Implementation of the Revoked 1997 8-Hour Ozone National Ambient Air Quality Standards; Areas That Attained by the Attainment Date, 40784-40787 [2021-15106]
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40784
Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations
Effective date 0901 UTC, October
7, 2021. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.11 and publication of
conforming amendments.
DATES:
FAA Order 7400.11E,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Rules and Regulations Group,
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email:
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Christopher McMullin, Rules and
Regulations Group, Office of Policy,
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
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History
The FAA published a notice of
proposed rulemaking for Docket No.
FAA–2020–0567 in the Federal Register
(85 FR 38799; June 29, 2020), a
supplemental NPRM (85 FR 60108;
September 24, 2020) and a final rule (86
FR 37235; July 15, 2021), amending
Federal airways V–15, V–444, jet routes
J–502, and J–511, and establishing an
extension of two Canadian Area
Navigation Q routes, Q–811, and Q–902.
The modifications are necessary due to
the decommissioning of the Burwash
Non-Directional Beacon (NDB) in Yukon
Territory, Canada, which provides
navigation guidance for portions of the
affected routes. Subsequent to the
publication, it was determined that
exclusionary language, ‘‘excluding the
airspace within Canada’’ was included
in The Rule section, but was not
included in the legal descriptions for
Q–902, and Q–811. This rule corrects
that error by including ‘‘excluding the
airspace within Canada’’ below the line
containing IGSOM, CA in the Q–811
legal description and below the line
containing KOTZEBUE, AK (OTZ) in
the Q–902 legal description. This is an
editorial change only and does not alter
the alignment of the route as shown on
aeronautical charts, and does not affect
the use of the route by aircraft.
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16:17 Jul 28, 2021
Jkt 253001
Canadian Area Navigation Routes are
published in paragraph 2007 of FAA
Order 7400.11E dated July 21, 2020, and
effective September 15, 2020, which is
incorporated by reference in 14 CFR
71.1. The Canadian Area Navigation
Routes listed in this document will be
subsequently published in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020,
and effective September 15, 2020. FAA
Order 7400.11E is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
Correction to Final Rule
The description of Canadian Area
Navigation Routes Q–811 and Q–902, as
published on page 37237, in the Federal
Register (86 FR 37235; July 15, 2021),
FR Doc. 2021–14978, is corrected as
follows:
§ 71.1
[Corrected]
1. On page 37237, Table Q–811
DILLINGHAM, AK TO IGSOM [NEW]’’
is corrected by adding the following
entry to the end of the table: ‘‘Excluding
the airspace within Canada.’’
2. On the same page, Table Q–902
SEATTLE, WA TO KOTZEBUE, AK
[NEW]’’ is corrected by adding the
following entry to the end of the table:
‘‘Excluding the airspace within
Canada.’’
Issued in Washington, DC, on July 23,
2021.
George Gonzalez,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2021–16020 Filed 7–28–21; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–HQ–OAR–2019–0611; FRL–7505–03–
OAR]
RIN 2060–AU54
Implementation of the Revoked 1997
8-Hour Ozone National Ambient Air
Quality Standards; Areas That Attained
by the Attainment Date
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is codifying its findings
that nine areas in four states attained the
revoked 1997 8-hour ozone National
Ambient Air Quality Standards (herein
referred to as the revoked 1997 ozone
NAAQS) by the applicable attainment
dates. This rule finalizes EPA’s
proposed determination that the
following areas timely attained the
standards: The Buffalo-Niagara Falls
area, and the Jefferson County,
Poughkeepsie and Jamestown areas in
the State of New York; the Shoreline
Sheboygan County and Inland
Sheboygan County areas in Wisconsin;
the Denver-Boulder-Greeley-Ft. CollinsLoveland area in Colorado and the San
Francisco Bay and Ventura County areas
in California.
SUMMARY:
This final rule is effective August
30, 2021.
DATES:
The EPA established Docket
ID No. EPA–HQ–OAR–2019–0611 for
this action. All documents in the docket
are listed in the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, e.g., confidential
business information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in the docket or in hard
copy at the EPA Docket Center Reading
Room, WJC West Building, Room 3334,
1301 Constitution Avenue NW,
Washington, DC 20004. Out of an
abundance of caution for members of
the public and our staff, the EPA Docket
Center and Reading Room are closed to
the public, with limited exceptions, to
reduce the risk of transmitting COVID–
19. Our Docket Center staff will
continue to provide remote customer
service via email, phone, and webform.
For further information on EPA Docket
Center services and the current status,
please visit us online at https://
www.epa.gov/dockets. The hours of
operation at the EPA Docket Center
Reading Room are 8:30 a.m.–4:30 p.m.,
Monday–Friday. The telephone number
for the EPA Docket Center is (202) 566–
1744.
ADDRESSES:
For
further general information on this final
rule, contact Ms. Virginia Raps, Air
Quality Policy Division, Office of Air
Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code: C539–01, Research Triangle Park,
NC 27711, telephone (919) 541–4383;
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations
fax number: (919) 541–5315; email
address: raps.virginia@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
L. Judicial Review
I. Background
In February 2019, the EPA sent letters
to the state air agencies of New York,
Wisconsin, Colorado and California
affirming that a total of nine areas
within these states attained the revoked
1997 ozone NAAQS by the applicable
attainment dates. On October 9, 2020,1
the EPA concurrently published a
proposal and a direct final rule to codify
the findings effective on January 7,
2021. Because an adverse comment was
received prior to the end of the
comment period, a notice to withdraw
the direct final rule was published in
the Federal Register and became
effective on December 9, 2020.
Consequently, the EPA is now acting on
the proposal by publishing this final
rule. Entities potentially affected
directly by this final action include the
public seeking information on the air
quality status of the areas codified by
this final rule, and state air agencies
with jurisdiction over areas found to
have attained by the attainment date.
Further, these areas are, therefore, not
subject to anti-backsliding consequences
for failure to timely attain the standards.
II. Response to Comments
The EPA received an anonymous
comment on the proposal suggesting
that the attainment year 2007–2009
design value (DV) for Denver-BoulderGreeley-Ft. Collins-Loveland, Colorado,
(herein referred to as the Denver area)
was incorrect. Instead of 0.078 parts per
million (ppm), as given in Table 1 of the
direct final rule and in the supporting
letter to the Colorado Department of
Public Health and Environment
(CDPHE) from Region 8 dated February
8, 2019, the commenter suggested the
DV for that time period was actually
0.082 ppm, citing the data provided on
the EPA website at https://
www.epa.gov/air-trends/air-qualitydesign-values. The EPA investigated the
information in the comment letter and
found that the EPA incorrectly assigned
the Denver area an attainment year DV
of 0.078 ppm where, according to
monitoring data for 2007–2009, the
correct DV for the Denver area was
0.082 ppm. As a result of its
investigation, the EPA Region 8 office
issued a letter dated November 13, 2020,
correcting the 2007–2009 DV for the
Denver area and notifying Mr. Garry
Kaufman, Director, CDPHE, of the
correction to the DV with the assurance
that the correction will be formalized
through a final rule published in the
Federal Register. The correction
changing the 2007–2009 DV for the
Denver area from 0.078 ppm to 0.082
ppm is made in Table 1 in this final
rule. The EPA notes that the revoked
1997 ozone NAAQS, effective on
September 16, 1997 [62 FR 38855, July
18, 1997], was established at 0.08 ppm,
which means that an area’s attaining DV
may in effect be as high as 0.084 ppm
using the standard rounding convention
to three decimal places.2 Therefore, the
correct 2007–2009 DV of 0.082 ppm
shows that the Denver area timely
attained the revoked 1997 ozone
NAAQS.
The proposal received three other
comments. One was complimentary to
the EPA’s proposal suggesting it was a
good idea to show the states’ success in
attaining the revoked 1997 ozone
NAAQS. The remaining two comments
were beyond the scope of this action.
III. Final Action
On October 9, 2020, the EPA issued
a proposal to codify in 40 CFR part 52
its findings that nine areas factually
attained the revoked 1997 ozone
NAAQS by the applicable attainment
dates. This rule provides the EPA’s
response to comments on the proposal
and finalizes the action as proposed.
The areas that attained the revoked
1997 8-hour ozone NAAQS by the
attainment date and the associated DV
information are summarized in Table 1.3
TABLE 1—AREAS THAT ATTAINED THE REVOKED 1997 8-HOUR OZONE NAAQS BY THE ATTAINMENT DATE
EPA
region
State
Applicable
attainment date
Area name
Attainment year
design value
(DV)
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Level
2 .............
New York .......
5 .............
Wisconsin A ....
8 .............
9 .............
Colorado ........
California ........
Buffalo-Niagara Falls, NY ...................................................................
Jamestown, NY ...................................................................................
Jefferson County, NY ..........................................................................
Poughkeepsie, NY ..............................................................................
Shoreline Sheboygan County, WI ......................................................
Inland Sheboygan County, WI.
Denver-Boulder-Greeley-Ft. Collins-Loveland, CO ............................
San Francisco Bay Area, CA ..............................................................
1 See ‘‘Updates to 40 CFR part 52 for Areas that
Attained by the Attainment Date,’’ proposal [85 FR
64089, October 9, 2020] and direct final rule [85 FR
64046, October 9, 2020].
2 See ‘‘National Ambient Air Quality Standards
for Ozone’’ [73 FR 16435, 16437, Mar. 27, 2008],
section I.C. Available on the U.S. GPO website at
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https://www.govinfo.gov/content/pkg/FR-2008-0327/pdf/E8-5645.pdf.
3 The Denver-Boulder-Greeley-Ft. CollinsLoveland, CO, area is identified as Denver Metro/
North Front Range, CO, (DMNFR) in 40 CFR part
81 for the 2015 8-hour ozone NAAQS [77 FR 28424,
28426, May 14, 2012]. See also, ‘‘Air Quality
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June
June
June
June
June
15,
15,
15,
15,
15,
2010
2010
2010
2010
2010
DV years
........
........
........
........
........
0.076
0.079
0.074
0.078
0.079
2007–2009
2007–2009
2007–2009
2007–2009
2007–2009
November 20, 2010
June 15, 2007 ........
0.082
0.080
2007–2009
2004–2006
Designations and Classifications for the [1997] 8Hour Ozone NAAQS; Early Action Compact Areas
With Deferred Effective Dates’’ [69 FR 23858, Apr.
30, 2004]. Available on the U.S. GPO website at
https://www.govinfo.gov/content/pkg/FR-2004-0430/pdf/04-9152.pdf.
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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations
TABLE 1—AREAS THAT ATTAINED THE REVOKED 1997 8-HOUR OZONE NAAQS BY THE ATTAINMENT DATE—Continued
EPA
region
State
Applicable
attainment date
Area name
Attainment year
design value
(DV)
Level
Ventura County, CA ............................................................................
June 15, 2013 ........
0.081
DV years
2010–2012
A On
April 30, 2004 [69 FR 23858] and May 21, 2012 [77 FR 30088], EPA designated the entirety of Sheboygan County, WI, as nonattainment
for the 1997 ozone NAAQS and 2008 ozone NAAQS, respectively. The EPA’s February 8, 2019, letter to the Wisconsin Department of Natural
Resources, finding that the area attained the revoked 1997 ozone NAAQS by the attainment date, applied the finding to the original full-county
Sheboygan County, WI, area. On July 15, 2019, the EPA revised the original designation by splitting the Sheboygan County, WI, area for the revoked 1997 ozone NAAQS and the 2008 ozone NAAQS area into the separate Inland Sheboygan County, WI, and Shoreline Sheboygan County, WI, areas [84 FR 33699, Jul. 15, 2019]. This change is reflected in 40 CFR 81.350 under ‘‘Wisconsin.’’ On April 26, 2020 [85 FR 23274] and
May 12, 2020 [85 FR 28550], EPA proposed to redesignate the Inland Sheboygan, WI, area and Shoreline Sheboygan, WI, areas, respectively,
to attainment of the 2008 ozone NAAQS. In those proposed rulemakings, EPA correctly indicated that redesignation for the more stringent 2008
ozone NAAQS would satisfy the obligation to adopt anti-backsliding requirements under the 1997 ozone NAAQS as codified at 40 CFR
51.1105(a)(1) and 40 CFR 51.1100(o). In the preamble to EPA’s July 10, 2020, final redesignation of the Inland Sheboygan, WI, area [85 FR
41400], EPA incorrectly stated that the revoked 1997 ozone NAAQS was not at issue in the redesignation, and upon EPA’s concurrent final redesignation of the Shoreline Sheboygan, WI, area [85 FR 41405], EPA failed to comment on any applicability to the revoked 1997 ozone
NAAQS. In fact, as specified in EPA’s March 6, 2015 ‘‘SIP Requirements Rule’’ for the 2008 ozone NAAQS [80 FR 12264], approval of a request
for redesignation to attainment for the 2008 ozone NAAQS signifies that the state has satisfied its obligations to adopt anti-backsliding requirements for the revoked 1997 ozone NAAQS. South Coast Air Quality Management District v. EPA, 882 F.3d 1138, 1151–52 (D.C. Cir. 2018).
IV. Environmental Justice
Considerations
This final rule requires no
environmental justice considerations.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and, therefore, was not
submitted to the Office of Management
and Budget for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities.
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D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 1531–
1538.4 The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
4 U.S.C.
16:17 Jul 28, 2021
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This action will neither
impose substantial direct compliance
costs on federally recognized tribal
governments, nor preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
is United States Code.
VerDate Sep<11>2014
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority, low-income
populations and/or indigenous peoples,
as specified in Executive Order 12898
[59 FR 7629, Feb. 16, 1994]. The
documentation for this decision is
contained in Section IV of this
document titled, ‘‘Environmental Justice
Considerations.’’
K. Congressional Review Act (CRA)
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
L. Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of final
actions that are locally and regionally
applicable may be filed only in the
United States Court of Appeals for the
appropriate circuit by September 27,
2021. However, the statute also provides
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that notwithstanding that general rule,
‘‘a petition for review of any action . . .
may be filed only in the United States
Court of Appeals for the District of
Columbia if such action is based on a
determination of nationwide scope or
effect and if in taking such action the
Administrator finds and publishes that
such action is based on such a
determination.’’ Because this final
action makes findings regarding the
attainment status of areas across the
country, in multiple EPA regions and
within the jurisdictions over multiple
U.S. Circuit Courts of Appeal, the
Administrator finds that this action has
nationwide scope and effect. Therefore,
in accordance with CAA section
307(b)(1), petitions for review of this
final action may be filed only in the
United States Court of Appeals for the
District of Columbia Circuit. Under CAA
section 307(b)(2), the requirements
established by this final rule may not be
challenged separately in any civil or
criminal proceedings for enforcement.
List of Subjects In 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements and
Volatile organic compounds.
Michael S. Regan,
Administrator.
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.282 is amended by
adding paragraph (l) to read as follows:
■
Control strategy and regulations:
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*
*
*
*
*
(l) Determination of attainment by the
attainment date. Effective August 30,
2021. On February 21, 2019, the EPA
determined that San Francisco Bay
Area, CA, attained the revoked 1997 8hour ozone National Ambient Air
Quality Standards (NAAQS) by the
applicable attainment date of June 15,
2007. The determination was based
upon complete quality-assured and
16:17 Jul 28, 2021
3. Section 52.350 is amended by
adding paragraph (d) to read as follows:
■
§ 52.350
Control strategy: Ozone.
*
*
*
*
*
(d) Determination of attainment by the
attainment date for the revoked 1997 8hour ozone National Ambient Air
Quality Standards (NAAQS). Effective
August 30, 2021. On November 13,
2020, the EPA determined that DenverBoulder-Greeley-Ft. Collins-Loveland,
CO, attained the revoked 1997 8-hour
ozone NAAQS by the applicable
attainment date of November 20, 2010.
The determination was based upon
complete quality-assured and certified
data for the three calendar years 2007–
2009.
4. Section 52.1683 is amended by
adding paragraph (s) to read as follows:
■
Control strategy: Ozone.
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*
*
*
*
(s) Determination of attainment by the
attainment date. Effective August 30,
2021. On February 4, 2019, the EPA
determined that certain areas in New
York attained the revoked 1997 8-hour
ozone National Ambient Air Quality
Standards (NAAQS) by the applicable
attainment date of June 15, 2010. The
determination was based upon complete
quality-assured and certified data for the
3 calendar years 2007–2009 for the
following areas:
(1) Buffalo-Niagara Falls, NY
(consisting of Erie and Niagara
Counties).
(2) Jamestown, NY (consisting of
Chautauqua County).
(3) Jefferson County, NY (consisting of
Jefferson County).
(4) Poughkeepsie, NY (consisting of
Dutchess, Orange and Putnam
Counties).
Subpart YY—Wisconsin
5. Section 52.2585 is amended by
adding paragraph (oo) to read as
follows:
■
§ 52.2585
*
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Control strategy: Ozone.
*
Frm 00025
*
*
Fmt 4700
*
Sfmt 4700
(oo) Determination of attainment by
the attainment date. Effective August 30,
2021. Effective August 30, 2021. On
February 8, 2019, the EPA determined
the Sheboygan County, WI, area attained
the revoked 1997 8-hour ozone NAAQS
by the attainment date of June 15, 2010.
On July 15, 2019, the EPA revised the
designation for the Sheboygan County,
WI, area for the revoked 1997 8-hour
ozone NAAQS and the 2008 8-hour
ozone NAAQS, by splitting the original
full-county area into the separate Inland
Sheboygan County, WI, and Shoreline
Sheboygan County, WI, areas. On July
10, 2020, EPA redesignated both the
Inland Sheboygan County, WI,
nonattainment area [85 FR 41400] and
the Shoreline Sheboygan County, WI,
nonattainment area [85 FR 41405] to
attainment for the 2008 8-hour ozone
NAAQS. Therefore, under 40 CFR
51.1105(b)(1), the areas are no longer
subject to the anti-backsliding
obligations for the revoked 1997 ozone
NAAQS under 40 CFR 51.1105(a)(1).
[FR Doc. 2021–15106 Filed 7–28–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
Subpart HH—New York
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
VerDate Sep<11>2014
Subpart G—Colorado
§ 52.1683
For the reasons stated in the
preamble, part 52, title 40, chapter 1 of
the Code of Federal Regulations are
amended as follows:
§ 52.282
Ozone.
certified data for the 3 calendar years
2004–2006. Further, the EPA
determined that the Ventura County,
CA, area attained the standards for the
revoked 1997 8-hour NAAQS by the
applicable attainment date of June 15,
2013. The determination was based
upon complete quality-assured and
certified data for the 3 calendar years
2010–2012.
40787
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 150623546–6395–02; RTID
0648–XB228]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2021
Closure for Spiny Lobster in the U.S.
Caribbean Off Puerto Rico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closures.
AGENCY:
NMFS implements an
accountability measure (AM) for spiny
lobster in the U.S. Caribbean exclusive
economic zone (EEZ) around Puerto
Rico. NMFS has determined that the
annual catch limit (ACL) for spiny
lobster in Puerto Rico was exceeded
based on average landings during the
2017 through 2019 fishing years.
Therefore, NMFS reduces the length of
the 2021 fishing season for spiny lobster
in the EEZ around Puerto Rico by the
amount necessary to ensure that
landings do not exceed the ACL in 2021.
This AM is necessary to protect the
spiny lobster resource in the EEZ
around Puerto Rico.
SUMMARY:
E:\FR\FM\29JYR1.SGM
29JYR1
]]>Agencies
[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Rules and Regulations]
[Pages 40784-40787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15106]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2019-0611; FRL-7505-03-OAR]
RIN 2060-AU54
Implementation of the Revoked 1997 8-Hour Ozone National Ambient
Air Quality Standards; Areas That Attained by the Attainment Date
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is codifying its
findings that nine areas in four states attained the revoked 1997 8-
hour ozone National Ambient Air Quality Standards (herein referred to
as the revoked 1997 ozone NAAQS) by the applicable attainment dates.
This rule finalizes EPA's proposed determination that the following
areas timely attained the standards: The Buffalo-Niagara Falls area,
and the Jefferson County, Poughkeepsie and Jamestown areas in the State
of New York; the Shoreline Sheboygan County and Inland Sheboygan County
areas in Wisconsin; the Denver-Boulder-Greeley-Ft. Collins-Loveland
area in Colorado and the San Francisco Bay and Ventura County areas in
California.
DATES: This final rule is effective August 30, 2021.
ADDRESSES: The EPA established Docket ID No. EPA-HQ-OAR-2019-0611 for
this action. All documents in the docket are listed in the https://www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically in the docket or in hard copy at the EPA Docket Center
Reading Room, WJC West Building, Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. Out of an abundance of caution for members of
the public and our staff, the EPA Docket Center and Reading Room are
closed to the public, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center staff will continue to provide
remote customer service via email, phone, and webform. For further
information on EPA Docket Center services and the current status,
please visit us online at https://www.epa.gov/dockets. The hours of
operation at the EPA Docket Center Reading Room are 8:30 a.m.-4:30
p.m., Monday-Friday. The telephone number for the EPA Docket Center is
(202) 566-1744.
FOR FURTHER INFORMATION CONTACT: For further general information on
this final rule, contact Ms. Virginia Raps, Air Quality Policy
Division, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail Code: C539-01, Research Triangle
Park, NC 27711, telephone (919) 541-4383;
[[Page 40785]]
fax number: (919) 541-5315; email address: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
L. Judicial Review
I. Background
In February 2019, the EPA sent letters to the state air agencies of
New York, Wisconsin, Colorado and California affirming that a total of
nine areas within these states attained the revoked 1997 ozone NAAQS by
the applicable attainment dates. On October 9, 2020,\1\ the EPA
concurrently published a proposal and a direct final rule to codify the
findings effective on January 7, 2021. Because an adverse comment was
received prior to the end of the comment period, a notice to withdraw
the direct final rule was published in the Federal Register and became
effective on December 9, 2020. Consequently, the EPA is now acting on
the proposal by publishing this final rule. Entities potentially
affected directly by this final action include the public seeking
information on the air quality status of the areas codified by this
final rule, and state air agencies with jurisdiction over areas found
to have attained by the attainment date. Further, these areas are,
therefore, not subject to anti-backsliding consequences for failure to
timely attain the standards.
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\1\ See ``Updates to 40 CFR part 52 for Areas that Attained by
the Attainment Date,'' proposal [85 FR 64089, October 9, 2020] and
direct final rule [85 FR 64046, October 9, 2020].
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II. Response to Comments
The EPA received an anonymous comment on the proposal suggesting
that the attainment year 2007-2009 design value (DV) for Denver-
Boulder-Greeley-Ft. Collins-Loveland, Colorado, (herein referred to as
the Denver area) was incorrect. Instead of 0.078 parts per million
(ppm), as given in Table 1 of the direct final rule and in the
supporting letter to the Colorado Department of Public Health and
Environment (CDPHE) from Region 8 dated February 8, 2019, the commenter
suggested the DV for that time period was actually 0.082 ppm, citing
the data provided on the EPA website at https://www.epa.gov/air-trends/air-quality-design-values. The EPA investigated the information in the
comment letter and found that the EPA incorrectly assigned the Denver
area an attainment year DV of 0.078 ppm where, according to monitoring
data for 2007-2009, the correct DV for the Denver area was 0.082 ppm.
As a result of its investigation, the EPA Region 8 office issued a
letter dated November 13, 2020, correcting the 2007-2009 DV for the
Denver area and notifying Mr. Garry Kaufman, Director, CDPHE, of the
correction to the DV with the assurance that the correction will be
formalized through a final rule published in the Federal Register. The
correction changing the 2007-2009 DV for the Denver area from 0.078 ppm
to 0.082 ppm is made in Table 1 in this final rule. The EPA notes that
the revoked 1997 ozone NAAQS, effective on September 16, 1997 [62 FR
38855, July 18, 1997], was established at 0.08 ppm, which means that an
area's attaining DV may in effect be as high as 0.084 ppm using the
standard rounding convention to three decimal places.\2\ Therefore, the
correct 2007-2009 DV of 0.082 ppm shows that the Denver area timely
attained the revoked 1997 ozone NAAQS.
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\2\ See ``National Ambient Air Quality Standards for Ozone'' [73
FR 16435, 16437, Mar. 27, 2008], section I.C. Available on the U.S.
GPO website at https://www.govinfo.gov/content/pkg/FR-2008-03-27/pdf/E8-5645.pdf.
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The proposal received three other comments. One was complimentary
to the EPA's proposal suggesting it was a good idea to show the states'
success in attaining the revoked 1997 ozone NAAQS. The remaining two
comments were beyond the scope of this action.
III. Final Action
On October 9, 2020, the EPA issued a proposal to codify in 40 CFR
part 52 its findings that nine areas factually attained the revoked
1997 ozone NAAQS by the applicable attainment dates. This rule provides
the EPA's response to comments on the proposal and finalizes the action
as proposed.
The areas that attained the revoked 1997 8-hour ozone NAAQS by the
attainment date and the associated DV information are summarized in
Table 1.\3\
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\3\ The Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, area is
identified as Denver Metro/North Front Range, CO, (DMNFR) in 40 CFR
part 81 for the 2015 8-hour ozone NAAQS [77 FR 28424, 28426, May 14,
2012]. See also, ``Air Quality Designations and Classifications for
the [1997] 8-Hour Ozone NAAQS; Early Action Compact Areas With
Deferred Effective Dates'' [69 FR 23858, Apr. 30, 2004]. Available
on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2004-04-30/pdf/04-9152.pdf.
Table 1--Areas That Attained the Revoked 1997 8-Hour Ozone NAAQS by the Attainment Date
----------------------------------------------------------------------------------------------------------------
Attainment year
design value (DV)
EPA region State Area name Applicable attainment date ---------------------
Level DV years
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2.............. New York............. Buffalo-Niagara Falls, June 15, 2010............. 0.076 2007-2009
NY.
Jamestown, NY......... June 15, 2010............. 0.079 2007-2009
Jefferson County, NY.. June 15, 2010............. 0.074 2007-2009
Poughkeepsie, NY...... June 15, 2010............. 0.078 2007-2009
5.............. Wisconsin A.......... Shoreline Sheboygan June 15, 2010............. 0.079 2007-2009
County, WI.
Inland Sheboygan
County, WI.
8.............. Colorado............. Denver-Boulder-Greeley- November 20, 2010......... 0.082 2007-2009
Ft. Collins-Loveland,
CO.
9.............. California........... San Francisco Bay June 15, 2007............. 0.080 2004-2006
Area, CA.
[[Page 40786]]
Ventura County, CA.... June 15, 2013............. 0.081 2010-2012
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A On April 30, 2004 [69 FR 23858] and May 21, 2012 [77 FR 30088], EPA designated the entirety of Sheboygan
County, WI, as nonattainment for the 1997 ozone NAAQS and 2008 ozone NAAQS, respectively. The EPA's February
8, 2019, letter to the Wisconsin Department of Natural Resources, finding that the area attained the revoked
1997 ozone NAAQS by the attainment date, applied the finding to the original full-county Sheboygan County, WI,
area. On July 15, 2019, the EPA revised the original designation by splitting the Sheboygan County, WI, area
for the revoked 1997 ozone NAAQS and the 2008 ozone NAAQS area into the separate Inland Sheboygan County, WI,
and Shoreline Sheboygan County, WI, areas [84 FR 33699, Jul. 15, 2019]. This change is reflected in 40 CFR
81.350 under ``Wisconsin.'' On April 26, 2020 [85 FR 23274] and May 12, 2020 [85 FR 28550], EPA proposed to
redesignate the Inland Sheboygan, WI, area and Shoreline Sheboygan, WI, areas, respectively, to attainment of
the 2008 ozone NAAQS. In those proposed rulemakings, EPA correctly indicated that redesignation for the more
stringent 2008 ozone NAAQS would satisfy the obligation to adopt anti-backsliding requirements under the 1997
ozone NAAQS as codified at 40 CFR 51.1105(a)(1) and 40 CFR 51.1100(o). In the preamble to EPA's July 10, 2020,
final redesignation of the Inland Sheboygan, WI, area [85 FR 41400], EPA incorrectly stated that the revoked
1997 ozone NAAQS was not at issue in the redesignation, and upon EPA's concurrent final redesignation of the
Shoreline Sheboygan, WI, area [85 FR 41405], EPA failed to comment on any applicability to the revoked 1997
ozone NAAQS. In fact, as specified in EPA's March 6, 2015 ``SIP Requirements Rule'' for the 2008 ozone NAAQS
[80 FR 12264], approval of a request for redesignation to attainment for the 2008 ozone NAAQS signifies that
the state has satisfied its obligations to adopt anti-backsliding requirements for the revoked 1997 ozone
NAAQS. South Coast Air Quality Management District v. EPA, 882 F.3d 1138, 1151-52 (D.C. Cir. 2018).
IV. Environmental Justice Considerations
This final rule requires no environmental justice considerations.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and, therefore,
was not submitted to the Office of Management and Budget for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995, 2 U.S.C. 1531-1538.\4\ The action imposes
no enforceable duty on any state, local or tribal governments or the
private sector.
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\4\ U.S.C. is United States Code.
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E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action will neither impose substantial
direct compliance costs on federally recognized tribal governments, nor
preempt tribal law. Thus, Executive Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority,
low-income populations and/or indigenous peoples, as specified in
Executive Order 12898 [59 FR 7629, Feb. 16, 1994]. The documentation
for this decision is contained in Section IV of this document titled,
``Environmental Justice Considerations.''
K. Congressional Review Act (CRA)
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of final actions that are locally and regionally applicable may be
filed only in the United States Court of Appeals for the appropriate
circuit by September 27, 2021. However, the statute also provides
[[Page 40787]]
that notwithstanding that general rule, ``a petition for review of any
action . . . may be filed only in the United States Court of Appeals
for the District of Columbia if such action is based on a determination
of nationwide scope or effect and if in taking such action the
Administrator finds and publishes that such action is based on such a
determination.'' Because this final action makes findings regarding the
attainment status of areas across the country, in multiple EPA regions
and within the jurisdictions over multiple U.S. Circuit Courts of
Appeal, the Administrator finds that this action has nationwide scope
and effect. Therefore, in accordance with CAA section 307(b)(1),
petitions for review of this final action may be filed only in the
United States Court of Appeals for the District of Columbia Circuit.
Under CAA section 307(b)(2), the requirements established by this final
rule may not be challenged separately in any civil or criminal
proceedings for enforcement.
List of Subjects In 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications, Incorporation
by reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements and Volatile organic
compounds.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble, part 52, title 40, chapter
1 of the Code of Federal Regulations are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.282 is amended by adding paragraph (l) to read as
follows:
Sec. 52.282 Control strategy and regulations: Ozone.
* * * * *
(l) Determination of attainment by the attainment date. Effective
August 30, 2021. On February 21, 2019, the EPA determined that San
Francisco Bay Area, CA, attained the revoked 1997 8-hour ozone National
Ambient Air Quality Standards (NAAQS) by the applicable attainment date
of June 15, 2007. The determination was based upon complete quality-
assured and certified data for the 3 calendar years 2004-2006. Further,
the EPA determined that the Ventura County, CA, area attained the
standards for the revoked 1997 8-hour NAAQS by the applicable
attainment date of June 15, 2013. The determination was based upon
complete quality-assured and certified data for the 3 calendar years
2010-2012.
Subpart G--Colorado
0
3. Section 52.350 is amended by adding paragraph (d) to read as
follows:
Sec. 52.350 Control strategy: Ozone.
* * * * *
(d) Determination of attainment by the attainment date for the
revoked 1997 8-hour ozone National Ambient Air Quality Standards
(NAAQS). Effective August 30, 2021. On November 13, 2020, the EPA
determined that Denver-Boulder-Greeley-Ft. Collins-Loveland, CO,
attained the revoked 1997 8-hour ozone NAAQS by the applicable
attainment date of November 20, 2010. The determination was based upon
complete quality-assured and certified data for the three calendar
years 2007-2009.
Subpart HH--New York
0
4. Section 52.1683 is amended by adding paragraph (s) to read as
follows:
Sec. 52.1683 Control strategy: Ozone.
* * * * *
(s) Determination of attainment by the attainment date. Effective
August 30, 2021. On February 4, 2019, the EPA determined that certain
areas in New York attained the revoked 1997 8-hour ozone National
Ambient Air Quality Standards (NAAQS) by the applicable attainment date
of June 15, 2010. The determination was based upon complete quality-
assured and certified data for the 3 calendar years 2007-2009 for the
following areas:
(1) Buffalo-Niagara Falls, NY (consisting of Erie and Niagara
Counties).
(2) Jamestown, NY (consisting of Chautauqua County).
(3) Jefferson County, NY (consisting of Jefferson County).
(4) Poughkeepsie, NY (consisting of Dutchess, Orange and Putnam
Counties).
Subpart YY--Wisconsin
0
5. Section 52.2585 is amended by adding paragraph (oo) to read as
follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(oo) Determination of attainment by the attainment date. Effective
August 30, 2021. Effective August 30, 2021. On February 8, 2019, the
EPA determined the Sheboygan County, WI, area attained the revoked 1997
8-hour ozone NAAQS by the attainment date of June 15, 2010. On July 15,
2019, the EPA revised the designation for the Sheboygan County, WI,
area for the revoked 1997 8-hour ozone NAAQS and the 2008 8-hour ozone
NAAQS, by splitting the original full-county area into the separate
Inland Sheboygan County, WI, and Shoreline Sheboygan County, WI, areas.
On July 10, 2020, EPA redesignated both the Inland Sheboygan County,
WI, nonattainment area [85 FR 41400] and the Shoreline Sheboygan
County, WI, nonattainment area [85 FR 41405] to attainment for the 2008
8-hour ozone NAAQS. Therefore, under 40 CFR 51.1105(b)(1), the areas
are no longer subject to the anti-backsliding obligations for the
revoked 1997 ozone NAAQS under 40 CFR 51.1105(a)(1).
[FR Doc. 2021-15106 Filed 7-28-21; 8:45 am]
BILLING CODE 6560-50-P
