Findings of Failure To Attain and Reclassification of Areas in Illinois, Indiana, Michigan, Ohio, and Wisconsin as Serious for the 2015 Ozone National Ambient Air Quality Standards, 101901-101910 [2024-29137]
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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations
101901
WASHINGTON—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area 1
Date 2
Whatcom County (part) ..................................................................................................
That portion of Whatcom County encompassed by the rectangle with the
vertices using Universal Traverse Mercator (UTM) coordinates in UTM zone
10 with datum NAD83 as follows: (1) Vertices—UTM Easting (m) 519671,
UTM Northing (m) 5412272; (2) Vertices—UTM Easting (m) 524091, UTM
Northing (m) 5412261; (3) Vertices—UTM Easting (m) 519671, UTM Northing
(m) 5409010; (1) Vertices—UTM Easting (m) 524111, UTM Northing (m)
5409044.
*
*
*
*
Type
January 16, 2025 ...............
*
*
Attainment.
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is April 9, 2018, unless otherwise noted.
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R05–OAR–2024–0546; FRL–12410–
01–R5]
Findings of Failure To Attain and
Reclassification of Areas in Illinois,
Indiana, Michigan, Ohio, and
Wisconsin as Serious for the 2015
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final determination.
AGENCY:
The Environmental Protection
Agency (EPA) is determining that the
Allegan County, MI; Berrien County, MI;
Chicago, IL-IN-WI; Cleveland, OH;
Milwaukee, WI; Muskegon County, MI;
Sheboygan County, WI; and Illinois
portion of the St. Louis, MO-IL areas
failed to attain the 2015 ozone National
Ambient Air Quality Standards
(NAAQS) by the applicable attainment
date. The effect of failing to attain by the
applicable attainment date is that the
areas will be reclassified by operation of
law to ‘‘Serious’’ nonattainment for the
2015 ozone NAAQS on January 16,
2025, the effective date of this final rule.
This action fulfills EPA’s obligation
under the Clean Air Act (CAA) to
determine whether ozone
nonattainment areas attained the
NAAQS by the attainment date and to
publish a document in the Federal
Register identifying each area that is
determined as having failed to attain
and identifying the reclassification.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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This final rule is effective on
January 16, 2025.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2024–0546. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information (CBI), Proprietary Business
Information (PBI), 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 through https://
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Eric
Svingen, Environmental Engineer, at
(312) 353–4489 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric
Svingen, Air and Radiation Division
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 353–4489, svingen.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
[FR Doc. 2024–29575 Filed 12–16–24; 8:45 am]
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I. Overview of Action
EPA is required to determine whether
areas designated nonattainment for an
ozone NAAQS attained the standard by
the applicable attainment date, and to
take certain steps for areas that failed to
attain (see CAA section 181(b)(2)).
EPA’s determination of attainment for
the 2015 ozone NAAQS is based on a
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nonattainment area’s design value (DV)
as of the attainment date.1
The 2015 ozone NAAQS is met at an
EPA regulatory monitoring site when
the DV does not exceed 0.070 parts per
million (ppm). For the Moderate
nonattainment areas for the 2015 ozone
NAAQS addressed in this action, the
attainment date was August 3, 2024.
Because the DV is based on the three
most recent, complete calendar years of
data, attainment must occur no later
than December 31 of the year prior to
the attainment date (i.e., December 31,
2023, in the case of Moderate
nonattainment areas for the 2015 ozone
NAAQS). As such, EPA’s
determinations for each area are based
upon the complete, quality-assured, and
certified ozone monitoring data from
calendar years 2021, 2022, and 2023.
This action addresses eight areas in
Illinois, Indiana, Michigan, Missouri,
Ohio, and Wisconsin that were
classified as Moderate for the 2015
ozone NAAQS as of the Moderate area
attainment date of August 3, 2024. EPA
is addressing the remaining areas,
including the Missouri portion of the St.
Louis area, in separate actions. Table 1
provides a summary of the DVs and the
EPA’s air quality-based determinations
1 A DV is a statistic used to compare data
collected at an ambient air quality monitoring site
to the applicable NAAQS to determine compliance
with the standard. The data handling conventions
for calculating DVs for the 2015 ozone NAAQS are
specified in appendix U to 40 CFR part 50. The DV
for the 2015 ozone NAAQS is the 3-year average of
the annual fourth highest daily maximum 8-hour
average ozone concentration. The DV is calculated
for each air quality monitor in an area, and the DV
for an area is the highest DV among the individual
monitoring sites located in the area.
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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations
for the eight Moderate areas addressed
in this action.
TABLE 1—SUMMARY OF NONATTAINMENT AREAS IN ILLINOIS, INDIANA, MICHIGAN, MISSOURI, OHIO, AND WISCONSIN
CLASSIFIED AS MODERATE FOR THE 2015 OZONE NAAQS
2021–2023
design value
(DV)
(ppm)
Nonattainment area
Allegan County, MI ......................................................................................................................................
Berrien County, MI .......................................................................................................................................
Chicago, IL-IN-WI ........................................................................................................................................
Cleveland, OH .............................................................................................................................................
Milwaukee, WI .............................................................................................................................................
Muskegon County, MI ..................................................................................................................................
Sheboygan County, WI ................................................................................................................................
St. Louis, MO-IL ...........................................................................................................................................
ddrumheller on DSK120RN23PROD with RULES1
EPA is finding that the eight Moderate
areas in Table 1 did not attain by their
attainment dates, because their 2021–
2023 DVs are greater than 0.070 ppm. If
EPA determines that a nonattainment
area classified as Moderate failed to
attain by the attainment date, CAA
section 181(b)(2)(B) requires EPA to
publish a determination in the Federal
Register, no later than 6 months
following the attainment date,
identifying each such area and
identifying the applicable
reclassification.
Under CAA section 181(b)(2)(A), the
effect of this determination is that these
eight areas will be reclassified by
operation of law as Serious on the
effective date of this final rule. The
reclassified areas will then be subject to
the Serious area requirement to attain
the 2015 ozone NAAQS as
expeditiously as practicable, but not
later than August 3, 2027.
Once reclassified as Serious, the
relevant States must submit to EPA the
SIP revisions for these areas that satisfy
the statutory and regulatory
requirements applicable to Serious areas
established in CAA section 182(c) and
in the 2015 Ozone NAAQS SIP
Requirements Rule (see 83 FR 62998,
December 6, 2018). EPA is establishing
deadlines for submitting SIP revisions
for these reclassified areas in a separate
action.
II. What is the background for this
action?
On October 26, 2015, EPA issued its
final action to revise the NAAQS for
ozone to establish a new 8-hour
standard (see 80 FR 65452, October 26,
2015). In that action, EPA promulgated
identical tighter primary and secondary
ozone standards designed to protect
public health and welfare that specified
an 8-hour ozone level of 0.070 ppm.
Specifically, the standards require that
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the 3-year average of the annual fourth
highest daily maximum 8-hour average
ozone concentration may not exceed
0.070 ppm.
Effective on August 3, 2018, EPA
designated 52 areas throughout the
country as nonattainment for the 2015
ozone NAAQS (see 83 FR 25776, June
4, 2018). In a separate action, EPA
assigned classification thresholds and
attainment dates based on the severity
of an area’s ozone problem, determined
by the area’s DV (see 83 FR 10376, May
8, 2018). EPA established the attainment
date for Marginal, Moderate, and
Serious nonattainment areas as 3 years,
6 years, and 9 years, respectively, from
the effective date of the final
designations. Thus, the attainment date
for Marginal nonattainment areas for the
2015 ozone NAAQS was August 3,
2021, the attainment date for Moderate
areas was August 3, 2024, and the
attainment date for Serious areas is
August 3, 2027. On October 7, 2022 (87
FR 60897), EPA determined that 22
areas, including the eight areas
addressed in this action, did not attain
the standards by the Marginal
attainment date, and these areas were
reclassified as Moderate by operation of
law.
III. What is the statutory authority for
this action?
The statutory authority for these
determinations is provided by the CAA,
as amended (42 U.S.C. 7401 et seq.).
Relevant portions of the CAA include,
but are not necessarily limited to,
sections 181 and 182.
CAA section 107(d) provides that
when the EPA establishes or revises a
NAAQS, the agency must designate
areas of the country as nonattainment,
attainment, or unclassifiable based on
whether an area is not meeting (or is
contributing to air quality in a nearby
area that is not meeting) the NAAQS,
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0.075
0.073
0.077
0.073
0.074
0.077
0.077
0.074
Attainment by the
attainment date
Failed
Failed
Failed
Failed
Failed
Failed
Failed
Failed
to
to
to
to
to
to
to
to
attain.
attain.
attain.
attain.
attain.
attain.
attain.
attain.
meeting the NAAQS, or cannot be
classified as meeting or not meeting the
NAAQS, respectively. Subpart 2 of part
D of title I of the CAA governs the
classification, State planning, and
emissions control requirements for any
areas designated as nonattainment for a
revised primary ozone NAAQS. In
particular, CAA section 181(a)(1)
requires each area designated as
nonattainment for a revised ozone
NAAQS to be classified at the same time
as the area is designated based on the
extent of the ozone problem in the area
(as determined based on the area’s DV).
Classifications for ozone nonattainment
areas are ‘‘Marginal,’’ ‘‘Moderate,’’
‘‘Serious,’’ ‘‘Severe,’’ and ‘‘Extreme,’’ in
order of stringency. CAA section 182
provides the specific attainment
planning and additional requirements
that apply to each ozone nonattainment
area based on its classification.
Section 181(b)(2)(A) of the CAA
requires that within 6 months following
the applicable attainment date, EPA
shall determine whether an ozone
nonattainment area attained the ozone
standard based on the area’s DV as of
that date. Under CAA section 181(a)(5)
as interpreted by EPA in 40 CFR
51.1307, upon application by any State,
EPA may grant a 1-year extension to the
attainment date when certain criteria are
met. One criterion for a first attainment
date extension is that an area’s fourth
highest daily maximum 8-hour value for
the attainment year must not exceed the
level of the standard.
In the event an area fails to attain the
ozone NAAQS by the applicable
attainment date and is not granted a 1year attainment date extension, CAA
section 181(b)(2)(A) requires the EPA to
make the determination that an ozone
nonattainment area failed to attain the
ozone standard by the applicable
attainment date, and requires the area to
be reclassified by operation of law to the
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higher of: (1) The next higher
classification for the area, or (2) the
classification applicable to the area’s DV
as of the determination of failure to
attain.2 Section 181(b)(2)(B) of the CAA
requires EPA to publish the
determination of failure to attain and
accompanying reclassification in the
Federal Register no later than 6 months
after the attainment date, which in the
case of the Moderate nonattainment
areas considered in this determination
is February 3, 2025.
Once an area is reclassified, each
State that contains a reclassified area is
required to submit certain SIP revisions
in accordance with its more stringent
classification. The SIP revisions are
intended to, among other things,
demonstrate how the area will attain the
NAAQS as expeditiously as practicable,
but no later than August 3, 2027, the
Serious area attainment date for the
2015 ozone NAAQS. Per CAA section
182(i), a State with a reclassified ozone
nonattainment area must submit the
applicable attainment plan requirements
‘‘according to the schedules prescribed
in connection with such requirements’’
in CAA section 182(c) for Serious areas,
but EPA ‘‘may adjust applicable
deadlines (other than attainment dates)
to the extent such adjustment is
necessary or appropriate to assure
consistency among the required
submissions.’’ EPA is addressing the SIP
revision and implementation deadlines
for newly reclassified Serious areas, as
well as the continued applicability of
Moderate area requirements that these
areas may not yet have met, in a
separate rulemaking.
IV. How does EPA determine whether
an area has attained the standard?
The level of the 2015 ozone NAAQS
is 0.070 ppm.3 Under EPA regulations at
40 CFR part 50, appendix U, the 2015
ozone NAAQS is attained at a site when
the 3-year average of the annual fourth
highest daily maximum 8-hour average
ddrumheller on DSK120RN23PROD with RULES1
2 All nonattainment areas named in this action
that failed to attain by the attainment date would
be classified to the next higher classification,
Serious. None of the affected areas has a DV that
would otherwise place an area in a higher
classification.
3 See 40 CFR 50.19.
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ambient ozone concentration (i.e., DV)
does not exceed 0.070 ppm. When the
DV does not exceed 0.070 ppm at each
ambient air quality monitoring site
within the area, the area is deemed to
be attaining the ozone NAAQS. Each
area’s DV is determined by the highest
DV among monitors with valid DVs.4
The data handling convention in
appendix P dictates that concentrations
shall be reported in ‘‘ppm’’ to the third
decimal place, with additional digits to
the right being truncated. Thus, a
computed 3-year average ozone
concentration of 0.071 ppm is greater
than 0.070 ppm and would exceed the
standard, but a computed 3-year average
ozone concentration of 0.0709 ppm is
truncated to 0.070 ppm and attains the
2015 ozone NAAQS.
EPA’s determination of attainment is
based upon hourly ozone concentration
data for calendar years 2021, 2022 and
2023 that have been collected and
quality-assured in accordance with 40
CFR part 58 and reported to EPA’s Air
Quality System (AQS) database.5
State and local monitoring network
plans are subject to approval by EPA on
an annual basis and any interim
modifications to those plans must also
4 According to appendix U to 40 CFR part 50,
ambient monitoring sites with a DV of 0.070 ppm
or less must meet minimum data completeness
requirements in order to be considered valid. These
requirements are met for a 3-year period at a site
if daily maximum 8-hour average ozone
concentrations are available for at least 90% of the
days within the ozone monitoring season, on
average, for the 3-year period, with a minimum of
at least 75% of the days within the ozone
monitoring season in any one year. Ozone
monitoring seasons are defined for each State in
appendix D to 40 CFR part 58. DVs greater than
0.070 ppm are considered to be valid regardless of
the data completeness.
5 EPA maintains the AQS, a database that
contains ambient air pollution data collected by
EPA, State, local, and tribal air pollution control
agencies. The AQS also contains meteorological
data, descriptive information about each monitoring
station (including its geographic location and its
operator) and data quality assurance/quality control
information. The AQS data is used to (1) assess air
quality, (2) assist in attainment/non-attainment
designations, (3) evaluate SIPs for non-attainment
areas, (4) perform modeling for permit review
analysis, and (5) prepare reports for Congress as
mandated by the CAA. Access is through the
website at https://www.epa.gov/aqs.
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101903
be approved by EPA.6 The annual
monitoring network plan process is
provided in 40 CFR 58.10 and the
requirements governing system
modifications and monitor
discontinuations are laid out in 40 CFR
58.14. Where State or local agencies
seek to modify the ambient air quality
monitoring networks by discontinuing a
monitor station, EPA may approve such
modifications subject to the criteria
established in 40 CFR 58.14(c). EPA
may not approve such discontinuation if
doing so would compromise data
collection needed for implementation of
a NAAQS. If a monitor has been
discontinued subject to 40 CFR 58.14
such that the discontinuation results in
insufficient data to calculate a valid DV
according to appendix U to 40 CFR part
50, EPA will determine the applicable
area’s attainment status based on the
remaining monitors in the area.
V. What is EPA’s determination for the
areas?
EPA is determining that the eight
Moderate nonattainment areas
addressed in this action failed to attain
the 2015 ozone NAAQS by the
attainment date of August 3, 2024. The
eight areas are: Allegan County, MI;
Berrien County, MI; Chicago, IL-IN-WI;
Cleveland, OH; Milwaukee, WI;
Muskegon County, MI; Sheboygan
County, WI; and the Illinois portion of
the St. Louis, MO-IL area. As shown in
Table 1, at least one monitor in each of
these areas had a 2021–2023 DV greater
than 0.070 ppm. EPA has further
determined that these areas did not
meet the requirement under section
181(a)(5)(B) and 40 CFR 51.1307
necessary to grant a 1-year extension of
the attainment date, because at least one
monitor in each area had a 2023 fourth
highest daily maximum 8-hour average
that was greater than 0.070 ppm. Table
2 through Table 9 show the annual
fourth highest daily maximum 8-hour
average ozone concentration and 2021–
2023 DV for each monitor in the eight
areas.
6 Annual monitoring network plans for each State
are available at https://www.epa.gov/amtic/statemonitoring-agency-annual-air-monitoring-plansand-network-assessments.
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TABLE 2—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN
VALUES AT ALL MONITORS IN THE ALLEGAN COUNTY, MI AREA
AQS Site ID
26–005–0003 ................
County
Fourth highest daily maximum 8-hour average
ozone concentration
(ppm)
State
Allegan ........................
Michigan ......................
2021
2022
2023
2021–2023
design value
(DV)
(ppm)
0.078
0.073
0.075
0.075
TABLE 3—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN
VALUES AT ALL MONITORS IN THE BERRIEN COUNTY, MI AREA
AQS Site ID
26–021–0014 ................
County
Fourth highest daily maximum 8-hour average
ozone concentration
(ppm)
State
Berrien .........................
Michigan ......................
2021
2022
2023
2021–2023
design value
(DV)
(ppm)
0.069
0.074
0.078
0.073
TABLE 4—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN
VALUES AT ALL MONITORS IN THE CHICAGO, IL-IN-WI AREA
AQS Site ID
County
Fourth highest daily maximum 8-hour average
ozone concentration
(ppm)
State
2021
17–031–0001
17–031–0032
17–031–0076
17–031–1003
17–031–1601
17–031–3103
17–031–4002
17–031–4007
17–031–4201
17–031–7002
17–043–6001
17–089–0005
17–097–1007
17–111–0001
17–197–1011
18–089–0022
18–089–2008
18–127–0024
18–127–0026
55–059–0019
55–059–0025
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Cook ............................
Cook ............................
Cook ............................
Cook ............................
Cook ............................
Cook ............................
Cook ............................
Cook ............................
Cook ............................
Cook ............................
DuPage .......................
Kane ............................
Lake ............................
McHenry ......................
Will ..............................
Lake ............................
Lake ............................
Porter ..........................
Porter ..........................
Kenosha ......................
Kenosha ......................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Indiana ........................
Indiana ........................
Indiana ........................
Indiana ........................
Wisconsin ....................
Wisconsin ....................
2022
0.068
0.077
0.070
0.068
0.072
0.060
0.067
0.069
0.075
0.078
0.069
0.068
0.077
0.069
0.065
0.070
0.068
0.072
0.066
0.079
0.072
2023
0.073
0.072
0.074
0.070
0.071
0.062
0.068
0.070
0.070
0.071
0.068
0.070
0.070
0.070
0.064
0.071
0.069
0.073
0.067
0.070
0.071
0.082
0.083
0.080
0.073
0.081
0.081
0.080
0.083
0.086
0.081
0.082
0.084
0.081
0.084
0.080
0.076
0.075
0.077
0.072
0.084
0.080
2021–2023
design value
(DV)
(ppm)
0.074
0.077
0.074
0.070
0.074
0.067
0.071
0.074
0.077
0.076
0.073
0.074
0.076
0.074
0.069
0.072
0.070
0.074
0.068
0.077
0.074
TABLE 5—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN
VALUES AT ALL MONITORS IN THE CLEVELAND, OH AREA
AQS Site ID
County
Fourth highest daily maximum 8-hour average
ozone concentration
(ppm)
State
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2021
39–035–0034
39–035–0060
39–035–0064
39–035–5002
39–055–0004
39–085–0003
39–085–0007
39–093–0018
39–103–0004
39–133–1001
39–153–0026
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Cuyahoga ....................
Cuyahoga ....................
Cuyahoga ....................
Cuyahoga ....................
Geauga .......................
Lake ............................
Lake ............................
Lorain ..........................
Medina ........................
Portage ........................
Summit ........................
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Ohio
Ohio
Ohio
Ohio
Ohio
Ohio
Ohio
Ohio
Ohio
Ohio
Ohio
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2022
0.070
0.059
0.069
0.068
0.067
0.072
0.063
0.059
0.065
0.067
0.066
E:\FR\FM\17DER1.SGM
2023
0.073
0.061
0.065
0.065
0.064
0.076
0.062
0.063
0.067
0.071
0.069
17DER1
0.071
0.065
0.075
0.073
0.066
0.072
0.073
0.064
0.072
0.070
0.071
2021–2023
design value
(DV)
(ppm)
0.071
0.061
0.069
0.068
0.065
0.073
0.066
0.062
0.068
0.069
0.068
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations
101905
TABLE 6—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN
VALUES AT ALL MONITORS IN THE MILWAUKEE, WI AREA
AQS Site ID
County
Fourth highest daily maximum 8-hour average
ozone concentration
(ppm)
State
2021
55–0790010 ..................
55–079–0068 ................
55–079–0085 ................
55–089–0008 ................
55–089–0009 ................
Milwaukee ...................
Milwaukee ...................
Milwaukee ...................
Ozaukee ......................
Ozaukee ......................
Wisconsin
Wisconsin
Wisconsin
Wisconsin
Wisconsin
....................
....................
....................
....................
....................
2022
0.066
0.071
0.072
0.072
0.073
2023
0.065
0.070
0.074
0.072
0.071
0.068
0.076
0.076
0.077
0.077
2021–2023
design value
(DV)
(ppm)
0.066
0.072
0.074
0.073
0.073
TABLE 7—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN
VALUES AT ALL MONITORS IN THE MUSKEGON COUNTY, MI AREA
AQS Site ID
26–121–0039 ................
County
Fourth highest daily maximum 8-hour average
ozone concentration
(ppm)
State
Muskegon ....................
Michigan ......................
2021
2022
2023
2021–2023
design value
(DV)
(ppm)
0.075
0.082
0.075
0.077
TABLE 8—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN
VALUES AT ALL MONITORS IN THE SHEBOYGAN COUNTY, WI AREA
AQS Site ID
County
Fourth highest daily maximum 8-hour average
ozone concentration
(ppm)
State
2021
55–117–0006 ................
55–117–0009 ................
Sheboygan ..................
Sheboygan ..................
Wisconsin ....................
Wisconsin ....................
2022
0.073
0.066
2023
0.077
0.071
0.082
0.074
2021–2023
design value
(DV)
(ppm)
0.077
0.070
TABLE 9—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN
VALUES AT ALL MONITORS IN THE ST. LOUIS, MO-IL AREA
AQS Site ID
County
Fourth highest daily maximum 8-hour average
ozone concentration
(ppm)
State
2021
17–119–0120 ................
17–119–0122 ................
17–1193007 ..................
17–163–0010 ................
29–099–0019 ................
29–183–1002 ................
29–183–1004 ................
29–510–0085 ................
Madison .......................
Madison .......................
Madison .......................
St. Clair .......................
Jefferson .....................
St. Charles ..................
St. Charles ..................
St. Louis City ...............
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VI. What action is EPA taking?
Pursuant to CAA section 181(b)(2),
EPA is determining that the Allegan
County, MI; Berrien County, MI;
Chicago, IL-IN-WI; Cleveland, OH;
Milwaukee, WI; Muskegon County, MI;
Sheboygan County, WI; and Illinois
portion of the St. Louis, MO-IL areas
failed to attain the 2015 ozone NAAQS
by the applicable attainment date of
August 3, 2024. Therefore, upon the
effective date of this final action, these
areas will be reclassified, by operation
of law, to Serious for the 2015 ozone
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Illinois ..........................
Illinois ..........................
Illinois ..........................
Illinois ..........................
Missouri .......................
Missouri .......................
Missouri .......................
Missouri .......................
0.070
0.070
0.070
0.070
0.073
0.067
0.065
0.068
NAAQS. Once reclassified as Serious,
these areas will be required to attain the
standard ‘‘as expeditiously as
practicable’’ but no later than 9 years
after the initial designation as
nonattainment, which in this case
would be no later than August 3, 2027.
Section 553 of the APA, 5 U.S.C.
553(b)(B), provides that, when an
agency for good cause finds that notice
and public procedures are
impracticable, unnecessary or contrary
to the public interest, the agency may
issue a rule without providing notice
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2022
2023
0.076
0.067
0.072
0.066
0.067
0.071
0.067
0.068
0.078
0.078
0.077
0.067
0.078
0.080
0.073
0.077
2021–2023
design value
(DV)
(ppm)
0.074
0.071
0.073
0.077
0.072
0.072
0.068
0.071
and an opportunity for public comment.
EPA has determined that there is good
cause for making this final agency
action without prior proposal and
opportunity for comment because our
action to determine whether these areas
have attained the NAAQS by the
attainment date is governed, per CAA
section 181(b)(2)(A), solely by area
design values as of that date. The area
design values relied upon in this
determination are calculations based on
the certified air quality monitoring data
governed by EPA’s regulations and
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involve no judgment or discretion.
Thus, notice and public procedures are
unnecessary to take this action. EPA
finds that this constitutes good cause
under 5 U.S.C. 553(b)(B).
VII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review, and Executive
Order 14094: Modernizing Regulatory
Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive Order
14094 (88 FR 21879, April 11, 2023).
B. Paperwork Reduction Act (PRA)
This rule does not impose an
information collection burden under the
provisions of the PRA of 1995 (44 U.S.C.
3501 et seq.). This action does not
contain any information collection
activities and serves only to make final
determinations that the Allegan County,
MI; Berrien County, MI; Chicago, IL–IN–
WI; Cleveland, OH; Milwaukee, WI;
Muskegon County, MI; Sheboygan
County, WI; and Illinois portion of the
St. Louis, MO–IL nonattainment areas
failed to attain the 2015 ozone standards
by the August 3, 2024, attainment date
where such areas will be reclassified as
Serious nonattainment for the 2015
ozone standards by operation of law
upon the effective date of the final
reclassification action.
C. Regulatory Flexibility Act (RFA)
ddrumheller on DSK120RN23PROD with RULES1
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA (5 U.S.C. 601 et seq.).
This action will not impose any
requirements on small entities. The
determination of failure to attain the
2015 ozone standards (and resulting
reclassifications), do not in and of
themselves create any new requirements
beyond what is mandated by the CAA.
This final action would require the State
to adopt and submit SIP revisions to
satisfy CAA requirements and would
not itself directly regulate any small
entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538 and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any State, local or
Tribal governments or the private sector.
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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. The division of
responsibility between the Federal
government and the States for purposes
of implementing the NAAQS is
established under the CAA.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action has Tribal implications.
However, it will neither impose
substantial direct compliance costs on
federally recognized Tribal
governments, nor preempt Tribal law.
EPA has identified one Tribal area
within the nonattainment areas covered
by this rulemaking, that would be
potentially affected by this final action.
Specifically, the boundaries of the
Berrien County, MI area contains the
Pokagon Band of Potawatomi Indians.
EPA has concluded that the final rule
may have Tribal implications for this
Tribe for the purposes of Executive
Order 13175 but would not impose
substantial direct costs upon the Tribe,
nor would it preempt Tribal law. A
Tribe that is part of an area that is
reclassified from Moderate to Serious
nonattainment is not required to submit
a Tribal implementation plan revision to
address new Moderate area
requirements.
However, certain permitting
requirements will change for stationary
sources seeking preconstruction permits
in any nonattainment areas newly
reclassified as Serious, including on
Tribal lands within these nonattainment
areas.
EPA has communicated or intends to
communicate with the potentially
affected Tribe located within the
boundaries of the nonattainment areas
addressed in this final action, including
offering government-to-government
consultation, as appropriate.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying to those regulatory actions that
concern environmental health or safety
risks that 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
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Fmt 4700
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subject to Executive Order 13045
because it does not establish an
environmental standard intended to
mitigate health or safety risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards. Therefore, EPA is
not considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. Executive Order
14096 (Revitalizing Our Nation’s
Commitment to Environmental Justice
for All, 88 FR 25251, April 26, 2023)
builds on and supplements E.O. 12898
and defines EJ as, among other things,
the just treatment and meaningful
involvement of all people, regardless of
income, race, color, national origin,
Tribal affiliation, or disability in agency
decision-making and other Federal
activities that affect human health and
the environment.
EPA did not perform an EJ analysis
and did not consider EJ in this action.
Due to the nature of the action being
taken here, this action is expected to
have a neutral to positive impact on the
air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898/14096
of achieving EJ for communities with EJ
concerns.
K. Congressional Review Act
This rule is exempt from the CRA
because it is a rule of particular
applicability. The rule makes factual
determinations for identified entities
(the Allegan County, MI; Berrien
County, MI; Chicago, IL–IN–WI;
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Cleveland, OH; Milwaukee, WI;
Muskegon County, MI; Sheboygan
County, WI; and Illinois portion of the
St. Louis, MO–IL areas), based on facts
and circumstances specific to those
entities. The determinations of
attainment and failure to attain the 2015
ozone NAAQS do not in themselves
create any new requirements beyond
what is mandated by the CAA.
L. Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 18, 2025. Filing a
petition for reconsideration by the
Administrator of this action does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
this action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
List of Subjects in 40 CFR Part 81
Authority: 42 U.S.C. 7401 et seq.
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 6, 2024.
Debra Shore,
Regional Administrator, Region 5.
2. Section 81.314 is amended in the
table for ‘‘Illinois—2015 8-Hour Ozone
NAAQS [Primary and Secondary]’’ by
revising the entry for ‘‘Chicago, IL-INWI’’ to read as follows:
■
§ 81.314
*
*
Illinois.
*
*
*
For the reasons stated in the preamble
the Environmental Protection Agency
amends title 40 CFR part 81 as follows:
ILLINOIS—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
Date 2
3 7/14/2021
Chicago, IL-IN-WI: ............................................................
Cook County.
DuPage County.
Grundy County (part):
Aux Sable Township and Goose Lake Township.
Kane County.
Kendall County (part):
Oswego Township.
Lake County.
McHenry County.
Will County.
*
*
*
Date 2
Type
Nonattainment ....................
*
Type
1/16/2025
*
Serious.
*
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
3 EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS,
but which remanded the designation for the identified county. Because this additional area is part of a previously designated nonattainment area,
the implementation dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later
designation date.
*
*
*
*
*
3. Section 81.315 is amended in the
table for ‘‘Indiana—2015 8-Hour Ozone
■
NAAQS [Primary and Secondary]’’ by
revising the entry for ‘‘Chicago, IL-INWI’’ to read as follows:
§ 81.315
*
*
Indiana.
*
*
*
INDIANA—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
ddrumheller on DSK120RN23PROD with RULES1
Date 2
Chicago, IL-IN-WI: ............................................................
Lake County (part):
Calumet Township, Hobart Township, North
Township, Ross Township, and St. John
Township.
Porter County (part):
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Date 2
Type
Nonattainment ....................
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1/16/2025
Type
Serious.
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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations
INDIANA—2015 8-HOUR OZONE NAAQS—Continued
[Primary and Secondary]
Designation
Classification
Designated area 1
Date 2
Date 2
Type
Type
Center Township, Jackson Township, Liberty
Township, Pine Township, Portage Township, Union Township, Washington Township, and Westchester Township.
*
*
*
*
*
*
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
3 EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS,
but which remanded the designation for the identified county. Because this additional area is part of a previously designated nonattainment area,
the implementation dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later
designation date.
*
*
*
*
*
4. Section 81.323 is amended in the
table for ‘‘Michigan—2015 8-Hour
Ozone NAAQS [Primary and
■
Secondary]’’ by revising the entries for
‘‘Allegan County, MI’’, ‘‘Berrien County,
MI’’, and ‘‘Muskegon County, MI’’ to
read as follows:
§ 81.323
*
*
Michigan.
*
*
*
MICHIGAN—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
Allegan County, MI
Allegan County (part):
Casco Township, Cheshire Township, City of
Douglas, City of Holland, City of Saugatuck,
Clyde Township, Fillmore Township, Ganges
Township, Heath Township, Laketown Township, Lee Township, Manilus Township,
Overisel Township, Saugatuck Township,
and Valley Township.
Berrien County, MI:
Berrien County.
Date 2
Type
..............................
Nonattainment ....................
1/16/2025
Serious.
..............................
Nonattainment ....................
1/16/2025
Serious.
1/16/2025
*
Serious.
*
*
*
Muskegon County, MI
Muskegon County (part):
Blue Lake Township, City of Montague, City of
Muskegon, City of Muskegon Heights, City of
North Muskegon, City of Roosevelt Park, City
of Whitehall, Dalton Township, (incl. Village
of Lakewood Club), Fruitland Township,
Fruitport Township, (incl. Village of Fruitport),
Laketon Township, Montague Township,
Muskegon Township, Norton Shores Township, White River Township, and Whitehall
Township.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
Date 2
*
Nonattainment ....................
*
*
*
*
Type
*
1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
*
*
*
*
*
5. Section 81.336 is amended in the
table for ‘‘Ohio—2015 8-Hour Ozone
■
VerDate Sep<11>2014
17:03 Dec 16, 2024
Jkt 265001
NAAQS [Primary and Secondary]’’ by
revising the entry for ‘‘Cleveland, OH’’
to read as follows:
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§ 81.336
*
E:\FR\FM\17DER1.SGM
*
Ohio.
*
17DER1
*
*
101909
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations
OHIO—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
*
Cleveland, OH
Cuyahoga County.
Geauga County.
Lake County.
Lorain County.
Medina County.
Portage County.
Summit County.
*
*
*
*
Date 2
Type
*
..............................
*
Nonattainment ....................
*
*
*
*
*
Date 2
Type
1/16/2025
*
Serious.
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
*
*
*
*
*
■ 6. Section 81.350 is amended in the
table for ‘‘Wisconsin—2015 8-Hour
Ozone NAAQS [Primary and
Secondary]’’ by revising the entries for
‘‘Chicago IL-IN-WI’’, ‘‘Milwaukee, WI’’,
and ‘‘Sheboygan County, WI’’ to read as
follows:
§ 81.350
*
*
Wisconsin.
*
*
*
WISCONSIN—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
Date 2
ddrumheller on DSK120RN23PROD with RULES1
Chicago, IL-IN-WI .............................................................
Kenosha County (part):
The portion of Kenosha County bounded by the
Lake Michigan shoreline on the East, the Kenosha County boundary on the North, the
Kenosha County boundary on the South, and
the I–94 corridor (including the entire corridor) on the West.
*
*
*
Milwaukee, WI ..................................................................
Milwaukee County.
Ozaukee County.
Racine County (part):
Inclusive and east of the following roadways
going from the northern county boundary to
the southern county boundary: Highway 45
to Washington Ave. to South Beaumont Ave.
Washington County (part):
Inclusive and east of the following roadways
going from the northern county boundary to
the southern county boundary: County H to
N Main St/Old US Hwy 45 to WI–60 Trunk E
to WI–164 S.
Waukesha County (part):
Going from the western county boundary to the
southern county boundary: Inclusive and
north of I–94 and inclusive and east of Highway 67.
Sheboygan County, WI ....................................................
Sheboygan County (part):
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Date 2
Type
5 7/14/2021
*
Nonattainment ....................
5 7/14/2021
*
Nonattainment ....................
5 7/14/2021
Nonattainment ....................
Fmt 4700
Sfmt 4700
E:\FR\FM\17DER1.SGM
17DER1
Type
1/16/2025
Serious.
1/16/2025
*
Serious.
1/16/2025
Serious.
*
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WISCONSIN—2015 8-HOUR OZONE NAAQS—Continued
[Primary and Secondary]
Designation
Classification
Designated area 1
Date 2
Date 2
Type
Type
Inclusive and east of the following roadways
with the boundary starting from north to
south: Union Road which turns into County
Road Y which turns into Highland Drive, to
Lower Road which turns into Monroe Street,
to Broadway/Main Street to Highway 32
which turns into Giddings Avenue to County
Road W to County Road KW.
1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
5 EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS,
but which remanded the designation for the identified county. Because this additional area is part of a previously designated nonattainment area,
the associated implementation dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless
of this later designation date.
*
*
*
*
*
[FR Doc. 2024–29137 Filed 12–16–24; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 81
[EPA–R03–OAR–2023–0419; FRL–11736–
02–R3]
Redesignation of Portions of
Westmoreland and Cambria Counties,
Pennsylvania for the 2010 Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS)
Environmental Protection
Agency (EPA).
AGENCY:
Final rule.
The Environmental Protection
Agency (the EPA or the Agency) is
finalizing the redesignation of portions
of Cambria County and Westmoreland
County, Pennsylvania, to
‘‘nonattainment’’ for the 2010 1-hour
primary sulfur dioxide (SO2) national
ambient air quality standard (NAAQS or
standard). Westmoreland County was
previously designated ‘‘attainment/
unclassifiable,’’ and Cambria County
was designated ‘‘unclassifiable.’’ The
EPA notified the Commonwealth of
Pennsylvania of its intended
redesignation of portions of Cambria
and Westmoreland counties on February
17, 2023, and published a Notice of
Availability (NOA) for this action on
February 12, 2024. The EPA’s
redesignation of portions of these
counties is based on modeled violations
of the 2010 1-hour primary SO2
NAAQS.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:03 Dec 16, 2024
This final rule is effective on
January 16, 2025.
I. Background and Purpose of the EPA’s
Final Action
The EPA has established a
docket for this redesignation under
Docket ID Number EPA–R03–OAR–
2023–0419. All documents in the docket
are listed on the 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 through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
The EPA has established a website for
the designations for the 2010 SO2
NAAQS at www.epa.gov/sulfur-dioxidedesignations/sulfurdioxidedesignations-regulatory-actions. This
final redesignation action, associated
technical support documents, and other
related information will be added to this
website.
The EPA is required by Clean Air Act
(CAA) section 107(d) to designate all
areas throughout the nation as attaining
or not attaining the NAAQS within two
years of the promulgation of any new or
revised NAAQS. Pursuant to CAA
section 107(d), the EPA must designate
as ‘‘nonattainment’’ those areas that
violate the NAAQS and those nearby
areas that contribute to violations. Once
an area has been designated, the EPA
Administrator, under CAA section
107(d)(3), may at any time notify a state
that a designation should be revised.
Under section 109 of the CAA, the
EPA has established primary and
secondary NAAQS for certain pervasive
air pollutants and conducts periodic
reviews of the NAAQS to determine
whether they should be revised or
whether new NAAQS should be
established. The primary NAAQS
represent ambient air quality standards,
the attainment and maintenance of
which the EPA has determined,
including a margin of safety, are
requisite to protect the public health.
The secondary NAAQS represent
ambient air quality standards, the
attainment and maintenance of which
the EPA has determined are requisite to
protect the public welfare from any
known or anticipated adverse effects
associated with the presence of such air
pollutant in the ambient air.
On June 22, 2010 (75 FR 35520), the
EPA finalized the revision of the 1-hour
primary SO2 NAAQS, codified at 40
Code of Federal Regulations (CFR)
50.17, which became effective on
August 23, 2010 (hereafter referred to as
the 2010 SO2 NAAQS). The 2010 SO2
NAAQS is met at an ambient air quality
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
ACTION:
DATES:
Jkt 265001
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–5787. Ms. Schmitt
can also be reached via electronic mail
at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00074
Fmt 4700
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]]>Agencies
[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Rules and Regulations]
[Pages 101901-101910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29137]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R05-OAR-2024-0546; FRL-12410-01-R5]
Findings of Failure To Attain and Reclassification of Areas in
Illinois, Indiana, Michigan, Ohio, and Wisconsin as Serious for the
2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final determination.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is determining that
the Allegan County, MI; Berrien County, MI; Chicago, IL-IN-WI;
Cleveland, OH; Milwaukee, WI; Muskegon County, MI; Sheboygan County,
WI; and Illinois portion of the St. Louis, MO-IL areas failed to attain
the 2015 ozone National Ambient Air Quality Standards (NAAQS) by the
applicable attainment date. The effect of failing to attain by the
applicable attainment date is that the areas will be reclassified by
operation of law to ``Serious'' nonattainment for the 2015 ozone NAAQS
on January 16, 2025, the effective date of this final rule. This action
fulfills EPA's obligation under the Clean Air Act (CAA) to determine
whether ozone nonattainment areas attained the NAAQS by the attainment
date and to publish a document in the Federal Register identifying each
area that is determined as having failed to attain and identifying the
reclassification.
DATES: This final rule is effective on January 16, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2024-0546. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI), Proprietary Business Information (PBI), 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 through https://www.regulations.gov or at the Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding Federal holidays. We recommend that
you telephone Eric Svingen, Environmental Engineer, at (312) 353-4489
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric Svingen, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Overview of Action
EPA is required to determine whether areas designated nonattainment
for an ozone NAAQS attained the standard by the applicable attainment
date, and to take certain steps for areas that failed to attain (see
CAA section 181(b)(2)). EPA's determination of attainment for the 2015
ozone NAAQS is based on a nonattainment area's design value (DV) as of
the attainment date.\1\
---------------------------------------------------------------------------
\1\ A DV is a statistic used to compare data collected at an
ambient air quality monitoring site to the applicable NAAQS to
determine compliance with the standard. The data handling
conventions for calculating DVs for the 2015 ozone NAAQS are
specified in appendix U to 40 CFR part 50. The DV for the 2015 ozone
NAAQS is the 3-year average of the annual fourth highest daily
maximum 8-hour average ozone concentration. The DV is calculated for
each air quality monitor in an area, and the DV for an area is the
highest DV among the individual monitoring sites located in the
area.
---------------------------------------------------------------------------
The 2015 ozone NAAQS is met at an EPA regulatory monitoring site
when the DV does not exceed 0.070 parts per million (ppm). For the
Moderate nonattainment areas for the 2015 ozone NAAQS addressed in this
action, the attainment date was August 3, 2024. Because the DV is based
on the three most recent, complete calendar years of data, attainment
must occur no later than December 31 of the year prior to the
attainment date (i.e., December 31, 2023, in the case of Moderate
nonattainment areas for the 2015 ozone NAAQS). As such, EPA's
determinations for each area are based upon the complete, quality-
assured, and certified ozone monitoring data from calendar years 2021,
2022, and 2023.
This action addresses eight areas in Illinois, Indiana, Michigan,
Missouri, Ohio, and Wisconsin that were classified as Moderate for the
2015 ozone NAAQS as of the Moderate area attainment date of August 3,
2024. EPA is addressing the remaining areas, including the Missouri
portion of the St. Louis area, in separate actions. Table 1 provides a
summary of the DVs and the EPA's air quality-based determinations
[[Page 101902]]
for the eight Moderate areas addressed in this action.
Table 1--Summary of Nonattainment Areas in Illinois, Indiana, Michigan,
Missouri, Ohio, and Wisconsin Classified as Moderate for the 2015 Ozone
NAAQS
------------------------------------------------------------------------
2021-2023
Nonattainment area design value Attainment by the
(DV) (ppm) attainment date
------------------------------------------------------------------------
Allegan County, MI.......... 0.075 Failed to attain.
Berrien County, MI.......... 0.073 Failed to attain.
Chicago, IL-IN-WI........... 0.077 Failed to attain.
Cleveland, OH............... 0.073 Failed to attain.
Milwaukee, WI............... 0.074 Failed to attain.
Muskegon County, MI......... 0.077 Failed to attain.
Sheboygan County, WI........ 0.077 Failed to attain.
St. Louis, MO-IL............ 0.074 Failed to attain.
------------------------------------------------------------------------
EPA is finding that the eight Moderate areas in Table 1 did not
attain by their attainment dates, because their 2021-2023 DVs are
greater than 0.070 ppm. If EPA determines that a nonattainment area
classified as Moderate failed to attain by the attainment date, CAA
section 181(b)(2)(B) requires EPA to publish a determination in the
Federal Register, no later than 6 months following the attainment date,
identifying each such area and identifying the applicable
reclassification.
Under CAA section 181(b)(2)(A), the effect of this determination is
that these eight areas will be reclassified by operation of law as
Serious on the effective date of this final rule. The reclassified
areas will then be subject to the Serious area requirement to attain
the 2015 ozone NAAQS as expeditiously as practicable, but not later
than August 3, 2027.
Once reclassified as Serious, the relevant States must submit to
EPA the SIP revisions for these areas that satisfy the statutory and
regulatory requirements applicable to Serious areas established in CAA
section 182(c) and in the 2015 Ozone NAAQS SIP Requirements Rule (see
83 FR 62998, December 6, 2018). EPA is establishing deadlines for
submitting SIP revisions for these reclassified areas in a separate
action.
II. What is the background for this action?
On October 26, 2015, EPA issued its final action to revise the
NAAQS for ozone to establish a new 8-hour standard (see 80 FR 65452,
October 26, 2015). In that action, EPA promulgated identical tighter
primary and secondary ozone standards designed to protect public health
and welfare that specified an 8-hour ozone level of 0.070 ppm.
Specifically, the standards require that the 3-year average of the
annual fourth highest daily maximum 8-hour average ozone concentration
may not exceed 0.070 ppm.
Effective on August 3, 2018, EPA designated 52 areas throughout the
country as nonattainment for the 2015 ozone NAAQS (see 83 FR 25776,
June 4, 2018). In a separate action, EPA assigned classification
thresholds and attainment dates based on the severity of an area's
ozone problem, determined by the area's DV (see 83 FR 10376, May 8,
2018). EPA established the attainment date for Marginal, Moderate, and
Serious nonattainment areas as 3 years, 6 years, and 9 years,
respectively, from the effective date of the final designations. Thus,
the attainment date for Marginal nonattainment areas for the 2015 ozone
NAAQS was August 3, 2021, the attainment date for Moderate areas was
August 3, 2024, and the attainment date for Serious areas is August 3,
2027. On October 7, 2022 (87 FR 60897), EPA determined that 22 areas,
including the eight areas addressed in this action, did not attain the
standards by the Marginal attainment date, and these areas were
reclassified as Moderate by operation of law.
III. What is the statutory authority for this action?
The statutory authority for these determinations is provided by the
CAA, as amended (42 U.S.C. 7401 et seq.). Relevant portions of the CAA
include, but are not necessarily limited to, sections 181 and 182.
CAA section 107(d) provides that when the EPA establishes or
revises a NAAQS, the agency must designate areas of the country as
nonattainment, attainment, or unclassifiable based on whether an area
is not meeting (or is contributing to air quality in a nearby area that
is not meeting) the NAAQS, meeting the NAAQS, or cannot be classified
as meeting or not meeting the NAAQS, respectively. Subpart 2 of part D
of title I of the CAA governs the classification, State planning, and
emissions control requirements for any areas designated as
nonattainment for a revised primary ozone NAAQS. In particular, CAA
section 181(a)(1) requires each area designated as nonattainment for a
revised ozone NAAQS to be classified at the same time as the area is
designated based on the extent of the ozone problem in the area (as
determined based on the area's DV). Classifications for ozone
nonattainment areas are ``Marginal,'' ``Moderate,'' ``Serious,''
``Severe,'' and ``Extreme,'' in order of stringency. CAA section 182
provides the specific attainment planning and additional requirements
that apply to each ozone nonattainment area based on its
classification.
Section 181(b)(2)(A) of the CAA requires that within 6 months
following the applicable attainment date, EPA shall determine whether
an ozone nonattainment area attained the ozone standard based on the
area's DV as of that date. Under CAA section 181(a)(5) as interpreted
by EPA in 40 CFR 51.1307, upon application by any State, EPA may grant
a 1-year extension to the attainment date when certain criteria are
met. One criterion for a first attainment date extension is that an
area's fourth highest daily maximum 8-hour value for the attainment
year must not exceed the level of the standard.
In the event an area fails to attain the ozone NAAQS by the
applicable attainment date and is not granted a 1-year attainment date
extension, CAA section 181(b)(2)(A) requires the EPA to make the
determination that an ozone nonattainment area failed to attain the
ozone standard by the applicable attainment date, and requires the area
to be reclassified by operation of law to the
[[Page 101903]]
higher of: (1) The next higher classification for the area, or (2) the
classification applicable to the area's DV as of the determination of
failure to attain.\2\ Section 181(b)(2)(B) of the CAA requires EPA to
publish the determination of failure to attain and accompanying
reclassification in the Federal Register no later than 6 months after
the attainment date, which in the case of the Moderate nonattainment
areas considered in this determination is February 3, 2025.
---------------------------------------------------------------------------
\2\ All nonattainment areas named in this action that failed to
attain by the attainment date would be classified to the next higher
classification, Serious. None of the affected areas has a DV that
would otherwise place an area in a higher classification.
---------------------------------------------------------------------------
Once an area is reclassified, each State that contains a
reclassified area is required to submit certain SIP revisions in
accordance with its more stringent classification. The SIP revisions
are intended to, among other things, demonstrate how the area will
attain the NAAQS as expeditiously as practicable, but no later than
August 3, 2027, the Serious area attainment date for the 2015 ozone
NAAQS. Per CAA section 182(i), a State with a reclassified ozone
nonattainment area must submit the applicable attainment plan
requirements ``according to the schedules prescribed in connection with
such requirements'' in CAA section 182(c) for Serious areas, but EPA
``may adjust applicable deadlines (other than attainment dates) to the
extent such adjustment is necessary or appropriate to assure
consistency among the required submissions.'' EPA is addressing the SIP
revision and implementation deadlines for newly reclassified Serious
areas, as well as the continued applicability of Moderate area
requirements that these areas may not yet have met, in a separate
rulemaking.
IV. How does EPA determine whether an area has attained the standard?
The level of the 2015 ozone NAAQS is 0.070 ppm.\3\ Under EPA
regulations at 40 CFR part 50, appendix U, the 2015 ozone NAAQS is
attained at a site when the 3-year average of the annual fourth highest
daily maximum 8-hour average ambient ozone concentration (i.e., DV)
does not exceed 0.070 ppm. When the DV does not exceed 0.070 ppm at
each ambient air quality monitoring site within the area, the area is
deemed to be attaining the ozone NAAQS. Each area's DV is determined by
the highest DV among monitors with valid DVs.\4\ The data handling
convention in appendix P dictates that concentrations shall be reported
in ``ppm'' to the third decimal place, with additional digits to the
right being truncated. Thus, a computed 3-year average ozone
concentration of 0.071 ppm is greater than 0.070 ppm and would exceed
the standard, but a computed 3-year average ozone concentration of
0.0709 ppm is truncated to 0.070 ppm and attains the 2015 ozone NAAQS.
---------------------------------------------------------------------------
\3\ See 40 CFR 50.19.
\4\ According to appendix U to 40 CFR part 50, ambient
monitoring sites with a DV of 0.070 ppm or less must meet minimum
data completeness requirements in order to be considered valid.
These requirements are met for a 3-year period at a site if daily
maximum 8-hour average ozone concentrations are available for at
least 90% of the days within the ozone monitoring season, on
average, for the 3-year period, with a minimum of at least 75% of
the days within the ozone monitoring season in any one year. Ozone
monitoring seasons are defined for each State in appendix D to 40
CFR part 58. DVs greater than 0.070 ppm are considered to be valid
regardless of the data completeness.
---------------------------------------------------------------------------
EPA's determination of attainment is based upon hourly ozone
concentration data for calendar years 2021, 2022 and 2023 that have
been collected and quality-assured in accordance with 40 CFR part 58
and reported to EPA's Air Quality System (AQS) database.\5\
---------------------------------------------------------------------------
\5\ EPA maintains the AQS, a database that contains ambient air
pollution data collected by EPA, State, local, and tribal air
pollution control agencies. The AQS also contains meteorological
data, descriptive information about each monitoring station
(including its geographic location and its operator) and data
quality assurance/quality control information. The AQS data is used
to (1) assess air quality, (2) assist in attainment/non-attainment
designations, (3) evaluate SIPs for non-attainment areas, (4)
perform modeling for permit review analysis, and (5) prepare reports
for Congress as mandated by the CAA. Access is through the website
at https://www.epa.gov/aqs.
---------------------------------------------------------------------------
State and local monitoring network plans are subject to approval by
EPA on an annual basis and any interim modifications to those plans
must also be approved by EPA.\6\ The annual monitoring network plan
process is provided in 40 CFR 58.10 and the requirements governing
system modifications and monitor discontinuations are laid out in 40
CFR 58.14. Where State or local agencies seek to modify the ambient air
quality monitoring networks by discontinuing a monitor station, EPA may
approve such modifications subject to the criteria established in 40
CFR 58.14(c). EPA may not approve such discontinuation if doing so
would compromise data collection needed for implementation of a NAAQS.
If a monitor has been discontinued subject to 40 CFR 58.14 such that
the discontinuation results in insufficient data to calculate a valid
DV according to appendix U to 40 CFR part 50, EPA will determine the
applicable area's attainment status based on the remaining monitors in
the area.
---------------------------------------------------------------------------
\6\ Annual monitoring network plans for each State are available
at https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-network-assessments.
---------------------------------------------------------------------------
V. What is EPA's determination for the areas?
EPA is determining that the eight Moderate nonattainment areas
addressed in this action failed to attain the 2015 ozone NAAQS by the
attainment date of August 3, 2024. The eight areas are: Allegan County,
MI; Berrien County, MI; Chicago, IL-IN-WI; Cleveland, OH; Milwaukee,
WI; Muskegon County, MI; Sheboygan County, WI; and the Illinois portion
of the St. Louis, MO-IL area. As shown in Table 1, at least one monitor
in each of these areas had a 2021-2023 DV greater than 0.070 ppm. EPA
has further determined that these areas did not meet the requirement
under section 181(a)(5)(B) and 40 CFR 51.1307 necessary to grant a 1-
year extension of the attainment date, because at least one monitor in
each area had a 2023 fourth highest daily maximum 8-hour average that
was greater than 0.070 ppm. Table 2 through Table 9 show the annual
fourth highest daily maximum 8-hour average ozone concentration and
2021-2023 DV for each monitor in the eight areas.
[[Page 101904]]
Table 2--2021-2023 Fourth Highest Daily Maximum 8-Hour Average Ozone Concentrations and Design Values at all Monitors in the Allegan County, MI Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fourth highest daily maximum 8-hour average ozone
concentration (ppm) 2021-2023
AQS Site ID County State --------------------------------------------------- design value
2021 2022 2023 (DV) (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
26-005-0003......................... Allegan............... Michigan.............. 0.078 0.073 0.075 0.075
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--2021-2023 Fourth Highest Daily Maximum 8-Hour Average Ozone Concentrations and Design Values at All Monitors in the Berrien County, MI Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fourth highest daily maximum 8-hour average ozone
concentration (ppm) 2021-2023
AQS Site ID County State --------------------------------------------------- design value
2021 2022 2023 (DV) (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
26-021-0014......................... Berrien............... Michigan.............. 0.069 0.074 0.078 0.073
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--2021-2023 Fourth Highest Daily Maximum 8-Hour Average Ozone Concentrations and Design Values at All Monitors in the Chicago, IL-IN-WI Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fourth highest daily maximum 8-hour average
ozone concentration (ppm) 2021-2023
AQS Site ID County State ------------------------------------------------ design value
2021 2022 2023 (DV) (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
17-031-0001.......................... Cook.................... Illinois............... 0.068 0.073 0.082 0.074
17-031-0032.......................... Cook.................... Illinois............... 0.077 0.072 0.083 0.077
17-031-0076.......................... Cook.................... Illinois............... 0.070 0.074 0.080 0.074
17-031-1003.......................... Cook.................... Illinois............... 0.068 0.070 0.073 0.070
17-031-1601.......................... Cook.................... Illinois............... 0.072 0.071 0.081 0.074
17-031-3103.......................... Cook.................... Illinois............... 0.060 0.062 0.081 0.067
17-031-4002.......................... Cook.................... Illinois............... 0.067 0.068 0.080 0.071
17-031-4007.......................... Cook.................... Illinois............... 0.069 0.070 0.083 0.074
17-031-4201.......................... Cook.................... Illinois............... 0.075 0.070 0.086 0.077
17-031-7002.......................... Cook.................... Illinois............... 0.078 0.071 0.081 0.076
17-043-6001.......................... DuPage.................. Illinois............... 0.069 0.068 0.082 0.073
17-089-0005.......................... Kane.................... Illinois............... 0.068 0.070 0.084 0.074
17-097-1007.......................... Lake.................... Illinois............... 0.077 0.070 0.081 0.076
17-111-0001.......................... McHenry................. Illinois............... 0.069 0.070 0.084 0.074
17-197-1011.......................... Will.................... Illinois............... 0.065 0.064 0.080 0.069
18-089-0022.......................... Lake.................... Indiana................ 0.070 0.071 0.076 0.072
18-089-2008.......................... Lake.................... Indiana................ 0.068 0.069 0.075 0.070
18-127-0024.......................... Porter.................. Indiana................ 0.072 0.073 0.077 0.074
18-127-0026.......................... Porter.................. Indiana................ 0.066 0.067 0.072 0.068
55-059-0019.......................... Kenosha................. Wisconsin.............. 0.079 0.070 0.084 0.077
55-059-0025.......................... Kenosha................. Wisconsin.............. 0.072 0.071 0.080 0.074
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5--2021-2023 Fourth Highest Daily Maximum 8-Hour Average Ozone Concentrations and Design Values at All Monitors in the Cleveland, OH Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fourth highest daily maximum 8-hour average
ozone concentration (ppm) 2021-2023
AQS Site ID County State ------------------------------------------------ design value
2021 2022 2023 (DV) (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
39-035-0034.......................... Cuyahoga................ Ohio................... 0.070 0.073 0.071 0.071
39-035-0060.......................... Cuyahoga................ Ohio................... 0.059 0.061 0.065 0.061
39-035-0064.......................... Cuyahoga................ Ohio................... 0.069 0.065 0.075 0.069
39-035-5002.......................... Cuyahoga................ Ohio................... 0.068 0.065 0.073 0.068
39-055-0004.......................... Geauga.................. Ohio................... 0.067 0.064 0.066 0.065
39-085-0003.......................... Lake.................... Ohio................... 0.072 0.076 0.072 0.073
39-085-0007.......................... Lake.................... Ohio................... 0.063 0.062 0.073 0.066
39-093-0018.......................... Lorain.................. Ohio................... 0.059 0.063 0.064 0.062
39-103-0004.......................... Medina.................. Ohio................... 0.065 0.067 0.072 0.068
39-133-1001.......................... Portage................. Ohio................... 0.067 0.071 0.070 0.069
39-153-0026.......................... Summit.................. Ohio................... 0.066 0.069 0.071 0.068
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 101905]]
Table 6--2021-2023 Fourth Highest Daily Maximum 8-Hour Average Ozone Concentrations and Design Values at All Monitors in the Milwaukee, WI Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fourth highest daily maximum 8-hour average
ozone concentration (ppm) 2021-2023
AQS Site ID County State ------------------------------------------------ design value
2021 2022 2023 (DV) (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
55-0790010........................... Milwaukee............... Wisconsin.............. 0.066 0.065 0.068 0.066
55-079-0068.......................... Milwaukee............... Wisconsin.............. 0.071 0.070 0.076 0.072
55-079-0085.......................... Milwaukee............... Wisconsin.............. 0.072 0.074 0.076 0.074
55-089-0008.......................... Ozaukee................. Wisconsin.............. 0.072 0.072 0.077 0.073
55-089-0009.......................... Ozaukee................. Wisconsin.............. 0.073 0.071 0.077 0.073
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7--2021-2023 Fourth Highest Daily Maximum 8-Hour Average Ozone Concentrations and Design Values at All Monitors in the Muskegon County, MI Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fourth highest daily maximum 8-hour average ozone
concentration (ppm) 2021-2023
AQS Site ID County State --------------------------------------------------- design value
2021 2022 2023 (DV) (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
26-121-0039......................... Muskegon.............. Michigan.............. 0.075 0.082 0.075 0.077
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 8--2021-2023 Fourth Highest Daily Maximum 8-Hour Average Ozone Concentrations and Design Values at All Monitors in the Sheboygan County, WI Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fourth highest daily maximum 8-hour average
ozone concentration (ppm) 2021-2023
AQS Site ID County State ------------------------------------------------ design value
2021 2022 2023 (DV) (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
55-117-0006.......................... Sheboygan............... Wisconsin.............. 0.073 0.077 0.082 0.077
55-117-0009.......................... Sheboygan............... Wisconsin.............. 0.066 0.071 0.074 0.070
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 9--2021-2023 Fourth Highest Daily Maximum 8-Hour Average Ozone Concentrations and Design Values at All Monitors in the St. Louis, MO-IL Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fourth highest daily maximum 8-hour average
ozone concentration (ppm) 2021-2023
AQS Site ID County State ------------------------------------------------ design value
2021 2022 2023 (DV) (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
17-119-0120.......................... Madison................. Illinois............... 0.070 0.076 0.078 0.074
17-119-0122.......................... Madison................. Illinois............... 0.070 0.067 0.078 0.071
17-1193007........................... Madison................. Illinois............... 0.070 0.072 0.077 0.073
17-163-0010.......................... St. Clair............... Illinois............... 0.070 0.066 0.067 0.077
29-099-0019.......................... Jefferson............... Missouri............... 0.073 0.067 0.078 0.072
29-183-1002.......................... St. Charles............. Missouri............... 0.067 0.071 0.080 0.072
29-183-1004.......................... St. Charles............. Missouri............... 0.065 0.067 0.073 0.068
29-510-0085.......................... St. Louis City.......... Missouri............... 0.068 0.068 0.077 0.071
--------------------------------------------------------------------------------------------------------------------------------------------------------
VI. What action is EPA taking?
Pursuant to CAA section 181(b)(2), EPA is determining that the
Allegan County, MI; Berrien County, MI; Chicago, IL-IN-WI; Cleveland,
OH; Milwaukee, WI; Muskegon County, MI; Sheboygan County, WI; and
Illinois portion of the St. Louis, MO-IL areas failed to attain the
2015 ozone NAAQS by the applicable attainment date of August 3, 2024.
Therefore, upon the effective date of this final action, these areas
will be reclassified, by operation of law, to Serious for the 2015
ozone NAAQS. Once reclassified as Serious, these areas will be required
to attain the standard ``as expeditiously as practicable'' but no later
than 9 years after the initial designation as nonattainment, which in
this case would be no later than August 3, 2027.
Section 553 of the APA, 5 U.S.C. 553(b)(B), provides that, when an
agency for good cause finds that notice and public procedures are
impracticable, unnecessary or contrary to the public interest, the
agency may issue a rule without providing notice and an opportunity for
public comment. EPA has determined that there is good cause for making
this final agency action without prior proposal and opportunity for
comment because our action to determine whether these areas have
attained the NAAQS by the attainment date is governed, per CAA section
181(b)(2)(A), solely by area design values as of that date. The area
design values relied upon in this determination are calculations based
on the certified air quality monitoring data governed by EPA's
regulations and
[[Page 101906]]
involve no judgment or discretion. Thus, notice and public procedures
are unnecessary to take this action. EPA finds that this constitutes
good cause under 5 U.S.C. 553(b)(B).
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 14094: Modernizing Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Order 14094 (88 FR
21879, April 11, 2023).
B. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the PRA of 1995 (44 U.S.C. 3501 et seq.). This action
does not contain any information collection activities and serves only
to make final determinations that the Allegan County, MI; Berrien
County, MI; Chicago, IL-IN-WI; Cleveland, OH; Milwaukee, WI; Muskegon
County, MI; Sheboygan County, WI; and Illinois portion of the St.
Louis, MO-IL nonattainment areas failed to attain the 2015 ozone
standards by the August 3, 2024, attainment date where such areas will
be reclassified as Serious nonattainment for the 2015 ozone standards
by operation of law upon the effective date of the final
reclassification action.
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 (5
U.S.C. 601 et seq.). This action will not impose any requirements on
small entities. The determination of failure to attain the 2015 ozone
standards (and resulting reclassifications), do not in and of
themselves create any new requirements beyond what is mandated by the
CAA. This final action would require the State to adopt and submit SIP
revisions to satisfy CAA requirements and would not itself directly
regulate any small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. 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 relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. The
division of responsibility between the Federal government and the
States for purposes of implementing the NAAQS is established under the
CAA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action has Tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
Tribal governments, nor preempt Tribal law.
EPA has identified one Tribal area within the nonattainment areas
covered by this rulemaking, that would be potentially affected by this
final action. Specifically, the boundaries of the Berrien County, MI
area contains the Pokagon Band of Potawatomi Indians.
EPA has concluded that the final rule may have Tribal implications
for this Tribe for the purposes of Executive Order 13175 but would not
impose substantial direct costs upon the Tribe, nor would it preempt
Tribal law. A Tribe that is part of an area that is reclassified from
Moderate to Serious nonattainment is not required to submit a Tribal
implementation plan revision to address new Moderate area requirements.
However, certain permitting requirements will change for stationary
sources seeking preconstruction permits in any nonattainment areas
newly reclassified as Serious, including on Tribal lands within these
nonattainment areas.
EPA has communicated or intends to communicate with the potentially
affected Tribe located within the boundaries of the nonattainment areas
addressed in this final action, including offering government-to-
government consultation, as appropriate.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern environmental
health or safety risks that 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
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements E.O. 12898 and defines EJ as, among other things, the
just treatment and meaningful involvement of all people, regardless of
income, race, color, national origin, Tribal affiliation, or disability
in agency decision-making and other Federal activities that affect
human health and the environment.
EPA did not perform an EJ analysis and did not consider EJ in this
action. Due to the nature of the action being taken here, this action
is expected to have a neutral to positive impact on the air quality of
the affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898/14096 of achieving EJ for communities with EJ
concerns.
K. Congressional Review Act
This rule is exempt from the CRA because it is a rule of particular
applicability. The rule makes factual determinations for identified
entities (the Allegan County, MI; Berrien County, MI; Chicago, IL-IN-
WI;
[[Page 101907]]
Cleveland, OH; Milwaukee, WI; Muskegon County, MI; Sheboygan County,
WI; and Illinois portion of the St. Louis, MO-IL areas), based on facts
and circumstances specific to those entities. The determinations of
attainment and failure to attain the 2015 ozone NAAQS do not in
themselves create any new requirements beyond what is mandated by the
CAA.
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 18, 2025. Filing a petition for
reconsideration by the Administrator of this action does not affect the
finality of this action for the purposes of judicial review nor does it
extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of this action. This
action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: December 6, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble the Environmental Protection
Agency amends title 40 CFR part 81 as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.314 is amended in the table for ``Illinois--2015 8-Hour
Ozone NAAQS [Primary and Secondary]'' by revising the entry for
``Chicago, IL-IN-WI'' to read as follows:
Sec. 81.314 Illinois.
* * * * *
Illinois--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Chicago, IL-IN-WI:.............. \3\ 7/14/2021 Nonattainment...... 1/16/2025 Serious.
Cook County.
DuPage County.
Grundy County (part):
Aux Sable Township and
Goose Lake Township.
Kane County.
Kendall County (part):
Oswego Township.
Lake County.
McHenry County.
Will County.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the State has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
\3\ EPA revised the nonattainment boundary in response to a court decision, which did not vacate any
designations for the 2015 ozone NAAQS, but which remanded the designation for the identified county. Because
this additional area is part of a previously designated nonattainment area, the implementation dates for the
overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this
later designation date.
* * * * *
0
3. Section 81.315 is amended in the table for ``Indiana--2015 8-Hour
Ozone NAAQS [Primary and Secondary]'' by revising the entry for
``Chicago, IL-IN-WI'' to read as follows:
Sec. 81.315 Indiana.
* * * * *
Indiana--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Chicago, IL-IN-WI:.............. \3\ 7/14/2021 Nonattainment...... 1/16/2025 Serious.
Lake County (part):
Calumet Township, Hobart
Township, North
Township, Ross
Township, and St. John
Township.
Porter County (part):
[[Page 101908]]
Center Township, Jackson
Township, Liberty
Township, Pine
Township, Portage
Township, Union
Township, Washington
Township, and
Westchester Township.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
\3\ EPA revised the nonattainment boundary in response to a court decision, which did not vacate any
designations for the 2015 ozone NAAQS, but which remanded the designation for the identified county. Because
this additional area is part of a previously designated nonattainment area, the implementation dates for the
overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this
later designation date.
* * * * *
0
4. Section 81.323 is amended in the table for ``Michigan--2015 8-Hour
Ozone NAAQS [Primary and Secondary]'' by revising the entries for
``Allegan County, MI'', ``Berrien County, MI'', and ``Muskegon County,
MI'' to read as follows:
Sec. 81.323 Michigan.
* * * * *
Michigan--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ ----------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Allegan County, MI ................. Nonattainment.... 1/16/2025 Serious.
Allegan County (part):
Casco Township, Cheshire
Township, City of Douglas,
City of Holland, City of
Saugatuck, Clyde Township,
Fillmore Township, Ganges
Township, Heath Township,
Laketown Township, Lee
Township, Manilus
Township, Overisel
Township, Saugatuck
Township, and Valley
Township.
Berrien County, MI: ................. Nonattainment.... 1/16/2025 Serious.
Berrien County.
* * * * * * *
Muskegon County, MI ................. Nonattainment.... 1/16/2025 Serious.
Muskegon County (part):
Blue Lake Township, City of
Montague, City of
Muskegon, City of Muskegon
Heights, City of North
Muskegon, City of
Roosevelt Park, City of
Whitehall, Dalton
Township, (incl. Village
of Lakewood Club),
Fruitland Township,
Fruitport Township, (incl.
Village of Fruitport),
Laketon Township, Montague
Township, Muskegon
Township, Norton Shores
Township, White River
Township, and Whitehall
Township.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the State has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
* * * * *
0
5. Section 81.336 is amended in the table for ``Ohio--2015 8-Hour Ozone
NAAQS [Primary and Secondary]'' by revising the entry for ``Cleveland,
OH'' to read as follows:
Sec. 81.336 Ohio.
* * * * *
[[Page 101909]]
Ohio--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ ----------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Cleveland, OH ................. Nonattainment.... 1/16/2025 Serious.
Cuyahoga County.
Geauga County.
Lake County.
Lorain County.
Medina County.
Portage County.
Summit County.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the State has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
* * * * *
0
6. Section 81.350 is amended in the table for ``Wisconsin--2015 8-Hour
Ozone NAAQS [Primary and Secondary]'' by revising the entries for
``Chicago IL-IN-WI'', ``Milwaukee, WI'', and ``Sheboygan County, WI''
to read as follows:
Sec. 81.350 Wisconsin.
* * * * *
Wisconsin--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Chicago, IL-IN-WI............... \5\ 7/14/2021 Nonattainment...... 1/16/2025 Serious.
Kenosha County (part):
The portion of Kenosha
County bounded by the
Lake Michigan shoreline
on the East, the
Kenosha County boundary
on the North, the
Kenosha County boundary
on the South, and the I-
94 corridor (including
the entire corridor) on
the West.
* * * * * * *
Milwaukee, WI................... \5\ 7/14/2021 Nonattainment...... 1/16/2025 Serious.
Milwaukee County.
Ozaukee County.
Racine County (part):
Inclusive and east of
the following roadways
going from the northern
county boundary to the
southern county
boundary: Highway 45 to
Washington Ave. to
South Beaumont Ave.
Washington County (part):
Inclusive and east of
the following roadways
going from the northern
county boundary to the
southern county
boundary: County H to N
Main St/Old US Hwy 45
to WI-60 Trunk E to WI-
164 S.
Waukesha County (part):
Going from the western
county boundary to the
southern county
boundary: Inclusive and
north of I-94 and
inclusive and east of
Highway 67.
Sheboygan County, WI............ \5\ 7/14/2021 Nonattainment...... 1/16/2025 Serious.
Sheboygan County (part):
[[Page 101910]]
Inclusive and east of
the following roadways
with the boundary
starting from north to
south: Union Road which
turns into County Road
Y which turns into
Highland Drive, to
Lower Road which turns
into Monroe Street, to
Broadway/Main Street to
Highway 32 which turns
into Giddings Avenue to
County Road W to County
Road KW.
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the State has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
\5\ EPA revised the nonattainment boundary in response to a court decision, which did not vacate any
designations for the 2015 ozone NAAQS, but which remanded the designation for the identified county. Because
this additional area is part of a previously designated nonattainment area, the associated implementation
dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged
regardless of this later designation date.
* * * * *
[FR Doc. 2024-29137 Filed 12-16-24; 8:45 am]
BILLING CODE 6560-50-P
