```

[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Proposed Rules]
[Pages 51992-52002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21196]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2015-0468; FRL-9933-06-OAR]

Determinations of Attainment by the Attainment Date, Extensions 
of the Attainment Date, and Reclassification of Several Areas 
Classified as Marginal for the 2008 Ozone National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing three 
separate and independent determinations related to the 36 areas that 
are currently classified as ``Marginal'' for the 2008 ozone National 
Ambient Air Quality Standards (NAAQS). First, the EPA is proposing to 
determine that 17 areas attained the 2008 ozone NAAQS by the applicable 
attainment date of July 20, 2015, based on complete, quality-assured 
and certified ozone monitoring data for 2012-2014. Second, the EPA is 
proposing to grant 1-year attainment date extensions for eight areas on 
the basis that the requirements for such extensions under the Clean Air 
Act (CAA or Act) have been met. Third, the EPA is proposing to 
determine that 11 areas failed to attain the 2008 ozone NAAQS by the 
applicable attainment date of July 20, 2015, and that they are not 
eligible for an extension, and to reclassify these areas as 
``Moderate'' for the 2008 ozone NAAQS. Once reclassified as Moderate, 
states must submit State Implementation Plan (SIP) revisions that meet 
the statutory and regulatory requirements that apply to 2008 ozone 
NAAQS nonattainment areas classified as Moderate. In this action, the 
EPA is proposing and taking comment on two options for the deadline by 
which states would need to submit to the EPA for review and approval 
the SIP revisions required for Moderate areas once their areas are 
reclassified.

DATES: Comments. Comments must be received on or before September 28, 
2015. Public Hearings. If anyone contacts us requesting a public 
hearing on or before September 11, 2015, we will hold a public hearing. 
Please refer to SUPPLEMENTARY INFORMATION for additional information on 
the comment period and the public hearing.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-OAR-
2015-0468, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. If you need to include CBI as part of your 
comment, please visit http://www.epa.gov/dockets/comments.html for 
instructions. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. For additional submission methods, the full EPA public comment 
policy, and general guidance on making effective comments, please visit 
http://www.epa.gov/dockets/comments.html.

FOR FURTHER INFORMATION CONTACT: Mr. Cecil (Butch) Stackhouse, Office 
of Air Quality Planning and Standards, Air Quality Policy Division, 
Mail Code C539-01, Research Triangle Park, NC 27711, telephone (919) 
541-5208; fax number: (919) 541-5315; email address: 
stackhouse.butch@epa.gov.

[[Page 51993]]

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this action include states 
(typically state air pollution control agencies), the District of 
Columbia and, in some cases, tribal governments. In particular, 26 
states \1\ with areas designated nonattainment and classified as 
``Marginal'' for the 2008 ozone NAAQS and the District of Columbia are 
affected by this action. Entities potentially affected indirectly by 
this proposal include owners and operators of sources of volatile 
organic compounds (VOC) and nitrogen oxides (NOX) emissions 
that contribute to ground-level ozone formation within the subject 
ozone nonattainment areas.
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    \1\ AR, AZ, CA, CO, CT, DE, GA, IL, IN, KY, LA, MA, MD, MO, MS, 
NC, NJ, NY, OH, PA, SC, TN, TX, VA, WI and WY.
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B. What should I consider as I prepare my comments for the EPA?

    1. Submitting CBI. Do not submit this information to the EPA 
through http://www.regulations.gov or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information in 
a disk or CD-ROM that you mail to the EPA, mark the outside of the disk 
or CD-ROM as CBI and then identify electronically within the disk or 
CD-ROM the specific information that is claimed as CBI. In addition to 
one complete version of the comment that includes information claimed 
as CBI, a copy of the comment that does not contain the information 
claimed to be CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

C. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this document will be posted at http://www.epa.gov/airquality/ozonepollution/actions.html#impl.

D. What information should I know about a possible public hearing?

    To request a public hearing or information pertaining to a public 
hearing on this document, contact Ms. Pamela Long at (919) 541-0641 
before 5 p.m. on September 11, 2015. If requested, further details 
concerning a public hearing for this proposed rule will be published in 
a separate Federal Register document. For updates and additional 
information on a public hearing, please check the EPA's Web site for 
this rulemaking at http://www.epa.gov/airquality/ozonepollution/actions.html#impl.

E. How is this preamble organized?

    The information presented in this preamble is organized as follows.

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for EPA?
    C. Where can I get a copy of this document and other related 
information?
    D. What information should I know about a possible public 
hearing?
    E. How is this preamble organized?
II. Overview and Basis of Proposal
    A. Overview of Proposal
    B. What is the background for the proposed actions?
    C. What is the statutory authority for the proposed actions?
    D. How does the EPA determine whether an area has attained the 
2008 ozone standard?
III. What is the EPA proposing and what is the rationale?
    A. Determination of Attainment
    B. Extension of Marginal Area Attainment Dates
    C. Determinations of Failure To Attain and Reclassification
    D. Moderate Area SIP Revision Submission Deadline
    E. Summary of Proposed Actions
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

II. Overview and Basis of Proposal

A. Overview of Proposal

    CAA section 181(b)(2) requires the EPA Administrator to determine, 
based on an area's design value (which represents air quality in the 
area for the most recent 3 year period) \2\ as of an area's attainment 
deadline, whether an ozone nonattainment area attained the ozone 
standard by that date. The statute provides a mechanism by which states 
that meet certain criteria may request and be granted by the EPA 
Administrator a 1-year extension of an area's attainment deadline. The 
CAA also requires that areas that have not attained the standard by 
their attainment deadlines be reclassified to either the next 
``highest'' classification (e.g., Marginal to Moderate, Moderate to 
Serious, etc.) or to the classifications applicable to the areas' 
design values in Table 1 of 40 CFR 51.1103. In this document, the EPA 
proposes to find that 17 Marginal areas attained the 2008 NAAQS by the 
applicable deadline of July 20, 2015, based on complete, quality-
assured and certified ozone monitoring data for 2012-2014.\3\ The EPA 
also proposes to find that 8 Marginal areas meet the criteria, as 
provided in CAA section 181(a)(5) and interpreted by regulation at 40 
CFR 51.1107, to qualify for a 1-year attainment date extension for the 
2008 ozone NAAQS. Finally, the EPA proposes to find that 11 Marginal 
areas

[[Page 51994]]

failed to attain the 2008 ozone NAAQS by the applicable Marginal 
attainment deadline of July 20, 2015, and do not qualify for a 1-year 
extension. Accordingly, as required by CAA section 181(b)(2)(A), if the 
EPA finalizes the determinations that these areas failed to attain, the 
EPA must reclassify those 11 Marginal areas to Moderate. The 
reclassified areas must attain the 2008 ozone NAAQS as expeditiously as 
practicable, but no later than July 20, 2018. Table 1 provides a 
summary of the EPA's proposed actions that would apply to these 36 
Marginal areas.
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    \2\ An area's design value for the 8-hour ozone NAAQS is the 
highest 3-year average of the annual fourth highest daily maximum 8-
hour average ozone concentration of all monitors in the area. See 40 
CFR part 50, appendix P.
    \3\ These proposed determinations of attainment do not 
constitute a redesignation to attainment. Redesignations require 
states to meet a number of additional criteria, including EPA 
approval of a state plan to maintain the air quality standard for 10 
years after redesignation.
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    The EPA is proposing in this document to apply the discretion 
granted to the Administrator in the statute to adjust the statutory 
deadlines for submitting required SIP revisions for reclassified 
Moderate ozone nonattainment areas in order to align the SIP due dates 
with the regulatory deadline for implementing reasonably available 
control measures (RACM), including reasonably available control 
technology (RACT), in such areas as necessary to attain the 2008 ozone 
standard by the Moderate area attainment deadline of July 20, 2018.

                    Table 1--2008 Ozone NAAQS Marginal Nonattainment Area Evaluation Summary
----------------------------------------------------------------------------------------------------------------
                                                                                            Areas not attaining
                                                                                            2008 NAAQS eligible
                                       2012-2014     Meets 2008 NAAQS by      2014 4th      for attainment date
   2008 NAAQS Nonattainment area     Design value    marginal attainment    Highest daily   extensions based on
                                         (ppm)               date           maximum 8-hr      2014 4th highest
                                                                            average (ppm)    daily maximum 8-hr
                                                                                            average http://www.epa.gov/air/urbanair/sipstatus/policy.html.
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    There are a number of significant emission reduction programs that 
will lead to reductions of ozone precursors, and that are in place 
today or are expected to be in place by 2017 to meet the July 20, 2018 
attainment date for the 2008 ozone NAAQS Moderate areas. Examples of 
such rules include state

[[Page 51998]]

and federal implementation plans adopted under the Cross-State Air 
Pollution Rule (CSAPR), the regional haze rule and the Best Available 
Retrofit Technology (BART) requirements, as well as regulations 
controlling on-road and non-road engines and fuels, Tier 3 motor 
vehicle emission and fuel standards program,\13\ hazardous air 
pollutant rules for utility and industrial boilers, and various other 
programs already adopted by states to reduce emissions from key 
emissions sources. Further, states and the EPA are currently evaluating 
interstate transport obligations addressing CAA 110(a)(2)(D)(i)(I) 
requirements for this NAAQS, and the state or federal plans that are 
adopted to satisfy these obligations will provide a level of additional 
emission reductions from upwind states that will further assist each 
nonattainment area in attaining the ozone NAAQS by the Moderate 
attainment area deadline.
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    \13\ 79 FR 23414 (April 29, 2014). Control of Air Pollution From 
Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards.

   Table 4--Marginal Nonattainment Areas That Will Be Reclassified as
  Moderate Because They Did Not Attain the 2008 Ozone NAAQS by the July
                        20, 2015, Attainment Date
------------------------------------------------------------------------
                                                             2014 4th
                                             2012-2014     highest daily
   2008 Ozone NAAQS nonattainment area     Design value    maximum 8-hr
                                               (ppm)      average  (ppm)
------------------------------------------------------------------------
Atlanta, GA.............................           0.077           0.079
Chicago-Naperville, IL-IN-WI............           0.081           0.076
Denver-Boulder-Greeley-Fort Collins-               0.082           0.077
 Loveland, CO...........................
Greater Connecticut, CT.................           0.080           0.077
Imperial County, CA.....................           0.080           0.078
Kern County (Eastern Kern), CA..........           0.084           0.089
Mariposa County, CA.....................           0.078           0.077
Nevada County (Western part), CA........           0.079           0.082
New York-N. New Jersey-Long Island, NY-            0.085           0.081
 NJ-CT..................................
Phoenix-Mesa, AZ........................           0.080           0.080
San Diego County, CA....................           0.079           0.079
------------------------------------------------------------------------

D. Moderate Area SIP Revision Submission Deadline

    For each new Moderate ozone nonattainment area, the states 
responsible for managing air quality in the 11 areas identified in 
Table 4 will be required to submit a revised SIP that addresses the 
CAA's Moderate nonattainment area requirements, as interpreted and 
described in the final SIP Requirements Rule for the 2008 ozone NAAQS. 
See 40 CFR 51.1100 et seq. Those requirements include: (1) an 
attainment demonstration (CAA section 182(b) and 40 CFR 51.1108); (2) 
provisions for RACT (CAA section 182(b)(2) and 40 CFR 51.1112(a)-(b)) 
and RACM (CAA section 172(c)(1) and 40 CFR 51.1112(c)); (3) reasonable 
further progress (RFP) reductions in VOC and/or NOX 
emissions in the area (CAA sections 172(c)(2) and 182(b)(1) and 40 CFR 
51.1110); (4) contingency measures to be implemented in the event of 
failure to meet a milestone or to attain the standard (CAA section 
172(c)(9)); (5) a vehicle inspection and maintenance program, if 
applicable (CAA section 181(b)(4) and 40 CFR 51.350); and, (6) 
NOX and VOC emission offsets at a ratio of 1.15 to 1 for 
major source permits (CAA section 182(b)(5) and 40 CFR 51.165(a)). See 
also the requirements for Moderate ozone nonattainment areas set forth 
in CAA section 182(b) and the general nonattainment plan provisions 
required under CAA section 172(c).\14\
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    \14\ All 11 of the areas reclassified to Moderate except Denver-
Boulder-Greeley-Fort Collins-Loveland, CO have been classified 
Moderate or higher classification for a prior ozone NAAQS.
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    As noted elsewhere in this preamble, when an area is reclassified 
under CAA section 181(b)(2), CAA section 182(i) directs that the state 
shall meet the new requirements according to the schedules prescribed 
in those requirements. It provides, however, ``that the Administrator 
may adjust any applicable deadlines (other than attainment dates) to 
the extent such adjustment is necessary or appropriate to assure 
consistency among the required submissions.'' CAA section 182(b), as 
interpreted by 40 CFR 51.1100 et seq., describes the required SIP 
revisions and associated deadlines for a nonattainment area classified 
as Moderate at the time of the initial designations. However, these SIP 
submission deadlines (e.g., 3 years after the effective date of 
designation for submission of an attainment plan and attainment 
demonstration) have already passed. Accordingly, the EPA is proposing 
to exercise its discretion under CAA section 182(i) to adjust the SIP 
submittal deadlines for these 11 new Moderate nonattainment areas.
    In determining an appropriate deadline for the Moderate area SIP 
revisions for these 11 areas, the EPA notes that pursuant to 40 CFR 
51.1108(d), for each nonattainment area, the state must provide for 
implementation of all control measures needed for attainment no later 
than the beginning of the attainment year ozone season. The attainment 
year ozone season is the ozone season immediately preceding a 
nonattainment area's attainment date. In the case of nonattainment 
areas classified as Moderate for the 2008 ozone NAAQS, the attainment 
year ozone season is the 2017 ozone season (40 CFR 51.1100(g)). The 
ozone season is the ozone monitoring season as defined in 40 CFR part 
58, appendix D, section 4.1, Table D-3 (October 17, 2006, 71 FR 61236). 
We note that the EPA has proposed changes to the ozone monitoring 
season in its most recent proposal to revise the ozone NAAQS (79 FR 
75234, December 17, 2014). For the purposes of reclassification for the 
11 Marginal nonattainment areas identified in this proposal, Table 5 
provides the starting month of the ozone monitoring season for each 
state with one of the 11 Marginal areas as currently codified in the 
EPA's regulations. Table 5 also includes the December 17, 2014, 
proposed changes, if any, to the beginning of the ozone monitoring 
season in such states. If the proposed changes to the beginning of the 
ozone

[[Page 51999]]

monitoring seasons are included in the final ozone NAAQS revision 
(expected by October 1, 2015), and that rulemaking is finalized before 
the EPA finalizes this action, the revised ozone season dates would 
also apply to our adjusted deadlines for the Moderate area SIP 
revisions for the areas we propose to reclassify in this document. We 
also note that we believe it is reasonable to provide states with a 
period of at least approximately 1 year after the reclassification is 
finalized to develop and submit the Moderate area SIP revisions. This 
provides time necessary for states and local air districts to finish 
their review of available control measures, adopt necessary attainment 
strategies, address other SIP requirements, and complete the public 
notice process necessary to adopt and submit SIP revisions.
    Therefore, the EPA is proposing and taking comment on two options 
for setting the date by which states with jurisdiction for these 11 
reclassified nonattainment areas would be required to submit for EPA 
review and approval SIP revisions to address Moderate area 
requirements. The first option, which is reflected in Table 5 below, 
would require that states submit the required SIP revisions as 
expeditiously as practicable, but no later than the beginning of the 
ozone season in 2017 for each state. This proposed option would align 
the SIP submittal deadline with the deadline for implementing 
applicable controls, which, as noted above, is also no later than the 
beginning of the ozone season in 2017 for each area. This option would 
give 9 states additional time that may be needed to accomplish 
planning, administrative and SIP revision processes. This option would 
treat states consistently in that they would need to have submitted SIP 
revisions by the beginning of their respective ozone seasons, but it 
would result in SIP submittal dates that vary among the states. In 
addition, as noted above, if the EPA finalizes the proposed changes to 
the start dates of the ozone season in a number of states, the proposed 
deadlines for SIP revisions in this rulemaking would also change 
accordingly. Under this first option, in multi-state nonattainment 
areas, such as the Chicago-Naperville area, where the three affected 
states do not have the same ozone season start date, the deadline for 
the entire nonattainment area would be the earliest ozone season start 
date for any of the states (e.g., April 1, 2017, for the Chicago area).

  Table 5--Beginning of Ozone Season for States With Areas Identified for Reclassification to Moderate for the
                                                2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                                       Current month or    Proposed deadline   Proposed month or
    2008 Moderate ozone areas            State         date ozone season   for moderate area   date ozone season
                                                          begins \a\         SIP submittal        begins \b\
----------------------------------------------------------------------------------------------------------------
Atlanta, GA.....................  Georgia...........  March.............  1-Mar-17..........  No change.
Chicago-Naperville, IL-IN-WI....  Illinois..........  April.............  1-Apr-17..........  March.
Chicago-Naperville, IL-IN-WI....  Indiana...........  April.............  1-Apr-17..........  March.
Chicago-Naperville, IL-IN-WI....  Wisconsin.........  15-Apr............  15-Apr-17.........  15-Mar.
Denver-Boulder-Greeley-Fort       Colorado..........  March.............  1-Mar-17..........  January.
 Collins-Loveland, CO.
Greater Connecticut, CT.........  Connecticut.......  April.............  1-Apr-17..........  March.
Imperial County, CA.............  California........  January...........  1-Jan-17..........  No change.
Kern County (Eastern Kern), CA..  California........  January...........  1-Jan-17..........  No change.
Mariposa County, CA.............  California........  January...........  1-Jan-17..........  No change.
Nevada County (Western part), CA  California........  January...........  1-Jan-17..........  No change.
New York-N. New Jersey-Long       New Jersey........  April.............  1-Apr-17..........  March.
 Island, NY-NJ-CT.
New York-N. New Jersey-Long       New York..........  April.............  1-Apr-17..........  March.
 Island, NY-NJ-CT.
New York-N. New Jersey-Long       Connecticut.......  April.............  1-Apr-17..........  March.
 Island, NY-NJ-CT.
Phoenix-Mesa, AZ................  Arizona...........  January...........  1-Jan-17..........  No change.
San Diego County, CA............  California........  January...........  1-Jan-17..........  No change.
----------------------------------------------------------------------------------------------------------------
\a\ Table D-3 of Appendix D to Part 58--Ozone Monitoring Season by State. First day of beginning month except
  for WI.
\b\ Beginning of ozone season proposed in the ozone NAAQS revision proposal (79 FR 75234, December 17, 2014).

    Under the second option, the EPA proposes that the deadline for the 
required SIP revisions for areas that would be reclassified under this 
rulemaking would be as expeditiously as practicable, but no later than 
January 1, 2017. By establishing a single specific submittal date, this 
option would establish a consistent deadline for all 11 areas, similar 
to the single uniform SIP submission deadline that would have applied 
to all areas if they had been initially classified as Moderate. A 
uniform deadline of January 1, 2017, is reasonable because it would 
provide all states with approximately 1 year after these 
reclassifications are finalized to develop complete SIP submissions, 
and it is the latest SIP submittal date that would be compatible with 
ensuring controls are in place no later than the start of the 
attainment year ozone season for all of the 11 reclassified areas.
    The EPA solicits comments on both of these proposed options for 
deadlines to submit the required SIP revisions that would apply to 
states after any current Marginal nonattainment area for the 2008 ozone 
NAAQS is reclassified to Moderate.
    With regard to the New York-N. New Jersey-Long Island (NY-NJ-CT) 
nonattainment area, the EPA notes that in addition to the actions 
related to the 2008 ozone standard addressed in this

[[Page 52000]]

proposed rulemaking, on May 15, 2014, the agency proposed to rescind 
the clean data determination (CDD) for that nonattainment area under 
the 1997 8-hour ozone standard because the EPA determined that the area 
was no longer attaining the 1997 ozone NAAQS (79 FR 27830, ``May 2014 
proposal document''). The CDD, issued by the EPA in June 2012, 
suspended the three states' obligations to meet attainment-related 
planning requirements for that standard, including submitting 
attainment demonstrations, RACM, RFP plans, and contingency measures. 
In the May 2014 proposal document, the EPA proposed to find that the 
New Jersey, New York, and Connecticut's SIPs were substantially 
inadequate to demonstrate attainment of the 1997 ozone NAAQS, and the 
agency proposed to issue a SIP Call under the authority of CAA section 
110(k)(5) requiring the states to submit revised SIPs within 18 months 
to demonstrate how the New York-N. New Jersey-Long Island nonattainment 
area would re-attain the 1997 standard as expeditiously as practicable.
    One option proposed by the EPA in the May 2014 proposal document 
would permit the relevant states to respond to the final SIP Call by 
requesting to be reclassified to Moderate for the 2008 ozone standard 
(see CAA section 181(b)(3)), which would consequently require that the 
states submit SIPs demonstrating how they would attain the more 
stringent 2008 standard as expeditiously as practicable. We proposed 
that this alternative response of submitting an attainment plan for the 
2008 ozone standard would satisfy a final SIP Call on the 1997 ozone 
standard because an approvable plan would demonstrate compliance with a 
more stringent NAAQS.
    The public comment period for the May 2014 proposal document closed 
on June 16, 2014, and the EPA is reviewing comments received on the 
proposal. However, given that this action proposes to find that the New 
York-N. New Jersey-Long Island nonattainment area has failed to attain 
the 2008 ozone standard by its Marginal attainment date of July 20, 
2015, and must be reclassified to Moderate by operation of law in 
accordance with CAA section 181(b)(2)(A), this proposed action would 
effectively eliminate the need for the three affected states to request 
reclassification for the area under the option described in the May 
2014 proposal document. Although we are not taking final action in this 
document on the proposed CDD rescission and SIP Call (79 FR 27830), the 
actions which may occur pursuant to this proposal (i.e., a final 
finding of failure to attain the 2008 standard by the applicable 
attainment date, reclassification of the area as Moderate, and a state 
submittal of a Moderate area attainment demonstration) would, thus, 
also serve to satisfy a final SIP Call under CAA section 110(k)(5). We 
also note that either of the 2008 ozone attainment plan due dates 
proposed in this document would meet the statutory timeframe for the 
SIP revision due subsequent to a SIP Call for the 1997 ozone NAAQS for 
the area.

E. Summary of Proposed Actions

    The actions proposed in this document affect the 36 nonattainment 
areas for the 2008 ozone NAAQS that were initially designated and 
classified Marginal effective July 20, 2012, based on their individual 
design values. The design value of an area is represented by the annual 
fourth-highest daily maximum 8-hour average ozone concentration 
measured at each monitor in the area, averaged over a consecutive 3-
year period. According to CAA section 181(a)(1), as interpreted by EPA 
regulations at 40 CFR 51.1103, nonattainment Marginal areas are 
required to attain the standard ``as expeditiously as practicable'' but 
no later than 3 years after the designation effective date of July 20, 
2012 (i.e., no later than July 20, 2015). CAA section 181(b)(2)(A) 
requires that within six months of the attainment date, which, in the 
case of the Marginal areas that are the subject of this document, was 
July 20, 2015, the EPA must determine, based on the ozone nonattainment 
area's design value as of the attainment date, whether the area 
attained the ozone standard by that date. A Marginal nonattainment area 
has attained the 2008 ozone NAAQS by the attainment date if its design 
value is equal to or less than 0.075 ppm based on data from the period 
2012-2014. If the EPA determines that an area has failed to attain by 
its attainment date, CAA section 181(b)(2) requires that those areas be 
reclassified to the higher of (i) the next highest classification, or 
(ii) the classification that corresponds with the area's design value 
as of the time that the EPA publishes the document identifying the 
areas that have failed to attain by their attainment date. Accordingly, 
the EPA is proposing that the following 11 Marginal nonattainment areas 
failed to attain the 2008 ozone NAAQS by July 20, 2015, and must be 
reclassified as Moderate: Atlanta, GA; Chicago-Naperville, IL-IN-WI; 
Denver-Boulder-Greeley-Fort Collins-Loveland, CO; Greater Connecticut, 
CT; Imperial County, CA; Kern County (Eastern Kern), CA; Mariposa 
County, CA; Nevada County (Western part), CA; New York-N. New Jersey-
Long Island, NY-NJ-CT; Phoenix-Mesa, AZ; and, San Diego County, CA. For 
these 11 areas, the EPA is further proposing that the responsible 
states must submit SIP revisions to fulfill the CAA's Moderate area 
requirements by one of the following two alternative deadlines: Option 
1--as expeditiously as practicable but not later than the start of each 
nonattainment area's 2017 ozone season; Option 2--as expeditiously as 
practicable but not later than January 1, 2017. The EPA is taking 
comment on the determinations of failure to attain and subsequent 
reclassifications of each of these 11 nonattainment areas from Marginal 
to Moderate, and on an appropriate deadline for responsible states to 
submit SIP revisions to fulfill Moderate area requirements for these 
areas.
    Upon application by any state, the Administrator may extend the 
2008 ozone attainment date by 1 year, in accordance with CAA section 
181(a)(5) and 40 CFR 51.1107, provided that the state has complied with 
all requirements and commitments pertaining to the area in the 
applicable implementation plan, and the area's fourth highest daily 
maximum 8-hour average value for the last full year of air quality data 
prior to the July 20, 2015, attainment date (i.e., 2014) is at or below 
0.075 ppm. Based on state requests and a review of 2014 ozone air 
quality data, the EPA is proposing to grant 1-year extensions of the 
attainment date to July 20, 2016 (from July 20, 2015) for the following 
eight Marginal nonattainment areas: Cleveland-Akron-Lorain, OH; 
Houston-Galveston-Brazoria, TX; Philadelphia-Wilmington-Atlantic City, 
PA-NJ-MD-DE; Pittsburgh-Beaver Valley, PA; San Luis Obispo County 
(Eastern part), CA; Sheboygan, WI; St. Louis-St. Charles-Farmington, 
MO-IL; and, Washington, DC-MD-VA. The EPA is taking comment on the 1-
year attainment date extensions for each of these eight areas.
    For the 17 remaining 2008 ozone NAAQS nonattainment areas currently 
classified as Marginal, the EPA is proposing to determine that each 
area has ozone design values for the 2012-14 period at or below 0.075 
ppm, and, thus, each area has attained the NAAQS by the attainment date 
of July 20, 2015. The 17 areas are: Allentown-Bethlehem-Easton, PA; 
Baton Rouge, LA; Calaveras County, CA; Charlotte-Gastonia-Rock Hill, 
NC-SC; Chico (Butte County), CA; Cincinnati, OH-KY-IN; Columbus, OH; 
Dukes County, MA; Jamestown, NY; Knoxville, TN; Lancaster, PA; Memphis, 
TN-MS-AR; Reading, PA; San Francisco

[[Page 52001]]

Bay Area, CA; Seaford, DE; Tuscan Buttes, CA; and, Upper Green River 
Basin, WY. The EPA is taking comment on the determinations of 
attainment by the applicable attainment date for these 17 areas.

IV. Environmental Justice Considerations

    The CAA requires that states with areas designated as nonattainment 
submit to the Administrator the appropriate SIP revisions and implement 
specified control measures by certain dates applicable to the area's 
classification. By requiring additional planning and implementation 
requirements for the 11 nonattainment areas proposed to be reclassified 
from Marginal to Moderate, the part of this action reclassifying the 
areas from Marginal to Moderate will protect all those residing, 
working, attending school, or otherwise present in those areas 
regardless of minority or economic status.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    The information collection activities associated with this proposed 
rule were submitted for approval to the OMB under the PRA as part of 
the information collection assessment for the 2008 ozone NAAQS SIP 
Requirements Rule. The Information Collection Request (ICR) document 
prepared by the EPA has been assigned the EPA ICR number 2347.01. You 
can find a copy of the ICR in the docket for the 2008 ozone NAAQS SIP 
Requirements Rule \15\ (EPA-HQ-OAR-2010-0885), and in the docket for 
this rule (EPA-HQ-OAR-2015-0468). The ICR is briefly summarized here.
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    \15\ 80 FR 12264, March 6, 2015.
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    The EPA issued the 2008 ozone NAAQS SIP Requirements Rule to 
provide states with assistance in interpreting how CAA requirements 
apply to their nonattainment areas when the states develop their SIPs 
for attaining and maintaining the 2008 ozone NAAQS. The intended effect 
of the SIP Requirements Rule--in conjunction with other rules that 
address additional aspects of implementation, such as this proposed 
action--is to provide assistance to states regarding their planning 
obligations such that states may begin SIP development. In preparing 
its analysis of the estimated paperwork burden associated with the SIP 
Requirements Rule and additional rules providing clarity on 
implementation of the 2008 ozone NAAQS, the EPA calculated that burden 
for the 46 areas designated non-attainment under that 
standard.16 17 The estimate in the ICR included the 
assumption that 10 nonattainment areas originally classified as 
Marginal would require reclassification to Moderate after the July 20, 
2015, attainment date for Marginal nonattainment areas. If this 
proposed action is finalized, 11 nonattainment areas originally 
classified as Marginal would be reclassified to Moderate. Therefore, we 
believe that the original estimate in the ICR has fairly quantified the 
information collection activities that will be associated with the 11 
areas we proposed to reclassify in this action. Upon finalization of 
the reclassification to Moderate, the states with jurisdiction over the 
11 areas will be required to prepare an attainment demonstration as 
well as submit SIP revisions for purposes of meeting RFP requirements 
and RACT. The attainment demonstration requirement is codified at 40 
CFR 51.908, which implements CAA subsections 172(c)(1), 182(b)(1)(A) 
and 182(c)(2)(B). The RFP SIP submission requirement is codified at 40 
CFR 51.910, which implements CAA subsections 172(c)(2) and 
182(b)(1)(A), and the RACT SIP submission requirement is codified at 40 
CFR 51.912, which implements CAA subsections 172(c)(1) 
182(b)(2),(c),(d) and (e).
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    \16\ 77 FR 30088, May 21, 2012.
    \17\ 77 FR 34227, June 11, 2012.
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    States should already have information from emission sources, as 
facilities should have provided this information to meet 1-hour and 
1997 8-hour ozone NAAQS SIP requirements, operating permits and/or 
emissions reporting requirements. Such information does not generally 
reveal the details of production processes. But, to the extent it may, 
CBI for the affected facilities is protected. Specifically, submissions 
of emissions and control efficiency information that is confidential, 
proprietary and trade secret is protected from disclosure under the 
requirements of subsections 503(e) and 114(c) of the CAA.
    The annual burden for the information collection associated with 
all 46 nonattainment areas, averaged over the first 3 years of the ICR, 
was estimated to be a total of 120,000 labor hours per year at an 
annual labor cost of $2.4 million (present value) over the 3-year 
period, or approximately $91,000 per state for the 25 state respondents 
and the District of Columbia. The average annual reporting burden is 
690 hours per response, with approximately two responses per state for 
58 state responses.\18\ There are no capital or operating and 
maintenance costs associated with the SIP Requirements Rule's or this 
proposed rule's requirements. Burden is defined at 5 CFR 1320.3(b).
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    \18\ State responses are the number of SIP revisions required 
from the respective states to satisfy their 2008 ozone nonattainment 
requirements. Due to an oversight in the original submitted ICR, the 
estimated number of state responses (58) does not include the one 
required SIP revision for the Mississippi portion of the multi-state 
Memphis nonattainment area.
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    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    The comment period on the agency's need for this information ran 
from June 6, 2013, to August 5, 2013.\19\ No comments were received on 
the accuracy of the provided burden estimates and any suggested methods 
for minimizing respondent burden. The EPA public docket for this rule 
includes the ICR approved in conjunction with the 2008 ozone NAAQS SIP 
Requirements Rule.
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    \19\ 78 FR 34178, June 6, 2013.
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C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. The proposed 
determinations of attainment and failure to attain the 2008 ozone NAAQS 
(and resulting reclassifications), and the proposed determination to 
grant 1-year attainment date extensions do not in and of themselves 
create any new requirements beyond what is mandated by the CAA. 
Instead, this rulemaking only makes factual determinations, and does 
not directly regulate any 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. This action imposes no enforceable duty on any 
state, local or tribal governments or the private sector.

[[Page 52002]]

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. The EPA has identified a 
number of tribal areas implicated in the 36 areas covered by the EPA's 
proposed determinations of attainment and failure to attain the 2008 
ozone NAAQS (and resulting reclassifications), and the proposed 
determination to grant 1-year attainment date extensions. We intend to 
communicate with potentially affected tribes located within the 
boundaries of the nonattainment areas for the 2008 ozone NAAQS as we 
move forward in developing a final rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. The results of this evaluation are contained 
in the section of the preamble titled ``Environmental Justice 
Considerations.''

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: August 19, 2015.
Janet G. McCabe,
Acting Assistant Administrator.
[FR Doc. 2015-21196 Filed 8-26-15; 8:45 am]
 BILLING CODE 6560-50-P
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