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Citation: 80 Fed. Reg. 51992 2015

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### Federal Register/Vol. 80, No. 166/Thursday, August 27, 2015/Proposed Rules

hearings to run on schedule; however, due to on-site schedule fluctuations, actual speaking times may shift slightly.

Because the Denver, CO, and Pittsburgh, PA, hearings are being held atUnited States government facilities, individuals planning to attend these hearings should be prepared to show valid picture identification to the security staffin order to gain access to the meeting room. Please note thatthe REAL ID Act,passed by Congress in 2005, established new requirements for entering federal facilities. Ifyour driver's license isissued by American Samoa, Louisiana, Minnesota, New Hampshire or New York,you must present an additional form of identification to enter the federal building. Acceptable alternative forms ofidentification include: Federal employee badges, passports, enhanced driver's licenses, and military identification cards. Foradditional information for the status ofyour state regarding REAL ID, go to http:// www.dhs.gov/real-id-enforcement-brief. In addition, you will need to obtain a property pass for any personal belongings you bring with you.Upon leaving the buildings, you will be required to return this property pass to the security desk. No large signs will be allowed in the buildings, cameras may onlybe used outside ofthe buildings, and demonstrations will notbe allowed

onfederal property for security reasons.

At all ofthe hearing locations, atttendees willbe asked to go through metal detectors. To help facilitate this process, please be advised thatyou will be asked to remove allitems from all pockets and place them in provided bins for screening; remove laptops, phones, or other electronic devices from their carrying case and place in provided bins for screening; avoid shoes with metal shanks, toe guards, or supports as a part oftheir construction;

remove any metal belts, metal belt buckles, largejewelry, watches; and follow the instructions ofthe guardif identified for secondary screening. Additionally, no weapons (e.g.,pocket knives) or drugs or drug paraphernalia (e.g., marijuana) will be allowed in the buildings. We recommend thatyou arrive 20 minutes in advance ofyour speaking time in Denver, CO, Dallas, TX, and Pittsburgh, PA, to allow time to go through security and to check in with the registration desk.
How can Iget copies ofthisdocument andotherrelated information?

The EPA has established separate dockets for all three ofthe proposed rulemakings (available at http:// www.regulations.gov).For the proposed rulemaking titled, "Source Determination for Certain Emission Units in the Oil and Natural Gas Sector," the Docket ID No. is EPA-HQOAR-2013-0685. For theproposed rulemaking titled, "Oil and Natural Gas Sector: Emission Standards for New and Modified Sources," the Docket ID No.is EPA-HQ-OAR-2010-0505. For the proposed rulemaking titled, "Review of New Sources and Modifications in Indian Country: Federal Implementation Plan for Managing Air Emissions from True Minor Sources Engaged in Oil and Natural Gas Production in Indian Country," the Docket ID No. isEPAHQ-OAR-2014-0606. All three proposed rulemakings are posted at http://www.epa.gov/airqualityl oilandgas/actions.html. Ifyou need assistance in accessing any information related to these rulemakings, please contact Ms. Aimee St. Clair, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, by phone at (919) 541-1063, orby email at StClair.Aimee@epa.gov.

Dated: August 21, 2015. Mary E.Henigin, ActingDirector, Office of AirQualityPlanning andStandards.

[FRDoe. 2015-21255 Filed 8-26-15; 8:45 am]
BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 52 [EPA-HQ-OAR-2015-0468; FRL-9933-06- OAR]

Determinations ofAttainment bythe Attainment Date, Extensions ofthe Attainment Date, and Reclassification of Several Areas Classified as Marginal forthe 2008 Ozone National Ambient AirQuality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.
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 isproposing to determine that 17 areas attained the 2008 ozone NAAQS by the applicable attainment date ofJuly 20, 2015, based

on complete, quality-assured and certified ozone monitoring datafor 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) havebeen met.Third, the EPA isproposing to determine that 11

areas failed to attain the 2008 ozone NAAQS by the applicable attainment date ofJuly 20, 2015, and thatthey 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 meetthe statutory and regulatory requirements that apply to 2008 ozone NAAQS nonattainment

areas classified as Moderate. In this action, theEPA isproposing and taking comment on two options for the deadline bywhich states would need to submitto theEPA for review and approval the SIP revisions required for Moderate areas once their areas are reclassified.
DATES: Comments.Comments mustbe received on orbefore September 28, 2015. PublicHearings.Ifanyone contacts us requesting a public hearing

on orbefore 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-OAR2015-0468, to theFederaleRulemaking 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 toits public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI)

orother information whose disclosure is restricted by statute. Ifyou needto include CBI as part ofyour comment, please visit http://www.epa.gov! dockets/comments.htmlfor 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 ofall points you wish to make. For additional submission methods, the full EPA public comment policy, and general guidance on making effective comments, please visithttp:// www.epa.gov/dockets/comments.html. FOR FURTHER INFORMATION CONTACT: Mr. Cecil (Butch) Stackhouse, Office ofAir 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. 

### 51992Federal Register/Vol. 80, No. 166/Thursday, August 27, 2015/Proposed Rules

SUPPLEMENTARY INFORMATION:
I. General Information
A. Does thisactionapplytome?

Entities potentially affected by this action include states (typically state air pollution control agencies), the District ofColumbia 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 ofvolatile organic compounds (VOC) and nitrogen oxides (NOx) emissions that contribute to ground-level ozone formation within the subject ozone nonattainment areas.
B. WhatshouldIconsiderasIprepare my commentsfortheEPA? 1.SubmittingCB. Do not submit this information to the EPA through http:// www.regulations.govor email. Clearly mark thepart or all ofthe information that you claim tobe CBI. ForCBI information in a disk orCD-ROM that you mail to theEPA, markthe outside ofthe disk or CD-ROM as CBIand then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version ofthe comment that includes information claimed as CBI, a copy ofthe comment that does not contain the information claimed tobe CBI mustbe submitted for inclusion in the public docket. Information so marked will notbe disclosed except in accordance with procedures set forth in 40 CFR part 2.

2. Tips forPreparingYour Comments. When submitting comments, remember to:* Identify the rulemaking by docket number and other identifying information (subjectheading, 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 ofFederal Regulations (CFR) part
or section number.

* Explain why you agree ordisagree; suggest alternatives and substitute language for your requested changes.

* Describe any assumptions and provide any technical information and/

ordata that you used.

* Ifyou estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for itto be reproduced.

1 AR, AZ, CA, CO, CT, DE, GA, IL, IN, KY, LA, MA, MID, MO, MS, NC, NJ, NY, OH, PA, SC, TN, TX, VA, WI and WY. * Provide specific examples to illustrate your concerns, and suggest alternatives. * Explain yourviews as clearly as possible, avoiding the use ofprofanity

or personal threats. * Make sure to submit your comments by the comment period deadline identified.
C. Wherecan Igetacopy ofthis documentandotherrelated information?

In addition tobeing available in the docket, an electronic copy ofthis document will be posted at http:// www.epa.gov/airquality/ozonepollution/ actions.html#impl.
D. What informationshouldIknow aboutapossiblepublichearing?

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'sWeb site for this rulemaking athttp:// www.epa.gov/airquality/ozonepollution/ actions.html#impl.
E.Howis thispreambleorganized?

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 Iprepare my

comments for EPA? C. Where can I get a copy of this document

and other related information? D. What information should Iknow about

a possible public hearing? E. Howis thispreamble organized? II. Overview and Basis ofProposal

A. Overview ofProposal B. What is the background for theproposed

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 theEPA proposing and what is the rationale? A. Determination ofAttainment B. Extension ofMarginal Area Attainment

Dates C. Determinations ofFailure 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 andExecutive 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 FromEnvironmental Health and SafetyRisks 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 ofProposal
A. OverviewofProposal

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 3year period) 2 as ofan 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 ofan area's attainment deadline. The CAA also requires that areas that havenot attained the standard by their attainment deadlines be reclassified to either the next "highest" classification (e.g.,Marginal toModerate, Moderate to Serious, etc.) or to the classifications applicable to the areas' design values in Table 1 of 40 CFR 51.1103. Inthis document, the EPA proposes to findthat 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. 3The EPA also proposes to findthat 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 forthe 2008

ozone NAAQS. Finally, the EPA proposes to find that 11 Marginal areas

2An area's design value forthe 8-hoar ozone NAAQS is the highest 3-year average ofthe annual fourth highest daily maximum 8-hoar average
ozone concentration ofall monitors inthe area. See 40 CFR part50, appendix P.

3These proposed determinations ofattainment do not constitutea redesignation to attainment. Redesignations require states to meet a number of additional criteria, including EPA approval ofa state plan to maintain the air quality standard for 10years after redesignation. 

### 51993

### Federal Register/Vol. 80, No. 166/Thursday, August 27, 2015/Proposed Rules

failed to attain the 2008 ozone NAAQS by the applicable Marginal attainment deadline ofJuly 20, 2015, and do not qualify for a 1-year extension. Accordingly, asrequired by CAA section 181(b)(2)(A), ifthe EPA finalizes the determinations thatthese 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 thanJuly 20, 2018. Table 1provides a summary ofthe EPA's proposed actions that would apply to these 36 Marginal areas.

The EPA is proposing in this document to apply the discretion granted tothe 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 bythe Moderate area attainment deadline ofJuly 20, 2018.

TABLE 

### 1-2008 OZONE NAAQS MARGINAL NONATTAINMENT AREA EVALUATION SUMMARY

2014 4th Areas not attaining 2008 NAAQS 2012-2014 Meets 2008 NAAQS by marginal Highest daily eligible for attainment date exten2008 NAAQS Nonattainment area Design value attainment date maximum 8-hr sions based on 2014 4th highest (ppm) average daily maximum 8-hr average (ppm) <0.075 ppm
Allentown-Bethlehem-Easton, PA 0.070 Attaining

......................................... 0.068 Not applicable. Atlanta, GA

..................................... 0.077 Not Attaining

.................................. 0.079 No. Baton Rouge, LA

............................ 0.072 Attaining

......................................... 0.075 Not applicable. Calaveras County, CA

.................... 0.071 Attaining

......................................... 0.071 Not applicable. Charlotte-Gastonia-Rock Hill, NC- 0.073 Attaining

......................................... 0.068 Not applicable. SC. Chicago-Naperville, IL-IN-WI

.......... 0.081 Not Attaining

.................................. 0.076 No. Chico (Butte County), CA

............... 0.074 Attaining

......................................... 0.074 Not applicable. Cincinnati, OH-KY-IN

...................... 0.075 Attaining

......................................... 0.071 Not applicable. Cleveland-Akron-Lorain, OH

.......... 0.078 Not Attaining

.................................. 0.075 Yes. Columbus, OH

................................ 0.075 Attaining

......................................... 0.070 Not applicable. Denver-Boulder-Greeley-Fort Col- 0.082 Not Attaining

.................................. 0.077 No. lins-Loveland, CO. Dukes County, MA

......................... 0.068 Attaining

......................................... 0.059 Not applicable. Greater Connecticut, CT

................0.080 Not Attaining

.................................. 0.077 No. Houston-Galveston-Brazoria, TX

.... 0.080 Not Attaining

.................................. 0.072 Yes. Imperial County, CA

....................... 0.080 Not Attaining

.................................. 0.078 No. Jamestown, NY

.............................. 0.071 Attaining

......................................... 0.066 Not applicable. Kern County (Eastern Kern), CA

.... 0.084 Not Attaining

.................................. 0.089 No. Knoxville, TN

.................................. 0.067 Attaining

......................................... 0.064 Not applicable. Lancaster, PA

................................. 0.071 Attaining

......................................... 0.066 Not applicable. Mariposa County, CA

..................... 0.078 Not Attaining

.................................. 0.077 No. Memphis, TN-MS-AR

..................... 0.073 Attaining

......................................... 0.067 Not applicable. Nevada County (Western part), CA 0.079 Not Attaining

.................................. 0.082 No. New York, N. New Jersey-Long Is- 0.085 Not Attaining

.................................. 0.081 No. land, NY-NJ-CT. Philadelphia-Wilmington-Atlantic 0.077 Not Attaining

.................................. 0.074 Yes. City, PA-NJ-MD-DE. Phoenix-Mesa, Arizona

.................. 0.080 Not Attaining

.................................. 0.080 No. Pittsburgh-Beaver Valley, PA

......... 0.077 Not Attaining

.................................. 0.071 Yes. Reading, PA

................................... 0.071 Attaining

......................................... 0.068 Not applicable. San Diego County, CA

................... 0.079 Not Attaining

.................................. 0.079 No. San Francisco Bay Area, CA

......... 0.072 Attaining

......................................... 0.076 Not applicable. San Luis Obispo County (Eastern 0.076 Not Attaining

.................................. 0.073 Yes. San Luis Obispo), CA. Seaford, DE

.................................... 0.074 Attaining

......................................... 0.067 Not applicable. Sheboygan, Wisconsin

................... 0.081 Not Attaining

.................................. 0.072 Yes. St. Louis-St. Charles-Farmington, 0.078 Not Attaining

.................................. 0.072 Yes. MO-IL. Tuscan Buttes, CA

......................... 0.075 Attaining

......................................... 0.076 Not applicable. Upper Green River Basin, WY

....... 0.064 Attaining

......................................... 0.065 Not applicable. Washington, DC-MD-VA

................. 0.076 Not Attaining

.................................. 0.069 Yes.

B. Whatis thebackground forthe proposedactions? On March 12, 2008, the EPA issued its final action torevise the NAAQS for

ozone to establish new 8-hour standards (73 FR 16436, March 27, 2008). Inthat action, wepromulgated identical revised primary and secondary ozone standards, designed toprotect public health and welfare, that specified an 8- hour ozone standard of0.075 parts per million (ppm).4 Specifically, the standards require thatthe 3-year average ofthe annual fourth highest daily maximum 8-hour average ozone concentration may not exceed 0.075

4Since the2008 primaryand secondary NAAQS for ozone are identical, for convenience, wereferto both as "the 2008 ozoneNAAQS" or "the 2008

ozone standard." ppm. The 2008 ozone NAAQS retains the same general form and averaging time as the 0.08 ppm NAAQS set in 1997but is set at a level that ismore protective ofpublic health and the environment.

On April 30, 2012 (May 31, 2012), the EPA issued rules designating 46 areas throughout the country as nonattainment for the 2008 ozone 

### 51994Federal Register/Vol. 80, No. 166/Thursday, August 27, 2015/Proposed Rules

NAAQS, effective July 20, 2012 (77 FR 30088, May 21, 2012 and 77 FR 34221, June 11, 2012). In April 30, 2012, action, the EPA established classifications for the designated nonattainment areas, and classified 36 ofthose areas asMarginal. We used primarily certified air quality monitoring data from calendar years 2008-2010 5to designate these areas as nonattainment, and as the basis for their classification (77 FR 30088 and 77 FR 34221). Also in the April 30, 2012, action, theEPA promulgated a Classifications Rule that specified some ofthe requirements for implementing the 2008 ozone NAAQS under the provisions of Subpart 2ofpart D oftitle I ofthe CAA to the newly designated nonattainment areas for the 2008 ozone standard (77 FR 30160, May 21, 2012). CAA Section 181 provides thatthe attainment deadline for ozone nonattainment areas is "as expeditiously as practicable" but no later than the prescribed dates that are provided in Table 1ofthat section. In the 2008 ozone NAAQS Classifications Rule, the EPA translated the "maximum" deadlines in Table 1of Subpart 2for purposes ofthe 2008 standard bymeasuring those deadlines from the effective date ofthe new designations, but extended those deadlines by several months to December 31 ofthe corresponding calendar year (77 FR 30166).

Pursuant to a challenge ofthe EPA's interpretation ofthe attainment deadlines, on December 23, 2014, the D.C. Circuit issued a decision rejecting, among other things, the Classifications Rule's attainment deadlines for the 2008

ozone nonattainment areas, finding that the EPA did not have statutory authority under the CAA to extend those deadlines tothe end ofthe calendar year. NRDCv.EPA, 777 F.3d 456, 464- 69 (D.C. Cir. 2014). Accordingly, as part ofthe final 2008 ozone NAAQS SIP Requirements Rule (80 FR 12264, March 6, 2015), the EPA modified the maximum attainment dates for all nonattainment areas for the 2008 ozone NAAQS, consistent with the court's decision. As relevant here, the SIP Requirements Rule established a maximum deadline for Marginal nonattainment areas of 3years from the effective date ofdesignation, or July 20, 2015, to attain the 2008 ozone NAAQS. See80 FR at 12268; 40 CFR 51.1103.

5In certain cases, states included as partof their designationrecommendations arequest that the EPA consider more up-to-date monitoring data from 2009-2011 in making final designation decisions. The EPA considered the staterequests, and, accordingly, adjusted some ofthe classifications based on the more recent data. C. What isthe statutoryauthority for the proposedactions?

The statutory authority for the actions proposed in this document is provided by the CAA, as amended (42 U.S.C. 7401 etseq.). Relevant portions ofthe CAA include, but are not necessarily limited to, sections 181(a)(5) and 181(b)(2).

By way ofbackground, CAA section 107(d)provides that when the EPA establishes or revises aNAAQS, the agency must designate areas ofthe country as nonattainment, attainment,

or unclassifiable based on whether they

are not meeting (or contributing to air quality in a nearby area thatis not meeting) theNAAQS, meeting the NAAQS, or cannot be classified as meeting or not meeting the NAAQS, respectively. Subpart 2ofpart D oftitle I ofthe CAA governs the classification, state planning and emissions control requirements for any areas designated as nonattainment for arevised 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 severity ofthe

ozone level in the area (as determined based on the area's "design value," which represents air quality in the area for the most recent 3years). Seefootnote 2.Classifications for ozone nonattainment areas range from "Marginal" (for areas with monitored

ozone levels justexceeding the level of the NAAQS) to "Extreme" (for areas with monitored ozone levels well above the levels oftheNAAQS). CAA section 182 stipulates the specific attainment planning and additional requirements that apply to each ozone nonattainment

area based on its classification. CAA section 182, as interpreted by the EPA's implementation regulations at 40 CFR 51.1108-1117, also establishes the timeframes by which air agencies must submit SIP revisions to address the applicable attainment planning elements, and the timeframes by which

ozone nonattainment areas must attain the relevant NAAQS. Section 181(b)(2)(A) ofthe CAA requires that within 6 months following the applicable attainment date, the Administrator will determine whether

an ozone nonattainment area attained the ozone standard based on the area's design value as ofthat date. Section 181(a)(5) ofthe CAA gives the Administrator the discretion to grant a 1-year extension ofthe attainment date specified in CAA section 181(a)upon application by any state if: (i) The state has complied with all requirements and commitments pertaining to the area in the applicable implementation plan; and (ii)no more than one measured exceedance oftheNAAQS for ozone has occurred in the area preceding the extension year.The EPA may grant a second 1-year extension ifthese same criteria are met by the end ofthe first extension year.6

Because CAA section 181(a)(5)(B) was written for an exceedance-based standard, such as the 1-hour ozone NAAQS, the EPA has interpreted through notice-and-comment rulemaking the air quality requirement ofthe extension criteria for purposes of

a concentration-based standard like the 2008 8-hour ozone NAAQS. For purposes ofdetermining an area's eligibility for an attainment date extension for the 2008 ozone NAAQS, the EPA has interpreted the criteria of CAA section 181(a)(5)(B) to mean that

an area's fourth highest daily maximum 8-hourvalue for the attainment year 7is
at or below the level ofthe standard [80 FR 12264, 12292 (March 6, 2015); 40 CFR 51.1107].

In the event an area failsto attain the relevant ozone NAAQS bythe applicable attainment date, CAA section 181(b)(2)(A) requires the Administrator to make the determination that an ozone nonattainment area failed to attain the

ozone standard by the applicable attainment date, and subsequently requires the area to be reclassified by operation oflawto thehigher of (i) the next higher classification for the area, or (ii)the classification applicable to the area's designvalue as determined at the time oftherequired Federal Register document.8 Section 181(b)(2)(B) requires the EPA to publish a document in the Federal Register identifying the reclassification status ofan area that has failed to attain the standard by its attainment date no later than 6 months after the attainment date, which in the

case oftheMarginal nonattainment

areas addressed in this document would be January 20, 2016.

Once an area is reclassified, the EPA must address the schedule bywhich the state isrequired to submit a revised SIP for that area to, among other things, demonstrate howthe area will attain the relevant NAAQS as expeditiously as practicable but no later than the new

6The EPA considers the average of the annual fourth-highest daily maximum 8-hour ozone concentrations for 2 years at each monitoring site in an area.

7See 40 CFR 51.1107(a)(1). 8All of the affected nonattainment areas addressed in this document would be classified to the next highest classification ofModerate. None of the affected areas has a design value that would otherwise place it in a higher classification (e.g., Serious) under CAA section 181(b)(2)(A)(ii). 

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### Federal Register/Vol. 80, No. 166/Thursday, August 27, 2015/Proposed Rules

applicable attainment date under the statute. According to CAA section 182(i), a state with a reclassified ozone nonattainment area must submitthe applicable attainment plan requirements "according to the schedules prescribed in connection with such requirements" in CAA section 182(b) for Moderate areas, section 182(c) for Serious areas, and section 182(d)for Severe areas. However, the Act permits the Administrator to adjust the statutory due dates that would otherwise apply for any SIP revisions required as aresult ofthe reclassification "to the extent that such adjustment is necessary or appropriate to assure consistency among the required submissions."
D.Howdoes theEPA determinewhether

an area hasattainedthe2008 ozone standard?

Under EPA regulations at 40 CFR part 50, appendix P, the 2008 ozone NAAQS is attained at a site when the 3-year average ofthe annual fourthhighest daily maximum 8-hour average ambient air quality ozone concentration is less than or equal to 0.075 ppm. This 3-year average isreferred to asthe design value. When the design value is less than or equal to 0.075 ppm at each ambient air quality monitoring site within the area, thenthe area is deemed to be meeting the NAAQS. The rounding convention under 40 CFR part 50, appendix P, dictates that concentrations shall be reported in ppm to the third decimal place,with additional digits to the rightbeing truncated. Thus, a computed 3-year average ozone concentration of0.076 ppm is greater than 0.075 ppm and, therefore, over the standard.

The EPA's determination of attainment isbased upon data thathave been collected and quality-assured in accordance with 40 CFR part 58 and recorded in the EPA's Air Quality System database (formerly known asthe Aerometric Information Retrieval System). Ambient air quality monitoring datafor the 3-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent ofrequired monitoring days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined according to Appendix P of part 50.
III.What is the EPAproposing and what isthe rationale?

The EPA is issuing thisproposal pursuant to the agency's statutory obligation under CAA section 181(b)(2) to determine whether the 36 Marginal

ozone nonattainment areas have attained the 2008 ozone NAAQS by the applicable attainment date ofJuly 20, 2015. The separate actions being taken in this proposal, as well as the rationale for these actions, are described in the sections below.
A. Determinationsof Attainment The EPA evaluated data from air quality monitors in the 36 Marginal nonattainment areas for the 2008 ozone NAAQS in order to determine the areas' attainment status as ofthe applicable attainment date ofJuly 20, 2015. The data were supplied and quality assured by state and local agencies responsible for monitoring ozone airmonitoring networks. Seventeen ofthe 36 nonattainment areas' monitoring sites with valid data had a design value equal to or less than 0.075 ppm based on the 2012-2014 monitoring period. Thus, the EPA proposes to determine, in accordance with section 181(b)(2)(A) of the CAA and the provisions ofthe SIP Requirements Rule (40 CFR 51.1103), that these 17 areas (listedin Table 2 below) attained the standard by the applicable attainment date forMarginal nonattainment areas for the 2008 ozone NAAQS. The EPA's determination is based upon 3years ofcomplete, qualityassured and certified data. Table 2 displays the 2012-2014 design value for these 17 areas. The fourth high values for each ofthe 3years used to calculate each monitor's 2012-2014 design value

are provided in the technical support document (TSD) in the docket for this action. 9The EPA is soliciting comments

on these proposed determinations of attainment by the applicable attainment date.

TABLE 2-MARGINAL NONATTAINMENT

AREAS THAT ATTAINED THE 2008 OZONE 

### NAAQS BY THE JULY 20, 2015, ATTAINMENT DATE

2008 Ozone NAAQS 201 2-2014 nonattainment area Design value (ppm)

Allentown-Bethlehem-Easton,

PA

..................................... Baton Rouge, LA

.................. Calaveras County, CA

.......... Charlotte-Rock Hill, NCSCa Chico (Butte County), CA

..... Cincinnati, OH-KY-IN

............ Columbus, OH

...................... Dukes County, MA

............... 0.070 0.072 0.071 0.073 0.074 0.075 0.075 0.068

9"TechnicalSupportDocumentRegardingOzone Monitoring Data-Determinations of

Attainment, 1- YearAttainmentDateExtensions,and Reclassifications forMarginal Areasunderthe2008 8-HourOzoneNationalAmbientAir Quality Standard(NAAQS), EPA-HQ-OAR-2015-0468. TABLE 2-MARGINAL NONATTAINMENT AREAS THAT ATTAINED THE 

### 2008 OZONE 

### NAAQS BY THE JULY 20, 

### 2015, ATTAINMENT DATE-Continued

2008 Ozone NAAQS 2012-2014 nonattainment area Design value (ppm)

Jamestown, NY

.................... 0.071 Knoxville, TN b

...................... 0.067 Lancaster, PA

....................... 0.071 Memphis, TN-MS-AR

........... 0.073 Reading, PA

......................... 0.071 San Francisco Bay Area, CA 0.072 Seaford, DE

.......................... 0.074 Tuscan Buttes, CA

............... 0.075 Upper Green River Basin,

WY

.................................... 0.064 aOn July28, 2015, the EPA redesignated to attainment the North Carolina portion of the Charlotte-Rock Hill, NC-SC, nonattainment area for the 2008 8-hour ozone NAAQS, effective August 27, 2015. See 80 FR 44873. Given that this area was still designated non- attainment as of July 20, 2015, the EPA is herein proposing to determine that this area attained the 2008 ozone NAAQS by the applicable attainment date in order to satisfy the agency's obligation under CAA section 181(b)(2)(A) to make determinations of attainment for nonattainment areas within 6 months following an area's applicable attainment date.

bOn July 13, 2015, the EPA redesignated to attainment the Knoxville, TN, nonattainment area for the 2008 8-hour ozone NAAQS, effective August 12, 2015. See 80 FR 39970. Given that this area was still designated nonattainment as of July 20, 2015, the EPA is herein proposing to determine that this area attained the 2008 ozone NAAQS by the applicable attainment date in order to satisfy the agency's obligation under CAA section 181(b)(2)(A) to make determinations of attainment for nonattainment areas within 6 months following an area's applicable attainment date.

B. Extensionof Marginal Area AttainmentDates

Of the 36 Marginal nonattainment

areas for the 2008 ozone NAAQS, there

are eight areas forwhich the EPA is proposing to grant a 1-year attainment date extension based on determinations that these areas have met the requirements for an extension under CAA section 181(a)(5).

Specifically, for each ofthe eight nonattainment areas, the EPA received a letter from a state air agency requesting

a 1-year extension ofthe area's attainment date and certifying that the
state is in compliance with the applicable implementation plan, as required under CAA section 181(a)(5)(A). In their requests, the states certified that they have complied with all requirements and commitments pertaining to their respective nonattainment areas in the applicable implementation plan and that all monitors in the area have a fourth highest daily maximum 8-hour average 

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### Federal Register/Vol. 80, No. 166/Thursday, August 27, 2015/Proposed Rules

of0.075 ppm or less for 2014 (i.e.,the last full year ofair quality dataprior to the July 20, 2015, attainment date). A summary ofthe information inthese letters is provided inthe TSD for this action. The EPA evaluated the information submittedby each state for its nonattainment area(s) and is proposing determinations that each state has met the requirement ofCAA section 181(a)(5)(A) for each applicable area. 1 0 The EPA has also evaluated the certified air quality monitoring data for 2014 and isproposing to determine that each ofthe eight areas listed in Table 3 meets the air quality requirements of CAA section 181(a)(5)(B) andthe EPA's interpretation ofthat statutory provision in 40 CFR 51.1107. As explained in Section II.C ofthis preamble, the EPA has interpreted the air quality criterion in CAA section 181(a)(5)(B) for purposes ofthe 2008 8-hour standard to mean that an eligible area's fourth highest daily maximum 8-hour average in the year preceding the attainment date is equal to orbelow the NAAQS (80 FR 12292). The EPAhas evaluated the data for these eight areas andhas determined that the fourth highest daily maximum 8-hour average for each area in 2014 is equal to orbelow 0.075 ppm. Table 3 provides the fourth highest daily maximum 8-hour averages for 2014 for each ofthe eight Marginal nonattainment areas for which a state has requested an attainment date extension.

Based on the EPA's evaluation and determination that eight Marginal nonattainment areas for the 2008 ozone NAAQS that failed to attain the NAAQS byJuly 20, 2015, havemet the attainment date extension criteria of CAA section 181(a)(5), the EPA is exercising its discretion to propose granting a 1-year extension ofthe applicable Marginal area attainment date to July 20, 2016, fromJuly 20, 2015, for the nonattainment areas listed in Table 3. Ifthis proposal is finalized, then the nonattainment areas would remain classified as Marginal for the 2008 ozone NAAQS unless and until the EPA makes a determination thatthe

areas have not attained the NAAQS by the July 20, 2016, attainment date. The EPA is soliciting comments on this proposal.

TABLE 3-MARGINAL NONATTAINMENT AREAS THAT QUALIFY FOR A 1-YEAR ATTAINMENT DATE EXTENSION FOR THE 

### 2008 OZONE 

### NAAQSa

2014 4th 2012-2014 Highest daily 2008 Ozone NAAQS nonattainment area Design value maximum 8-hr (ppm) average (ppm)

Cleveland-Akron-Lorain ,OH

.................................................................................................................................... 0.078 0.075 H

ouston-Galveston-Brazoria,TX

............................................................................................................................. 0.080 0.072 Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE

............................................................................................ 0.077 0.074 Pittsburgh-BeaverVa lley, PA

.................................................................................................................................. 0.077 0.071 San Luis Obispo County (Eastern part), CA

........................................................................................................... 0.076 0.073 Sheboygan, WI

........................................................................................................................................................ 0.0 81 0.0 72 St. Louis-St. Charles-Farmington, M O-IL

................................................................................................................ 0.078 0.072 Washin gton , DC-M D-VA

.......................................................................................................................................... 0.076 0.069
aThe areas listed are Marginal nonattainment areas that did not attain the 2008 ozone standard by July 20, 2015, but qualify for an extended attainment date to July 20, 2016, under CAA section 181(a)(5).

C.Determinationsof FailureToAttain andReclassification

The EPA is proposing to determine that 11 Marginal nonattainment areas (listedin Table 4) have failedto attain the 2008 ozone NAAQS by the applicable attainment date ofJuly 20, 2015. These areas are not eligible for a 1-year attainment date extension because the fourth highest daily maximum 8-hour average for at least

one monitor in each area is greater than 0.075 ppm for 2014 (i.e.,last full year ofair quality dataprior tothe July 20, 2015, attainment date). Each ofthese

areas failed to attain because the 2012- 2014 design value for at least one monitor in each area exceeded the 2008

ozone NAAQS of0.075 ppm. The TSD for this action shows allmonitoring data for the relevant years for each ofthese

10The EPA notes that while Delaware did not submit a letterrequesting a 1-year attainment date extension for the multi-state Philadelphia nonattainment area, based on extensionrequests from the other states withjurisdiction over that
area, including Pennsylvania, New Jersey, and Maryland, and the EPA's own analysis ofthe CAA nonattainment areas, as well as the 3- year design value calculations for each

area.

CAA section 181(b)(2)(A) provides that a Marginal nonattainment area shall be reclassified by operation oflaw upon
a determination by the EPA that such

area failed to attain the relevant NAAQS by the applicable attainment date. Based

on quality-assured ozone monitoring data from 2012-2014, as provided in the TSD for this proposal, the new classification applicable to each ofthese 11 areas would be the nexthigher classification of "Moderate" under the CAA statutory scheme."

Moderate nonattainment areas are required to attain the standard "as expeditiously aspracticable" but no later than 6 years after the initial designation as nonattainment (which, in the case ofthese 11 areas, is July 20,

section 181(a)(5)(A) criteria with regard to Delaware, the EPA is exercising its discretion to propose granting the Philadelphia area a 1-year extension of the attainment date.

11The 2012-2014 design valuefor each ofthe 11

areas does not exceed 0.100 ppm, which is the 2018). The attainment deadlines associated with each classification are prescribed by the Act and codified at40 CFR 51.1103.

We also note thatthe states with areas that attain the 2008 ozone NAAQS after they are reclassified to Moderate can use the EPA's existing Clean DataPolicy. The state with areas attaining the NAAQS could also submit a complete redesignation request with a maintenance plan to the EPAprior to the SIP revision deadline thatuses the EPA's redesignation guidance.12

There are a number of significant emission reduction programs thatwill lead to reductions ofozone precursors, andthat 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 ofsuch rules include state

threshold for reclassifying an area to Serious per CAA section 181(b)(2)(A)(ii) and 40 CFR51.1103.

12Details on theEPA's existing Clean Data Policy
and redesignation guidance areavailable at http:// www.epa.gov/air/urbanair/sipstatus/policy.html. 

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and federal implementation plans adopted under the Cross-State Air Pollution Rule (CSAPR), theregional haze rule and the Best Available Retrofit Technology (BART)requirements, as well as regulations controlling on-road andnon-road engines and fuels, Tier 3 motor vehicle emission and fuel standards program, 1 3 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.

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-Loveland, CO

............................................................................................... 0.082 0.077 Greater Connecticut,CT
.......................................................................................................................................... 0.080 0.077 Imp eria lCou nty ,CA ................................................................................................................................................ 0.0 80 0.0 78 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-NJ-CT

................................................................................................. 0.085 0.081 Ph

oen ix

-M

e

s a,AZ ................................................................................................................................................... 0.0 80 0.0 80 San Diego County,CA ............................................................................................................................................ 0.079 0.079

D.ModerateArea SIPRevision SubmissionDeadline

For each new Moderate ozone nonattainment area, the states responsible for managing air quality in the 11 areas identified inTable 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 forthe 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)) andRACM (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 tobe implemented in the event offailure to meet a milestone or to attain the standard (CAA section 172(c)(9)); (5)a vehicle inspection and maintenance program, ifapplicable (CAA section 181(b)(4) and 40 CFR 51.350); and, (6) NOx and VOC emission offsets at a ratio of 1.15 to 1for major

source permits (CAA section 182(b)(5) and 40 CFR 51.165(a)). See alsothe requirements for Moderate ozone

1379 FR 23414 (April 29, 2014). Control ofAir Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards. nonattainment areas set forth in CAA section 182(b) and the general nonattainment plan provisions required under CAA section 172(c).1 4

As noted elsewhere in thispreamble, when an area isreclassified under CAA section 181(b)(2), CAA section 182(i) directs thatthe 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 (otherthan 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 etseq., describes the required SIP revisions and associated deadlines for a nonattainment area classified as Moderate at the time ofthe initial designations. However, these SIP submission deadlines (e.g., 3 years after the effective date of designation for submission ofan 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 forthese 11

new Moderate nonattainment areas.

In determining an appropriate deadline for the Moderate area SIP revisions for these 11 areas, the EPA

14All 11ofthe areas reclassified toModerate except Denver-Boulder-Greeley-Fort Collinsnotes thatpursuant to 40 CFR 51.1108(d), for each nonattainment area, the state must provide for implementation ofall control measures needed for attainment no later thanthe beginning ofthe 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 thatthe EPA has proposed changes tothe ozone monitoring season in its mostrecent 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 5provides the starting month ofthe ozone monitoring season for each state with one ofthe 11 Marginal areas as currently codified in the EPA's regulations. Table 5also includes the December 17, 2014, proposed changes, ifany, to the beginning ofthe ozone monitoring

season in such states. Ifthe proposed changes tothe beginning ofthe ozone
Loveland, CO have been classified Moderate or higher classification for aprior ozone NAAQS. 

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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 thatwe believe itis reasonable to provide states with aperiod ofatleast approximately 1year 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 ofavailable control measures, adopt necessary attainment strategies, address other SIP requirements, and complete the public notice process necessary to adopt and submitSIP revisions.

TABLE 5-BEGINNING Therefore, the EPA is proposing and taking comment on two options for setting the dateby which states with jurisdiction for these 11 reclassified nonattainment areas wouldbe required to submit for EPAreview and approval SIP revisions to address Moderate area requirements. The first option, which is reflected in Table 5below, would require that states submit the required SIP revisions as expeditiously as practicable, but no later thanthe beginning ofthe ozone seasonin 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 laterthan the beginning ofthe ozone seasonin 2017 for each area. This option would give 9 states additional time thatmay be needed to accomplish planning,

OF OZONE SEASON FOR STATES WITH AREAS IDENTIFIED FOR THE 2008 OZONE 

### NAAQS administrative and SIP revision processes. This option would treat states consistently in thatthey wouldneed to have submitted SIP revisions by the beginning oftheir respective ozone seasons,but itwould result in SIP submittal dates thatvary among the states. In addition, as noted above, ifthe EPA finalizes the proposed changes to the start dates ofthe ozone season in a number ofstates, 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 wouldbe the earliest ozone season start date for any ofthe states (e.g., April 1,2017, for the Chicago area).
FOR RECLASSIFICATION TO MODERATE

2008 Moderate ozone State Current month or date Proposed deadline for Proposed month ordate areas ozone season begins a submittal ozone season begins b

Atlanta, GA

........................ Georgia

............................. March

................................ 1-Mar-17

................. ..... N o change. Chicago-Naperville, IL-IN

- Illinois

................................ April

................................... 1-Apr-17

............................ M arch. WI. Chicago-Naperville, IL-IN

- Indiana

.............................. April

................................... 1-Apr-17

............................ M arch. WI. Chicago-Naperville, IL-IN- Wisconsin

.......................... 15-Apr

............................... 15-Apr-17

.......................... 15-Mar.

WI. Denver-Boulder-Greeley- Colorado

............................ March

................................ 1-Mar-17

............................ January.

Fort 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 California

........................... January

............................. 1-Jan-17

............................ No change.

Kern), CA. Mariposa County, CA

........ California

........................... January

............................. 1-Jan-17

............................ No change. Nevada County (Western California

........................... January

............................. 1-Jan-17

............................ No change.

part), CA. New York-N. New Jersey- New Jersey

....................... April

................................... 1-Apr-17

............................ March.

Long Island, NY-NJ-CT. New York-N. New Jersey- New York

.......................... April

................................... 1-Apr-17

............................ March.

Long Island, NY-NJ-CT. New York-N. New Jersey- Connecticut

....................... April

................................... 1-Apr-17

............................ March.

Long 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.

aTable D-3 of Appendix Dto Part 58-Ozone Monitoring Season by State. First day of beginning month exceptfor WI. bBeginning of ozone season proposed in the ozone NAAQS revision proposal (79 FR 75234, December 17, 2014).

Under the second option, theEPA proposes thatthe deadline for the required SIP revisions for areas that would be reclassified underthis rulemaking wouldbe as expeditiously

aspracticable, but no laterthan 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 wouldhave applied to all areas ifthey had been initially classified as Moderate. A uniform deadline ofJanuary 1,2017, is reasonable because itwould provide all states with approximately 1year after these reclassifications are finalized to develop complete SIP submissions, and it isthe latest SIP submittal date that would be compatible with ensuring controls are in place no laterthan the start ofthe attainment year ozone season for all ofthe 11 reclassified areas. The EPA solicits comments on both of these proposed options for deadlines to submitthe required SIP revisions that would apply to states after any current Marginal nonattainment area for the 2008 ozone NAAQS isreclassified to Moderate.

With regard tothe NewYork-N. New Jersey-Long Island (NY-NJ-CT) nonattainment area, the EPA notes that in addition tothe actions related to the 2008 ozone standard addressed in this 

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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 theEPA 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 inJune 2012, suspended the three states' obligations to meet attainmentrelated planning requirements forthat standard, including submitting attainment demonstrations, RACM, RFP plans, and contingency measures. In the May 2014 proposal document, the EPA proposed to findthat the NewJersey, New York, and Connecticut's SIPs were substantially inadequate to demonstrate attainment ofthe 1997 ozone NAAQS, andthe agency proposed to issue a SIP Call under the authority ofCAA section 110(k)(5) requiring the states to submit revised SIPs within 18 months to demonstrate howthe NewYork-N. New Jersey-Long Island nonattainment area would re-attain the 1997 standard as expeditiously as practicable.

One option proposed bythe EPA in the May 2014 proposal document would permit the relevant states to respond to the final SIP Callby requesting to be reclassified toModerate for the 2008

ozone standard (seeCAA 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 ofsubmitting 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 isreviewing comments received on the proposal. However, given that this action proposes to find thatthe NewYork-N. New Jersey-Long Island nonattainment

area has failed to attain the 2008 ozone standard byits Marginal attainment date ofJuly 20, 2015, andmust be reclassified toModerate 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

onthe proposed CDDrescission and SIP Call (79 FR 27830), the actions which may occur pursuant to this proposal (i.e.,afinal finding offailure to attain the 2008 standard by the applicable attainment date, reclassification ofthe

area as Moderate, and a state submittal ofa 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 ofthe 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 ofProposed 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 ofan 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 aspracticable" but no later than 3years after the designation effective date ofJuly 20, 2012 (i.e.,no later than July 20, 2015). CAA section 181(b)(2)(A) requires thatwithin six months ofthe attainment date, which, in the case ofthe Marginal areas that are the subject ofthis document, was July 20, 2015, the EPA must determine, based on the ozone nonattainment area's design value as ofthe 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 ifits design value is equal to orless than 0.075 ppmbased on datafrom the period 2012-2014. Ifthe EPA determines that an area has failed to attain by its attainment date, CAA section 181(b)(2) requires thatthose

areas be reclassified to thehigher of (i) the nexthighest classification, or (ii)the classification that corresponds with the area's design value as ofthe timethat the EPApublishes the document identifying the areas that havefailed to attain by their attainment date. Accordingly, the EPA is proposingthat 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-INWI; Denver-Boulder-Greeley-Fort Collins-Loveland, CO; Greater Connecticut, CT; Imperial County,CA; Kern County (EasternKern), CA; Mariposa County, CA; Nevada County (Western part), CA; New York-N. New Jersey-Long Island, NY-NJ-CT; PhoenixMesa, AZ; and, San Diego County, CA. For these 11 areas, the EPA is further proposing that the responsible states must submit SIP revisions tofulfill the CAA's Moderate area requirements by

one ofthe following two alternative deadlines: Option 1-as expeditiously

aspracticable but not later than the start ofeach 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 offailure to attain and subsequent reclassifications of each ofthese 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 1year, in accordance with CAA section 181(a)(5) and40 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 ofair quality data prior tothe July 20, 2015, attainment date (i.e.,2014) is at orbelow 0.075 ppm. Based on state requests and

areview of2014 ozone air quality data, the EPA is proposing to grant 1-year extensions ofthe 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 (Easternpart), 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 ofJuly 20, 2015. The 17 areas are: Allentown-BethlehemEaston, 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 

### 52000Federal Register/Vol. 80, No. 166/Thursday, August 27, 2015/Proposed Rules

Bay Area, CA; Seaford, DE; Tuscan Buttes, CA; and, Upper Green River Basin, WY. The EPA is taking comment
onthe determinations ofattainment by the applicable attainment date for these 17 areas. IV. Environmental Justice Considerations

The CAA requires that states with

areas designated as nonattainment submitto the Administrator the appropriate SIP revisions and implement specified control measures by certain dates applicable to the area's classification. Byrequiring additional planning and implementation requirements for the 11 nonattainment

areas proposed to be reclassified from Marginal to Moderate, the part ofthis actionreclassifying the areas from Marginal to Moderate will protect all those residing, working, attending school, orotherwise present in those

areas regardless ofminority or economic status.
V. Statutory and Executive Order Reviews
A. Executive Order12866:Regulatory PlanningandReviewandExecutive Order13563:ImprovingRegulationand RegulatoryReview

This action is not a significant regulatory action and was,therefore, not submitted to the Office ofManagement andBudget (OMB) forreview.
B. Paperwork ReductionAct (PRA) The information collection activities associated with this proposed rule were submitted for approval to the OMB under the PRA as part ofthe information collection assessment for the 2008 ozone NAAQS SIP Requirements Rule. The Information Collection Request (ICR) document prepared by the EPAhas been assigned the EPA ICR number 2347.01. You can find a copy ofthe ICR in the docket for the 2008 ozone NAAQS SIP Requirements Rule 15 (EPA-HQ-OAR2010-0885), and in the docket forthis rule (EPA-HQ-OAR-2015-0468). The ICR isbriefly summarized here.

The EPA issued the 2008 ozone NAAQS SIP Requirements Rule to provide states with assistance in interpreting howCAA 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

1580 FR 12264, March 6, 2015. action-is to provide assistance to states regarding their planning obligations such that states may begin SIP development. In preparing its analysis ofthe estimated paperworkburden associated with the SIP Requirements Rule and additional rules providing clarity onimplementation ofthe 2008

ozone NAAQS, the EPA calculated that burden for the 46 areas designated nonattainment under that standard.'16 17 The estimate in the ICRincluded 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. Ifthis proposed action is finalized, 11 nonattainment areas originally classified

as Marginal wouldbe reclassified to Moderate. Therefore, we believe thatthe original estimate in the ICRhas fairly quantified the information collection activities that willbe associated with the 11 areas we proposed to reclassify in this action. Upon finalization ofthe 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 ofmeeting 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).

States should already have information from emission sources, as facilities should have provided this information tomeet 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 ofproduction processes. But, to the extent it may, CBIfor the affected facilities is protected. Specifically, submissions ofemissions and control efficiency information thatis confidential, proprietary and trade secret isprotected from disclosure under the requirements ofsubsections 503(e) and 114(c) ofthe CAA.

The annualburden for the information collection associated with all 46 nonattainment areas, averaged

over the first 3years ofthe ICR,was estimated to be a total of 120,000 labor

16 77 FR 30088, May 21, 2012.
17 77 FR 34227, June 11, 2012. hours per year at an annual labor cost of$2.4 million (presentvalue) over the 3-year period, or approximately $91,000 per state for the 25 state respondents andthe District ofColumbia. The average annual reporting burden is 690 hours per response, with approximately two responses per state for 58 state responses. 18There 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).

An agency may not conduct or sponsor, and a person is notrequired to respond to, a collection ofinformation unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations in40 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 oftheprovided burden estimates and any suggested methods for minimizing respondentburden. The EPA public docket forthis rule includes the ICR approved in conjunction with the 2008 ozone NAAQS SIP Requirements Rule.
C.RegulatoryFlexibility Act (RFA)
I certify thatthis 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 (andresulting reclassifications), and theproposed 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 onlymakes factual determinations, and does not directly regulate any entities.
D. UnfundedMandatesReformAct (UMRA)

This action does not contain any unfunded mandate as described in UMRA, 2U.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.

18Stateresponses arethe number of SIPrevisions required from the respective states to satisfy their 2008 ozone nonattainment requirements. Due to an oversight inthe original submitted ICR, the estimated number ofstate responses (58) does not include the onerequired SIPrevision for the Mississippi portion ofthe multi-state Memphis nonattainment area.

1978 FR 34178, June 6, 2013. 

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E.Executive Order13132:Federalism

This action does not havefederalism implications. It will nothave substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution ofpower and responsibilities among the various levels ofgovernment.
F.Executive Order13175:Consultation andCoordinationWithIndian 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 oftribal areas implicated in the 36 areas covered by the EPA's proposed determinations of attainment and failure to attain the 2008

ozone NAAQS (andresulting reclassifications), and theproposed 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 Order13045:Protectionof ChildrenFromEnvironmentalHealth andSafetyRisks

The EPA interprets Executive Order 13045 as applying only tothose regulatory actions that concern environmental health or safety risks that the EPA has reason tobelieve may disproportionately affect children, per the definition of "covered regulatory action" in section 2-202 ofthe 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 Order13211:Actions That Significantly Affect EnergySupply, Distribution,or Use

This action is not subject to Executive Order 13211, because itis not a significant regulatory action under Executive Order 12866.
L NationalTechnologyTransfer AdvancementAct (NTTAA)

This rulemaking does not involve technical standards.
J.Executive Order12898:Federal Actions ToAddressEnvironmental JusticeinMinorityPopulations and Low-Income Populations

The EPAbelieves 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 ofthe preamble titled "Environmental Justice Considerations." ListofSubjects in40 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 etseq. Dated: August 19, 2015. Janet G.McCabe, ActingAssistantAdministrator. [FRDoe. 2015-21196 Filed 8-26-15; 8:45 am]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 [EPA-R07-OAR-2015-0512; FRL-9932-79- Region 7] Approval and Promulgation ofAir Quality Implementation Plans; State of Kansas; Infrastructure SIP Requirements forthe 2008 Ozone National Ambient AirQuality Standard

AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.
SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve
an element ofa State Implementation Plan (SIP) submission from the State of Kansas addressing the applicable requirements ofClean Air Act (CAA) section 110 for the 2008 National Ambient Air Quality Standards (NAAQS) for Ozone (03), which requires that each state adopt and submit a SIP to support implementation, maintenance, and enforcement ofeach

new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as "infrastructure" SIPs. The infrastructure requirements are designed to ensure thatthe structural components ofeach state's air quality management program are adequate to meet the state's responsibilities under the CAA. DATES: Comments on this proposed action must be received in writing by September 28, 2015. ADDRESSES: Submit your comments, identified by Docket ID No.EPA-R07- OAR-2015-0512, by mail to Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Comments may alsobe submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section ofthe direct final rule located in therules section ofthis Federal Register.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7214 or by email at kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION: In the final rules section ofthis Federal Register, EPA is approving the state's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. Ifno relevant adverse comments

are received in response to this action,

no further activity is contemplated in relation tothis action. IfEPA receives relevant adverse comments, the direct final rule willbe withdrawn and all public comments received willbe addressed in a subsequent final rule based onthis proposed action. EPA will not institute a second comment period

onthis action. Anyparties interested in commenting on this action should do so atthis time. Please note that ifEPA receives adverse comment on part of this rule and ifthat part can be severed from the remainder ofthe rule, EPA may adopt as final those parts ofthe rule that

are not the subject ofan adverse comment. For additional information,

see the direct final rule which is located in the rules section ofthis Federal Register.
List ofSubjects in 40 CFRPart 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements.

Dated: August 12, 2015. Mark Hague, ActingRegional Administrator, Region 7. [FRDoe. 2015-20894 Filed 8-26-15; 8:45 am]

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