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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

at United States government facilities,

individuals planning to attend these

hearings should be prepared to show

valid picture identification to the

security staff in order to gain access to

the meeting room. Please note that the

REAL ID Act, passed by Congress in

2005, established new requirements for

entering federal facilities. If your

driver's license is issued 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

of identification include: Federal

employee badges, passports, enhanced

driver's licenses, and military

identification cards. For additional

information for the status of your state

regarding REAL ID, go to http://

www.dhs.gov/real-id-enforcemen t-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

only be used outside of the buildings,

and demonstrations will not be allowed

on federal property for security reasons.

At all of the hearing locations,

atttendees will be asked to go through

metal detectors. To help facilitate this

process, please be advised that you will

be asked to remove all items 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 of their construction;

remove any metal belts, metal belt

buckles, large jewelry, watches; and

follow the instructions of the guard if

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 that you

arrive 20 minutes in advance of your

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 I get copies of this document

and other related information?

The EPA has established separate

dockets for all three of the 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 the proposed

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. is EPAHQ-OAR-2014-0606. All three

proposed rulemakings are posted at

http://www.epa.gov/airqualityl

oilandgas/actions.html. If you 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, or by email

at StClair.Aimee@epa.gov.

Dated: August 21, 2015.

Mary E. Henigin,

Acting Director, Office of Air Quality Planning

and Standards.

[FR Doe. 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 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.

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-OAR2015-0468, 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.

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

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.

B. What should I consider as I prepare

my comments for the EPA?

1. Submitting CB. 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.

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 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

2 An area's design value for the 8-hoar ozone

NAAQS is the highest 3-year average of the annual

fourth highest daily maximum 8-hoar 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.

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 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.

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

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. What is the background for the

proposed actions?

On March 12, 2008, the EPA issued its

final action to revise the NAAQS for

ozone to establish new 8-hour standards

(73 FR 16436, March 27, 2008). In that

action, we promulgated identical

revised primary and secondary ozone

standards, designed to protect public

health and welfare, that specified an 8-

hour ozone standard of 0.075 parts per

million (ppm).4 Specifically, the

standards require that the 3-year average

of the annual fourth highest daily

maximum 8-hour average ozone

concentration may not exceed 0.075

4Since the 2008 primary and secondary NAAQS

for ozone are identical, for convenience, we refer to

both as "the 2008 ozone NAAQS" 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

1997 but is set at a level that is more

protective of public 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

51994
Federal 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 of those areas as Marginal.

We used primarily certified air quality

monitoring data from calendar years

2008-2010 5 to 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, the EPA promulgated a

Classifications Rule that specified some

of the requirements for implementing

the 2008 ozone NAAQS under the

provisions of Subpart 2 of part D of title

I of the CAA to the newly designated

nonattainment areas for the 2008 ozone

standard (77 FR 30160, May 21, 2012).

CAA Section 181 provides that the

attainment deadline for ozone

nonattainment areas is "as

expeditiously as practicable" but no

later than the prescribed dates that are

provided in Table 1 of that section. In

the 2008 ozone NAAQS Classifications

Rule, the EPA translated the

"maximum" deadlines in Table 1 of

Subpart 2 for purposes of the 2008

standard by measuring those deadlines

from the effective date of the new

designations, but extended those

deadlines by several months to

December 31 of the corresponding

calendar year (77 FR 30166).

Pursuant to a challenge of the EPA's

interpretation of the 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 to the end of the calendar

year. NRDC v. EPA, 777 F.3d 456, 464-

69 (D.C. Cir. 2014). Accordingly, as part

of the 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 3 years from the

effective date of designation, or July 20,

2015, to attain the 2008 ozone NAAQS.

See 80 FR at 12268; 40 CFR 51.1103.

5 In certain cases, states included as part of their

designation recommendations a request that the

EPA consider more up-to-date monitoring data from

2009-2011 in making final designation decisions.

The EPA considered the state requests, and,

accordingly, adjusted some of the classifications

based on the more recent data.

C. What is the statutory authority for the

proposed actions?

The statutory authority for the actions

proposed in this document is provided

by the CAA, as amended (42 U.S.C.

7401 et seq.). Relevant portions of the

CAA include, but are not necessarily

limited to, sections 181(a)(5) and

181(b)(2).

By way of background, CAA section

107(d) provides that when the EPA

establishes or revises a NAAQS, the

agency must designate areas of the

country as nonattainment, attainment,

or unclassifiable based on whether they

are not meeting (or contributing to air

quality in a nearby area that is not

meeting) the NAAQS, meeting the

NAAQS, or cannot be classified as

meeting or not meeting the NAAQS,

respectively. Subpart 2 of part D of title

I of the CAA governs the classification,

state planning and emissions control

requirements for any areas designated as

nonattainment for a revised primary

ozone NAAQS. In particular, CAA

section 181(a)(1) requires each area

designated as nonattainment for a

revised ozone NAAQS to be "classified"

at the same time as the area is

designated based on the severity of the

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 3 years). See footnote

2. Classifications for ozone

nonattainment areas range from

"Marginal" (for areas with monitored

ozone levels just exceeding the level of

the NAAQS) to "Extreme" (for areas

with monitored ozone levels well above

the levels of the NAAQS). 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) of the 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 of that date. Section

181(a)(5) of the CAA gives the

Administrator the discretion to grant a

1-year extension of the 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 of the NAAQS for ozone has

occurred in the area preceding the

extension year. The EPA may grant a

second 1-year extension if these same

criteria are met by the end of the 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

of the extension criteria for purposes of

a concentration-based standard like the

2008 8-hour ozone NAAQS. For

purposes of determining 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-hour value for the attainment year 7 is

at or below the level of the standard [80

FR 12264, 12292 (March 6, 2015); 40

CFR 51.1107].

In the event an area fails to attain the

relevant ozone NAAQS by the

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 of law to the higher of (i) the

next higher classification for the area, or

(ii) the classification applicable to the

area's design value as determined at the

time of the required Federal Register

document.8 Section 181(b)(2)(B)

requires the EPA to publish a document

in the Federal Register identifying the

reclassification status of an 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 of the Marginal nonattainment

areas addressed in this document would

be January 20, 2016.

Once an area is reclassified, the EPA

must address the schedule by which the

state is required to submit a revised SIP

for that area to, among other things,

demonstrate how the area will attain the

relevant NAAQS as expeditiously as

practicable but no later than the new

6 The 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.

7 See 40 CFR 51.1107(a)(1). 8 All of the affected nonattainment areas

addressed in this document would be classified to

the next highest classification of Moderate. 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 submit the

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 a result

of the reclassification "to the extent that

such adjustment is necessary or

appropriate to assure consistency among

the required submissions."

D. How does the EPA determine whether

an area has attained the 2008 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 of the annual fourth highest

daily maximum 8-hour average ambient

air quality ozone concentration is less

than or equal to 0.075 ppm. This 3-year

average is referred to as the 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, then the 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 right being

truncated. Thus, a computed 3-year

average ozone concentration of 0.076

ppm is greater than 0.075 ppm and,

therefore, over the standard.

The EPA's determination of

attainment is based upon data that have

been collected and quality-assured in

accordance with 40 CFR part 58 and

recorded in the EPA's Air Quality

System database (formerly known as the

Aerometric Information Retrieval

System). Ambient air quality monitoring

data for the 3-year period must meet a

data completeness requirement. The

ambient air quality monitoring data

completeness requirement is met when

the average percent of required

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 EPA proposing and

what is the rationale?

The EPA is issuing this proposal

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 of July 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. Determinations of 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 of the applicable

attainment date of July 20, 2015. The

data were supplied and quality assured

by state and local agencies responsible

for monitoring ozone air monitoring

networks. Seventeen of the 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 of the SIP

Requirements Rule (40 CFR 51.1103),

that these 17 areas (listed in Table 2

below) attained the standard by the

applicable attainment date for Marginal

nonattainment areas for the 2008 ozone

NAAQS. The EPA's determination is

based upon 3 years of complete, qualityassured and certified data. Table 2

displays the 2012-2014 design value for

these 17 areas. The fourth high values

for each of the 3 years used to calculate

each monitor's 2012-2014 design value

are provided in the technical support

document (TSD) in the docket for this

action. 9 The 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 (ppm)value

Allentown-Bethlehem-Easton,

P A .....................................

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

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

Charlotte-Rock Hill, NCSCa

Chico (Butte County), CA .....

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

Colum bus, O H ......................

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

0.070

0.072

0.071

0.073

0.074

0.075

0.075

0.068

9 "Technical Support Document Regarding Ozone

Monitoring Data-Determinations of Attainment, 1-

Year Attainment Date Extensions, and

Reclassifications for Marginal Areas under the 2008

8-Hour Ozone National Ambient Air 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,

W Y .................................... 0 .06 4

aOn July 28, 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. Extension of Marginal Area

Attainment Dates

Of the 36 Marginal nonattainment

areas for the 2008 ozone NAAQS, there

are eight areas for which 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 of the eight

nonattainment areas, the EPA received a

letter from a state air agency requesting

a 1-year extension of the 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

of 0.075 ppm or less for 2014 (i.e., the

last full year of air quality data prior to

the July 20, 2015, attainment date). A

summary of the information in these

letters is provided in the TSD for this

action. The EPA evaluated the

information submitted by each state for

its nonattainment area(s) and is

proposing determinations that each state

has met the requirement of CAA section

181(a)(5)(A) for each applicable area. 10

The EPA has also evaluated the

certified air quality monitoring data for

2014 and is proposing to determine that

each of the eight areas listed in Table 3

meets the air quality requirements of

CAA section 181(a)(5)(B) and the EPA's

interpretation of that statutory provision

in 40 CFR 51.1107. As explained in

Section II.C of this preamble, the EPA

has interpreted the air quality criterion

in CAA section 181(a)(5)(B) for purposes

of the 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 or below the NAAQS (80 FR

12292). The EPA has evaluated the data

for these eight areas and has determined

that the fourth highest daily maximum

8-hour average for each area in 2014 is

equal to or below 0.075 ppm. Table 3

provides the fourth highest daily

maximum 8-hour averages for 2014 for

each of the 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

by July 20, 2015, have met the

attainment date extension criteria of

CAA section 181(a)(5), the EPA is

exercising its discretion to propose

granting a 1-year extension of the

applicable Marginal area attainment

date to July 20, 2016, from July 20, 2015,

for the nonattainment areas listed in

Table 3. If this 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 that the

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 NAAQS a

2014 4th

2012-2014 Highest daily

2008 Ozone NAAQS nonattainment area Design value maximum 8-hr

(ppm) average

(ppm)

C leve la nd -A kro n-Lo ra in , O H .................................................................................................................................... 0 .07 8 0 .07 5

H ouston-G alveston -B razo ria , T X ............................................................................................................................. 0 .080 0 .072

Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE ............................................................................................ 0.077 0.074

P ittsbu rg h -B e ave r V a lley , P A .................................................................................................................................. 0 .07 7 0 .07 1

San Luis O bispo C ounty (Eastern part), C A ........................................................................................................... 0.076 0.073

S h e b o y g a n , W I ..........................................................................................................

0 .0 8 1 0 .0 7 2

St. Louis-S t. C harles-Farm ington, M O -IL ................................................................................................................ 0 .078 0 .072

W a sh in gto n , D C -M D -V A .......................................................................................................................................... 0 .0 7 6 0 .0 6 9

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. Determinations of Failure To Attain

and Reclassification

The EPA is proposing to determine

that 11 Marginal nonattainment areas

(listed in Table 4) have failed to attain

the 2008 ozone NAAQS by the

applicable attainment date of July 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

of air quality data prior to the July 20,

2015, attainment date). Each of these

areas failed to attain because the 2012-

2014 design value for at least one

monitor in each area exceeded the 2008

ozone NAAQS of 0.075 ppm. The TSD

for this action shows all monitoring data

for the relevant years for each of these

10 The EPA notes that while Delaware did not

submit a letter requesting a 1-year attainment date

extension for the multi-state Philadelphia

nonattainment area, based on extension requests

from the other states with jurisdiction over that

area, including Pennsylvania, New Jersey, and

Maryland, and the EPA's own analysis of the 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 of law 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 of these

11 areas would be the next higher

classification of "Moderate" under the

CAA statutory scheme."

Moderate nonattainment areas are

required to attain the standard "as

expeditiously as practicable" but no

later than 6 years after the initial

designation as nonattainment (which, in

the case of these 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 value for each of the 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 at 40

CFR 51.1103.

We also note that the states with areas

that attain the 2008 ozone NAAQS after

they are reclassified to Moderate can use

the EPA's existing Clean Data Policy.

The state with areas attaining the

NAAQS could also submit a complete

redesignation request with a

maintenance plan to the EPA prior to

the SIP revision deadline that uses the

EPA's redesignation guidance.12

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

threshold for reclassifying an area to Serious per

CAA section 181(b)(2)(A)(ii) and 40 CFR 51.1103.

12 Details on the EPA's existing Clean Data Policy

and redesignation guidance are available at http://

www.epa.gov/air/urbanair/sipstatus/policy.html.

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

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, 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)

A tla n ta , G A .............................................................................................................0 .0 7 7 0 .0 7 9

Chicago-Naperville, IL-IN-W I ................................................................................................

0.081 0.076

Denver-Boulder-Greeley-Fort Collins-Loveland, CO ...............................................................................0.082 0.077

Greater Connecticut, CT ...................................................................................................

0.080 0.077

Im p e ria l C o u n ty , C A ......................................................................................................0 .0 8 0 0 .0 7 8

Kern County (Eastern Kern), CA .............................................................................................

0.084 0.089

Mariposa County, CA .....................................................................................................0.078 0.077

Nevada County (W estern part), CA ...........................................................................................

0.079 0.082

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

0.085 0.081

P h o e n ix -M e s a , A Z ........................................................................................................0 .0 8 0 0 .0 8 0

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

13 79 FR 23414 (April 29, 2014). Control of Air

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 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

14 All 11 of the areas reclassified to Moderate

except Denver-Boulder-Greeley-Fort Collinsnotes 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

Loveland, CO have been classified Moderate or

higher classification for a prior ozone NAAQS.

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

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.

TABLE 5-BEGINNING

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,

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 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).

FOR RECLASSIFICATION TO MODERATE

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

Atlanta, G A ........................ G eorgia ............................. M arch ................................ 1-M ar-17 ................. ..... N o change.

C hicago-N ape rville, IL-IN - Illinois ................................ A pril ................................... 1-A pr-17 ............................ M arch.

WI.

C hicago-N ape rville, IL-IN - Indiana .............................. A pril ................................... 1-A pr-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 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

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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 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 attainmentrelated 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-INWI; 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; PhoenixMesa, 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-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

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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-OAR2010-0885), and in the docket for this

rule (EPA-HQ-OAR-2015-0468). The

ICR is briefly summarized here.

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

15 80 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

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 nonattainment 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).

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

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 (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).

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.

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.

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.

19 78 FR 34178, June 6, 2013.

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E. Executive Order 13132: Federalism

This action does not have federalism

implications. It will not have substantial

direct effects on the states, on the

relationship between the national

government and the states, or on the

distribution of power and

responsibilities among the various

levels of government.

F. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

This action 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.

L 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.

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ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0512; FRL-9932-79-

Region 7]

Approval and Promulgation of Air

Quality Implementation Plans; State of

Kansas; Infrastructure SIP

Requirements for the 2008 Ozone

National Ambient Air Quality Standard

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) is proposing to approve

an element of a State Implementation

Plan (SIP) submission from the State of

Kansas addressing the applicable

requirements of Clean 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 of each

new or revised NAAQS promulgated by

EPA. These SIPs are commonly referred

to as "infrastructure" SIPs. The

infrastructure requirements are designed

to ensure that the structural components

of each 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

also be submitted electronically or

through hand delivery/courier by

following the detailed instructions in

the ADDRESSES section of the direct final

rule located in the rules section of this

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 of this 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. If no relevant adverse comments

are received in response to this action,

no further activity is contemplated in

relation to this action. If EPA receives

relevant adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed action. EPA will

not institute a second comment period

on this action. Any parties interested in

commenting on this action should do so

at this time. Please note that if EPA

receives adverse comment on part of

this rule and if that part can be severed

from the remainder of the rule, EPA may

adopt as final those parts of the rule that

are not the subject of an adverse

comment. For additional information,

see the direct final rule which is located

in the rules section of this Federal

Register.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Ozone, Reporting and recordkeeping

requirements.

Dated: August 12, 2015.

Mark Hague,

Acting Regional Administrator, Region 7.

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