34506 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Proposed Rules 

1For a detailed explanation of the calculation of 

the 3-year 8-hour average, see 40 CFR part 50, 

appendix I. 

2For more information on the EPA’s Clean Data 

Policy, see https://www.epa.gov/ozone-pollution/ 

redesignation-and-clean-data-policy-cdp for 

documents such as the Memorandum from John S. 

Seitz, Director, Office of Air Quality Planning and 

Standards, ‘‘Reasonable Further Progress, 

Attainment Demonstration, and Related 

Requirements for Ozone Nonattainment Areas 

Meeting the Ozone National Ambient Air Quality 

Standard’’ (May 10, 1995). 

recommendations that reflect industry 

best practices for shipping liquids. 

Ruth Stevenson, 

Attorney, Federal Compliance. 

[FR Doc. 2018–15548 Filed 7–19–18; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2018–0422; FRL–9981– 

04—Region 2] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

York; Determination of Attainment of 

the 2008 8-Hour Ozone National 

Ambient Air Quality Standard for the 

Jamestown, New York Marginal 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to make a 

determination that the Jamestown, New 

York Marginal Nonattainment Area 

(Jamestown Area or Area) has attained 

the 2008 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). This proposed determination 

is based upon complete, qualityassured, and certified ambient air 

monitoring data that shows the Area has 

monitored attainment of the 2008 8- 

hour ozone NAAQS for both the 2012– 

2014 and 2015–2017 monitoring 

periods. This action does not constitute 

a redesignation to attainment. The 

Jamestown Area will remain 

nonattainment for the 2008 8-hour 

ozone NAAQS until such time as EPA 

determines that the Jamestown Area 

meets the Clean Air Act (CAA) 

requirements for redesignation to 

attainment, including an approved 

maintenance plan. This action is being 

taken under the CAA. 

DATES: Written comments must be 

received on or before August 20, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2018–0422 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, (212) 637–3381, or by email 

at wieber.kirk@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 12, 2008, EPA revised both 

the primary and secondary NAAQS for 

ozone to a level of 0.075 parts per 

million (ppm) (annual fourth-highest 

daily maximum 8-hour average 

concentration, averaged over three 

years) to provide increased protection of 

public health and the environment. 73 

FR 16436 (March 27, 2008).1 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 more protective level. On May 21, 

2012 (77 FR 30088), effective July 20, 

2012, EPA designated as nonattainment 

any area that was violating the 2008 8- 

hour ozone NAAQS based on the three 

most recent years (2008–2010) of air 

monitoring data. The Jamestown Area 

(specifically, Chautauqua County) was 

designated as a marginal ozone 

nonattainment area. See 40 CFR 81.333. 

Marginal areas designated in the May 

21, 2012 rule are required to attain the 

2008 8-hour ozone NAAQS by the 

applicable deadline of July 20, 2015. See 

40 CFR 51.903. On May 4, 2016, EPA 

determined that complete, qualityassured, and certified air quality 

monitoring data from the 2012–2014 

monitoring period indicated that the 

Jamestown Area attained the 2008 8- 

hour ozone NAAQS by that attainment 

date. See 81 FR 26697. 

Under the provisions of EPA’s ozone 

implementation rule (40 CFR 51.918), if 

EPA also issues a determination (as it is 

proposing to do here) that an area is 

attaining the relevant standard through 

a rulemaking that includes public notice 

and comment (known informally as a 

Clean Data Determination), the 

requirements for a State to submit 

certain required planning SIPs related to 

attainment of the eight-hour NAAQS, 

such as attainment demonstrations, 

reasonable further progress plans and 

contingency measures, shall be 

suspended. EPA’s action only suspends 

the requirements to submit the SIP 

revisions discussed above.2

This suspension remains in effect 

until such time, if ever, that EPA (i) 

redesignates the area to attainment, at 

which time those requirements no 

longer apply, or (ii) subsequently 

determines that the area has violated the 

2008 8-hour ozone NAAQS. Although 

these requirements are suspended, if the 

State provides these submissions to EPA 

for review and approval at any time, 

EPA is not precluded from acting upon 

them. The determination of attainment 

is not equivalent to a redesignation 

under section 107(d)(3) of the CAA. The 

designation status of the Jamestown 

Area will remain nonattainment for the 

2008 8-hour ozone NAAQS until such 

time as EPA determines that the Area 

meets the CAA requirements for 

redesignation to attainment, including 

an approved maintenance plan. 

Additionally, the determination of 

attainment is separate from, and does 

not influence or otherwise affect, any 

future designation determination or 

requirements for the Jamestown Area 

based on any new or revised ozone 

NAAQS, and it remains in effect 

regardless of whether EPA designates 

this Area as a nonattainment area for 

purposes of any new or revised ozone 

NAAQS. 

II. EPA’s Evaluation 

For ozone, an area may be considered 

to be attaining the 2008 8-hour ozone 

NAAQS if there are no violations, as 

determined in accordance with 40 CFR 

part 50, based on three complete, 

consecutive calendar years of qualityassured ambient air monitoring data. 

Under EPA regulations at 40 CFR part 

50, the 2008 8-hour ozone NAAQS is 

attained when the 3-year average of the 

annual fourth-highest daily maximum 8- 

hour average ozone concentrations at an 

ozone monitor is less than or equal to 

0.075 ppm. See 40 CFR part 50, 

appendix P. This 3-year average is 

referred to as the design value. When 

the design value is less than or equal to 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Proposed Rules 34507 

0.075 ppm at each monitor within the 

area, then the area is attaining the 

NAAQS. Also, the data meets the 

regulatory completeness requirement 

when the average percent of days with 

valid ambient monitoring data is greater 

than or equal to 90 percent (%), and no 

single year has less than 75% data 

completeness as determined in 

appendix P of 40 CFR part 50. The data 

must be collected and quality-assured in 

accordance with 40 CFR part 58, and 

recorded in the EPA Air Quality System 

(AQS). 

EPA has reviewed the complete, 

quality-assured, and certified ozone 

ambient air monitoring data for the 

monitoring periods for both 2012–2014 

and 2015–2017 for the Jamestown Area. 

For both monitoring periods, the design 

values for the Jamestown monitor in 

Chautauqua County are less than or 

equal to 0.075 ppm, and the monitor 

meets the data completeness 

requirements (see Table 1). Based on the 

2012–2014 data from the AQS database 

and consistent with the requirements 

contained in 40 CFR part 50, EPA has 

concluded that this Area attained the 

2008 8-hour ozone NAAQS. In addition, 

complete, quality-assured, and certified 

data through the 2017 ozone season 

demonstrate that the area continues to 

attain the standard. 

TABLE 1—JAMESTOWN AREA 2008 8-HOUR OZONE DESIGN VALUES

County Site ID 

2012–2014 

Design value 

(ppm) 

2012–2014 

Average 

percent data 

completeness 

2015–2017 

Design value 

(ppm) 

2015–2017 

Average 

percent data 

completeness 

Chautauqua .......................................................................... 36–013–0006 0.071 97 0.068 96 

The data in Table 1 are available in 

EPA’s AQS database. The AQS report 

with this data is available in the docket 

for this rulemaking under docket 

number EPA–R02–OAR–2018–0422 and 

available online at www.regulations.gov, 

docket number EPA–R02–OAR–2018– 

0422. 

III. Proposed Action 

EPA is proposing to make a 

determination that the Jamestown Area 

has attained the 2008 8-hour ozone 

NAAQS. This proposed determination 

(informally known as a Clean Data 

Determination) is based upon complete, 

quality assured, and certified ambient 

air monitoring data that show the 

Jamestown Area has monitored 

attainment of the 2008 8-hour ozone 

NAAQS for the 2012–2014 and 2015– 

2017 monitoring periods. Complete and 

quality assured and certified data for 

these periods demonstrate that the area 

continues to attain the standard during 

both time periods. As provided in 40 

CFR 51.918, if EPA’s determination that 

this area has attained the 8-hour ozone 

standard is made final, it would 

suspend the requirements under CAA 

section 182(b)(1) for submission of a 

reasonable further progress plan and 

ozone attainment demonstration. In 

addition, such a final determination 

would mean the requirements of CAA 

section 172(c)(9) concerning submission 

of contingency measures and any other 

planning SIP relating to attainment of 

the 2008 8-hour ozone NAAQS shall be 

suspended for so long as the Jamestown 

Area continues to attain the 2008 8-hour 

ozone NAAQS. Although these 

requirements would be suspended, EPA 

would not be precluded from acting 

upon these elements at any time if 

submitted to EPA for review and 

approval. 

Finalizing this determination would 

not constitute a redesignation of the 

Jamestown Area to attainment for the 

2008 8-hour ozone NAAQS under CAA 

section 107(d)(3). This proposed 

determination of attainment also does 

not involve approving any maintenance 

plan for the Jamestown Area and does 

not determine that the Jamestown Area 

has met all the requirements for 

redesignation under the CAA, including 

that the attainment be due to permanent 

and enforceable measures. Therefore, 

the designation status of the Jamestown 

Area will remain nonattainment for the 

2008 8-hour ozone NAAQS until such 

time as EPA takes final rulemaking 

action to determine that such Area 

meets the CAA requirements for 

redesignation to attainment. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

This action proposes to make an 

attainment determination based on air 

quality data and would, if finalized, 

result in the suspension of certain 

Federal requirements and would not 

impose any additional requirements. 

For that reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 


daltland on DSKBBV9HB2PROD with PROPOSALS
34508 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Proposed Rules 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: July 3, 2018. 

Peter D. Lopez, 

Regional Administrator, Region 2. 

[FR Doc. 2018–15623 Filed 7–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0011; FRL–9981– 

00—Region 1] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Union Chemical Co., Inc. 

Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 1 is issuing a 

Notice of Intent to Delete the Union 

Chemical Co., Inc. Superfund Site (Site) 

located in South Hope, Maine, from the 

National Priorities List (NPL) and 

requests public comments on this 

proposed action. The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Maine, through the 

Department of Environmental Protection 

(MEDEP), have determined that all 

appropriate response actions under 

CERCLA, other than operation and 

maintenance, monitoring and Five-Year 

Reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: Comments must be received by 

August 20, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1989–0011, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. 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. 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. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

• Email: connelly.terry@epa.gov or 

purnell.zanetta@epa.gov. 

• Mail: 

Terrence Connelly, U.S. EPA, 5 Post 

Office Square, Suite 100, Mail Code 

OSSR 07–1, Boston, MA 02109–3912 

ZaNetta Purnell, U.S. EPA, 5 Post Office 

Square, Suite 100, Mail Code OSSR 

01–1, Boston, MA 02109–3912 

Hand delivery: U.S. EPA, 5 Post Office 

Square, Suite 100, Boston, MA. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1989– 

0011. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov website is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at: 

U.S. EPA Region 1, Superfund 

Records Center, 5 Post Office Square, 

Suite 100, Boston, MA 02109, Phone: 

617–918–1440, Monday– Friday: 9:00 

a.m.–5:00 p.m., Saturday and Sunday— 

Closed. 

FOR FURTHER INFORMATION CONTACT: 

Terrence Connelly, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 1, Mail Code OSSR 07– 

1, 5 Post Office Square, Boston, MA 

02109–3912, (617) 918–1373, email 

connelly.terry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

I. Introduction 

EPA Region 1 announces its intent to 

delete the Union Chemical Co., Inc 

Superfund Site (Site) from the National 

Priorities List (NPL) and requests public 

comment on this proposed action. The 

NPL constitutes Appendix B of 40 CFR 

part 300 which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP), which EPA 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) of 1980, as amended. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Sites on the NPL may be 

the subject of remedial actions financed 

by the Hazardous Substance Superfund 

(Fund). As described in 40 CFR 


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