Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Proposed Rules 26185 

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 merely proposes to approve 

state permitting provisions that are 

consistent with the CAA and disapprove 

state permitting provisions that are 

inconsistent with the CAA. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

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. This action merely 

proposes to approve state permitting 

provisions that are consistent with the 

CAA and disapprove state permitting 

provisions that are inconsistent with the 

CAA. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: April 22, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–10225 Filed 4–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0187; FRL–9945–96– 

Region 9] 

Limited Disapproval of Air Plan 

Revisions; Arizona; New Source 

Review; PM2.5

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing a limited 

disapproval of a revision to the Arizona 

Department of Environmental Quality 

(ADEQ) portion of the Arizona State 

Implementation Plan (SIP) under the 

Clean Air Act (CAA or Act). This ADEQsubmitted SIP revision primarily was 

intended to serve as a replacement of 

ADEQ’s SIP-approved rules for the 

issuance of New Source Review (NSR) 

permits for stationary sources, including 

but not limited to the rules governing 

the review and permitting of major 

sources and major modifications under 

the Act. This action concerns only the 

major nonattainment NSR provisions in 

ADEQ’s submittal as they pertain to the 

Nogales and West Central Pinal 

nonattainment areas for particulate 

matter with a diameter of 2.5 

micrometers or less (PM2.5). The EPA 

previously finalized a limited approval 

for these PM2.5 nonattainment areas 

related to certain major nonattainment 

NSR permitting requirements for PM2.5

under the CAA, and is now also 

proposing a limited disapproval to set 

the stage for remedying certain 

deficiencies related to these 

requirements. 

DATES: Comments must arrive by June 1, 

2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2015–0187 at http://

www.regulations.gov, or via email to 

R9AirPermits@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For 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: Lisa 

Beckham, EPA Region IX, (415) 972– 

3811, beckham.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What did the State submit? 

B. What is the purpose of this proposed 

rule? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the 

submittal? 

B. Does the submittal meet the evaluation 

criteria? 

C. Proposed Action and Public Comment 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What did the State submit? 

On July 28, 2011 and October 29, 

2012, ADEQ submitted revisions to the 

ADEQ portion of the Arizona SIP for 

EPA approval under the CAA. On May 

16, 2014, ADEQ supplemented the July 

28, 2011 submittal. On September 6, 

2013, July 2, 2014, and February 16, 

2015, ADEQ supplemented the October 

29, 2012 submittal. Collectively, these 

submittals generally comprise ADEQ’s 

current program for preconstruction 

review and permitting of new or 

modified stationary sources under 

ADEQ’s jurisdiction in Arizona. On 

November 2, 2015, the EPA finalized a 

limited approval and limited 

disapproval, and other actions, for these 

submittals. See our final rule at 80 FR 

67319 (Nov. 2, 2015) and proposed rule 

at 80 FR 14044 (Mar. 18, 2015). The EPA 

is now taking further action related to 

these submittals. The specific rules that 

were reviewed as part of these 

submittals and our previous action, and 

which are the subject of this action, can 

be found in Table 1 of the preamble to 

our November 2, 2015 final rule (80 FR 

67320). 

The SIP submittals that are the subject 

of this action and our 2015 proposed 

and final rules, referred to herein as the 

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26186 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Proposed Rules 

1 73 FR 28321 (May 16, 2008). 

‘‘NSR SIP submittal,’’ represent a 

comprehensive revision to ADEQ’s 

preconstruction review and permitting 

program and were intended to satisfy 

the requirements under both part C 

(prevention of significant deterioration) 

(PSD) and part D (nonattainment new 

source review) of title I of the Act for 

major sources as well as the general 

preconstruction review requirements 

under section 110(a)(2)(C) of the Act. 

The Act’s preconstruction review and 

permitting programs are often 

collectively referred to as ‘‘New Source 

Review’’. 

Please see our previous proposed and 

final actions for the NSR SIP 

submittal—Revisions to Air Plan; 

Arizona; Stationary Sources; New 

Source Review—for a detailed 

description of the actions taken to date 

related to these submittals, including 

the docket for these actions (Docket ID 

No. EPA–R09–OAR–2015–0187 at 

www.regulations.gov) where other 

supplementary materials are available. 

On December 28, 2012, April 29, 

2013, and December 2, 2014, ADEQ’s 

July 28, 2011, October 29, 2012, and 

July 2, 2014 submittals, respectively, 

were deemed complete by operation of 

law to meet the completeness criteria in 

40 CFR part 51, appendix V, which 

must be met before formal EPA review. 

Each of these submittals includes 

evidence of public notice and adoption 

of the relevant ADEQ regulations. 

B. What is the purpose of this proposed 

rule? 

The purpose of this EPA rulemaking 

is solicit comment on whether the major 

nonattainment NSR portion of ADEQ’s 

NSR SIP submittal fully meets the 

permitting requirements for PM2.5

precursors under section 189(e) of the 

CAA. In the EPA’s March 2015 

proposed action on ADEQ’s NSR SIP 

Submittal, we explained that we were 

not evaluating at that time whether the 

NSR SIP submittal would require 

additional revisions related to PM2.5 to 

satisfy CAA section 189(e) 

requirements, and we finalized our 

action accordingly in November 2015. 

We are now proposing a limited 

disapproval of the major nonattainment 

NSR portion of ADEQ’s NSR SIP 

submittal for PM2.5 as it pertains to the 

statutory requirements of section 189(e). 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the 

submittal? 

At this time the EPA is evaluating 

whether ADEQ’s NSR SIP submittal 

meets certain permitting requirements 

for PM2.5 nonattainment areas under 

title I, part D, subpart 4 of the CAA 

(subpart 4). At the time of our 2015 

action, we did not determine that the 

submittal fully addressed section 189(e) 

in subpart 4, related to NSR permitting 

requirements for PM2.5 for major 

stationary sources in PM2.5

nonattainment areas, and instead 

finalized a limited approval related to 

subpart 4 based on this issue. For PM2.5

nonattainment areas, section 189(e) 

requires that the control requirements 

applicable under plans in effect under 

part D of the CAA for major stationary 

sources of PM2.5 also apply to major 

stationary sources of PM2.5 precursors, 

except where the Administrator 

determines that such sources do not 

contribute significantly to PM2.5 levels 

which exceed the standards in the area. 

B. Does the submittal meet the 

evaluation criteria? 

As explained further below, in order 

to meet the evaluation criteria in CAA 

section 189(e) for PM2.5 as discussed 

above, ADEQ’s NSR SIP submittal 

would need to (1) require major 

stationary sources of PM2.5 precursors 

(nitrogen oxides (NOX), sulfur dioxide 

(SO2), volatile organic compounds 

(VOC), and ammonia) in areas 

designated nonattainment for the PM2.5

National Ambient Air Quality Standards 

(NAAQS) to meet the same control 

requirements as those applicable to 

major stationary sources of PM2.5, or (2) 

if not including such requirements for 

any of these precursors, provide a 

demonstration that the particular 

precursor does not contribute 

significantly to PM2.5 levels that exceed 

the standard in the relevant PM2.5

nonattainment area. As explained in our 

March 2015 proposed action on the 

ADEQ NSR SIP submittal, the rules in 

that submittal regulate NOX and SO2 as 

PM2.5 precursors (see 80 FR 14057). As 

a result, the only remaining element for 

evaluation is whether the submittal 

appropriately addresses VOC and 

ammonia as PM2.5 precursors. 

1. Background 

On January 4, 2013, the U.S. Court of 

Appeals for the District of Columbia 

Circuit, in Natural Resources Defense 

Council (NRDC) v. EPA, issued a 

decision that remanded the EPA’s 2007 

and 2008 rules implementing the 1997 

PM2.5 NAAQS. See 706 F.3d 428 (D.C. 

Cir. 2013). The 2008 EPA 

implementation rule addressed by the 

court decision, ‘‘Implementation of New 

Source Review (NSR) Program for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)’’ (the 2008 NSR 

PM2.5 Rule),1 promulgated NSR 

requirements for implementation of 

PM2.5 in both nonattainment areas 

(under the nonattainment NSR program) 

and attainment/unclassifiable areas 

(under the PSD program). The Court of 

Appeals found that the EPA had erred 

in implementing the PM2.5 NAAQS in 

these rules for nonattainment areas 

solely pursuant to the general 

implementation provisions of subpart 1 

of part D of title I of the CAA, rather 

than pursuant to the additional 

implementation provisions specific to 

particulate matter nonattainment areas 

in subpart 4 of part D of title I. The 

Court of Appeals ordered the EPA to 

‘‘repromulgate these rules pursuant to 

Subpart 4 consistent with this opinion.’’ 

706 F.3d at 437. The EPA issued a 

proposed rule to promulgate new 

generally applicable implementation 

regulations for the PM2.5 NAAQS in 

accordance with the requirements of 

subpart 4 and the Court’s remand 

decision, see 80 FR 15340 (March 23, 

2015), but the EPA has not yet issued 

the final implementation rule. In the 

interim, however, states and the EPA 

still need to proceed with 

implementation of the PM2.5 NAAQS in 

a timely and effective fashion in order 

to meet statutory obligations under the 

CAA and to assure the protection of 

public health intended by those 

NAAQS. 

2. ADEQ’s NSR SIP Submittal for PM2.5

Nonattainment Areas 

ADEQ’s NSR SIP submittal generally 

includes requirements for the PM2.5

nonattainment NSR program for major 

sources consistent with the provisions 

promulgated in the EPA’s 2008 NSR 

PM2.5 Rule. Specifically, ADEQ’s NSR 

SIP submittal includes the PM2.5

significant emission rates at R18–2– 

101(130), regulation of certain PM2.5

precursors (SO2 and NOX) at R18–2– 

101(130), the regulation of PM10 and 

PM2.5 condensable emissions at R18–2– 

101(122)(f), and the emissions offset 

requirements at R18–2–403(A)(3). The 

EPA approved these provisions into 

ADEQ’s SIP as part of a limited approval 

and limited disapproval, and other 

actions, on November 2, 2015 (80 FR 

67319). 

Although ADEQ’s NSR SIP submittal 

does include regulation of major sources 

of SO2 and NOX as PM2.5 precursors 

under the major source nonattainment 

NSR program, it does not include rules 

regulating VOCs or ammonia in this 

manner. Nor does the NSR SIP submittal 

include a demonstration showing that 

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2Prior to the NRDC Court’s decision, the EPA 

would not have reviewed PM2.5 attainment plan 

submittals for compliance with Section 189. 

the regulation of VOCs and ammonia is 

not necessary under section 189(e). 

The evaluation of which precursors 

need to be controlled to achieve a 

NAAQS in a particular nonattainment 

area is typically conducted in the 

context of the state’s preparing and the 

EPA’s reviewing an area’s attainment 

plan SIP. In this case, there are two 

designated PM2.5 nonattainment areas in 

Arizona, the Nogales (portion of Santa 

Cruz County, AZ) and West Central 

Pinal (portion of Pinal County, AZ) 

areas. Both are designated 

nonattainment for the 2006 annual 

PM2.5 NAAQS. However, on January 7, 

2013 and September 4, 2013, the EPA 

finalized determinations of attainment 

for these areas, respectively (78 FR 887 

and 78 FR 54394), which suspended the 

requirement for the state to submit, 

among other things, an attainment plan 

SIP for the areas.2 Accordingly, PM2.5

attainment plans for SIP approval are 

not before EPA Region 9 for these areas, 

nor were they at the time of the EPA’s 

proposed or final 2015 actions on the 

NSR SIP submittal. In 2015, as the EPA 

did not have before it the state’s analysis 

as to which precursors needed to be 

controlled in these areas pursuant to 

section 189(e) of the Act, we determined 

that we could not fully approve as 

complying with the Act a nonattainment 

NSR SIP that addressed only a subset of 

the scientific PM2.5 precursors 

recognized by the EPA. We determined 

that while ADEQ’s NSR SIP submittal 

may not contain all of the elements 

necessary to satisfy the CAA 

requirements when evaluated under 

subpart 4, the major source 

nonattainment NSR portion of the 

submittal represented a considerable 

strengthening of the previously 

approved Arizona SIP, which did not 

previously address NSR permitting for 

PM2.5 at all. Therefore, in our 2015 

action, the EPA granted limited 

approval to the PM2.5 major 

nonattainment NSR provisions in 

ADEQ’s NSR SIP submittal for the 

Nogales and West Central Pinal PM2.5

nonattainment areas based on the 

subpart 4 requirements, and indicated 

that we would consider whether a 

limited disapproval was appropriate 

pertaining to these requirements when 

the EPA re-promulgated its PM2.5

regulations with respect to major 

nonattainment NSR permitting in 

response to the Court of Appeals’ 

remand decision in the NRDC case. 

Although the EPA has not yet repromulgated these PM2.5 regulations in 

response to the remand decision, the 

EPA is now proposing to determine that 

ADEQ’s NSR SIP submittal does not 

fully satisfy the major nonattainment 

NSR requirements for PM2.5 under 

section 189(e) of the Act for the Nogales 

and West Central Pinal PM2.5

nonattainment areas, based on our 

finding that the submittal does not 

include rules regulating VOCs or 

ammonia as PM2.5 precursors under the 

major source nonattainment NSR 

program, nor does it include a 

demonstration showing that the 

regulation of VOCs and ammonia is not 

necessary under section 189(e). We find 

it is appropriate to take action now in 

order to proceed with implementation 

of the major source nonattainment NSR 

program for the PM2.5 NAAQS in a 

timely and effective fashion to address 

statutory obligations under the CAA and 

to assure the protection of public health 

as intended by the Act based on those 

NAAQS. Therefore, we are proposing a 

limited disapproval of the major source 

nonattainment NSR provisions in 

ADEQ’s NSR SIP submittal for the 

Nogales and West Central Pinal PM2.5

nonattainment areas based on our 

finding that the submittal does not fully 

satisfy section 189(e) of the Act as it 

relates to PM2.5 precursors. To address 

this limited disapproval, ADEQ must 

revise its major source nonattainment 

NSR permitting program to include VOC 

and ammonia as PM2.5 precursors, or 

provide a demonstration satisfying the 

requirement in section 189(e) that a 

particular precursor does not contribute 

significantly to PM2.5 levels that exceed 

the standard in the Nogales and/or West 

Central Pinal PM2.5 nonattainment areas. 

C. Proposed Action and Public 

Comment 

Pursuant to Section 110(k) of the Act, 

and for the reasons provided above, we 

are proposing a limited disapproval of 

the major source nonattainment NSR 

provisions of ADEQ’s NSR SIP submittal 

for the Nogales and West Central Pinal 

PM2.5 nonattainment areas under section 

189(e) of the Act related to PM2.5

precursors. The EPA is proposing this 

action because, although we found that 

the NSR SIP submittal met most of the 

applicable NSR permitting requirements 

for PM2.5 nonattainment areas, we have 

found certain deficiencies that prevent 

full approval. The intended effect of our 

limited disapproval action is to set the 

stage for remedying deficiencies in these 

regulations in a timely fashion. 

If finalized as proposed, our limited 

disapproval action will trigger an 

obligation on the EPA to promulgate a 

Federal Implementation Plan unless 

Arizona corrects the deficiencies that 

are the bases for this limited 

disapproval, and the EPA approves the 

related plan revisions, within two years 

of the final action. Additionally, the 

offset sanction in CAA section 179(b)(2) 

would apply in the nonattainment areas 

at issue 18 months after the effective 

date of a final limited disapproval, and 

the highway funding sanctions in CAA 

section 179(b)(1) would apply in these 

areas six months after the offset sanction 

is imposed. However, neither sanction 

will be imposed under the CAA if 

Arizona submits, and we approve, prior 

to the implementation of the sanctions, 

SIP revisions that correct the 

deficiencies that we identify in a final 

action. The EPA is working with ADEQ 

to correct the deficiencies identified in 

this action in a timely manner. 

We will accept comments from the 

public on the proposed disapproval for 

the next 30 days. 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

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) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

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 beyond those imposed by state 

law. 

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 does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

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26188 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Proposed Rules 

1EPA revoked the 1997 8-hour ozone NAAQS, 

effective April 6, 2015. See 80 FR 12264 (March 06, 

2015). EPA revised the ozone NAAQS in both 2008 

and 2015. EPA lowered the level of the 8-hour 

NAAQS to 0.075 ppm and then 0.070 ppm. See 73 

FR 16483 (March 27, 2008) and 80 FR 65291 

(October 26, 2015). This SIP revision does not 

address the 2008 and 2015 ozone NAAQS. 

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: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because the SIP is not 

approved to apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks 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 impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 21, 2016. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2016–10219 Filed 4–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0788; FRL–9945–80– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Reasonable Further 

Progress Plan, Contingency Measures, 

Motor Vehicle Emissions Budgets for 

the Baltimore 1997 8-Hour Ozone 

Serious Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the serious nonattainment area 

reasonable further progress (RFP) plan 

for the Baltimore serious nonattainment 

area for the 1997 8-hour ozone national 

ambient air quality standard (NAAQS). 

The SIP revision includes 2011 and 

2012 RFP milestones, contingency 

measures for failure to meet RFP, and 

updates to the 2002 base year inventory 

and the 2008 reasonable RFP plan 

previously approved by EPA. EPA is 

also proposing to approve the 

transportation conformity motor vehicle 

emissions budgets (MVEBs) associated 

with this revision. This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before June 1, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2015–0788 at http://

www.regulations.gov, or via email to 

fernandez.cristina@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, 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. 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, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For 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: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The Baltimore Area 

In 1997, EPA revised the health-based 

NAAQS for ozone, setting it at 0.08 

parts per million (ppm) averaged over 

an 8-hour time frame.1 EPA set the 8- 

hour ozone standard based on scientific 

evidence demonstrating that ozone 

causes adverse health effects at lower 

ozone concentrations and over longer 

periods of time than was understood 

when the pre-existing 1-hour ozone 

standard was set. EPA determined that 

the 8-hour standard would be more 

protective of human health, especially 

children and adults who are active 

outdoors, and individuals with a preexisting respiratory disease, such as 

asthma. 

On April 30, 2004, EPA finalized its 

attainment/nonattainment designations 

for areas across the country with respect 

to the 1997 8-hour ozone standard. 69 

FR 23858. These actions became 

effective on June 15, 2004. Among those 

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