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


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

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

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

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

[[Page 51993]]


SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

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

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

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

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

E. How is this preamble organized?

    The information presented in this preamble is organized as follows.

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

II. Overview and Basis of Proposal

A. Overview of Proposal

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

[[Page 51994]]

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

                    Table 1--2008 Ozone NAAQS Marginal Nonattainment Area Evaluation Summary
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                                                                                            Areas not attaining
                                                                                            2008 NAAQS eligible
                                       2012-2014     Meets 2008 NAAQS by      2014 4th      for attainment date
   2008 NAAQS Nonattainment area     Design value    marginal attainment    Highest daily   extensions based on
                                         (ppm)               date           maximum 8-hr      2014 4th highest
                                                                            average (ppm)    daily maximum 8-hr
                                                                                            average <=0.075 ppm
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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                  0.082  Not Attaining........           0.077  No.
 Collins-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                 0.085  Not Attaining........           0.081  No.
 Island, 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.
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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 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.
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    \4\ Since 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.''
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    On April 30, 2012 (May 31, 2012), the EPA issued rules designating 
46 areas throughout the country as nonattainment for the 2008 ozone

[[Page 51995]]

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).
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    \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.
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    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.

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\
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    \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.
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    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].
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    \7\ See 40 CFR 51.1107(a)(1).
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    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.
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    \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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    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

[[Page 51996]]

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, quality-assured 
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.
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    \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
------------------------------------------------------------------------
                                                             2012-2014
           2008 Ozone NAAQS nonattainment area             Design value
                                                               (ppm)
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Allentown-Bethlehem-Easton, PA..........................           0.070
Baton Rouge, LA.........................................           0.072
Calaveras County, CA....................................           0.071
Charlotte-Rock Hill, NC-SC \a\..........................           0.073
Chico (Butte County), CA................................           0.074
Cincinnati, OH-KY-IN....................................           0.075
Columbus, OH............................................           0.075
Dukes County, MA........................................           0.068
Jamestown, NY...........................................           0.071
Knoxville, TN \b\.......................................           0.067
Lancaster, PA...........................................           0.071
Memphis, TN-MS-AR.......................................           0.073
Reading, PA.............................................           0.071
San Francisco Bay Area, CA..............................           0.072
Seaford, DE.............................................           0.074
Tuscan Buttes, CA.......................................           0.075
Upper Green River Basin, WY.............................           0.064
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\a\ On 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 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\ On 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

[[Page 51997]]

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\
---------------------------------------------------------------------------

    \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 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.
---------------------------------------------------------------------------

    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)
------------------------------------------------------------------------
Cleveland-Akron-Lorain, OH..............           0.078           0.075
Houston-Galveston-Brazoria, TX..........           0.080           0.072
Philadelphia-Wilmington-Atlantic City,             0.077           0.074
 PA-NJ-MD-DE............................
Pittsburgh-Beaver Valley, PA............           0.077           0.071
San Luis Obispo County (Eastern part),             0.076           0.073
 CA.....................................
Sheboygan, WI...........................           0.081           0.072
St. Louis-St. Charles-Farmington, MO-IL.           0.078           0.072
Washington, DC-MD-VA....................           0.076           0.069
------------------------------------------------------------------------
\a\ The 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 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.\11\
---------------------------------------------------------------------------

    \11\ The 2012-2014 design value for each of the 11 areas does 
not exceed 0.100 ppm, which is the threshold for reclassifying an 
area to Serious per CAA section 181(b)(2)(A)(ii) and 40 CFR 51.1103.
---------------------------------------------------------------------------

    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, 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    There are a number of significant emission reduction programs that 
will lead to reductions of ozone precursors, and that are in place 
today or are expected to be in place by 2017 to meet the July 20, 2018 
attainment date for the 2008 ozone NAAQS Moderate areas. Examples of 
such rules include state

[[Page 51998]]

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

    \13\ 79 FR 23414 (April 29, 2014). Control of Air Pollution From 
Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards.

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

D. Moderate Area SIP Revision Submission Deadline

    For each new Moderate ozone nonattainment area, the states 
responsible for managing air quality in the 11 areas identified in 
Table 4 will be required to submit a revised SIP that addresses the 
CAA's Moderate nonattainment area requirements, as interpreted and 
described in the final SIP Requirements Rule for the 2008 ozone NAAQS. 
See 40 CFR 51.1100 et seq. Those requirements include: (1) an 
attainment demonstration (CAA section 182(b) and 40 CFR 51.1108); (2) 
provisions for RACT (CAA section 182(b)(2) and 40 CFR 51.1112(a)-(b)) 
and RACM (CAA section 172(c)(1) and 40 CFR 51.1112(c)); (3) reasonable 
further progress (RFP) reductions in VOC and/or NOX 
emissions in the area (CAA sections 172(c)(2) and 182(b)(1) and 40 CFR 
51.1110); (4) contingency measures to be implemented in the event of 
failure to meet a milestone or to attain the standard (CAA section 
172(c)(9)); (5) a vehicle inspection and maintenance program, if 
applicable (CAA section 181(b)(4) and 40 CFR 51.350); and, (6) 
NOX and VOC emission offsets at a ratio of 1.15 to 1 for 
major source permits (CAA section 182(b)(5) and 40 CFR 51.165(a)). See 
also the requirements for Moderate ozone nonattainment areas set forth 
in CAA section 182(b) and the general nonattainment plan provisions 
required under CAA section 172(c).\14\
---------------------------------------------------------------------------

    \14\ All 11 of the areas reclassified to Moderate except Denver-
Boulder-Greeley-Fort Collins-Loveland, CO have been classified 
Moderate or higher classification for a prior ozone NAAQS.
---------------------------------------------------------------------------

    As noted elsewhere in this preamble, when an area is reclassified 
under CAA section 181(b)(2), CAA section 182(i) directs that the state 
shall meet the new requirements according to the schedules prescribed 
in those requirements. It provides, however, ``that the Administrator 
may adjust any applicable deadlines (other than attainment dates) to 
the extent such adjustment is necessary or appropriate to assure 
consistency among the required submissions.'' CAA section 182(b), as 
interpreted by 40 CFR 51.1100 et seq., describes the required SIP 
revisions and associated deadlines for a nonattainment area classified 
as Moderate at the time of the initial designations. However, these SIP 
submission deadlines (e.g., 3 years after the effective date of 
designation for submission of an attainment plan and attainment 
demonstration) have already passed. Accordingly, the EPA is proposing 
to exercise its discretion under CAA section 182(i) to adjust the SIP 
submittal deadlines for these 11 new Moderate nonattainment areas.
    In determining an appropriate deadline for the Moderate area SIP 
revisions for these 11 areas, the EPA notes that pursuant to 40 CFR 
51.1108(d), for each nonattainment area, the state must provide for 
implementation of all control measures needed for attainment no later 
than the beginning of the attainment year ozone season. The attainment 
year ozone season is the ozone season immediately preceding a 
nonattainment area's attainment date. In the case of nonattainment 
areas classified as Moderate for the 2008 ozone NAAQS, the attainment 
year ozone season is the 2017 ozone season (40 CFR 51.1100(g)). The 
ozone season is the ozone monitoring season as defined in 40 CFR part 
58, appendix D, section 4.1, Table D-3 (October 17, 2006, 71 FR 61236). 
We note that the EPA has proposed changes to the ozone monitoring 
season in its most recent proposal to revise the ozone NAAQS (79 FR 
75234, December 17, 2014). For the purposes of reclassification for the 
11 Marginal nonattainment areas identified in this proposal, Table 5 
provides the starting month of the ozone monitoring season for each 
state with one of the 11 Marginal areas as currently codified in the 
EPA's regulations. Table 5 also includes the December 17, 2014, 
proposed changes, if any, to the beginning of the ozone monitoring 
season in such states. If the proposed changes to the beginning of the 
ozone

[[Page 51999]]

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

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

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

[[Page 52000]]

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

E. Summary of Proposed Actions

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

[[Page 52001]]

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

IV. Environmental Justice Considerations

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

V. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act (PRA)

    The information collection activities associated with this proposed 
rule were submitted for approval to the OMB under the PRA as part of 
the information collection assessment for the 2008 ozone NAAQS SIP 
Requirements Rule. The Information Collection Request (ICR) document 
prepared by the EPA has been assigned the EPA ICR number 2347.01. You 
can find a copy of the ICR in the docket for the 2008 ozone NAAQS SIP 
Requirements Rule \15\ (EPA-HQ-OAR-2010-0885), and in the docket for 
this rule (EPA-HQ-OAR-2015-0468). The ICR is briefly summarized here.
---------------------------------------------------------------------------

    \15\ 80 FR 12264, March 6, 2015.
---------------------------------------------------------------------------

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

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. The proposed 
determinations of attainment and failure to attain the 2008 ozone NAAQS 
(and resulting reclassifications), and the proposed determination to 
grant 1-year attainment date extensions do not in and of themselves 
create any new requirements beyond what is mandated by the CAA. 
Instead, this rulemaking only makes factual determinations, and does 
not directly regulate any entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
state, local or tribal governments or the private sector.

[[Page 52002]]

E. Executive Order 13132: Federalism

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

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

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

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

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

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

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

I. National Technology Transfer Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

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

List of Subjects in 40 CFR Part 52

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

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

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


