[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Rules and Regulations]
[Pages 10376-10383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04810]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2016-0202; FRL-9975-23-OAR]
RIN 2060-AT41


Implementation of the 2015 National Ambient Air Quality Standards 
for Ozone: Nonattainment Area Classifications Approach

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this final rule, the EPA is establishing the air quality 
thresholds that define the classifications assigned to all 
nonattainment areas for the 2015 ozone national ambient air quality 
standards (NAAQS) (the ``2015 ozone NAAQS'') promulgated on October 1, 
2015. This final rule also establishes the timing of attainment dates 
for each nonattainment area classification.

DATES: This final rule is effective on May 8, 2018.

ADDRESSES: The EPA has established a docket for this action, identified 
by Docket ID No. EPA-HQ-OAR-2016-0202. All documents in the docket are 
listed in the http://www.regulations.gov website. Although listed in 
the index, some information may not be publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy. Publicly available docket materials are available 
electronically in http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For further general information on 
this rule, contact Mr. Robert Lingard, Office of Air Quality Planning 
and Standards (OAQPS), Air Quality Policy Division, U.S. EPA, Mailcode 
539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; by 
telephone at (919) 541-5272; or by email at [email protected]; or 
Mr. Butch Stackhouse, OAQPS, Air Quality Policy Division, U.S. EPA, 
Mailcode 539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 
27711; by telephone at (919) 541-5208; or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    Entities potentially affected directly by this final rule include 
state, local and tribal governments and air pollution control agencies 
(air agencies) responsible for attainment and maintenance of the ozone 
NAAQS. Entities potentially affected indirectly by this proposed rule 
as regulated sources include owners and operators of sources of 
emissions of volatile organic compounds (VOCs) and nitrogen oxides 
(NOX) that contribute to ground-level ozone formation.

B. 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 Federal Register document will be posted at http://www.epa.gov/ozone-pollution.

C. How is this document organized?

    The information presented in this document is organized as follows:

I. General Information
    A. Does this action apply to me?

[[Page 10377]]

    B. Where can I get a copy of this document and other related 
information?
    C. How is this document organized?
II. Background
III. Application of Classification Provisions in CAA Section 181 to 
Nonattainment Areas Subject to Subpart 2 of Part D of Title I of the 
CAA
    A. Background and Summary of the Proposal
    B. Brief Summary of Comments on the Proposed Rule and the EPA's 
Responses
    C. Final Action
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. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTA)
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    L. Congressional Review Act (CRA)
    M. Judicial Review
VI. Statutory Authority

II. Background

    On October 1, 2015,\1\ the EPA promulgated a rule that revised the 
primary and secondary 8-hour NAAQS for ozone to a level of 0.070 parts 
per million (ppm).\2\ \3\ Revisions to the ozone NAAQS trigger a 
process set forth in section 107 of the Clean Air Act (CAA or Act), in 
which states recommend area designations (i.e., as nonattainment, 
attainment, or unclassifiable with respect to the revised standards) to 
the EPA, and the EPA then evaluates air quality data and other factors 
prior to making final area designations. In accordance with CAA section 
181(a)(1), an area designated as nonattainment for a revised ozone 
NAAQS must be classified, at the time of designation, as Marginal, 
Moderate, Serious, Severe or Extreme, depending on the severity of the 
ozone air quality problem in that nonattainment area.
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    \1\ See 80 FR 65292 (October 26, 2015).
    \2\ Compliance with the NAAQS is computed based on the annual 
fourth highest daily maximum 8-hour average concentration, averaged 
over 3 years. For a detailed explanation of the calculation of the 
3-year 8-hour average, see 40 CFR part 50, appendix P.
    \3\ Since the 2015 primary and secondary NAAQS for ozone are 
identical, for convenience, we refer to both as ``the 2015 ozone 
NAAQS'' or ``the 2015 ozone standards.''
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    On November 17, 2016, the EPA proposed a set of nonattainment area 
classification thresholds and associated attainment dates, as well as 
other NAAQS implementation-related provisions including submittal 
deadlines and specific CAA requirements for the content of 
nonattainment area and Ozone Transport Region state implementation 
plans (SIPs), for the 2015 ozone NAAQS (81 FR 81276). With this action, 
we are finalizing the set of nonattainment area classification 
thresholds and associated attainment dates, which will apply when the 
EPA promulgates final nonattainment area designations for the 2015 
ozone NAAQS.\4\ The public comment period on the November 17, 2016, 
notice of proposed rulemaking (NPRM) (November 2016 proposal) ran from 
November 17, 2016, to February 13, 2017. The EPA received approximately 
80 comment submissions on the NPRM, approximately 20 of which addressed 
the EPA's proposed nonattainment area classifications approach. The 
preamble to this final classifications rule for the 2015 ozone NAAQS 
discusses the comments received and how they were considered by the EPA 
in general terms. The Response to Comments document provides more 
detailed responses to the comments received. The public comments 
received on the NPRM and the EPA's Response to Comment document are 
posted in the docket at http://www.regulations.gov (Docket ID No. EPA-
HQ-OAR-2016-0202).
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    \4\ The EPA intends to finalize, where appropriate, the other 
portions of the November 17, 2016, proposed rule in a separate 
action.
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    We are taking two actions in this final rule: (1) Establishing the 
air quality thresholds that define each of the five CAA classifications 
for areas designated nonattainment for the 2015 ozone NAAQS; and (2) 
establishing the attainment deadline associated with each 
classification. The EPA also proposed in the November 2016 proposal to 
apply previous voluntary reclassifications for six areas in California 
to the revised 2015 ozone NAAQS. Consistent with California's most 
recent request, EPA intends to finalize these voluntary 
reclassifications for five areas separately with its final 
nonattainment area designations for the 2015 ozone NAAQS.

III. Application of Classification Provisions in CAA Section 181 to 
Nonattainment Areas Subject to Subpart 2 of Part D of Title I of the 
CAA

A. Background and Summary of the Proposal

1. Background
    On November 17, 2016, the EPA proposed numerical ozone air quality 
thresholds for classifying nonattainment areas for the 2015 ozone NAAQS 
(81 FR 81283). In accordance with CAA section 181(a)(1), each area 
designated as nonattainment for the 2015 ozone NAAQS must be classified 
at the time of designation. Accordingly, the EPA is finalizing 
classification thresholds on or before the date that it issues final 
nonattainment area designations.
    Under Subpart 2 of part D of title I of the CAA, state planning and 
emissions control requirements for ozone are determined, in part, by a 
nonattainment area's classification. Under subpart 2, ozone 
nonattainment areas are initially classified based on the severity of 
their ozone levels, as determined by the area's design value (DV),\5\ 
relative to the lower and upper DV thresholds for each classification. 
Nonattainment areas with a ``lower'' classification have ozone levels 
at the time of designation that are closer to the standard than areas 
with a ``higher'' classification. Ozone nonattainment areas in the 
lower classification levels have fewer initial mandatory air quality 
planning and control requirements than those in higher classifications. 
Clean Air Act section 181 provides an increasing amount of maximum time 
from the date of designation to attain the standards for the 
progressively higher classifications: Marginal--3 years, Moderate--6 
years, Serious--9 years, Severe--15 or 17 years, and Extreme--20 years.
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    \5\ Annual fourth highest daily maximum 8-hour average ozone 
concentration, averaged over 3 years. For a detailed explanation of 
the calculation of the 3-year 8-hour average, see 40 CFR part 50, 
appendix P.
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    The CAA provides mechanisms for addressing nonattainment areas that 
may not be able to attain by the attainment date for their 
classification, or that fail to attain by that date. CAA section 
181(a)(4) provides that within 90 days of designation and 
classification, the Administrator may exercise discretion to reclassify 
an area to a higher (or lower) classification if its DV is within 5 
percent of the DV range of the higher (or lower) classification. An air 
agency may also voluntarily request, pursuant to CAA section 181(b)(3), 
that the EPA reclassify the area to a higher classification. The EPA 
may not deny

[[Page 10378]]

and must approve any such voluntary reclassification requests. Once an 
area is reclassified to a higher classification, it becomes subject to 
the associated additional planning and control requirements for that 
higher classification, and must attain the standard no later than the 
maximum attainment date for that classification. Six nonattainment 
areas in California were granted voluntary reclassifications for both 
the 1997 and 2008 ozone NAAQS (77 FR 30165; May 21, 2012), which we 
proposed in the November 2016 proposal to apply for the 2015 ozone 
NAAQS. Finally, if the EPA determines that an area has failed to attain 
the standard by the applicable attainment date, CAA section 181(b)(2) 
requires EPA to reclassify that area to a higher classification (i.e., 
``bump-up'').
2. Summary of the Proposal
    For purposes of the 2015 ozone NAAQS, the EPA proposed to retain 
the ``percent-above-the-standard'' (PATS) methodology used to establish 
area classification thresholds for the 1997 and 2008 8-hour ozone NAAQS 
(81 FR 81283; November 17, 2016). As the EPA explained in our proposal, 
the PATS approach is rooted in the classification thresholds 
established for the ozone standard in effect at the time of the 1990 
CAA amendments, which was a 1-hour exceedance-based standard of 0.12 
ppm.\6\ The classification provisions in Table 1 in section 181 of 
subpart 2 of the CAA (also referred to herein as the ``CAA Table 1'') 
are specific to that 1-hour standard. The EPA subsequently translated 
the CAA Table 1 thresholds for purposes of the revised 1997 ozone 
NAAQS, which were expressed in the form of a 3-year average of annual 
fourth highest daily maximum 8-hour averages.\7\ Specifically, in the 
classifications rule for the 1997 8-hour ozone NAAQS, we translated the 
classification thresholds in CAA Table 1 from 1-hour DVs to 8-hour DVs 
based on the percentage by which each classification threshold in the 
table exceeds the 1-hour ozone NAAQS (i.e., percent-above-the-standard, 
or PATS).\8\ Application of the PATS classification approach for 8-hour 
ozone NAAQS was challenged in litigation and upheld by the Court. See 
South Coast Air Quality Management District v. Environmental Protection 
Agency, 472 F.3d 882 (D.C. Cir. 2006) at 896-898. The EPA subsequently 
retained the PATS approach in its final classifications rule for the 
2008 8-hour ozone NAAQS.\9\
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    \6\ For additional discussion on the 1-hour ozone NAAQS and its 
associated area designations and classifications, see 56 FR 56695 
(November 6, 1991).
    \7\ See 69 FR 23954 (April 30, 2004) and 40 CFR Appendix I.
    \8\ The upper thresholds of the Marginal, Moderate, Serious and 
Severe classifications are precise percentages or fractions above 
the level of the standard, namely 15 percent (3/20ths more than the 
standard), 33.33 percent (one-third more than the standard), 50 
percent (one-half more than the standard), and 133.3 percent (one 
and one-third more than the standard).
    \9\ See 77 FR 30162 (May 21, 2012).
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    The EPA also proposed to retain its current approach in 
establishing attainment dates for each nonattainment area 
classification, consistent with CAA Table 1 and the regulatory approach 
for both the 1997 and 2008 ozone NAAQS (81 FR 81285; November 17, 
2016). We proposed that the maximum attainment dates for nonattainment 
areas in each classification under the 2015 NAAQS are as follows: 
Marginal--3 years from effective date of designation; Moderate--6 years 
from effective date of designation; Serious--9 years from effective 
date of designation; Severe--15 years (or 17 years) from effective date 
of designation; and Extreme--20 years from effective date of 
designation.
    Finally, the EPA proposed to again apply previous voluntary 
reclassifications for potential nonattainment areas in California to 
the revised 2015 ozone NAAQS unless the state of California explicitly 
requested otherwise in their comments to the November 2016 proposal (81 
FR 81285).\10\ These areas included Los Angeles-South Coast Air Basin, 
San Joaquin Valley, Riverside County (Coachella Valley), Sacramento 
Metro, Ventura County and Western Mojave areas. We believe this is an 
appropriate mechanism to address the situation for these California 
areas that were voluntarily reclassified for the 1997 ozone NAAQS and 
previously used this mechanism for the 2008 ozone NAAQS to ensure the 
areas would have an attainment date for the revised 2015 ozone NAAQS 
that is no earlier than the area's attainment date for the prior 2008 
NAAQS. The EPA proposed this approach in order to minimize burden on 
the state of California and obviate the need to go through the 
voluntary reclassification process again.
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    \10\ Areas for which California declines voluntary 
reclassification would be classified at the time of designation for 
the 2015 ozone NAAQS based on their DV.
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B. Brief Summary of Comments on the Proposed Rule and the EPA's 
Responses

    The EPA received approximately 20 comment submissions on its 
proposed approach for establishing nonattainment area classification 
thresholds for the 2015 ozone NAAQS. A majority (approximately two-
thirds) of the commenters supported adoption of the proposed PATS 
approach, stating that it was consistent with the CAA as well as the 
method used for classifying nonattainment areas under the 1997 and 2008 
ozone NAAQS, and has been upheld in litigation. The other one-third of 
comments suggested that EPA adopt a different classification approach, 
as addressed more fully below and in the separate Response to Comments 
document that is available in the docket for this rulemaking. The EPA 
received no significant comments regarding its proposed approach in 
establishing attainment dates for each nonattainment area 
classification under the 2015 ozone NAAQS.
    Comment: Some commenters were concerned that the proposed PATS 
approach classifies too many areas as Marginal nonattainment areas, and 
that some of those Marginal areas are unlikely to attain the standard 
within the 3 years provided by the Act. Commenters pointed out that the 
EPA's application of the PATS approach to classifications for the 2008 
ozone NAAQS resulted in more than half of all Marginal areas failing to 
achieve timely attainment of that NAAQS by the end of the 2014 ozone 
season. Because the CAA does not require states with areas classified 
as Marginal to develop attainment plans or adopt additional controls, 
commenters argue that states will not impose emission reductions 
necessary to timely achieve attainment and moreover that some of these 
Marginal areas contribute pollution to downwind areas that have 
historically struggled with attaining the NAAQS due to transported 
pollution. These commenters advocated alternative classification 
approaches, such as those considered by the EPA for the prior 2008 
ozone NAAQS, that would adjust thresholds to classify more areas as 
Moderate than the proposed PATS approach. They argue that modifying the 
EPA's proposed classification approach with the result of increasing 
the number of Moderate areas would impose needed emissions control 
requirements, provide a longer, more realistic timeframe to attain the 
ozone NAAQS, and would equitably require upwind areas that contribute 
to downwind transport to implement new control measures sooner.
    Response: The EPA recognizes that the nonattainment area 
classification thresholds established in this action would likely 
result in the vast majority of nonattainment areas being initially 
classified Marginal for the 2015 ozone NAAQS, subjecting states 
associated with these areas to fewer mandatory air quality planning and 
control

[[Page 10379]]

requirements than would apply in higher classifications. However, as 
the commenters acknowledge, the PATS approach has ``a degree of 
consistency with Congressional intent'' and has withstood judicial 
review. The EPA previously considered a number of alternative 
approaches in establishing nonattainment area classification thresholds 
for the 2008 ozone NAAQS, and commenters suggested that we reexamine 
those approaches and consider adopting one here, or adopt an entirely 
new alternative approach.\11\ We rejected the alternative approaches 
discussed in the Background Information Document that accompanied the 
classifications rule for the 2008 ozone NAAQS because we determined 
that the alternative approaches would introduce more judgment and 
uncertainty in the threshold determination process than contemplated by 
the CAA, and, thus, posed heightened legal risk. We believe the same 
considerations apply to classifications for areas designated 
nonattainment for the 2015 ozone NAAQS. As discussed in the November 
2016 proposal, the EPA utilized the PATS approach for classifying areas 
under the 1997 and 2008 8-hour ozone NAAQS, in large part, for its 
straightforward translation of the classification thresholds 
established by Congress in CAA Table 1 (81 FR 81283). As noted by 
commenters, the EPA's original PATS classification approach for the 8-
hour ozone NAAQS was challenged in litigation and upheld by the Court. 
See South Coast Air Quality Management District v. Environmental 
Protection Agency, 472 F.3d 882 (D.C. Cir. 2006) at 896-898. For these 
reasons, and despite concerns raised by commenters, the EPA is 
finalizing the PATS approach for classifications of the 2015 ozone 
NAAQS.
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    \11\ Docket No. EPA-HQ-OAR-2010-0885 includes a Background 
Information Document, titled Additional Options Considered for 
Classification of Nonattainment Areas under the 2008 Ozone NAAQS 
(January 2012).
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    Furthermore, the EPA disagrees that implementation of the 2008 
ozone NAAQS was not in keeping with Congress' design simply because 
many Marginal areas did not attain by their initial attainment 
deadline. Commenters point out that more than half of all areas 
originally classified as Marginal did not timely attain, but in fact 
more than half of all Marginal areas did attain by their attainment 
date, when attainment date extensions are included in the analysis. Of 
the 36 areas originally classified as Marginal for the 2008 ozone 
NAAQS, 17 attained by their original attainment date, and 6 additional 
areas attained by the extended attainment dates authorized under CAA 
section 181(a)(5).\12\ The EPA also does not agree with commenters' 
suggestion that the EPA should adopt a different classification scheme 
in order to address what they perceive as inequities in the interstate 
transport of ozone pollution. The statute clearly provides other 
mechanisms for states and the EPA to address interstate transport, and 
the EPA has worked in partnership with states to use those mechanisms. 
See, e.g., EME Homer City v. EPA, 696 F.3d 7 (D.C. Cir. 2012), reversed 
by EPA v. EME Homer City, 134 S. Ct. 1584 (2014), remand addressed in 
EME Homer City v. EPA, 795 F.3d 118 (D.C. Cir. 2015) (largely upholding 
the EPA's framework for addressing CAA section 110(a)(2)(D) interstate 
transport obligations).
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    \12\ Eight areas received 1-year extensions of the attainment 
date under CAA section 181(a)(5), which Congress provided for areas 
that were making good progress towards achieving the NAAQS and thus 
had air quality that was just missing the standard. Of those eight 
areas, two eventually failed to attain by their extended attainment 
date. The other six areas attained in the year following the 
original attainment date. Thus, a total of 13 original Marginal 
areas failed to attain by their applicable attainment date.
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    The adopted PATS approach has withstood legal challenge and, in 
classifying areas as Marginal, maximizes initial planning flexibility 
for air agencies, which the EPA does not believe thwarts Congress' 
intent. To the extent that states are concerned about their inability 
to timely meet the Marginal attainment deadlines, the CAA provides 
authority for them to voluntarily request a higher classification for 
individual areas, if needed. The docket for this final action includes 
a more detailed response to comments suggesting that EPA adopt an 
alternative approach that would have the effect of classifying more 
areas as Moderate.
    Comment: Some commenters suggested that the EPA allow areas the 
option to implement the 2015 ozone NAAQS under CAA section 172 (Part D, 
subpart 1), which specifies the general nonattainment planning 
requirements for all NAAQS pollutants.\13\ Implementing the 2015 ozone 
NAAQS under CAA subpart 1 could eliminate mandatory classifications and 
provide a potentially more flexible attainment timeline with fewer 
prescribed control requirements.
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    \13\ Prior to the 1990 CAA Amendments, all NAAQS nonattainment 
area requirements were specified in Part D, subpart 1. In the 1990 
Amendments, Congress added pollutant-specific subparts containing 
additional nonattainment area requirements, including subpart 2 
which applies to ozone nonattainment areas.
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    Response: The EPA attempted to implement a subpart 1 approach for 
some ozone nonattainment areas as part of a ``hybrid'' implementation 
strategy in transitioning from the 1-hour ozone NAAQS (0.12 ppm) to the 
1997 8-hour NAAQS (0.08 ppm), explaining that an area must be covered 
under CAA subpart 2 if the area's current (i.e., at the time of 
designation) 1-hour ozone DV was equal to or greater than 0.121 ppm, 
which was the lowest 1-hour DV in CAA Table 1 (69 FR 23954; April 30, 
2004--the ``Phase 1'' Rule). In South Coast, the Court rejected the 
EPA's approach to placing areas solely under the nonattainment area 
implementation provisions of CAA subpart 1, including the EPA's use of 
the CAA Table 1 threshold for deciding which areas must be covered 
under implementation of the provisions of CAA subpart 2. 472 F.3d at 
892-894. The Court concluded that such a determination must be based on 
the 8-hour ``equivalent'' to the 1-hour level specified in CAA Table 1, 
and ruled that the level that must be used is an 8-hour level of 0.09 
ppm. Id. We concur with commenters to the November 2016 proposal that 
the South Coast Court left open the possibility that EPA could develop 
a reasonable basis to place under CAA subpart 1 all or certain areas 
with an 8-hour DV below 0.09 ppm. The EPA notes, however, that the 
South Coast Court also stated in that same decision that the CAA does 
not allow the requirements of CAA subpart 2 ``to be stripped away'' on 
the basis that other provisions would allow attainment to be achieved 
more efficiently. Id. at 894.\14\ We believe that the adopted PATS 
classification thresholds approach will continue to provide states a 
pathway for consistent and flexible attainment planning across 
successive ozone standards and, absent a more robust legal basis, we 
are not adopting a CAA subpart 1 option for implementing the 2015 ozone 
NAAQS.
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    \14\ Cf. NRDC v. EPA, 706 F.3d 428 (DC Cir. 2013) (rejecting 
EPA's implementation of PM2.5 under subpart 1, instead 
requiring that PM2.5 be implemented under the ``specific, 
more stringent, and far less discretionary'' provisions of subpart 
4).
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    Comment: The California Air Resources Board (CARB) affirmed our 
proposal to apply previous voluntary reclassifications for selected 
nonattainment areas, with the exception of the Sacramento Metro area. 
As part of their comment, CARB forwarded a request from the Sacramento 
Air Quality Management District declining the voluntary 
reclassification for the Sacramento Metro area, which the District 
anticipated would be classified

[[Page 10380]]

Moderate for the 2015 ozone NAAQS (see comment no. 100 in the 
rulemaking docket).
    Response: Based on comments to the November 2016 proposal received 
from the state of California, the EPA also intends to apply previous 
voluntary reclassifications for five of the six California areas 
originally proposed. Table 1 presents the voluntary reclassification 
history for these areas across the 1997 and 2008 ozone NAAQS, and the 
anticipated initial classification and anticipated voluntary 
reclassification for each area under the 2015 ozone NAAQS. We intend to 
formally apply the previous voluntary reclassifications for these 
California areas in a separate action, along with the final 
nonattainment area designations for the 2015 ozone NAAQS.

   Table 1--Areas for Which the State of California Requested a Voluntary Reclassification Under the 1997 Ozone NAAQS and Application Under Subsequent
                                                                     Ozone Standards
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                                                                 Voluntary              Voluntary        Hypothetical initial    Anticipated voluntary
                                     Original 1997 ozone    reclassification for   reclassification for  classification under    reclassification under
        Nonattainment area           NAAQS classification     1997 ozone NAAQS       2008 ozone NAAQS    2015 ozone NAAQS \a\     2015 ozone NAAQS \a\
                                      (attainment date)      (attainment date)      (attainment date)      (attainment date)       (attainment date)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles-South Coast Air Basin.  Severe--17 (2021)....  Extreme (2024).......  Extreme (2032).......  Severe--15 (2033)...  Extreme (2038).
San Joaquin Valley................  Serious (2013).......  Extreme (2024).......  Extreme (2032).......  Serious (2027)......  Extreme (2038).
Riverside County (Coachella         Serious (2013).......  Severe--15 (2019)....  Severe--15 (2027)....  Moderate (2024).....  Severe--15 (2033).
 Valley).
Ventura County....................  Moderate (2010)......  Serious (2013).......  Serious (2021).......  Marginal (2021).....  Serious (2027).
Western Mojave....................  Moderate (2010)......  Severe--15 (2019)....  Severe--15 (2027)....  Moderate (2024).....  Severe--15 (2033).
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\a\ Based on adopted PATS classification thresholds and final 2014-2016 design values.

    It is important to note that an air agency may request a voluntary 
reclassification for an area under CAA section 181(b)(3) at any time. 
In the November 2016 proposal, the EPA encouraged any air agency that 
wanted a specific higher classification to apply to an area at the time 
of initial designation to make such a request prior to or 
contemporaneous with the designation process. However, an air agency 
that determines it would like a voluntary reclassification after an 
area's initial designation may request, and the Administrator must 
approve, a higher classification for an area for any reason in 
accordance with CAA section 181(b)(3).

C. Final Action

    The EPA is establishing nonattainment area classification 
thresholds for the 2015 ozone NAAQS using the PATS methodology applied 
previously to translate the CAA Table 1 thresholds for purposes of the 
1997 and 2008 8-hour ozone NAAQS. We are also establishing maximum 
attainment dates for each nonattainment area classification, consistent 
with CAA Table 1 and the regulatory approach for both the 1997 and 2008 
ozone NAAQS. Table 2 depicts the translation for each of the CAA Table 
1 thresholds and corresponding maximum attainment dates for each area 
classification as they would apply for the 2015 ozone NAAQS.

  Table 2--CAA Table 1 Ozone Design Value Translation to 8-Hour Design Values for the 2015 Ozone NAAQS of 0.070
       ppm Using PATS Methodology and Corresponding Maximum Attainment Dates for Each Area Classification
----------------------------------------------------------------------------------------------------------------
                                                                                                      Maximum
                                                                                                    attainment
                                                   1-hour ozone    Percent above   8-hour ozone     date (years
          Area class                                 DV (ppm)      1-hour  ozone     DV (ppm)     from effective
                                                                       NAAQS                          date of
                                                                                                   designation)
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Marginal......................  From up to \a\..           0.121           0.833           0.071               3
                                                           0.138              15           0.081
Moderate......................  From up to \a\..           0.138              15           0.081               6
                                                           0.160          33.333           0.093
Serious.......................  From up to \a\..           0.160          33.333           0.093               9
                                                           0.180              50           0.105
Severe--15....................  From up to \a\..           0.180              50           0.105              15
                                                           0.190          58.333           0.111
Severe--17....................  From up to \a\..           .0190          58.333           0.111              17
                                                           0.280         133.333           0.163
Extreme.......................  Equal to or                0.280         133.333           0.163              20
                                 above.
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\a\ But not including.

    The EPA intends to apply voluntary reclassifications for five 
California areas in a separate action with the final nonattainment area 
designations for the 2015 ozone NAAQS, in accordance with comments 
received from relevant air agencies in California. The EPA is also 
finalizing a number of regulatory definitions needed to support the 
implementation of this final classifications rule.

IV. Environmental Justice Considerations

    The EPA believes the human health or environmental risk addressed 
by this action will not have disproportionately high and adverse human 
health or

[[Page 10381]]

environmental effects on minority, low-income, or indigenous 
populations because it would not negatively affect the level of 
protection provided to human health or the environment under the 2015 
ozone NAAQS. When promulgated, these regulations will establish 
classification thresholds for the 2015 ozone NAAQS. These requirements 
are designed to protect all segments of the general population and, as 
such, will not adversely affect the health or safety of minority, low-
income or indigenous populations.

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. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. The EPA is establishing nonattainment area classification 
thresholds for the 2015 ozone NAAQS so that areas may be classified at 
the time of designation as provided in section 181(a) of the CAA. No 
new information needs to be collected from the states as a result of 
this final classifications rule.

D. 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. Entities 
potentially affected directly by this rule include state, local and 
tribal governments and none of these governments are small governments.

E. 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. The action implements mandates specifically and 
explicitly set forth in the CAA without the exercise of any policy 
discretion by the EPA.

F. 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.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. It would not have a substantial direct effect on 
one or more Indian tribes, since no tribe has to develop a tribal 
implementation plan under these regulatory revisions. Furthermore, 
these regulation revisions do not affect the relationship or 
distribution of power and responsibilities between the federal 
government and Indian tribes. The CAA and the Tribal Air Rule establish 
the relationship of the federal government and tribes in developing 
plans to attain the NAAQS, and these revisions to the regulations do 
nothing to modify that relationship. Thus, Executive Order 13175 does 
not apply to this action. Consistent with the EPA's OAR Handbook for 
Interacting with Tribal Governments, the EPA invited tribal officials 
to consult on the November 2016 proposal; however, we received no 
subsequent requests for consultation.

H. 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.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution or use of energy.

J. National Technology Transfer and Advancement Act (NTTA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous populations as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
adopted regulations establish classification thresholds for the 2015 
ozone NAAQS, which are designed to protect all segments of the general 
populations. The results of our evaluation are contained in Section IV 
of this preamble.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

M. Judicial Review

    Section 307(b)(1) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions of review of final agency actions by 
the EPA under the CAA. This section provides, in part, that petitions 
for review must be filed in the U.S. Court of Appeals for the District 
of Columbia Circuit (i) when the agency action consists of ``nationally 
applicable regulations promulgated, or final actions taken, by the 
Administrator'' or (ii) when such action is locally or regionally 
applicable, if ``such action is based on a determination of nationwide 
scope or effect and if in taking such action the Administrator finds 
and publishes that such action is based on such a determination.''
    This rule implementing the 2015 ozone NAAQS nonattainment area 
classifications is ``nationally applicable'' within the meaning of CAA 
section 307(b)(1). First, the rulemaking addresses the NAAQS that 
applies to all states and territories in the U.S. Second, the 
rulemaking addresses the classification of potential nonattainment 
areas in states across the U.S. that are located in each of the ten EPA 
regions, numerous federal circuits and multiple time zones. Third, the 
rulemaking addresses a common core of knowledge and analysis involved 
in formulating the decision and a common interpretation of the 
requirements of the CAA being applied to potential nonattainment areas 
in states across the country. Fourth, the rulemaking, by addressing 
issues relevant to potential nonattainment area classifications in one 
state, may have

[[Page 10382]]

precedential impacts upon potential nonattainment area classifications 
in other states nationwide. Courts have found similar implementation 
rulemaking actions to be of nationwide scope and effect.\15\
---------------------------------------------------------------------------

    \15\ See, e.g., State of Texas, et al. v. EPA, 2011 U.S. App. 
LEXIS 5654 (5th Cir. 2011) (finding SIP call to 13 states to be of 
nationwide scope and effect and thus transferring the case to the 
U.S. Court of Appeals for the D.C. Circuit in accordance with CAA 
section 307(b)(1)).
---------------------------------------------------------------------------

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the District of Columbia Circuit by May 8, 2018. Any such judicial 
review is limited to only those objections that are raised with 
reasonable specificity in timely comments. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed and shall not postpone the effectiveness of such rule or action. 
Under section 307(b)(2) of the Act, the requirements of this final 
action may not be challenged later in civil or criminal proceedings 
brought by us to enforce these requirements.

VI. Statutory Authority

    The statutory authority for this action is provided by sections 
109; 110; 172; 181; and 301(a)(1) of the CAA, as amended (42 U.S.C. 
7409; 42 U.S.C. 7410; 42 U.S.C. 7502; 42 U.S.C. 7511; 42 U.S.C. 
7601(a)(1)).

List of Subjects in 40 CFR Part 51

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Particulate matter, Transportation, Volatile organic 
compounds.

    Dated: March 1, 2018.
E. Scott Pruitt,
Administrator.

    For the reasons stated in the preamble, 40 CFR part 51 is amended 
as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

0
2. Add subpart CC, consisting of Sec. Sec.  51.1300 through 51.1303, to 
read as follows:
Subpart CC--Provisions for Implementation of the 2015 Ozone National 
Ambient Air Quality Standards
Sec.
51.1300 Definitions.
51.1301 Applicability of this part.
51.1302 Classification and nonattainment area planning provisions.
51.1303 Application of classification and attainment date provisions 
in CAA section 181 to areas subject to Sec.  51.1302.

Subpart CC--Provisions for Implementation of the 2015 Ozone 
National Ambient Air Quality Standards


Sec.  51.1300  Definitions.

    The following definitions apply for purposes of this subpart. Any 
term not defined herein shall have the meaning as defined in Sec.  
51.100.
    (a) 2015 NAAQS. The 2015 8-hour primary and secondary ozone NAAQS 
codified at 40 CFR 50.19.
    (b) 8-hour ozone design value. The 8-hour ozone concentration 
calculated according to 40 CFR part 50, appendix P, for the 2008 NAAQS, 
and 40 CFR part 50, appendix U, for the 2015 NAAQS.
    (c) CAA. The Clean Air Act as codified at 42 U.S.C. 7401-7671q 
(2010).
    (d) Designation for a NAAQS. The effective date of the designation 
for an area for that NAAQS.
    (e) Higher classification/lower classification. For purposes of 
determining whether a classification is higher or lower, 
classifications under subpart 2 of part D of title I of the CAA are 
ranked from lowest to highest as follows: Marginal; Moderate; Serious; 
Severe-15; Severe-17; and Extreme.


Sec.  51.1301  Applicability of this part.

    The provisions in subparts A through Y and AA of this part apply to 
areas for purposes of the 2015 ozone NAAQS to the extent they are not 
inconsistent with the provisions of this subpart.


Sec.  51.1302  Classification and nonattainment area planning 
provisions.

    An area designated nonattainment for the 2015 ozone NAAQS will be 
classified in accordance with CAA section 181, as interpreted in Sec.  
51.1303(a), and will be subject to the requirements of subpart 2 of 
part D of title I of the CAA that apply for that classification.


Sec.  51.1303  Application of classification and attainment date 
provisions in CAA section 181 to areas subject to Sec.  51.1302.

    (a) In accordance with CAA section 181(a)(1), each area designated 
nonattainment for the 2015 ozone NAAQS shall be classified by operation 
of law at the time of designation. The classification shall be based on 
the 8-hour design value for the area at the time of designation, in 
accordance with Table 1 of this paragraph (a). A state may request a 
higher or lower classification as provided in paragraphs (b) and (c) of 
this section. For each area classified under this section, the 
attainment date for the 2015 NAAQS shall be as expeditious as 
practicable, but not later than the date provided in Table 1 as 
follows:

Table 1 to Paragraph (a)--Classifications and Attainment Dates for 2015 8-Hour Ozone NAAQS (0.070 ppm) for Areas
                                            Subject to Sec.   51.1302
----------------------------------------------------------------------------------------------------------------
                                                                                             Primary standard
                                                                         8-hour ozone    attainment date  (years
               Area class                                                design value      after the effective
                                                                            (ppm)        date of designation for
                                                                                           2015 primary NAAQS)
----------------------------------------------------------------------------------------------------------------
Marginal................................  from up to *..............              0.071                        3
                                                                                  0.081
Moderate................................  from up to *..............              0.081                        6
                                                                                  0.093
Serious.................................  from up to *..............              0.093                        9
                                                                                  0.105
Severe-15...............................  from up to *..............              0.105                       15
                                                                                  0.111

[[Page 10383]]

 
Severe-17...............................  from up to *..............              0.111                       17
                                                                                  0.163
Extreme.................................  equal to or above.........              0.163                       20
----------------------------------------------------------------------------------------------------------------
* But not including.

    (b) A state may request, and the Administrator must approve, a 
higher classification for an area for any reason in accordance with CAA 
section 181(b)(3).
    (c) A state may request, and the Administrator may in the 
Administrator's discretion approve, a higher or lower classification 
for an area in accordance with CAA section 181(a)(4).

[FR Doc. 2018-04810 Filed 3-8-18; 8:45 am]
 BILLING CODE 6560-50-P


