[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Rules and Regulations]
[Pages 44238-44254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17796]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-HQ-OAR-2018-0226; FRL-9998-28-OAR]
RIN 2060-AT97


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action for 11 ozone nonattainment areas that are classified as 
``Moderate'' for the 2008 ozone national ambient air quality standards 
(NAAQS). First, the agency is determining that two Moderate areas--
Baltimore, Maryland, and Mariposa County, California--attained the 
standards by the July 20, 2018, applicable attainment date. Second, the 
agency is granting a 1-year attainment date extension for the two 
Moderate areas in Sheboygan County, Wisconsin--Inland Sheboygan County, 
Wisconsin, and Shoreline Sheboygan County, Wisconsin. Third, the agency 
is determining that seven Moderate areas failed to attain the standards 
by the applicable attainment date--Chicago-Naperville, Illinois-
Indiana-Wisconsin; Dallas-Fort Worth, Texas; Greater Connecticut, 
Connecticut; Houston-Galveston-Brazoria, Texas; Nevada County (Western 
part), California; New York-North New Jersey-Long Island, New York-New 
Jersey-Connecticut; and San Diego County, California. The effect of 
failing to attain by the applicable attainment date is that these areas 
will be reclassified by operation of law to ``Serious'' nonattainment 
for the 2008 ozone NAAQS on September 23, 2019, the effective date of 
this final rule. Accordingly, the responsible state air agencies must 
submit State Implementation Plan (SIP) revisions and implement controls 
to satisfy the statutory and regulatory requirements for Serious areas 
for the 2008 ozone

[[Page 44239]]

NAAQS according to the deadlines established in this final rule.

DATES: This rule is effective on September 23, 2019.

ADDRESSES: The EPA established Docket ID No. EPA-HQ-OAR-2018-0226 for 
this action. All documents on the docket are listed at https://www.regulations.gov. Although listed in the docket index, some 
information may not be publicly available, e.g., Confidential Business 
Information (CBI) or other information for which 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 form. Docket materials are available electronically 
to the public through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For further general information on 
this final rule, contact Ms. Virginia Raps, Air Quality Policy 
Division, Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Mail Code: C539-01, Research Triangle 
Park, NC 27711, telephone (919) 541-4383; fax number: (919) 541-5315; 
email address: raps.virginia@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Proposed Actions
    A. Proposed Determinations of Attainment by the Attainment Date, 
Determinations of Failure To Attain by the Attainment Date and 
Extensions of the Attainment Date
    B. Proposed Serious Area SIP Submission Due Dates and RACT 
Implementation Deadlines
II. Significant Events Following EPA's November 2018 Proposal
III. Final Actions
    A. Determinations of Attainment by the Attainment Date
    B. Extension of Moderate Area Attainment Date
    C. Determinations of Failure To Attain and Reclassification
    D. Serious Area SIP Revision Submission Deadlines and RACT 
Implementation Deadlines
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 That Significantly Affect 
Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    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

I. Proposed Actions

A. Proposed Determinations of Attainment by the Attainment Date, 
Determinations of Failure To Attain by the Attainment Date and 
Extensions of the Attainment Date

    On November 14, 2018, the EPA proposed actions to fulfill its 
statutory obligation under Clean Air Act (CAA or the Act) section 181 
to determine whether 11 Moderate ozone nonattainment areas attained the 
2008 ozone NAAQS by July 20, 2018, the applicable attainment date for 
such areas.\1\
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    \1\ 83 FR 56781, November 14, 2018 (FR is the Federal Register).
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    First, the EPA proposed to find that two areas--Baltimore, 
Maryland, and Mariposa County, California--attained the 2008 ozone 
NAAQS by the applicable attainment date based on complete, quality-
assured and certified ozone air quality monitoring data for the 2015-
2017 calendar years.
    Second, the EPA proposed to grant state requests for a 1-year 
extension of the attainment date from July 20, 2018, to July 20, 2019, 
for two areas--Denver-Boulder-Greeley-Ft. Collins-Loveland, Colorado, 
and Sheboygan County, Wisconsin. The proposed extensions were based on 
the states' specific requests for such extensions and compliance with 
the criteria under CAA section 181(a)(5)(B) and 40 CFR 51.1107,\2\ 
i.e., the fourth highest daily maximum 8-hour average ozone 
concentration recorded in each area during the attainment year (2017 
calendar year) did not exceed the 2008 ozone NAAQS level of 0.075 parts 
per million (ppm), and the states certified that they were in 
compliance with all requirements and commitments pertaining to the 
areas in their respective applicable implementation plans. The EPA 
proposed that upon the effective date of a final reclassification 
action, the attainment date for these areas would be extended to July 
20, 2019.
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    \2\ CFR is Code of Federal Regulations.
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    Third, the EPA proposed to find that seven areas failed to attain 
the 2008 ozone NAAQS by the applicable attainment date and did not 
qualify for a 1-year attainment date extension: Chicago-Naperville, 
Illinois-Indiana-Wisconsin; Dallas-Fort Worth, Texas; Greater 
Connecticut, Connecticut; Houston-Galveston-Brazoria, Texas; Nevada 
County (Western part), California; New York-North New Jersey-Long 
Island, New York-New Jersey-Connecticut; and San Diego County, 
California. The proposed determination for each of these areas was 
based upon complete, quality-assured and certified ozone air quality 
monitoring data that showed that the 8-hour ozone design value for the 
area exceeded 0.075 ppm for the period 2015-2017. The EPA proposed that 
these seven areas would be reclassified as Serious nonattainment areas 
by operation of law on the effective date of a final action finding 
that these areas failed to attain the 2008 ozone NAAQS by the 
applicable attainment date for Moderate areas.\3\ A summary of the 
actions proposed for the 11 areas in the November 14, 2018, document is 
provided in Table 1.
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    \3\ See CAA section 181(b)(2)(A).

          Table 1--Summary of November 2018 Proposal for 2008 Ozone NAAQS Moderate Nonattainment Areas
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                                                                                                Area failed to
                                                    Attained the 2008                         attain 2008 ozone
    2008 Ozone NAAQS Moderate         2015-2017     ozone NAAQS by the    2017 4th highest    NAAQS but eligible
        Nonattainment Area          design value   moderate attainment   daily maximum 8-hr       for 1-year
                                        (ppm)             date?            average (ppm)       attainment date
                                                                                                  extension
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Baltimore, MD....................           0.075  Attained...........  Not applicable.....  Not applicable.
Chicago-Naperville, IL-IN-WI.....           0.078  Failed to attain...  0.079..............  No.
Dallas-Fort Worth, TX............           0.079  Failed to attain...  0.077..............  No.

[[Page 44240]]

 
Denver-Boulder-Greeley-Ft.                  0.079  Failed to attain...  0.075..............  Yes.
 Collins-Loveland, CO.
Greater Connecticut, CT..........           0.076  Failed to attain...  0.078..............  No.
Houston-Galveston-Brazoria, TX...           0.081  Failed to attain...  0.079..............  No.
Mariposa County, CA..............           0.075  Attained...........  Not applicable.....  Not applicable.
Nevada County (Western part), CA.           0.087  Failed to attain...  0.090..............  No.
New York-N. New Jersey-Long                 0.083  Failed to attain...  0.086..............  No.
 Island, NY-NJ-CT.
San Diego County, CA.............           0.084  Failed to attain...  0.090..............  No.
Sheboygan County, WI.............           0.080  Failed to attain...  0.075..............  Yes.
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B. Proposed Serious Area SIP Submission Due Dates and RACT 
Implementation Deadlines

    In the November 2018 proposal, the EPA also solicited comment on 
adjusting the due dates, in accordance with CAA section 182(i), for SIP 
submissions and setting deadlines for implementation of reasonably 
available control technology (RACT) for ozone nonattainment areas that 
would be reclassified to Serious. Under CAA section 181(b)(2), Moderate 
nonattainment areas that fail to attain the 2008 ozone NAAQS by the 
applicable attainment date for such areas will be reclassified as 
Serious by operation of law upon the effective date of the final 
reclassification action. Each responsible state air agency must 
subsequently submit a SIP revision that satisfies the air quality 
planning requirements for a Serious area under CAA section 182(c).
    On July 20, 2012, when final nonattainment designations became 
effective for the 2008 ozone NAAQS, states responsible for areas 
initially classified as Serious were required to submit SIP revisions 
by due dates relative to that effective date. For those areas, the SIP 
submission due dates ranged from 2 to 4 years after July 20, 2012, 
depending on the required SIP ``element'' (e.g., 2 years, or July 20, 
2014, for the RACT SIP, and 4 years, or July 20, 2016, for the 
attainment demonstration). Since those dates have passed, the EPA 
proposed in its November 2018 proposal to apply the Administrator's 
discretion provided in CAA section 182(i) to adjust the Serious area 
SIP due dates and certain implementation deadlines for newly 
reclassified areas. CAA section 182(i) requires that reclassified areas 
meet the applicable plan submission requirements ``according to the 
schedules prescribed in connection with such requirements, except 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.'' 
With regard to RACT, the November 2018 proposal made a distinction 
between RACT measures that would be needed for purposes of meeting 
reasonable further progress (RFP) requirements or for attaining the 
NAAQS expeditiously, and the possible set of RACT measures that 
nevertheless are required to be adopted and implemented under the CAA 
but would not necessarily be needed for a state to meet RFP or 
demonstrate timely attainment in a particular nonattainment area.\4\ In 
this final action, these two ``categories'' of RACT measures are 
referred to as ``RACT measures tied to attainment'' and ``RACT measures 
not tied to attainment,'' respectively.
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    \4\ See 83 FR 62998, December 6, 2018; 40 CFR 51.1312(a)(2).
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    First, the EPA proposed that states submit Serious area SIP 
revisions (including RACT measures tied to attainment) and implement 
those RACT measures no later than 12 months from the effective date of 
the final reclassification action. Second, the EPA proposed the date 
for submitting SIP revisions addressing RACT measures not tied to 
attainment and implementing those measures as August 3, 2020, which is 
the deadline for areas classified Moderate and higher for the 2015 
ozone NAAQS to submit RACT SIP revisions.\5\ At the time of proposal, 
the EPA estimated that August 3, 2020 would be approximately 18 months 
after the effective date of its final reclassification action.\6\ In 
the proposal, the EPA requested comment on an alternative that would 
allow states to submit SIP revisions addressing RACT measures not tied 
to attainment no later than 24 months from the effective date of the 
final reclassification action. The EPA also requested comment on 
whether a longer timeframe for implementing RACT measures not tied to 
attainment (but no later than January 1, 2024, i.e., providing 5 years 
from the anticipated date of reclassification,) would result in 
significant emission reductions and improvement in air quality. The 
EPA's rationale supporting its proposed due dates and deadlines is 
summarized in the following sections.
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    \5\ See 83 FR 62998, December 6, 2018; 40 CFR 51.1312(a)(2).
    \6\ See 83 FR 56781, November 14, 2018.
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    1. Proposed due date for Serious-area SIP revisions (including RACT 
measures tied to attainment), and Proposed implementation deadline for 
RACT measures tied to attainment. The EPA proposed that states submit 
all Serious-area SIP revisions--with the exception of any RACT measures 
not tied to attainment--by no later than 12 months after the effective 
date of the final reclassification action.\7\ The state

[[Page 44241]]

submittal requirements for nonattainment areas, in general, are 
provided under CAA section 172(c); the SIP requirements that apply 
specifically to Serious areas are listed under CAA section 182(c) and 
include: (1) Enhanced monitoring; (2) an attainment demonstration and 
RFP; (3) an enhanced vehicle inspection and maintenance program, if 
applicable; (4) clean-fuel vehicle programs and transportation control 
measures; (5) nonattainment New Source Review (NSR) program revisions; 
and (6) contingency measures. States must also provide an analysis of--
and adopt all--reasonably available control measures (RACM), including 
RACT needed for purposes of meeting RFP or timely attaining the NAAQS. 
In the case of areas that are reclassified from Moderate to Serious for 
the 2008 ozone NAAQS, such an analysis should include: (1) An 
evaluation of controls for sources emitting 100 tons per year (tpy) or 
more that may have become reasonably available since the January 1, 
2017, Moderate area deadline for adopting and implementing RACT, and 
(2) an evaluation of controls for sources emitting 50 tpy or more that 
are currently reasonably available, consistent with the definition of 
``major source'' or ``major stationary source'' for areas classified as 
Serious.\8\
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    \7\ The EPA has long taken the position that the statutory 
requirement for states to assess and adopt RACT for sources in ozone 
nonattainment areas classified Moderate and higher generally exists 
independently from the attainment planning requirements for such 
areas. See Memo from John Seitz, ``Reasonable Further Progress, 
Attainment Demonstration, and Related Requirements for Ozone 
Nonattainment Areas Meeting the Ozone National Ambient Air Quality 
Standard'' (1995), at 5 (explaining that Subpart 2 requirements 
linked to the attainment demonstration are suspended by a finding 
that a nonattainment area is attaining but that requirements such as 
RACT must be met whether or not an area has attained the standard); 
see also 40 CFR 51.1118 (suspending attainment demonstrations, RACM, 
RFP, contingency measures, and other attainment planning SIPs with a 
finding of attainment). In addition to the independent RACT 
requirement, states have a statutory obligation to apply RACM 
(including such reductions in emissions from existing sources in the 
area as may be obtained through implementation of RACT) to meet RFP 
requirements and to demonstrate attainment as expeditiously as 
practicable. Therefore, to the extent that a state adopts new or 
additional RACT controls to meet RFP requirements or to demonstrate 
attainment as expeditiously as practicable, those states must 
include such RACT revisions with the other SIP elements due as part 
of the attainment plan required under CAA sections 172(c) and 182(c) 
and must implement them by the same date as explained further in 
Section III.D.3 of this preamble.
    \8\ See CAA section 182(c).
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    In CAA section 182(c), the schedule for submitting attainment 
planning requirements for Serious areas is 4 years from the effective 
date of nonattainment designation.\9\ As such, in accordance with CAA 
section 182(i), EPA believed it was necessary to establish a shorter 
deadline for all areas being reclassified to Serious, given that a due 
date 4 years beyond reclassification would well surpass the Serious 
area attainment date of July 20, 2021. EPA therefore proposed a 12-
month deadline for the Serious area attainment planning requirements 
believing this timeframe to be appropriate for all the newly 
reclassified areas, given that these areas are being reclassified 
rather than newly designated, classified as Serious and have therefore 
been adopting and implementing control measures to attain the 2008 
ozone NAAQS for many years. The EPA considered the proposed timeframe 
to be consistent with how the EPA handled setting SIP submission 
deadlines for other nonattainment areas that were reclassified from 
Moderate to Serious for past ozone NAAQS. Examples include Dallas-Ft. 
Worth, Texas,\10\ an area reclassified in 2010 as Serious for the 1997 
8-hour ozone NAAQS, and the Beaumont-Port Arthur, Texas,\11\ and St. 
Louis, Missouri,\12\ nonattainment areas, reclassified in 2003 and 
2004, respectively, from Moderate to Serious for the 1979 1-hour ozone 
NAAQS. Based on these examples, the EPA considered that 12 months would 
generally provide the time necessary for states and local air districts 
to finish reviews of available control measures, adopt revisions to 
necessary attainment strategies, address other SIP requirements and 
complete the public notice process necessary to adopt and submit timely 
SIP revisions.\13\
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    \9\ See CAA section 182(c)(2) and (i) for SIP submissions and 
requirements.
    \10\ See 75 FR 79302, December 20, 2010, Dallas-Ft. Worth, 
Texas, reclassification to Serious for the 1997 8-hour ozone NAAQS.
    \11\ See 69 FR 16483, March 30, 2004, Beaumont-Port Arthur, 
Texas, reclassification to Serious for the 1979 1-hour ozone NAAQS.
    \12\ See 68 FR 4836, January 30, 2003, St. Louis, Missouri, 
reclassification to Serious for the 1979 1-hour ozone NAAQS.
    \13\ Cf. CAA section 179(d)(1).
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    The EPA also proposed that any RACT that states determine is needed 
for meeting RFP or timely attainment of the 2008 ozone NAAQS would need 
to be implemented by the date that the attainment plan is due, i.e., no 
later than 12 months after the effective date of the final 
reclassification action. As a general matter, the Act requires 
implementation of those requirements needed for timely attainment ``as 
expeditiously as practicable.'' \14\ The EPA considered an 
implementation deadline of 12 months from the anticipated effective 
date of the final reclassification action to be consistent with the 
requirement to act expeditiously. Moreover, at the time of the November 
2018 proposal, EPA anticipated that a 12-month deadline would be 
generally consistent with the start of the attainment year ozone season 
for all 2008 ozone NAAQS Serious areas (early 2020). Ideally, all 
emissions control strategies designed to help areas attain the 2008 
ozone NAAQS by the applicable Serious area attainment date of July 20, 
2021, or to qualify for a 1-year extension of that attainment date, 
would be in place and in effect for the start of the final full ozone 
season preceding the attainment date, as that is the last ozone season 
of air quality monitoring data that could affect the area's design 
value as of the attainment date or would decide whether the area met 
the 1-year extension air quality eligibility criterion.\15\
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    \14\ See CAA section 172(c)(1).
    \15\ See 40 CFR 51.1108(d).
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    Due dates for SIP submission often precede the deadline for 
implementation of control strategies contained in those SIP 
submissions. However, given the compressed timeframe available for 
states to meet the July 20, 2021, attainment date for Serious areas, 
the EPA considered that, at the very least, it would be appropriate to 
align the due date for RACT SIP submissions with the deadline for 
implementation of any new control measures contained in that RACT SIP.
    2. Proposed due date for Serious-area SIP revisions for RACT 
measures not tied to attainment. The EPA proposed that states submit 
their SIP revisions by August 3, 2020, for any RACT not otherwise 
needed for attainment purposes, which was based on our prediction that 
such a due date would be approximately 18 months after the effective 
date of the final reclassification action. The proposed August 3, 2020, 
due date would have aligned the 2008 ozone Serious area SIP due date 
for RACT measures not tied to attainment with the SIP revision due 
dates for RACT (areas classified Moderate or higher) and certain other 
implementation plan elements required for 2015 ozone NAAQS 
nonattainment areas.\16\
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    \16\ All the areas reclassified because of this final rule are 
among those designated nonattainment for the 2015 ozone NAAQS, 
effective August 3, 2018 (see 83 FR 25776, June 4, 2018).
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    As provided for in CAA section 182(i), the Administrator may adjust 
deadlines for reclassified areas ``to the extent such adjustment is 
necessary or appropriate to assure consistency among the required 
submissions.'' In the November 2018 proposal, the EPA interpreted 
``consistency among the required submissions'' to allow for 
consideration of ``required submissions'' for various ozone NAAQS that 
are being implemented simultaneously. Since all the areas that are 
subject to reclassification to Serious upon the effective date of this 
final reclassification action are also designated nonattainment for the 
2015 ozone NAAQS or are in the Ozone Transport Region (OTR), the same 
state air agencies are required under CAA section 182 to submit SIP 
revisions for certain SIP elements for the 2015 ozone

[[Page 44242]]

NAAQS within 2 years of the effective date of the nonattainment area 
designations. The effective date of nonattainment area designations for 
the 2015 ozone NAAQS was August 3, 2018, and therefore the due date for 
submitting nonattainment SIP revisions associated with that standard is 
August 3, 2020. Consistent with CAA section 182(i), the EPA considered 
coordinating the SIP due dates related to the 2008 and 2015 ozone NAAQS 
for these nonattainment areas to be ``appropriate'' and could result in 
more effective implementation of the NAAQS.
    Under CAA section 182(i), reclassified areas generally are required 
to submit SIP revisions associated with their new classification 
``according to the schedules prescribed in connection with such 
requirements.'' CAA section 182(b)(2), which establishes the RACT 
requirement for ozone nonattainment areas classified as Moderate or 
above, and CAA section 184(b), which establishes RACT requirements for 
states in the ozone transport region, provide a 24-month schedule for 
compliance with those requirements.\17\ Although the proposed due date 
of August 3, 2020, would have provided states with less than 24 months 
to submit their SIP revisions for RACT measures not tied to attainment, 
the EPA considered the anticipated timeframe to be ``appropriate'' 
given coordination with the 2015 ozone NAAQS SIP due dates and the 
nature of the submission, i.e., because states with newly reclassified 
Serious areas should recently have addressed RACT requirements 
commensurate with the Moderate area classification, such that their 
Serious area RACT SIP submittal should primarily only have to address 
sources emitting between 50-100 tpy. The EPA also requested comment on 
an alternative approach that would have allowed states a full 24 months 
from the effective date of the final reclassification action to submit 
SIP revisions for RACT not otherwise needed for attainment, if such 
additional time would yield significant emission reductions and 
improvement in air quality.
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    \17\ See 40 CFR 51.1112(a)(2).
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    3. Implementation deadline for Serious-area RACT measures not tied 
to attainment. CAA section 182(b)(2) establishes the RACT area 
requirements for ozone areas designated and classified Moderate and 
higher.\18\ That provision, which was written for the 1-hour ozone 
NAAQS, established a RACT implementation deadline of approximately 5 
years from November 15, 1990. In the 2008 ozone NAAQS SIP Requirements 
Rule, the EPA interpreted this statutory deadline for the 2008 ozone 
standard by establishing a RACT implementation deadline of January 1 of 
the fifth year after the effective date of nonattainment designation, 
and explained that this was consistent with the maximum timeframe 
provided under the CAA for implementing RACT in nonattainment areas 
classified Moderate or higher.\19\ For nonattainment areas initially 
classified as Moderate or higher for the 2008 ozone NAAQS and for OTR 
states, RACT measures were required to be implemented by January 1, 
2017. Because that date has now passed and cannot be applied to the 
areas that are subject to reclassification to Serious, the EPA proposed 
to set a new deadline of August 3, 2020, for implementation of any new 
RACT requirements not otherwise needed for RFP or timely attainment 
purposes.
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    \18\ CAA Section 182(b)(2) sets the RACT requirement for 
Moderate areas, and the Act requires other higher-classified areas 
to fulfill the CAA section 182(b) requirements. See CAA sections 
182(c), (d), and (e) (requiring states with Serious, Severe, and 
Extreme nonattainment areas, respectively, to also fulfill the 
obligations required of lower-classified areas).
    \19\ See 40 CFR 51.1112(a)(3); 80 FR 12264, 12280, March 6, 
2015.
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    This proposed deadline of August 3, 2020, was based on EPA's 
estimation at proposal that the date would be approximately 18 months 
after the anticipated effective date of the final reclassification 
action. EPA also proposed the same date for the submission due date for 
related SIP revisions for RACT measures not tied to attainment 
discussed in Section I.B.2 of this final reclassification action.
    Areas originally classified as Moderate and higher for the 2008 
ozone NAAQS had just under 5 years to implement ozone RACT requirements 
(by January 1 of the fifth year after the effective date of 
designation, i.e., January 1, 2017). By contrast, areas reclassified in 
2016 from Marginal to Moderate for the 2008 ozone NAAQS became subject 
to the RACT requirement less than seven months (and in two cases 
significantly less than seven months) before the RACT implementation 
deadline.20 21 22 In some reclassified Moderate areas, 
states may have been able to adopt additional controls as RACT had 
there been additional time to implement them. In their proposal the 
EPA, therefore, also solicited comment on whether an extended RACT 
implementation deadline--beyond August 3, 2020, but no later than 
January 1 of the fifth year after the effective date of 
reclassification to Serious (i.e., January 1, 2024)--would yield 
additional and substantial emission reductions in newly-reclassified 
Serious areas beyond what could be achieved by the due date of August 
3, 2020.
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    \20\ See 81 FR 26697, May 4, 2016.
    \21\ See 81 FR 90207, December 14, 2016, Houston-Galveston-
Brazoria, Texas, reclassification to Moderate for the 2008 8-hour 
ozone NAAQS.
    \22\ See 81 FR 91841, December 19, 2016. Reclassification of the 
Sheboygan, Wisconsin, nonattainment area to Moderate Nonattainment 
for the 2008 ozone NAAQS.
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II. Significant Events Following EPA's November 2018 Proposal

    Following EPA's issuance of the November 2018 proposal, two 
significant events occurred which have bearing on this final rule. 
First, on March 26, 2019, the State of Colorado's Governor Jared Polis 
sent a letter to EPA to withdraw the state's request for a 1-year 
attainment date extension.\23\ As stated in the Act's attainment date 
extension provision for ozone nonattainment areas, section 181(a)(5), 
``[u]pon application by any State,'' the EPA may extend an area's 
attainment date by 1 year provided certain criteria are met. The EPA 
interprets a state's application to be a necessary prerequisite to 
granting the 1-year extension.\24\ Because the Governor has withdrawn 
the request, this rulemaking does not finalize the 1-year extension for 
the Denver-Greeley-Ft. Collins-Loveland, CO, nonattainment area for the 
2008 ozone NAAQS.
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    \23\ See docket item EPA-HQ-OAR-2018-0226-0059, ``GOV Letter 
Attainment Extension withdrawal 3.26.2019.''
    \24\ Cf. Del. Dep't of Natural Res. and Envtl. Control v. EPA, 
895 F.3d 90 (D.C. Cir. 2018) (interpreting section 181(a)(5)'s 
reference to ``any'' state literally to provide EPA with authority 
to grant an extension to a multi-state nonattainment area based on 
the extension request of only one state in that area).
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    Second, since the EPA issued its November 2018 proposal, the agency 
has taken final action to approve a request from the State of Wisconsin 
to revise the designation for the Sheboygan County nonattainment area 
for the 1997 and 2008 primary and secondary ozone NAAQS, by splitting 
the historic nonattainment area into two distinct nonattainment areas 
that together cover the identical geographic area of Sheboygan County, 
Wisconsin.\25\ For purposes of this action, the former Sheboygan County 
2008 ozone moderate nonattainment area is now the ``Inland Sheboygan 
County, WI,'' nonattainment area and the ``Shoreline Sheboygan County, 
WI,'' area. Because the boundary of the two nonattainment areas 
together covers the entire historic nonattainment area, for which EPA

[[Page 44243]]

proposed a 1-year extension of the attainment date for the 2008 ozone 
NAAQS in November 2018, the EPA is taking final action to grant a 1-
year extension of the Moderate area attainment date to July 20, 2019 
for both areas.\26\ The EPA may grant a 1-year attainment date 
extension for the two areas because air quality data for each area, 
evaluated independently, shows the 2017 fourth-highest 8-hour ozone 
value for the Inland Sheboygan County, WI, nonattainment area was 0.070 
ppm, and the corresponding value for the Shoreline Sheboygan County, 
WI, nonattainment area was 0.075 ppm. Furthermore, the other statutory 
criteria for qualifying for a 1-year attainment date extension for an 
ozone nonattainment area are met.\27\
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    \25\ See 84 FR 33699, July 15, 2019; effective July 15, 2019.
    \26\ See Section III.B of this preamble.
    \27\ The Wisconsin Department of Natural Resources requested an 
extension for the Sheboygan County, WI, nonattainment area and 
certified its implementation plan applicable for the entire historic 
geographic area.
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III. Final Actions

    The public comment period for EPA's November 2018 proposal closed 
on December 14, 2018. To accommodate a request for a public hearing, 
the comment period was subsequently reopened on February 8, 2019, a 
public hearing was held on February 15, 2019, and the comment period 
closed on February 22, 2019.
    All comments received during these two public comment periods may 
be found in the electronic docket for this final action. In this 
section describing EPA's final actions, certain key comments and the 
agency's responses are included. A Response to Comments document 
including all significant comments received on the EPA's proposal and 
the agency's responses to those comments is also included in the docket 
for this rulemaking. To access the full set of comments received and 
the Response to Comments document, please go to http://www.regulations.gov and search for Docket No. EPA-HQ-OAR-2018-0226, or 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Due to the withdrawal of Colorado's request for a 1-year attainment 
date extension, EPA is not taking final action for the Denver-Boulder-
Greeley-Ft. Collins-Loveland, CO, nonattainment area in this final 
rule. However, EPA is finalizing the attainment date extension for both 
portions of the historic Sheboygan, Wisconsin, nonattainment area 
(i.e., Inland Sheboygan County, WI, and Shoreline Sheboygan County, 
WI), which now counts as two nonattainment areas. A summary of EPA's 
final actions for the 11 Moderate nonattainment areas in provided in 
Table 2.

                      Table 2--2008 Ozone Moderate Nonattainment Area Final Action Summary
----------------------------------------------------------------------------------------------------------------
                                                                                               Extension of the
                                                        Attained by the    Failed to attain      moderate area
            2008 NAAQS nonattainment area               attainment date    by the attainment  attainment date to
                                                                                 date            July 20, 2019
----------------------------------------------------------------------------------------------------------------
Baltimore, MD.......................................                  X   ..................  ..................
Chicago-Naperville, IL-IN-WI........................  ..................                  X   ..................
Dallas-Fort Worth, TX...............................  ..................                  X   ..................
Greater Connecticut, CT.............................  ..................                  X   ..................
Houston-Galveston-Brazoria, TX......................  ..................                  X   ..................
Mariposa County, CA.................................                  X   ..................  ..................
Nevada County (Western part), CA....................  ..................                  X   ..................
New York-N. New Jersey-Long Island, CT-NJ-NY........  ..................                  X   ..................
San Diego County, CA................................  ..................                  X   ..................
Inland Sheboygan County, WI.........................  ..................  ..................                  X
Shoreline Sheboygan County, WI......................  ..................  ..................                  X
----------------------------------------------------------------------------------------------------------------

A. Determinations of Attainment by the Attainment Date

    Pursuant to section 181(b)(2)(A) of the CAA and 40 CFR 51.1103, the 
EPA is making final determinations that the Baltimore, MD, and Mariposa 
County, CA, Moderate nonattainment areas listed in Table 2 attained the 
2008 ozone NAAQS by the applicable attainment date of July 20, 2018. 
Once effective, this final action satisfies the EPA's obligation 
pursuant to CAA section 181(b)(2)(A) to determine, based on an area's 
air quality as of the attainment date, whether the area attained the 
standard by the applicable attainment date. The effect of a final 
determination of attainment by an area's attainment date is to 
discharge the EPA's obligation under CAA section 181(b)(2)(A), and to 
establish that, in accordance with CAA section 181(b)(2)(A), the area 
will not be reclassified for failure to attain by the applicable 
attainment date.
    These determinations of attainment do not constitute a 
redesignation to attainment as provided for under CAA section 
107(d)(3). Redesignations require states to meet additional statutory 
criteria, including the EPA approval of a state plan demonstrating 
maintenance of the air quality standard for 10 years after 
redesignation, as required under CAA section 175A. As for all NAAQS, 
the EPA is committed to working with states that choose to submit 
redesignation requests for the 2008 ozone NAAQS.\28\
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    \28\ It is worth noting that EPA issued Clean Data 
Determinations, which suspend certain attainment planning 
requirements, for both the Baltimore, Maryland, and Mariposa, 
California, 2008 ozone NAAQS nonattainment areas. For Baltimore, 
Maryland, the final 2008 ozone NAAQS Clean Data Determination was 
effective on July 1, 2015 (80 FR 30941, June 1, 2015). For Mariposa, 
California, EPA issued a final 2008 ozone NAAQS Clean Data 
Determination that was initially effective on February 21, 2017 (81 
FR 93624, December 21, 2016) and was delayed until March 21, 2017, 
due to a Presidential Directive (82 FR 8499, January 26, 2017). More 
information about the Clean Data Policy and redesignation guidance 
is available at https://www.epa.gov/ozone-pollution/redesignation-and-clean-data-policy-cdp.
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    Comment: One commenter suggested that the record supporting the 
Baltimore, Maryland, reclassification action was incomplete because it 
appeared that the state relied on two exceptional events claims for 
Canadian wildfires impacting air quality in Baltimore in May and July 
2016.\29\ The commenter claimed that the EPA failed to clearly identify 
the basis for its action in the docket. The commenter also suggested 
that Maryland appears to be the only state to claim that the July 2016 
wildfires justified exclusion of any air quality data, indicating that 
Maryland's

[[Page 44244]]

demonstration and the EPA's acceptance of the data exclusion were 
arbitrary and not valid.
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    \29\ See comments from Earthjustice, docket item EPA-HQ-OAR-
2018-0226-0050.
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    Response: The EPA acknowledges that it inadvertently omitted from 
the record for this proposed action the supporting information received 
from Maryland regarding these exceptional events claims. The EPA 
therefore issued a supplemental proposal in the Federal Register on May 
7, 2019.\30\ This supplemental proposal made available the exceptional 
events demonstration relied upon by Maryland to support the exclusion 
of air quality data for the Baltimore area due to Canadian wildfire 
impacts in May and July 2016. Comments were solicited for a 15-day 
period through May 22, 2019. No substantive comments requiring a 
response were received.
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    \30\ See 84 FR 19893, May 7, 2019; and docket item EPA-HQ-OAR-
2018-0226-0061.
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B. Extension of the Moderate Area Attainment Date

    Pursuant to CAA section 181(a)(5), the EPA is taking final action 
to grant a 1-year extension of the applicable attainment date from July 
20, 2018, to July 20, 2019, for the two nonattainment areas in 
Sheboygan County, Wisconsin--Inland Sheboygan County, WI, and Shoreline 
Sheboygan County, WI.\31\
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    \31\ Subsequent to EPA's proposal to extend the 2008 ozone 
Moderate area attainment deadline for the Sheboygan County 
nonattainment area, the EPA approved Wisconsin's request to split 
the area into two distinct nonattainment areas. See 84 FR 33699, 
July 15, 2019; effective July 15, 2019. See also Section II of this 
preamble.
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    The EPA is not taking final action to grant a 1-year extension for 
the Denver area because the State withdrew its request for an 
extension, and the EPA interprets that request to be a necessary 
prerequisite to an extension of the attainment date under CAA section 
181(a)(5). The EPA is therefore addressing whether the Denver area 
attained the 2008 ozone NAAQS by the July 20, 2018 attainment date and 
any associated reclassification in a separate action.
    Comment: One commenter opposed an attainment date extension for the 
Sheboygan area. The commenter claimed that because the ``extension 
year'' runs from July 2018 to July 2019, and the year preceding the 
Extension Year runs from July 2017 to July 2018, then the relevant 
monitoring data for making the CAA section 181(a)(5)(B) extension 
determination should be from the July 2017 to July 2018 period. The 
commenter noted that during this period, one of the Sheboygan County 
monitors recorded a fourth-highest daily maximum 8-hour average of 
0.081 ppm, and they claimed that for this reason the area does not 
qualify for a 1-year attainment date extension.
    Response: The EPA does not agree with the commenter because a 1-
year attainment date extension for an ozone nonattainment area is based 
on air quality data for the most recent calendar year prior to the 
attainment date. This interpretation of CAA section 181(a)(5)(B) is 
explained in the SIP requirements rule for the 2008 ozone NAAQS.\32\ As 
noted in Table 1, the fourth-highest 8-hour ozone value during 2017 for 
the historic Sheboygan County nonattainment area was below the level of 
the standard. Furthermore, as noted in Section II of this preamble, 
when analyzed separately, the fourth-highest 8-hour ozone value during 
2017 for each of the ``new'' attainment areas in Sheboygan County 
(i.e., Inland Sheboygan County,WI, and Shoreline Sheboygan County, WI), 
was below the level of the standard, and thus Sheboygan County, now 
separated into two nonattainment areas, qualifies for a 1-year 
attainment date extension.
---------------------------------------------------------------------------

    \32\ See 80 FR 12292 (March 6, 2015) and 40 CFR 51.1107.
---------------------------------------------------------------------------

C. Determinations of Failure To Attain and Reclassification

    Pursuant to CAA section 181(b)(2), the EPA is finalizing its 
proposed determinations that the seven Moderate nonattainment areas 
listed in Table 2 have failed to attain the 2008 ozone NAAQS by the 
applicable attainment date of July 20, 2018. Therefore, upon the 
effective date of this final action, these seven areas will be 
reclassified, by operation of law, to Serious for the 2008 ozone NAAQS. 
Once reclassified to Serious, these areas will be required to attain 
the standard ``as expeditiously as practicable'' but no later than 9 
years after the initial designation as nonattainment, which in this 
case would be no later than July 20, 2021. If any of these areas 
attains the 2008 ozone NAAQS prior to the Serious area attainment date, 
the relevant state may request redesignation to attainment, provided 
the state can demonstrate that the criteria under CAA section 
107(d)(3)(E) are met.\33\
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    \33\ See more information about the Clean Data Policy and 
redesignation guidance is available at https://www.epa.gov/ozone-pollution/redesignation-and-clean-data-policy-cdp.
---------------------------------------------------------------------------

    Following the November 2018 proposal, the California Air Resources 
Board submitted a request under CAA section 181(b)(3) to voluntarily 
reclassify the Nevada County (Western part) nonattainment area from 
Moderate to Serious nonattainment for the 2008 ozone standards.\34\ The 
State's request for voluntary reclassification was accompanied by a SIP 
revision that addresses Serious area attainment, RFP, RACM and other 
planning requirements.\35\ The State previously submitted a SIP 
revision to address the Serious-area RACT requirements on June 7, 
2018,\36\ and a SIP revision to address NSR requirements for the 2008 
ozone standard on September 6, 2016.\37\ In this final action, the EPA 
is finding that the Nevada County (western part), California area 
failed to attain the 2008 ozone standard by the applicable attainment 
date, which means the area will be reclassified to Serious by operation 
of law. The EPA notes that there is no need for the EPA to act on the 
request for voluntary reclassification because the EPA's final 
determination here results in the same outcome as would occur with an 
approval of that request--in either scenario, the area would be 
reclassified to Serious, and subject to the Serious area requirements 
described in CAA section 182(c).
---------------------------------------------------------------------------

    \34\ See the December 2, 2018, letter from California Air 
Resources Board (CARB) Executive Officer Richard W. Corey to EPA 
Region 9 Regional Administrator Michael Stoker, transmitting CARB 
Resolution 18-36, and November 14, 2018 letter from Northern Sierra 
Air Quality Management District (NSAQMD) Executive Director Gretchen 
Bennitt to CARB Executive Officer Richard W. Corey, transmitting 
NSAQMD Resolution 2018-07.
    \35\ The Northern Sierra Air Quality Management District, which 
has local jurisdiction over the area, adopted the Ozone Attainment 
Plan for Western Nevada County on October 22, 2018. The California 
Air Resources Board adopted the plan as a revision to the California 
SIP on November 15, 2018.
    \36\ The Northern Sierra Air Quality Management District adopted 
the Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Revision for Western Nevada County 8-hour 
Ozone Nonattainment Area on March 26, 2018. The California Air 
Resources Board Executive Officer adopted the Plan as a revision to 
the California SIP on June 7, 2018.
    \37\ The Northern Sierra Air Quality Management District adopted 
District Rule 428: New Source Review Requirements for New and 
Modified Major Sources in Federally Designated Nonattainment Areas 
on June 27, 2016. The California Air Resources Board Executive 
Officer adopted the rule as a revision to the California SIP on 
September 6, 2016.
---------------------------------------------------------------------------

    The EPA received some adverse comments on its proposal to determine 
that certain areas failed to attain by the applicable attainment date 
and to reclassify those areas to Serious nonattainment. For a 
discussion of additional comments received on the proposal and 
responses to those comments, please see the Response to Comments 
document in the docket for this action.
    Comment: Several commenters noted that when the Chicago area was 
designated as nonattainment for the

[[Page 44245]]

more stringent 2015 ozone NAAQS,\38\ a portion of Lake County, Indiana, 
and all of Porter County, Indiana, were designated as attainment rather 
than being included as part of the Chicago, IL-IL-WI, nonattainment 
area for the more stringent 2015 ozone NAAQS. For this reason, the 
commenters oppose the inclusion of these Indiana counties in the 
reclassification of the Chicago nonattainment area to Serious for the 
2008 ozone NAAQS.
---------------------------------------------------------------------------

    \38\ See 83 FR 25776, June 4, 2018; final rule effective August 
3, 2018.
---------------------------------------------------------------------------

    Response: Although the Chicago, IL-IN-WI, nonattainment area for 
the 2015 ozone NAAQS consists of a smaller geographic area than the 
Chicago-Naperville, IL-IN-WI, nonattainment area for the 2008 ozone 
NAAQS, the differences in the geographic extent of the nonattainment 
areas does not constitute a revision to the nonattainment area boundary 
for the 2008 ozone NAAQS. Under CAA section 181(b)(2), when the EPA 
determines that an area has failed to attain a standard by the 
applicable attainment date, that area is reclassified by operation of 
law to the next higher classification for the area or the 
classification applicable to the area's design value as of the date EPA 
determines the area failed to attain. Because the Chicago-Naperville, 
IL-IN-WI, nonattainment area for the 2008 ozone NAAQS failed to attain 
the standard by its Moderate attainment date, the EPA is required by 
the CAA to reclassify the area, not a portion of the area, to Serious. 
The boundary of the nonattainment area for a different NAAQS, in this 
case the 2015 ozone NAAQS, has no relevance on the EPA's duties with 
respect to the 2008 ozone NAAQS.
    Comment: One commenter suggested that the Houston, Texas, area 
should not be reclassified to Serious for the 2008 ozone NAAQS because 
certain days in 2018 were impacted by exceptional events, and if such 
events were taken into account, the area would attain the standard 
based on 2016-2018 data.
    Response: The CAA section 181(b)(2)(A) requires the EPA 
Administrator to determine whether an area attained the 2008 ozone 8-
hour NAAQS based on the area's 2015-2017 design value as of the 
attainment date, July 20, 2018. Based on these data, the Houston area 
is being reclassified to Serious as of the effective date of this final 
action. The EPA will review any exceptional events demonstrations that 
may be provided by Texas in the future, and the EPA will determine if 
it concurs with such demonstrations. If Houston or any other area that 
has been reclassified to Serious provides the EPA with quality-assured, 
certified air quality data for 2016-2018 that demonstrates attainment 
of the 2008 ozone NAAQS, the area could be eligible for a clean data 
determination,\39\ which would suspend the obligation to submit the 
attainment planning elements so long as the area continues to attain 
the standard. Such areas would also be able to submit a request for 
redesignation provided they meet the statutory criteria for 
redesignation, including an approved maintenance plan.
---------------------------------------------------------------------------

    \39\ More information about the Clean Data Policy and 
redesignation guidance is available at https://www.epa.gov/ozone-pollution/redesignation-and-clean-data-policy-cdp.
---------------------------------------------------------------------------

    Comment: One commenter claimed that Connecticut has failed to 
attain the 2008 ozone NAAQS by the applicable attainment date due to 
emissions it does not have authority to control, either because such 
emissions originate out of state or are from mobile sources regulated 
by EPA. The commenter believes that EPA failed to adequately address 
interstate transport of air pollution under CAA section 110(a)(2)(D) 
for the 2008 ozone NAAQS when it finalized the 2016 Cross-State Air 
Pollution Rule (CSAPR) Update. They claimed that the underlying logic 
of this rule was flawed because the EPA limited its assessment of 
control strategies to those that were feasible to implement only as 
late as the 2017 ozone season. The commenter recommends that the EPA 
revisit this transport rule to address longer term control strategies 
that could be feasible to implement beyond 2017 to benefit air quality 
in areas reclassified to Serious and beyond.
    Response: The agency's mandatory duty to make determinations of 
attainment or failure to attain the NAAQS is contained in CAA section 
182(b)(2), which does not reference or make any exclusions based on the 
nature or effect of transported emissions on monitored air quality data 
in a given nonattainment area.\40\ Moreover, to the extent the comment 
is raising issues related to the EPA's separate action, the CSAPR 
Update, to address the requirements of CAA section 110(a)(2)(D), or the 
``good neighbor'' provision, with respect to the 2008 ozone NAAQS, they 
are outside the scope of this final determination and should be 
addressed in the context of those EPA actions.\41\ Nevertheless, the 
EPA acknowledges the role interstate transport of precursors to ozone 
pollution plays in the efforts of downwind areas to attain and maintain 
the NAAQS. The EPA finalized a determination in December 2018, the 
``CSAPR Close Out,'' that fulfilled its statutory obligations under CAA 
section 110(a)(2)(D), or the ``good neighbor'' provision, with respect 
to the 2008 ozone NAAQS.\42\ In that determination, the EPA's air 
quality modeling projected that all monitors in the Eastern United 
States, including those air quality monitors in Connecticut, would be 
attaining and maintaining the NAAQS by 2023, the analytic year used by 
the agency.\43\ Id.
---------------------------------------------------------------------------

    \40\ See Sierra Club v. EPA, 294 F.3d 155, 160-62 (D.C. Cir. 
2002). The Court held that the EPA is not permitted to relax 
mandatory statutory requirements for downwind areas on the basis of 
interstate transport.
    \41\ As of the date of signature of this final action, 
litigation over the CSAPR Update is pending in the D.C. Circuit. 
State of Wisconsin, et al., v. EPA, No. 16-1406 (D.C. Cir.). 
Connecticut is not a petitioner or intervenor in this litigation.
    \42\ See 83 FR 65878, December 21, 2018.
    \43\ As of the date of signature of this final action, 
litigation over the CSAPR Close Out is pending in the D.C. Circuit. 
State of New York, et al., v. EPA, No. 19-1019 (D.C. Cir.). 
Connecticut is a petitioner in this litigation.
---------------------------------------------------------------------------

D. Serious Area SIP Submission Deadlines and RACT Implementation 
Deadlines

    The EPA received comments on the proposed alternatives for the 
Serious area deadlines for submitting SIP and RACT revisions, and on 
the deadlines for implementation of RACT. After full consideration of 
those comments, and pursuant to CAA section 182(i), the EPA is 
finalizing the SIP submission due dates and RACT implementation 
deadlines.
    1. Due date for Serious area SIP revisions (including RACT measures 
tied to attainment), and implementation deadline for RACT measures tied 
to attainment. The EPA is finalizing August 3, 2020, as the due date 
for Serious area SIP revisions, including RACT measures tied to 
attainment. The EPA is also finalizing August 3, 2020, as the 
implementation deadline for RACT measures tied to attainment.
    The EPA's decision to finalize the date of August 3, 2020, for 
these deadlines was informed by several factors. The EPA proposed a due 
date of 12 months from the effective date of a final action for these 
SIP elements and the implementation deadline for RACT measures tied to 
attainment in its November 2018 proposal. At the time of proposal, the 
agency had hoped to issue a timely final action--by January 2019. Under 
such a scenario, the actual due dates for Serious area SIP submissions 
and deadlines for implementation of RACT measures tied to attainment

[[Page 44246]]

would have been January 2020, the beginning of the final year of the 3-
year period (2018-2020) that would be evaluated to determine whether an 
area attains the 2008 ozone NAAQS by the July 20, 2021, Serious-area 
attainment date. This intended schedule would have enabled the state to 
implement controls by the beginning of 2020, the last year for which 
air quality data could impact an area's ability to timely attain the 
NAAQS or to achieve qualifying air quality for a 1-year extension of 
the attainment deadline from July 20, 2021, to July 20, 2022.
    The timeliness of the final action was delayed when the EPA 
received a request to schedule a public hearing on the proposal around 
the time of the lapse in government appropriations, otherwise referred 
to as the Federal Government shutdown, occurred beginning on December 
22, 2018, and ended January 25, 2019. Consequently, while the original 
public comment period for the November 2018 proposal closed on December 
14, 2018, the EPA was unable to hold a public hearing in December. As 
quickly as possible after the shutdown ended, and the Government 
resumed normal operations, the EPA reopened the public comment period 
on February 8, 2019, held the public hearing on February 15, 2019,\44\ 
and closed the public comment period on February 22, 2019. After 
considering the time that it would take to finalize the rule after the 
lapse in federal government appropriations, the EPA determined that 
finalizing the Serious area SIP due date and implementation deadline 
for RACT measures tied to attainment at 12 months from the effective 
date of a final rule would result in deadlines falling on a date close 
to August 3, 2020. Based on this revised timing scenario, and 
considering comments supporting the alignment of SIP due dates and 
deadlines for the 2008 and 2015 ozone NAAQS, the EPA determined that it 
would be appropriate in this case to finalize a due date for Serious 
Area SIP revisions, including RACT measures tied to attainment, and 
deadline for implementation of those RACT measures of August 3, 2020, 
in order to ensure greater consistency among the submissions and 
implementation for both NAAQS.
---------------------------------------------------------------------------

    \44\ EPA is required under the Administrative Procedure Act 
(APA) to provide adequate notice of a public hearing (see 5 U.S.C. 
553).
---------------------------------------------------------------------------

    More specifically, although the EPA did not propose August 3, 2020, 
as a due date for these particular SIP submissions, the date was 
proposed as the due date for SIP revisions addressing RACT measures not 
tied to attainment and proposed for the deadline for implementation of 
those RACT measures. In the November 2018 proposal, the EPA provided 
its rationale for proposing August 3, 2020, to provide for 
``consistency among submissions'' that may be due from a nonattainment 
area for more than one NAAQS. For the reasons provided to proposing the 
August 3, 2020, due date for SIP submissions and the deadline for 
implementation of RACT measures not tied to attainment, the EPA 
believes that establishing August 3, 2020, as the due date for Serious-
area SIP submissions (including RACT measures tied to attainment) and 
the implementation deadline of those RACT measures, would more 
effectively meet the objective of having consistency among submissions 
pursuant to CAA section 182(i), rather than a deadline that is 12 
months from the effective date of this final rule.
    Comment: Some commenters opposed the proposed deadline of 12 months 
from the effective date of the final action for SIP submissions and 
implementation of RACT measures tied to attainment because it would not 
provide a reasonable amount of time to evaluate control options, 
conduct rulemaking, and give affected sources sufficient time to 
implement control requirements. These commenters preferred a period of 
18 months or more for Serious Area SIP submission due dates and 
implementation deadlines for RACT measures tied to attainment. Other 
commenters supported the proposed 12-month due date for SIP submissions 
and implementation deadline for RACT measures tied to attainment 
because they claimed that any additional delay would only extend the 
duration of unnecessary adverse health impacts on nonattainment area 
residents. One commenter stated that, because the EPA is directed to 
streamline SIP submittals when it considers appropriate due dates after 
reclassification, the EPA should set a due date for Serious area SIP 
submittals under the 2008 ozone NAAQS that is consistent with the 
August 3, 2020, deadline for the Moderate area SIP submittals that will 
be due under the 2015 ozone NAAQS. The commenter indicated that states 
could realize significant savings of limited state resources if these 
2015 ozone Moderate area and 2008 ozone Serious area SIP due dates were 
coordinated.
    Response: As discussed earlier, CAA section 182(i) provides 
authority to the Administrator to adjust SIP submission due dates as 
necessary or appropriate to assure consistency among SIP submissions. 
Although the specific date of August 3, 2020 was not included as an 
option in the November 2018 proposal, the EPA is persuaded by comments 
received supporting this date because setting such a due date pursuant 
to the authority of CAA section 182(i) could allow states to save 
limited resources by consolidating two SIPs into a single submission. 
In addition, given the timing of this final action, the August 3, 2020 
SIP submission due date will be relatively close in time to 12 months 
after this final action becomes effective, consistent with due dates 
established by EPA in past ozone reclassification actions from Moderate 
to Serious, which was discussed in the proposal. With regard to 
commenters seeking an 18-month period or longer for developing SIP 
revisions, the EPA notes that states with areas that were proposed for 
reclassification in November 2018 have known with a reasonable amount 
of certainty that revised implementation plans would be due in the near 
future to provide for expeditious attainment of the 2008 ozone NAAQS, 
and have had the opportunity to make progress on plan development 
activities before issuance of this final action. Nonetheless, the EPA 
recognizes the challenges posed by these due dates and deadlines and is 
committed to working closely with states to help them as they prepare 
SIP revisions in a timely manner.
    2. Due date for submitting SIP revisions for RACT measures not tied 
to attainment. For SIP revisions for RACT measures not tied to 
attainment, the EPA proposed a due date of August 3, 2020, which would 
have been about 18 months from the anticipated effective date of the 
final action (anticipated in early 2019). The EPA also requested 
comment on an alternative due date for submitting SIP revisions for 
RACT measures not tied to attainment that would have been 24 months 
from the effective date of the final action, i.e., ``according to the 
schedule[ ] prescribed in connection with such requirement[ ].'' \45\ 
Taking in to account several comments on these proposed dates and the 
circumstances surrounding the timing of this final action, the EPA is 
finalizing a due date for SIP revisions for RACT measures not tied to 
attainment of 18 months from the effective date of this final action, 
as explained further below.
---------------------------------------------------------------------------

    \45\ See CAA section 182(i).
---------------------------------------------------------------------------

    The proposal's due date of August 3, 2020, for RACT submissions not 
tied to attainment was expected to be roughly 18 months from the 
effective date of the

[[Page 44247]]

anticipated final action. By proposing such a date, the EPA recognized 
that these measures could reasonably be submitted after the attainment 
year ozone season (2020) relevant to the Serious area attainment date, 
because these measures were explicitly not tied to the area's ability 
to achieve timely attainment. In taking comment on providing a due date 
that accounted for a full 24 months to prepare a RACT submission, the 
EPA suggested that such additional time could yield a more desirable 
end result in terms of emissions reductions and air quality benefits, 
reducing state processing and resource burdens, and/or burden on 
emissions sources.
    While EPA is not electing to finalize a due date of 24 months from 
the effective date of this action (approximately August 2021), we are 
also electing not to finalize a due date of August 3, 2020, given that 
such a date would provide just under 12 months from the effective date. 
Because the measures that states identify as ``reasonably available'' 
are directly tied to the time provided by the EPA in establishing such 
a due date, providing a slightly longer timeframe (i.e., 18 months 
rather than 12 months) to identify and submit RACT measures not tied to 
attainment for newly reclassified Serious areas for the 2008 standards 
could lead states to determine that additional controls are reasonable, 
thus helping areas attain both the 2008 and 2015 standards more 
expeditiously. Areas subject to this newer due date should have already 
implemented RACT for sources emitting 100 tpy or more of volatile 
organic compounds (VOC) or nitrogen oxides (NOX) under their 
Moderate area requirements. Therefore, at this stage, states should be 
primarily focused on identifying and adopting new RACT measures 
required to control sources emitting between 50 to 100 tpy of VOC or 
NOX. The EPA believes that 18 months would provide adequate 
time to adopt any new controls determined to be RACT for this group of 
sources and submit a SIP to the EPA accordingly.
    Comment: Several commenters supported either the proposed August 
2020 due date or a due date of 18 months from the effective date of 
this final action. One commenter stated that a period of at least 18 
months is needed to properly identify and evaluate potential controls 
and conduct necessary rulemaking at the state level. Another commenter 
believed that there was no justification for a due date any earlier 
than the July 2021 Serious-area attainment date because this SIP 
submission would be for RACT not needed for the area to attain. A third 
commenter supported the August 2020 due date because it would provide 
for aligned SIP submittal due dates for 2008 ozone Serious areas and 
for 2015 ozone Moderate areas.
    Response: Section 182(i) of the CAA provides that states shall meet 
requirements for reclassified Moderate, Serious and Severe ozone areas 
``according to the schedules prescribed in connection with such 
requirements, except 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.''
    The EPA notes that the notion embodied in this provision is 
consistent with several other CAA provisions to establish a SIP 
submission due date for an area that has failed to attain a NAAQS by 
the relevant attainment date that may be shorter than the SIP 
submission due date for the first plan due after an area is initially 
designated as nonattainment.\46\ In this case, the areas that are being 
reclassified to Serious are identifying and adopting RACT measures not 
tied to attainment for a subset of sources emitting between 50-100 tpy 
of VOC or NOX, because as Moderate areas they were already 
required to address RACT and submit SIPs for sources emitting over 100 
tpy. Therefore, the EPA does not agree with the commenter that it is 
appropriate or necessary to extend the due date out to the July 2021 
attainment date (which would be nearly 24 months) for submitting SIPs 
addressing RACT measures not tied to attainment. The EPA is generally 
in agreement with the commenter who stated that aligning deadlines 
between submissions required for the 2015 ozone NAAQS and the 2008 
ozone NAAQS addresses section 182(i)'s call for ``consistency among 
submissions'' and creates efficiencies for states in preparing 
submissions. However, a SIP revision submission due date of August 3, 
2020, for RACT measures not tied to attainment would at this point 
provide the states with less than 12 months from the effective date of 
this final action to identify and evaluate such RACT, and prepare and 
approve those RACT SIPs at the state level.
---------------------------------------------------------------------------

    \46\ For example, CAA section 179(d) requires a state that 
failed to attain a NAAQS by the attainment date to submit a revised 
implementation plan within 12 months of an EPA finding of failure to 
attain. In addition, the requirements for PM10 and 
PM2.5 nonattainment areas in CAA section 189(d) require a 
Serious area to submit a revised implementation plan within 12 
months of a failure to attain the standard.
---------------------------------------------------------------------------

    Finally, the EPA is cognizant and in agreement with the commenter 
who stated that a due date of 18 months (which was the expected amount 
of time the EPA anticipated with an August 3, 2020, due date) could 
allow states to identify additional controls as ``reasonably 
available'' in comparison with the shorter deadline.\47\ Therefore, the 
EPA believes a due date 18-months from the effective date of this final 
action for submission of certain RACT measures not tied to attainment 
is appropriate.
---------------------------------------------------------------------------

    \47\ Moreover, the EPA notes that CAA section 110(k)(5), which 
provides the EPA with authority to ``establish reasonable 
deadlines'' for the submission of SIP revisions to address 
substantial inadequacies in the SIP identified by the EPA, states 
that the EPA may not establish such deadline ``to exceed 18 months 
after the date of such notice.'' While this provision is not 
directly applicable here, the EPA believes it is informative.
---------------------------------------------------------------------------

    3. Implementation deadline for RACT measures not tied to 
attainment. The EPA proposed two options for the implementation 
deadline for RACT measures not tied to attainment: (1) August 3, 2020 
or (2) up through the full 5 years provided by the statute for RACT 
implementation, i.e., January 1, 2024. In proposing the two dates, the 
EPA made several observations. We noted at the time that ``[i]deally, 
SIP submission deadlines would precede the implementation of control 
strategies contained in those SIP submissions.'' \48\ We also noted, in 
the context of taking comment on a providing a deadline past August 3, 
2020, but no later than January 1, 2024, that additional time provided 
for implementation of control measures ``could lead states to determine 
that additional controls are reasonable, thus helping areas attain both 
the 2008 and 2015 standards more expeditiously.'' Id. In particular, we 
noted that in reclassifying areas from Marginal to Moderate in 2016 for 
the 2008 ozone NAAQS after findings of failure to attain, states were 
provided less than seven months to implement RACT. We acknowledged that 
a more generous timeframe for implementing RACT may have allowed states 
to adopt additional controls.
---------------------------------------------------------------------------

    \48\ See 83 FR 56781, November 14, 2018.
---------------------------------------------------------------------------

    Thus, the EPA is finalizing July 20, 2021, the Serious area 
attainment date, as the deadline for implementation of RACT measures 
not tied to attainment. Given the intervening time between proposed and 
final rules, an August 3, 2020, deadline for implementation of RACT 
measures not tied to attainment would limit the controls that states 
could consider implementing. As noted

[[Page 44248]]

in the proposal, the EPA believes that there is a direct relationship 
between the amount of time provided for implementation of RACT measures 
not tied to attainment and the actual measures that will be available 
to states to install or implement. We also continue to believe that a 
slightly longer timeframe for measures that are not directly tied to 
the area's attainment can be appropriate, especially where an area is 
simultaneously implementing two ozone standards, such that additional 
controls will help the area attain both standards more expeditiously. 
On the other hand, the outside timeframe proposed by the EPA for 
implementation of RACT measures not tied to attainment, January 1, 
2024, was well beyond the Serious area attainment date and we received 
feedback during the public comment period suggesting that any 
implementation deadline beyond the attainment date would not serve 
timely attainment. We are therefore finalizing July 20, 2021, the 
Serious Area attainment date, as the deadline for implementing RACT 
measures not needed for attainment. The EPA believes this date is 
reasonable and appropriate when considering the comments received on 
this issue and the timing of this final action. We also note that 
because the EPA is finalizing the SIP submission date for RACT measures 
not tied to attainment as 18 months from the effective date of this 
final action, this implementation approach will provide at least some 
window of time between the SIP revision submission due date and the 
deadline for implementation of RACT measures not tied to attainment, 
which, as we noted at proposal, is preferable to direct alignment of 
the SIP submission due date and implementation deadline, where 
possible.

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 seven nonattainment areas that the EPA determined 
failed to attain the 2008 ozone NAAQS standards, the part of this 
action reclassifying those seven areas from Moderate to Serious 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. 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 rule does not impose any new information collection burden 
under the PRA not already approved by the Office of Management and 
Budget.\49\ This action does not contain any information collection 
activities and serves only to make final: (1) Determinations that 
certain Moderate nonattainment areas listed in Table 2 attained the 
2008 ozone standards by the July 20, 2018, attainment date; (2) 
approval to grant certain Moderate nonattainment areas listed in Table 
2 a 1-year attainment date extension from the July 20, 2018, attainment 
date to July 20, 2019; (3) determinations that certain Moderate 
nonattainment areas listed in Table 2 failed to attain the 2008 ozone 
standards by the July 20, 2018, attainment date where such areas will 
be reclassified as Serious nonattainment for the 2008 ozone standards 
by operation of law upon the effective date of the final 
reclassification action; and (4) establishment of adjusted due dates 
for SIP revisions, including RACT SIP revisions, and RACT 
implementation deadlines.
---------------------------------------------------------------------------

    \49\ On April 30, 2018, the OMB approved EPA's request for 
renewal of the previously approved information collection request 
(ICR). The renewed request expires on April 30, 2021, 3 years after 
the approval date (see OMB Control Number 2060-0695 and ICR 
Reference Number 201801-2060-003 for EPA ICR No. 2347.03).
---------------------------------------------------------------------------

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. The 
determinations of attainment and failure to attain the 2008 ozone 
standards (and resulting reclassifications), and the final approval 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.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538,\50\ 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.
---------------------------------------------------------------------------

    \50\ U.S.C. is United States Code.
---------------------------------------------------------------------------

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 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 
few tribal areas that exist within certain Moderate nonattainment areas 
for which the EPA is making final determinations of attainment for the 
2008 ozone NAAQS. The EPA regional offices consulted with tribal 
officials under the EPA policy on Consultation and Coordination with 
Indian Tribes early in the process of developing this regulation to 
permit them to have meaningful and timely input into its development. 
Documentation of the consultation is provided in docket items EPA-HQ-
OAR-2018-0226-0041 and 0043.

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.

[[Page 44249]]

I. 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.

J. National Technology Transfer Advancement Act (NTTAA)

    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, 
low-income populations and/or indigenous peoples, as specified in 
Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this decision is contained in the section of the 
preamble titled, ``Environmental Justice Considerations.''

L. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicability. The rule makes factual determinations for specific 
entities and does not directly regulate any entities. The 
determinations of attainment and failure to attain the 2008 ozone NAAQS 
(and resulting reclassifications), and the approval to grant 1-year 
attainment date extensions do not in themselves create any new 
requirements beyond what is mandated by the CAA.

M. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of final actions that are locally and regionally applicable may be 
filed only in the United States Court of Appeals for the appropriate 
circuit. However, the statute also provides that notwithstanding that 
general rule, ``a petition for review of any action . . . may be filed 
only in the United States Court of Appeals for the District of Columbia 
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.'' \51\ 
Because this final action makes findings regarding nonattainment areas 
across the country, interprets the CAA and applies such interpretations 
to states and nonattainment areas across the country, and establishes 
SIP deadlines for newly reclassified areas in different states in a 
consistent fashion, the Administrator finds that this action has 
nationwide scope and effect. Therefore, in accordance with CAA section 
307(b)(1), petitions for review of this final action may be filed only 
in the United States Court of Appeals for the District of Columbia 
Circuit by October 22, 2019. Note, under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings for enforcement.
---------------------------------------------------------------------------

    \51\ See 42 U.S.C. 7607(b)(1); see also Dalton Trucking v. EPA, 
808 F.3d 875 (D.C. Circuit 2015).
---------------------------------------------------------------------------

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: August 7, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons stated in the preamble, parts 52 and 81, title 40, 
chapter 1 of the Code of Federal Regulations are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.282 is amended by adding paragraph (k) to read as 
follows:


Sec.  52.282  Control strategy and regulations: Ozone.

* * * * *
    (k) Determination of attainment by the attainment date. Effective 
September 23, 2019. The EPA has determined that the Mariposa County 
Moderate nonattainment area in California attained the 2008 8-hour 
ozone National Ambient Air Quality Standards (NAAQS) by the applicable 
attainment date of July 20, 2018, based upon complete quality-assured 
and certified data for the calendar years 2015-2017.

Subpart V--Maryland

0
3. Section 52.1076 is amended by adding paragraph (ff) to read as 
follows:


Sec.  52.1076  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (ff) The EPA has determined that the Baltimore, Maryland Moderate 
nonattainment area attained the 2008 8-hour ozone National Ambient Air 
Quality Standards by the applicable attainment date of July 20, 2018, 
based upon complete quality-assured and certified data for the calendar 
years 2015-2017.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
5. Section 81.305 is amended by revising the entries for ``Nevada 
County (Western part), CA:'' and ``San Diego County, CA:'' in the table 
entitled ``California--2008 8-Hour Ozone NAAQS (Primary and 
secondary)'' to read as follows:


Sec.  81.305  California.

* * * * *

[[Page 44250]]



                                       California--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                          Designation                             Classification
       Designated area        ----------------------------------------------------------------------------------
                                  Date \1\           Type            Date \1\                  Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Nevada County (Western part),  ..............  Nonattainment...       9/23/2019   Serious.
 CA: \2\.
    Nevada County (part):
        That portion of
         Nevada County, which
         lies west of a line,
         described as
         follows: Beginning
         at the Nevada-Placer
         County boundary and
         running north along
         the western
         boundaries of
         Sections 24, 13, 12,
         1, Township 17
         North, Range 14
         East, Mount Diablo
         Base and Meridian,
         and Sections 36, 25,
         24, 13, 12, Township
         18 North, Range 14
         East to the Nevada-
         Sierra County
         boundary.
 
                                                  * * * * * * *
San Diego County, CA: \2\....  ..............  Nonattainment...       9/23/2019   Serious.
    San Diego County: \2\
        Barona Group of
         Capitan Grande Band
         of Mission Indians
         of the Barona
         Reservation \3\.
        Campo Band of
         Diegueno Mission
         Indians of the Campo
         Indian Reservation
         \3\.
        Capitan Grande Band
         of Diegueno Mission
         Indians of
         California \3\.
        Ewiiaapaayp Band of
         Kumayaay Indians \3\.
        Iipay Nation of Santa
         Ysabel \3\.
        Inaja Band of
         Diegueno Mission
         Indians of the Inaja
         and Cosmit
         Reservation \3\.
        Jamul Indian Village
         of California \3\.
        La Jolla Band of
         Luiseno Indians \3\.
        La Posta Band of
         Diegueno Mission
         Indians of the La
         Posta Indian
         Reservation \3\.
        Los Coyotes Band of
         Cahuilla and Cupeno
         Indians \3\.
        Manzanita Band of
         Diegueno Mission
         Indians of the
         Manzanita
         Reservation \3\.
        Mesa Grande Band of
         Diegueno Mission
         Indians of the Mesa
         Grande Reservation
         \3\.
        Pala Band of Luiseno
         Mission Indians of
         the Pala Reservation
         \3\.
        Pauma Band of Luiseno
         Mission Indians of
         the Pauma and Yuima
         Reservation \3\.
        Rincon Band of
         Luiseno Mission
         Indians of the
         Rincon Reservation
         \3\.
        San Pasqual Band of
         Diegueno Mission
         Indians of
         California \3\.
        Sycuan Band of the
         Kumeyaay Nation \3\.
        Viejas (Baron Long)
         Group of Capitan
         Grande Band of
         Mission Indians \3\.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
\3\ Includes Indian country of the tribe listed in this table located in the identified area. Information
  pertaining to areas of Indian country in this table is intended for CAA planning purposes only and is not an
  EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to
  establish Indian country land status, and is making no determination of Indian country boundaries, in this
  table.

* * * * *

0
6. Section 81.307 is amended by revising the table entitled 
``Connecticut--2008 8-Hour Ozone NAAQS [Primary and secondary]'' to 
read as follows:


Sec.  81.307  Connecticut.

* * * * *

[[Page 44251]]



                                      Connecticut--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                          Designation                             Classification
       Designated area        ----------------------------------------------------------------------------------
                                  Date \1\           Type            Date \1\                  Type
----------------------------------------------------------------------------------------------------------------
Greater Connecticut, CT: \2\.  ..............  Nonattainment...       9/23/2019   Serious.
    Hartford County..........
    Litchfield County........
    New London County........
    Tolland County...........
    Windham County...........
    Mashantucket Pequot Tribe
     of Connecticut \3\.
    Mohegan Indian Tribe of
     Connecticut \3\.
New York-N. New Jersey-Long    ..............  Nonattainment...       9/23/2019   Serious.
 Island, NY-NJ-CT: \2\.
    Fairfield County.........
    Middlesex County.........
    New Haven County.........
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
\3\ Includes Indian country of the tribe listed in this table located in the identified area. Information
  pertaining to areas of Indian country in this table is intended for CAA planning purposes only and is not an
  EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to
  establish Indian country land status, and is making no determination of Indian country boundaries, in this
  table.

* * * * *

0
7. Section 81.314 is amended by revising the entry for ``Chicago-
Naperville, IL-IN-WI:'' in the table entitled ``Illinois--2008 8-Hour 
Ozone NAAQS (Primary and secondary)'' to read as follows:


Sec.  81.314  Illinois.

* * * * *

                                        Illinois--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                          Designation                             Classification
       Designated area        ----------------------------------------------------------------------------------
                                  Date \1\           Type            Date \1\                  Type
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI:  ..............  Nonattainment...       9/23/2019   Serious.
 \2\.
    Cook County..............
    DuPage County............
    Grundy County (part).....
        Aux Sable Township...
        Goose Lake Township..
    Kane County..............
    Kendall County (part)....
        Oswego Township......
    Lake County..............
    McHenry County...........
    Will County..............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *

0
8. Section 81.315 is amended by revising the entry for ``Chicago-
Naperville, IL-IN-WI:'' in the table entitled ``Indiana--2008 8-Hour 
Ozone NAAQS (Primary and secondary)'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

                                        Indiana--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                          Designation                             Classification
       Designated area        ----------------------------------------------------------------------------------
                                  Date \1\           Type            Date \1\                  Type
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI:  ..............  Nonattainment...       9/23/2019   Serious.
 \2\.
    Lake County..............
    Porter County............
 

[[Page 44252]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *

0
9. Section 81.331 is amended by revising the entry for ``New York-N. 
New Jersey-Long Island, NY-NJ-CT:'' in the table entitled ``New 
Jersey--2008 8-Hour Ozone NAAQS [Primary and secondary]'' to read as 
follows:


Sec.  81.331  New Jersey.

* * * * *

                                       New Jersey--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                          Designation                             Classification
       Designated area        ----------------------------------------------------------------------------------
                                  Date \1\           Type            Date \1\                  Type
----------------------------------------------------------------------------------------------------------------
New York-N. New Jersey-Long    ..............  Nonattainment...       9/23/2019   Serious.
 Island, NY-NJ-CT: \2\.
    Bergen County............
    Essex County.............
    Hudson County............
    Hunterdon County.........
    Middlesex County.........
    Monmouth County..........
    Morris County............
    Passaic County...........
    Somerset County..........
    Sussex County............
    Union County.............
    Warren County............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *

0
10. Section 81.333 is amended by revising the entry for ``New York-N. 
New Jersey-Long Island, NY-NJ-CT:'' in the table entitled ``New York--
2008 8-Hour Ozone NAAQS (Primary and secondary)'' to read as follows:


Sec.  81.333  New York.

* * * * *

                                        New York--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                          Designation                             Classification
       Designated area        ----------------------------------------------------------------------------------
                                  Date \1\           Type            Date \1\                  Type
----------------------------------------------------------------------------------------------------------------
 >
                                                  * * * * * * *
New York-N. New Jersey-Long    ..............  Nonattainment...       9/23/2019   Serious.
 Island, NY-NJ-CT: \2\.
    Bronx County.............
    Kings County.............
    Nassau County............
    New York County..........
    Queens County............
    Richmond County..........
    Rockland County..........
    Suffolk County...........
    Westchester County.......
    Shinnecock Indian Nation
     \3\.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

[[Page 44253]]

 
\3\ Includes Indian country of the tribe listed in this table located in the identified area. Information
  pertaining to areas of Indian country in this table is intended for CAA planning purposes only and is not an
  EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to
  establish Indian country land status, and is making no determination of Indian country boundaries, in this
  table.

* * * * *

0
11. Section 81.344 is amended by revising the entries for ``Dallas-Fort 
Worth, TX:'' and ``Houston-Galveston-Brazoria, TX:'' in the table 
entitled ``Texas--2008 8-Hour Ozone NAAQS (Primary and secondary)'' to 
read as follows:


Sec.  81.344  Texas.

* * * * *

                                         Texas--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                          Designation                             Classification
       Designated area        ----------------------------------------------------------------------------------
                                  Date \1\           Type            Date \1\                  Type
----------------------------------------------------------------------------------------------------------------
Dallas-Fort Worth, TX: \2\...  ..............  Nonattainment...       9/23/2019   Serious.
    Collin County............
    Dallas County............
    Denton County............
    Ellis County.............
    Johnson County...........
    Kaufman County...........
    Parker County............
    Rockwall County..........
    Tarrant County...........
    Wise County..............
    Houston-Galveston-         ..............  Nonattainment...       9/23/2019   Serious.
     Brazoria, TX: \2\.
    Brazoria County..........
    Chambers County..........
    Fort Bend County.........
    Galveston County.........
    Harris County............
    Liberty County...........
    Montgomery County........
    Waller County............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *

0
12. Section 81.350 is amended by revising the entries for ``Chicago-
Naperville, IL-IN-WI:,'' ``Inland Sheboygan County, WI,'' and 
``Shoreline Sheboygan County, WI'' and adding footnote 5 in the table 
entitled ``Wisconsin--2008 8-Hour Ozone NAAQS (Primary and secondary)'' 
to read as follows:


Sec.  81.350  Wisconsin.

* * * * *

                                       Wisconsin--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                          Designation                             Classification
       Designated area        ----------------------------------------------------------------------------------
                                  Date \1\           Type            Date \1\                  Type
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI:  ..............  Nonattainment...       9/23/2019   Serious.
 \2\.
    Kenosha County (part):
        The portion of
         Kenosha County
         bounded by the Lake
         Michigan shoreline
         on the East, the
         Kenosha County
         boundary on the
         North, the Kenosha
         County boundary on
         the South, and the I-
         94 corridor
         (including the
         entire corridor) on
         the West.
Inland Sheboygan County, WI         7/15/2019  Nonattainment...      12/19/2016   Moderate.
 \2\ \5\.

[[Page 44254]]

 
    Sheboygan County (part):
        Exclusive and west of
         the following
         roadways going from
         the northern county
         boundary to the
         southern county
         boundary: Highway
         43, Wilson Lima
         Road, Minderhaud
         Road, County Road KK/
         Town Line Road, N
         10th Street, County
         Road A S/Center
         Avenue, Gibbons
         Road, Hoftiezer
         Road, Highway 32,
         Palmer Road/Smies
         Road/Palmer Road,
         Amsterdam Road/
         County Road RR,
         Termaat Road.
Shoreline Sheboygan County,         7/15/2019  Nonattainment...      12/19/2016   Moderate.
 WI \2\ \5\.
    Sheboygan County (part):
        Inclusive and east of
         the following
         roadways going from
         the northern county
         boundary to the
         southern county
         boundary: Highway
         43, Wilson Lima
         Road, Minderhaud
         Road, County Road KK/
         Town Line Road, N
         10th Street, County
         Road A S/Center
         Avenue, Gibbons
         Road, Hoftiezer
         Road, Highway 32,
         Palmer Road/Smies
         Road/Palmer Road,
         Amsterdam Road/
         County Road RR,
         Termaat Road.
 
                                                  * * * * * * *
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\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
 * * * * * * *
\5\ Attainment date is extended to July 20, 2019 for both Inland Sheboygan County, WI, and Shoreline Sheboygan
  County, WI, nonattainment areas.

* * * * *
[FR Doc. 2019-17796 Filed 8-22-19; 8:45 am]
BILLING CODE 6560-50-P


