[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Rules and Regulations]
[Pages 64046-64050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19559]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2019-0611; FRL-10013-72-OAR]
RIN 2060-AU54


Implementation of the Revoked 1997 8-Hour Ozone National Ambient 
Air Quality Standards; Updates to 40 CFR Part 52 for Areas That 
Attained by the Attainment Date

AGENCY: Environmental Protection Agency (EPA)

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is updating part 52 
of title 40, chapter 1 of the Code of Federal Regulations (CFR) to 
codify its findings that nine areas in four states attained the revoked 
1997 8-hour ozone National Ambient Air Quality Standards (herein 
referred to as the 1997 ozone NAAQS) by the applicable attainment 
dates. In February 2019, EPA Regional Offices sent letters to the 
affected states to communicate the EPA's findings. The areas that 
timely attained the standards include the Buffalo-Niagara Falls area, 
and the Jefferson County, Poughkeepsie and Jamestown areas in the state 
of New York; the Shoreline Sheboygan County and Inland Sheboygan County 
areas in Wisconsin; the Denver-Boulder-Greeley-Ft. Collins-Loveland 
area in Colorado; and the San Francisco Bay and Ventura County areas in 
California. Publishing these determinations in part 52 will document 
for the public and state air agencies that these areas attained the 
standards by the applicable attainment dates and are therefore not 
subject to anti-backsliding consequences for failure to timely attain 
the standards.

DATES: The direct final rule is effective on January 7, 2021 without 
further notice unless the EPA receives relevant adverse written 
comments, or if a public hearing is requested by October 14, 2020, on 
the proposed rule. In such case, refer to the General Information 
section.

ADDRESSES: The EPA established Docket ID No. EPA-HQ-OAR-2019-0611 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 information, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form.

[[Page 64047]]

Docket materials are available electronically to the public through 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For further general information on 
this direct 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. General Information
    A. Why is EPA using a direct final rule?
    B. Does this action apply to me?
II. Background
III. Summary of Final Action
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions 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. General Information

A. Why is EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior 
proposed rule because the agency views this as a noncontroversial 
action. The EPA anticipates no adverse comment because this final 
action codifies the EPA's factual findings that certain areas attained 
the revoked 1997 ozone NAAQS by the applicable attainment dates. In the 
``Proposed Rules'' section of this Federal Register, the EPA is 
publishing the parallel proposed rule to update part 52. If adverse 
comments are received on the proposed rule, the EPA will not institute 
a second comment period on this action. Any parties interested in 
commenting on the proposed rule must do so at this time. For further 
information about commenting on the proposed rule, see the DATES and 
ADDRESSES section of the proposed rule.
    If the EPA receives relevant adverse comment on all or a distinct 
portion of the proposed rule, the Agency will publish a timely 
withdrawal in the Federal Register. The withdrawal notice will inform 
the public of the direct final rule provisions that will become 
effective and which provisions are being withdrawn. In the event the 
EPA receives relevant adverse comment on the proposed rule, the EPA 
will respond in writing to comments and include the written responses 
in any subsequent final rule based on the proposed rule.

B. Does this action apply to me?

    Publishing these determinations in part 52 will document for the 
public and state air agencies that these areas factually attained the 
revoked 1997 ozone NAAQS by the applicable attainment dates and are 
therefore not subject to anti-backsliding consequences for failure to 
timely attain the standards. The scope of the rule is narrow, and the 
EPA had previously informed the affected states' air agencies of these 
determinations by way of letter in February 2019. The direct final rule 
will not create any new requirements for any affected state. 
Nonetheless, the public is invited to comment on the proposed rule.

II. Background

    On July 18, 1997, the EPA established standards for the 8-hour 
average ozone concentrations at a level of 0.08 parts per million (ppm) 
\1\ for both the primary and secondary NAAQS \2\ (herein referred to as 
the 1997 ozone NAAQS).\3\ Subsequently, the EPA designated areas around 
the country as either attaining (``attainment'') or not attaining 
(``nonattainment'') the 1997 ozone NAAQS. Effective on June 15, 
2004,\4\ the EPA established the nonattainment area designations, 
classifications, and attainment dates \5\ that applied to the 1997 
ozone NAAQS nonattainment areas, and included attainment dates for 
Early Action Compact (EAC) areas.\6\ The EPA then issued a rule for 
implementing the 1997 ozone NAAQS that was published in a separate 
Federal Register notice effective on the same date, June 15, 2004.\7\
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    \1\ An area would violate the standard at a level greater than 
0.084 ppm because rounding would cause a level of 0.085 ppm to be 
interpreted as 0.09 ppm, which exceeds the 0.08 ppm standard.
    \2\ Primary standards provide public health protection, 
including protecting the health of ``sensitive'' populations such as 
asthmatics, children, and the elderly. Secondary standards provide 
public welfare protection, including protection against decreased 
visibility and damage to animals, crops, vegetation, and buildings. 
Available on the internet at https://www.epa.gov/criteria-air-pollutants/naaqs-table.
    \3\ See 62 FR 38855, July 18, 1997, ``National Ambient Air 
Quality [1997] Standards for Ozone,'' final rule effective September 
16, 1997. Available on the U.S. Government Publishing Office (GPO) 
website at https://www.govinfo.gov/content/pkg/FR-1997-07-18/pdf/97-18580.pdf.
    \4\ See 69 FR 23858, April 30, 2004, ``Air Quality Designations 
and Classifications for the [1997] 8-Hour Ozone NAAQS; Early Action 
Compact Areas With Deferred Effective Dates,'' final rule effective 
June 15, 2004. Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2004-04-30/pdf/04-9152.pdf.
    \5\ Ozone nonattainment area attainment dates are specific to 
the areas' classifications (see 69 FR 23858, 23863, April 30, 2004).
    \6\ To achieve clean air as soon as possible, the EPA worked 
with certain communities that entered into EACs. The goal of these 
Compacts was to help communities reduce ground-level ozone about 2 
years sooner than required by the CAA. Accordingly, the EPA deferred 
the 1997 ozone NAAQS effective attainment dates for EAC areas. While 
these areas were violating the 8-hour standard, the EAC areas were 
continuing to meet compact milestones towards clean air. (see 69 FR 
23858, 23865, April 30, 2004)
    \7\ See 69 FR 23951, April 30, 2004, ``Final Rule to Implement 
the [1997] 8-Hour Ozone National Ambient Air Quality Standard--Phase 
1,'' final rule effective June 15, 2004. Available on the U.S. GPO 
website at https://www.govinfo.gov/content/pkg/FR-2004-04-30/pdf/04-9153.pdf. EPA also issued the ``Final Rule To Implement the [1997] 
8-Hour Ozone National Ambient Air Quality Standard-Phase 2; Final 
Rule To Implement Certain Aspects of the 1990 Amendments Relating to 
New Source Review and Prevention of Significant Deterioration as 
They Apply in Carbon Monoxide, Particulate Matter and Ozone NAAQS; 
Final Rule for Reformulated Gasoline,'' effective January 30, 2006. 
Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2005-11-29/pdf/05-22698.pdf
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    Four years later, on March 27, 2008, the EPA revised the 8-hour 
ozone standards to a more protective level of 0.075 ppm for both the 
primary and secondary standards (herein referred to as the 2008 ozone 
NAAQS) \8\ and issued implementing regulations for the revised NAAQS 
(herein referred to as the 2008 ozone SIP Requirements Rule) \9\ in 
April 2015. In that rule, the EPA revoked the 1997 ozone NAAQS and 
established requirements to ensure that progress toward clean air in 
those areas would not ``backslide.'' The EPA also stated that it would 
no longer make determinations of attainment by the

[[Page 64048]]

attainment date except to trigger relevant anti-backsliding 
obligations, as the designations and classifications for 1997 ozone 
NAAQS areas were no longer in effect following revocation.
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    \8\ See 73 FR 16436, March 27, 2008, ``National Ambient Air 
Quality Standards for Ozone'' final rule effective May 27, 2008. 
Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2008-03-27/pdf/E8-5645.pdf.
    \9\  See 80 FR 12264, March 6, 2015, ``Implementation of the 
2008 National Ambient Air Quality Standards for Ozone: State 
Implementation Plan Requirements'' final rule effective April 6, 
2015. Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2015-03-06/pdf/2015-04012.pdf.
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    Subsequently, in South Coast Air Quality Management District v. EPA 
(882 F.3d 1138 (D.C. Cir. 2018)) (known as the South Coast II 
decision),\10\ the U.S. Circuit Court of Appeals for the District of 
Columbia vacated, among other things, certain portions of the 2008 
ozone SIP Requirements Rule, in part effectively re-establishing a 
requirement for EPA to reclassify areas that failed to attain the 
revoked 1997 ozone NAAQS by the area's applicable attainment date.\11\ 
The EPA does not interpret the South Coast II decision to compel the 
Agency to issue determinations of attainment by the attainment date or 
to make these updates to part 52 for areas that timely attained the 
revoked 1997 ozone NAAQS. Rather the EPA views these discretionary 
actions as helpful to clarify the status of the affected areas after 
the court decision.
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    \10\ South Coast Air Quality Management District v. EPA, 882 
F.3d 1138 (DC Cir. 2018). Available on the Court of Appeals D.C. 
Circuit website at https://www.cadc.uscourts.gov/internet/
opinions.nsf/217B6778AE3EC89C8525823600532AE0/$file/15-1115-
1718293.pdf.
    \11\ Attainment of the standard is established by calculating 
the 8-hour ozone design values (DVs) using certified quality-assured 
ozone air quality monitoring data available for the three full 
calendar years prior to the attainment date applicable to each area, 
where the standard would be attained at a level less than or equal 
to 0.084 ppm.
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    To clarify the status of areas that attained the 1997 ozone NAAQS 
by the applicable attainment dates, in February 2019, four EPA Regional 
Offices issued letters to four states identifying nine areas that had 
attained the standards by the applicable attainment 
dates.12 13 14 15 The findings were based on certified 
quality-assured air quality monitoring data from the 3 calendar years 
preceding the respective attainment dates. This direct final rule 
updates the regulations at 40 CFR part 52 to reflect these earlier 
findings. The information contained in the letters is summarized in 
Table 1,\16\ including the de sign values (DVs) for the applicable 
attainment dates.\17\
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    \12\ Letter from EPA Region 2, John Filippelli, Director, Clean 
Air and Sustainability Division, to Jared Snyder, Deputy 
Commissioner, Air Resources, Climate Change and Energy, New York 
State Department of Environmental Conservation, dated February 4, 
2019.
    \13\ Letter from EPA Region 5, Edward Nam, Director, Air and 
Radiation Division, to Gail Good, Director, Air Management Program, 
Wisconsin Department of Natural Resources, dated February 8, 2019.
    \14\ Letter from EPA Region 8, Monica Morales, Director, Air 
Program, to Mr. Garry Kaufman, Director, Air Pollution Control 
Division, Colorado Department of Public Health and Environment, 
dated February 8, 2019.
    \15\ Letter from EPA Region 9, Elizabeth J. Adams, Director, Air 
Division, to Richard W. Corey, Executive Officer, California Air 
Resources Board, dated February 21, 2019.
    \16\ The areas' names listed in Table 1 are presented as they 
were when the areas were designated nonattainment in EPA's rule for 
implementing the 1997 ozone NAAQS effective on June 15, 2004. On 
July 15, 2019, the EPA split the Sheboygan County ozone area into 
two parts, identified as the Inland Sheboygan County, Wisconsin, and 
the Shoreline Sheboygan County, Wisconsin, areas.
    \17\ Concerning the Denver-Boulder-Greeley-Ft. Collins-Loveland, 
CO, area as a former EAC area, see 77 FR 28424, May 14, 2012, 
``Final Rule To Implement the 1997 8-Hour Ozone National Ambient Air 
Quality Standard: Classification of Areas That Were Initially 
Classified Under Subpart 1; Revision of the Anti-Backsliding 
Provisions To Address 1-Hour Contingency Measure Requirements; 
Deletion of Obsolete 1-Hour Ozone Standard Provision,'' effective 
date June 13, 2012; see footnote 4 on page 28426 of that notice. 
Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2012-05-14/pdf/2012-11232.pdf#page=2. See also, 69 FR 
23858, April 30, 2004, ``Air Quality Designations and 
Classifications for the [1997] 8-Hour Ozone NAAQS; Early Action 
Compact Areas With Deferred Effective Dates,'' final rule effective 
June 15, 2004. Available on the U.S. GPO website at https://www.govinfo.gov/content/pkg/FR-2004-04-30/pdf/04-9152.pdf.

        Table 1--Nonattainment Areas That Attained by the Attainment Date for the 1997 8-Hour Ozone NAAQS
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                                                                                        Attainment year design
                                                                     Applicable               value (DV)
    EPA region            State                Area name           attainment date  ----------------------------
                                                                                        Level        DV years
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2................  New York...........  Buffalo-Niagara Falls,   June 15, 2010.....        0.076       2007-2009
                                         NY.
2................  New York...........  Jamestown, NY..........  June 15, 2010.....        0.079       2007-2009
2................  New York...........  Jefferson County.......  June 15, 2010.....        0.074       2007-2009
2................  New York...........  Poughkeepsie, NY.......  June 15, 2010.....        0.078       2007-2009
5................  Wisconsin \A\......  Shoreline Sheboygan      June 15, 2010.....        0.079       2007-2009
                                         County, WI.
                                        Inland Sheboygan
                                         County, WI.
8................  Colorado...........  Denver-Boulder-Greeley-  November 20, 2010.        0.078       2007-2009
                                         Ft. Collins-Loveland,
                                         CO.
9................  California.........  San Francisco Bay Area.  June 15, 2007.....        0.080       2004-2006
9................  California.........  Ventura County.........  June 15, 2013.....        0.081       2010-2012
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\A\ The separate Inland Sheboygan County, Wisconsin and Shoreline Sheboygan County, Wisconsin, ozone
  nonattainment areas were originally designated as a single, full-county area named Sheboygan County,
  Wisconsin, covering the same geographic area. The EPA's February 8, 2019, finding of attainment by the
  attainment date for the 1997 ozone NAAQS applied to the original full-county area. On July 15, 2019, the EPA
  revised the original designation by splitting the full-county 1997 ozone area into two separate and distinct
  areas (84 FR 33699, July 15, 2019). This change is reflected in 40 CFR 81.350 ``Wisconsin.'' at https://www.ecfr.gov/cgi-bin/text-idx?SID=0fd7171e7292313c1acf5280be3bdc6e&mc= true&node=sp40.20.81.c&rgn=div6 (see 84
  FR 33699, July 15, 2019, at https://www.govinfo.gov/content/pkg/FR-2019-07-15/pdf/2019-14990.pdf and 40 CFR
  81.350).

III. Summary of Final Action

    This direct final rule updates the regulations at 40 CFR part 52 to 
reflect the earlier findings of determinations of attainment by the 
attainment date for the revoked 1997 ozone NAAQS. Publishing these 
determinations in part 52 will document for the public and state air 
agencies that these areas attained the standards by the applicable 
attainment dates and are therefore not subject to anti-backsliding 
consequences for failure to timely attain the standards.

IV. Environmental Justice Considerations

    This direct final rule requires no 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

    This action is not a significant regulatory action and, therefore, 
was not

[[Page 64049]]

submitted to the Office of Management and Budget 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 a significant regulatory action under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA.

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.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate or significantly 
or uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995, 2 U.S.C. 1531-1538.\18\ The action imposes 
no enforceable duty on any state, local or tribal governments or the 
private sector.
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    \18\ U.S.C. is United States Code.
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F. Executive Order 13132: Federalism

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

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

    This action does not have tribal implications as specified in 
Executive Order 13175. This action will neither impose substantial 
direct compliance costs on federally recognized tribal governments, nor 
preempt tribal law. Thus, Executive Order 13175 does not apply to this 
action.

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

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

I. Executive Order 13211: Actions 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 (see 59 FR 7629, February 16, 1994). The 
documentation for this decision is contained in Section IV of this 
document titled, ``Environmental Justice Considerations.''

L. Congressional Review Act (CRA)

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

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 by December 8, 2020. 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.'' Because this final action makes findings regarding the 
attainment status of areas across the country, in multiple EPA regions 
and within the jurisdictions over multiple U.S. Circuit Courts of 
Appeal, 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. 
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.

List of Subjects in 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 and Volatile organic 
compounds.

Andrew Wheeler,
Administrator.

    For the reasons stated in the preamble, part 52, 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 (l) to read as 
follows:


Sec.  52.282   Control strategy and regulations: Ozone.

* * * * *
    (l) Determination of attainment by the attainment date. Effective 
December 8, 2020, the EPA determined that the San Francisco Bay, CA, 
Marginal ozone nonattainment area attained the revoked 1997 8-hour 
ozone National Ambient Air Quality Standards (NAAQS) by the applicable 
attainment date of June 15, 2007. The determination was based upon 
complete quality-assured and certified data for the 3 calendar years 
2004-2006. Further, the EPA determined that the Ventura County, CA, 
Serious ozone nonattainment area

[[Page 64050]]

attained the standards for the revoked 1997 8-hour NAAQS by the 
applicable attainment date of June 15, 2013. The determination was 
based upon complete quality-assured and certified data for the 3 
calendar years 2010-2012. Under the provisions of the EPA's ozone 
implementation rule, these determinations suspend the applicable 
requirements under 40 CFR 51.900(f) and those listed under Clean Air 
Act sections 172(c) and 182.

Subpart G--Colorado

0
3. Section 52.350 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.350   Control strategy: Ozone.

* * * * *
    (d) Determination of attainment by the attainment date. Effective 
December 8, 2020, the EPA determined the Denver-Boulder-Greeley-Ft. 
Collins-Loveland, CO, Marginal ozone nonattainment area attained the 
revoked 1997 8-hour ozone National Ambient Air Quality Standards 
(NAAQS) by the applicable attainment date of November 20, 2010. The 
determination was based upon complete quality-assured and certified 
data for the three calendar years 2007-2009. Under the provisions of 
the EPA's ozone implementation rule, this determination suspends the 
applicable requirements under 40 CFR 51.900(f) and those listed under 
Clean Air Act sections 172(c) and 182.

Subpart HH--New York

0
4. Section 52.1683 is amended by adding paragraph (s) to read as 
follows:


Sec.  52.1683   Control strategy: Ozone.

* * * * *
    (s) Determination of attainment by the attainment date. Effective 
December 8, 2020, the EPA determined that certain areas in New York 
designated Moderate nonattainment attained the revoked 1997 8-hour 
ozone National Ambient Air Quality Standards (NAAQS) by the applicable 
attainment date of June 15, 2010. The determination was based upon 
complete quality-assured and certified data for the 3 calendar years 
2007-2009. Under the provisions of the EPA's ozone implementation rule, 
this determination suspends the applicable requirements under 40 CFR 
51.900(f) and those listed under Clean Air Act sections 172(c) and 182 
for:
    (1) Buffalo-Niagara Falls (consisting of Erie and Niagara 
Counties).
    (2) Jamestown (consisting of Chautauqua County).
    (3) Jefferson County (consisting of Jefferson County).
    (4) Poughkeepsie (consisting of Dutchess, Orange and Putnam 
Counties).

Subpart YY--Wisconsin

0
5. Section 52.2585 is amended by adding paragraph (nn) to read as 
follows:


Sec.  52.2585   Control strategy: Ozone.

* * * * *
    (nn) Determination of attainment by the attainment date. Effective 
December 8, 2020, the EPA determined that the Shoreline Sheboygan 
County, Wisconsin, and the Inland Sheboygan County, Wisconsin, Moderate 
ozone nonattainment areas attained the revoked 1997 8-hour ozone 
National Ambient Air Quality Standards (NAAQS) by the applicable 
attainment date of June 15, 2010. The determinations are based upon 
complete quality-assured and certified data for the three calendar 
years 2007-2009. Together, the separate Shoreline Sheboygan County, 
Wisconsin, and the Inland Sheboygan County, Wisconsin, areas encompass 
the identical geographic area of the original full-county Sheboygan 
County, Wisconsin, area. The EPA's initial February 8, 2019, 
determination of attainment by the attainment date applied to the 
original full-county area, and continues to apply to the separate 
areas. Under the provisions of the EPA's ozone implementation rule, 
this determination suspends the applicable requirements under 40 CFR 
51.900(f) and those listed under Clean Air Act sections 172(c) and 182.
* * * * *
[FR Doc. 2020-19559 Filed 10-8-20; 8:45 am]
BILLING CODE 6560-50-P


