[Federal Register Volume 85, Number 60 (Friday, March 27, 2020)]
[Proposed Rules]
[Pages 17301-17303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06273]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0132; FRL-10007-10-Region 1]


Air Plan Approval and Air Quality Designation; Connecticut; 
Determination of Clean Data for the 2008 8-Hour Ozone Standard for the 
Greater Connecticut Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Greater Connecticut Serious 8-hour ozone 
nonattainment area has attained the 2008 8-hour National Ambient Air 
Quality Standard (NAAQS) for ozone, based on certified 2016-2018 ozone 
data. In addition, quality controlled and quality assured ozone data 
for 2019 that are available in the EPA Air Quality System, but not yet 
certified, do not conflict with the conclusion that this area attains 
the 2008 8-hour ozone NAAQS. If this proposed determination is made 
final, the requirements for this area to submit an attainment 
demonstration, a reasonable further progress plan, contingency 
measures, and other planning State Implementation Plan (SIP) revisions 
related to attainment of the 2008 8-hour ozone NAAQS shall be suspended 
for so long as the area continues to attain the ozone NAAQS. This 
action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before April 27, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0132 at https://www.regulations.gov, or via email to 
townsend.elizabeth@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www.epa.gov/dockets/commenting-epa-dockets. Publicly 
available docket materials are available at https://www.regulations.gov 
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional 
Office, Air and Radiation Division, 5 Post Office Square--Suite 100, 
Boston, MA. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: Elizabeth Townsend, Air Quality 
Branch, U.S. Environmental Protection Agency, Region 1, 5 Post Office 
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617) 
918-1614, email townsend.elizabeth@epa.gov.

SUPPLEMENTARY INFORMATION:  Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Analysis of Air Quality Data
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 27, 2008, EPA revised the National Ambient Air Quality 
Standard (NAAQS) for ozone to establish a new 8-hour standard of 0.075 
parts per million (ppm). On May 21, 2012 (77 FR 30087), EPA established 
initial classifications for designated nonattainment areas under the 
2008 8-hour ozone NAAQS and classified Greater Connecticut (an area 
containing Hartford County, Litchfield County, New London County, 
Tolland County, and Windham County) as a Marginal nonattainment area. 
This designation was based on certified air quality monitoring data 
from calendar years 2008-2010.
    On May 4, 2016 (81 FR 26697), EPA published the final notice in the 
Federal Register stating that Greater Connecticut failed to attain the 
2008 8-hour ozone NAAQS by the attainment date of July 20, 2015 and 
changed the classification for Greater Connecticut to the next higher 
classification of Moderate under the CAA statutory scheme.
    On August 23, 2019 (84 FR 44238), Greater Connecticut was 
reclassified from a Moderate to Serious ozone nonattainment area. This 
designation was based on certified 2015-2017 ozone data that showed the 
Greater Connecticut area failed to attain the 2008 8-hour ozone NAAQS 
by the attainment date of July 20, 2018. More recent air quality data 
indicates that the Greater Connecticut area is now attaining the 2008 
8-hour ozone standard.

II. Analysis of Air Quality Data

    EPA has reviewed the ambient air monitoring data for ozone, 
consistent with the requirements contained in 40 CFR part 50 and 
recorded in the EPA Air Quality System (AQS) database for the Greater 
Connecticut ozone nonattainment area from 2016 through the present 
time. On the basis of that review, EPA has concluded that this area 
attained the 2008 8-hour ozone standard at the end of the 2018 ozone 
season, based on certified 2016-2018 ozone data. In addition, quality 
controlled and quality assured ozone data for 2019 that are available 
in AQS, but not yet certified, do not conflict with the conclusion that 
this area attains the 2008 8-hour ozone NAAQS.
    Under EPA regulations, the 2008 8-hour ozone standard is attained 
when the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentrations at an ozone monitor is less than or 
equal to 0.075 parts per million (ppm) (See 73 FR 16436). This 3-year 
average is referred to as the design value. When calculating the design 
value, digits to the right of the third decimal place are truncated 
(See 73 FR 16436). When the design value is less than or equal to 0.075 
ppm at each monitor within the area, then the area is meeting the 
NAAQS. Also, the data completeness requirement is met when the average 
percent of days with valid ambient monitoring data is greater than 90%, 
and no single year has less than 75% data completeness as determined in 
Appendix I of 40 CFR part 50.

[[Page 17302]]

    Table 1 shows the fourth-highest maximum 8-hour average ozone 
concentrations for the Greater Connecticut nonattainment area monitors 
for the years 2016-2019. Table 2 shows the ozone design values for 
these same monitors based on the following 3-year periods: 2016-2018 
and 2017-2019.

  Table 1--Fourth-High 8-Hour Ozone Average Concentrations (parts per million, ppm) in the Greater Connecticut
                                                      Area
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            Location                AQS site ID        2016            2017            2018            2019
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Abington........................        90159991           0.074           0.075           0.072           0.066
Cornwall........................        90050005           0.078           0.067           0.071           0.062
East Hartford...................        90031003           0.075           0.070           0.067           0.072
Groton..........................        90110008           0.075           0.078           0.074           0.075
Stafford........................        90131001           0.072            0.07           0.071           0.073
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                       Table 2--Ozone Design Values (ppm) for the Greater Connecticut Area
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                                                                                                     2017-2019
                            Location                                AQS site ID      2016-2018     (preliminary)
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Abington........................................................        90159991           0.071           0.071
Cornwall........................................................        90050005           0.070           0.066
East Hartford...................................................        90031003           0.069           0.069
Groton..........................................................        90110008           0.075           0.075
Stafford........................................................        90131001           0.071           0.071
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    EPA's review of these data indicate that the Greater Connecticut 
ozone nonattainment area has met and continues to meet the 2008 8-hour 
ozone NAAQS.

III. Proposed Action

    EPA is proposing to determine that the Greater Connecticut Serious 
8-hour ozone nonattainment area has attained the 2008 8-hour NAAQS for 
ozone. This determination is based upon certified ambient air 
monitoring data that show the area has monitored attainment of the 
ozone NAAQS based on 2016-2018 data. In addition, quality controlled 
and quality assured ozone data for 2019 that are available in the EPA 
AQS database, but not yet certified, do not conflict with the 
conclusion that this area attains the 2008 8-hour ozone NAAQS. As 
provided in 40 CFR 51.918, if EPA finalizes this determination, it 
would suspend the requirements for Connecticut to submit an attainment 
demonstration, a reasonable further progress plan, and contingency 
measures under CAA section 172(c)(9), and any other planning State 
Implementation Plan (SIP) revision related to attainment of the 2008 8-
hour ozone NAAQS for this area, for so long as the area continues to 
attain the standard. EPA is soliciting public comments on the issues 
discussed in this document or on other relevant matters. These comments 
will be considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to this proposed rule by following the instructions listed in 
the ADDRESSES section of this Federal Register.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by

[[Page 17303]]

reference, Ozone, Reporting and recordkeeping requirements.

    Dated: March 19, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020-06273 Filed 3-26-20; 8:45 am]
 BILLING CODE 6560-50-P


