81 FR 66617 - Reclassification of the Sheboygan, Wisconsin Area To Moderate Nonattainment for the 2008 Ozone NAAQS
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 188 (September 28, 2016)
Federal Register Volume 81, Issue 188 (September 28, 2016)
| Page Range | 66617-66619 | |
| FR Document | 2016-23294 |
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)] [Proposed Rules] [Pages 66617-66619] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23294] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-R05-OAR-2016-0277; FRL-9953-09-Region 5] Reclassification of the Sheboygan, Wisconsin Area To Moderate Nonattainment for the 2008 Ozone NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to determine that the Sheboygan, Wisconsin area (Sheboygan County) has failed to attain the 2008 ozone National Ambient Air Quality Standards (NAAQS) by the applicable attainment date of July 20, 2016, and that this area is not eligible for an extension of the attainment date. EPA is proposing to reclassify this area as ``moderate'' nonattainment for the 2008 ozone NAAQS. Once reclassified as moderate, the State of Wisconsin must submit State Implementation Plan (SIP) revisions that meet the statutory and regulatory requirements that apply to areas classified as moderate nonattainment for the 2008 ozone NAAQS. EPA is proposing to require submission of the necessary moderate area SIP revisions as expeditiously as practicable, but no later than January 1, 2017. DATES: Comments must be received on or before October 28, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2016-0277 at http://www.regulations.gov or via email to [email protected]. 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, 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. 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://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. How does EPA determine whether an area has attained the 2008 ozone standard? III. What is EPA proposing and what is the rationale? IV. Summary of Proposed Actions V. Statutory and Executive Order Reviews I. Background On April 30, 2012, the Sheboygan area was designated as nonattainment for the 2008 ozone NAAQS and was classified as marginal, effective July 20, 2012 (77 FR 30088, May 21, 2012). On March 6, 2015 (80 FR 12264), in the implementation rule for the 2008 ozone [[Page 66618]] NAAQS, EPA established an attainment deadline of July 20, 2015, for marginal areas. Clean Air Act (CAA) section 181(b)(2) requires EPA to determine, based on an area's ozone design value \1\ as of the area's attainment deadline, whether the area has attained the ozone standard by that date. The statute provides a mechanism by which states that meet certain criteria may request and be granted by the EPA Administrator a one-year extension of an area's attainment deadline. The CAA also requires that areas that have not attained the standard by their attainment deadlines be reclassified to either the next ``highest'' classification (e.g., marginal to moderate, moderate to serious, etc.) or to the classifications applicable to the areas' design values. --------------------------------------------------------------------------- \1\ An area's ozone design value for the eight-hour ozone NAAQS is the highest three-year average of the annual fourth-highest daily maximum eight-hour average concentrations of all monitors in the area. To determine whether an area has attained the ozone NAAQS prior to the attainment date, EPA considers the monitor-specific ozone design values in the area for the most recent three years with complete, quality-assured monitored ozone data prior to the attainment deadline. --------------------------------------------------------------------------- On May 4, 2016 (81 FR 26697), based on EPA's evaluation and determination that the area met the attainment date extension criteria of CAA section 181(8)(5), EPA granted the Sheboygan area a one-year extension of the marginal area attainment date to July 20, 2016. II. How does EPA determine whether an area has attained the 2008 ozone standard? Under EPA regulations at 40 CFR part 50, appendix P, the 2008 ozone NAAQS is attained at a site when the three-year average of the annual fourth-highest daily maximum eight-hour average ambient air quality ozone concentration is less than or equal to 0.075 parts per million (ppm). This three-year average is referred to as the design value. When the design value is less than or equal to 0.075 ppm at each ambient air quality monitoring site within the area, then the area is deemed to be meeting the NAAQS. The rounding convention under 40 CFR part 50, appendix P, dictates that concentrations shall be reported in ppm to the third decimal place, with additional digits to the right being truncated. Thus, a computed three-year average ozone concentration of 0.076 ppm is greater than 0.075 ppm and, therefore, over the standard. EPA's determination is based upon data that have been collected and quality-assured in accordance with 40 CFR part 58 and recorded in EPA's Air Quality System database (formerly known as the Aerometric Information Retrieval System). Ambient air quality monitoring data for the three-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent of required monitoring days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined according to appendix P of part 50. III. What is EPA proposing and what is the rationale? A. Determination of Failure To Attain and Reclassification EPA is issuing this proposal pursuant to the agency's statutory obligation under CAA section 181(b)(2) to determine whether the Sheboygan nonattainment area has attained the 2008 ozone NAAQS by the applicable attainment date of July 20, 2016. In this action, EPA is proposing to determine that the Sheboygan area failed to attain the 2008 ozone NAAQS by the applicable attainment date of July 20, 2016. This area is not eligible for an additional one-year attainment date extension because, at 0.076 ppm, the average of the 2014 and 2015 annual fourth highest daily maximum eight-hour average ozone concentrations for the monitor in the area is greater than 0.075 ppm. (2014 and 2015 are the last two full years of complete air quality data prior to the July 20, 2016, attainment date.) Table 2 shows the relevant monitoring data for the Sheboygan area. Table 2 -------------------------------------------------------------------------------------------------------------------------------------------------------- 2013-2015 Area County Monitor 2013 4th high 2014 4th high 2015 4th high Average -------------------------------------------------------------------------------------------------------------------------------------------------------- Sheboygan, WI....................... Sheboygan............. Kohler Andre Park 0.078 0.072 0.081 0.077 551170006. -------------------------------------------------------------------------------------------------------------------------------------------------------- CAA section 181(b)(2)(A) provides that a marginal nonattainment area shall be reclassified by operation of law upon a determination by the EPA that such area failed to attain the relevant NAAQS by the applicable attainment date. Based on quality-assured ozone monitoring data from 2013-2015, as shown in Table 2, the new classification applicable to the Sheboygan area would be the next higher classification of ``moderate'' under the CAA statutory scheme.\2\ --------------------------------------------------------------------------- \2\ The 2013-2015 design value the Sheboygan area does not exceed 0.100 ppm, which is the threshold for reclassifying an area to serious per CAA section 181(b)(2)(A)(ii) and 40 CFR 51.1103. --------------------------------------------------------------------------- Moderate nonattainment areas are required to attain the standard ``as expeditiously as practicable'' but no later than six years after the initial designation as nonattainment (which, in the case of the Sheboygan area, is July 20, 2018). The attainment deadlines associated with each classification are prescribed by the CAA and codified at 40 CFR 51.1103. B. Moderate Area SIP Revision Submission Deadline Wisconsin will be required to submit a revised SIP that addresses the CAA's moderate nonattainment area requirements, as interpreted and described in the final ozone NAAQS. See 40 CFR 51.1100 et seq. Those requirements include: (1) An attainment demonstration (CAA section 182(b) and 40 CFR 51.1108); (2) provisions for volatile organic compounds (VOC) and nitrogen oxides (NOX ) reasonably available control technology (RACT) (CAA section 182(b)(2) and 40 CFR 51.1112(a)-(b)) and reasonably available control measures (RACM) (CAA section 172(c)(1) and 40 CFR 51.1112(c)); (3) reasonable further progress (RFP) reductions in VOC and/or NOx emissions in the area (CAA sections 172(c)(2) and 182(b)(1) and 40 CFR 51.1110); (4) contingency measures to be implemented in the event of failure to meet a milestone or to attain the standard (CAA section 172(c)(9)); (5) a vehicle inspection and maintenance program, if applicable (CAA section 181(b)(4) and 40 CFR 51.350); and, (6) NOX and VOC emission offsets at a ratio of 1.15 to 1 for major source permits (CAA section 182(b)(5) and 40 CFR 51.165(a)). See also the requirements for moderate ozone nonattainment areas set [[Page 66619]] forth in CAA section 182(b) and the general nonattainment plan provisions required under CAA section 172(c). When an area is reclassified under CAA section 181(b)(2), CAA section 182(i) requires the state to meet the new requirements according to the schedules prescribed in those requirements. It provides, however, ``that the Administrator may adjust any applicable deadlines (other than attainment dates) to the extent such adjustment is necessary or appropriate to assure consistency among the required submissions.'' CAA section 182(b), as interpreted by 40 CFR 51.1100 et seq., describes the required SIP revisions and associated deadlines for a nonattainment area classified as moderate at the time of the initial designations. However, these SIP submission deadlines (e.g., three years after the effective date of designation for submission of an attainment plan and attainment demonstration) have already passed. Accordingly, EPA is proposing to exercise its discretion under CAA section 182(i) to adjust the SIP submittal deadlines for the Sheboygan area. In determining an appropriate deadline for the moderate area SIP revisions for the Sheboygan area, EPA notes that, pursuant to 40 CFR 51.1108(d), the state must provide for implementation of all control measures needed for attainment no later than the beginning of the attainment year ozone season. The attainment year ozone season is the ozone season immediately preceding a nonattainment area's attainment date. In the case of nonattainment areas classified as moderate for the 2008 ozone NAAQS, the attainment year ozone season is the 2017 ozone season (40 CFR 51.1100(h)). Further, in the implementation rule for the 2008 ozone NAAQS, EPA established the requirement for areas to implement RACT measures as expeditiously as practicable, but no later than January 1 of the fifth year after the effective date of a nonattainment designation. (81 FR 12280) For the nonattainment designations that were effective July 20, 2012, this would require RACT measures (for areas where they are required) to be implemented by January 1, 2017. This implementation deadline ensured that RACT measures would be required to be in place no later than the last ozone season prior to the moderate area attainment date of July 20, 2018. The January 1, 2017, SIP submission deadline is consistent with the SIP submission deadline established for all other Marginal nonattainment areas in the country that were recently reclassified to Moderate for the 2008 ozone NAAQS,\3\ and is consistent with the timeframes in the CAA as codified in the EPA's implementing regulations. Accordingly, EPA is proposing to require Wisconsin to submit the required SIP revisions no later than January 1, 2017. --------------------------------------------------------------------------- \3\ See 81 FR 26697 (May 4, 2016). --------------------------------------------------------------------------- IV. Summary of Proposed Actions EPA is proposing to determine that the Sheboygan area failed to attain the 2008 ozone NAAQS by the applicable attainment date of July 20, 2016, is not eligible for an additional one-year attainment date extension, and must be reclassified as moderate. EPA is also proposing to require Wisconsin to submit SIP revisions to address moderate area requirements as expeditiously as practicable, but no later than January 1, 2017. V. Statutory and Executive Order Reviews Under section 181(b)(2) of the CAA, a determination of nonattainment is a factual determination based upon air quality considerations and the resulting reclassification must occur by operation of law. A determination of nonattainment and the resulting reclassification of a nonattainment area by operation of law under section 181(b)(2) does not in and of itself create any new requirements, but rather applies the requirements contained in the CAA. For these reasons, this 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); 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 CAA; 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 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: September 14, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. [FR Doc. 2016-23294 Filed 9-27-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules 66617
status of a geographical area and do not or in any other area where EPA or an DATES: Comments must be received on
impose any additional regulatory Indian tribe has demonstrated that a or before October 28, 2016.
requirements on sources beyond those tribe has jurisdiction. In those areas of ADDRESSES: Submit your comments,
imposed by state law. A redesignation to Indian country, this rule does not have identified by Docket ID No. EPA–R05–
attainment does not in and of itself tribal implications as specified by OAR–2016–0277 at http://
create any new requirements, but rather Executive Order 13175 (65 FR 67249, www.regulations.gov or via email to
results in the applicability of November 9, 2000), because Aburano.Douglas@epa.gov. For
requirements contained in the CAA for redesignation is an action that affects comments submitted at Regulations.gov,
areas that have been redesignated to the status of a geographical area and follow the online instructions for
attainment. Moreover, the Administrator does not impose any new regulatory submitting comments. Once submitted,
is required to approve a SIP submission requirements on tribes, impact any comments cannot be edited or removed
that complies with the provisions of the existing sources of air pollution on from Regulations.gov. For either manner
CAA and applicable Federal regulations. tribal lands, nor impair the maintenance of submission, EPA may publish any
42 U.S.C. 7410(k); 40 CFR 52.02(a). of ozone national ambient air quality comment received to its public docket.
Thus, in reviewing SIP submissions, standards in tribal lands. Do not submit electronically any
EPA’s role is to approve state choices, information you consider to be
List of Subjects in 40 CFR Part 52
provided that they meet the criteria of Confidential Business Information (CBI)
the CAA. Accordingly, this action Environmental protection, Air or other information whose disclosure is
merely approves state law as meeting pollution control, Incorporation by restricted by statute. Multimedia
Federal requirements and does not reference, Intergovernmental relations, submissions (audio, video, etc.) must be
impose additional requirements beyond Oxides of nitrogen, Ozone, Volatile accompanied by a written comment.
those imposed by state law. For that organic compounds. The written comment is considered the
reason, this action: Dated: September 19, 2016. official comment and should include
• Is not a significant regulatory action Robert A. Kaplan, discussion of all points you wish to
subject to review by the Office of make. EPA will generally not consider
Acting Regional Administrator, Region 5.
Management and Budget under comments or comment contents located
[FR Doc. 2016–23301 Filed 9–27–16; 8:45 am]
Executive Orders 12866 (58 FR 51735, outside of the primary submission (i.e.
BILLING CODE 6560–50–P
October 4, 1993) and 13563 (76 FR 3821, on the web, cloud, or other file sharing
January 21, 2011); system). For additional submission
• Does not impose an information methods, please contact the person
collection burden under the provisions ENVIRONMENTAL PROTECTION
AGENCY identified in the FOR FURTHER
of the Paperwork Reduction Act (44 INFORMATION CONTACT section. For the
U.S.C. 3501 et seq.); 40 CFR Part 81 full EPA public comment policy,
• Is certified as not having a information about CBI or multimedia
significant economic impact on a [EPA–R05–OAR–2016–0277; FRL–9953–09– submissions, and general guidance on
substantial number of small entities Region 5] making effective comments, please visit
under the Regulatory Flexibility Act (5 http://www2.epa.gov/dockets/
U.S.C. 601 et seq.); Reclassification of the Sheboygan,
commenting-epa-dockets.
• Does not contain any unfunded Wisconsin Area To Moderate
mandate or significantly or uniquely Nonattainment for the 2008 Ozone FOR FURTHER INFORMATION CONTACT:
affect small governments, as described NAAQS Kathleen D’Agostino, Environmental
in the Unfunded Mandates Reform Act Scientist, Attainment Planning and
of 1995 (Pub. L. 104–4); AGENCY: Environmental Protection Maintenance Section, Air Programs
• Does not have Federalism Agency (EPA). Branch (AR–18J), Environmental
implications as specified in Executive ACTION: Proposed rule. Protection Agency, Region 5, 77 West
Order 13132 (64 FR 43255, August 10, Jackson Boulevard, Chicago, Illinois
1999); SUMMARY: The Environmental Protection 60604, (312) 886–1767,
• Is not an economically significant Agency (EPA) is proposing to determine dagostino.kathleen@epa.gov.
regulatory action based on health or that the Sheboygan, Wisconsin area SUPPLEMENTARY INFORMATION:
safety risks subject to Executive Order (Sheboygan County) has failed to attain Throughout this document whenever
13045 (62 FR 19885, April 23, 1997); the 2008 ozone National Ambient Air ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
• Is not a significant regulatory action Quality Standards (NAAQS) by the EPA. This SUPPLEMENTARY INFORMATION
subject to Executive Order 13211 (66 FR applicable attainment date of July 20, section is arranged as follows:
28355, May 22, 2001); 2016, and that this area is not eligible
I. Background
• Is not subject to requirements of for an extension of the attainment date.
II. How does EPA determine whether an area
Section 12(d) of the National EPA is proposing to reclassify this area
has attained the 2008 ozone standard?
Technology Transfer and Advancement as ‘‘moderate’’ nonattainment for the III. What is EPA proposing and what is the
Act of 1995 (15 U.S.C. 272 note) because 2008 ozone NAAQS. Once reclassified rationale?
application of those requirements would as moderate, the State of Wisconsin IV. Summary of Proposed Actions
be inconsistent with the CAA; and must submit State Implementation Plan V. Statutory and Executive Order Reviews
• Does not provide EPA with the (SIP) revisions that meet the statutory
sradovich on DSK3GMQ082PROD with PROPOSALS
and regulatory requirements that apply I. Background
discretionary authority to address, as
appropriate, disproportionate human to areas classified as moderate On April 30, 2012, the Sheboygan
health or environmental effects, using nonattainment for the 2008 ozone area was designated as nonattainment
practicable and legally permissible NAAQS. EPA is proposing to require for the 2008 ozone NAAQS and was
methods, under Executive Order 12898 submission of the necessary moderate classified as marginal, effective July 20,
(59 FR 7629, February 16, 1994). area SIP revisions as expeditiously as 2012 (77 FR 30088, May 21, 2012). On
In addition, the SIP is not approved practicable, but no later than January 1, March 6, 2015 (80 FR 12264), in the
to apply on any Indian reservation land 2017. implementation rule for the 2008 ozone
VerDate Sep<11>2014 17:27 Sep 27, 2016 Jkt 238001 PO 00000 Frm 00073 Fmt 4702 Sfmt 4702 E:\FR\FM\28SEP1.SGM 28SEP1](https://thefederalregister.org/doc/81_FR_66805/page/1.svg)
![Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules 66619
forth in CAA section 182(b) and the than the last ozone season prior to the substantial number of small entities
general nonattainment plan provisions moderate area attainment date of July under the Regulatory Flexibility Act (5
required under CAA section 172(c). 20, 2018. U.S.C. 601 et seq.);
When an area is reclassified under The January 1, 2017, SIP submission • Does not contain any unfunded
CAA section 181(b)(2), CAA section deadline is consistent with the SIP mandate or significantly or uniquely
182(i) requires the state to meet the new submission deadline established for all affect small governments, as described
requirements according to the schedules other Marginal nonattainment areas in in the Unfunded Mandates Reform Act
prescribed in those requirements. It the country that were recently of 1995 (Pub. L. 104–4);
provides, however, ‘‘that the reclassified to Moderate for the 2008 • Does not have Federalism
Administrator may adjust any ozone NAAQS,3 and is consistent with implications as specified in Executive
applicable deadlines (other than the timeframes in the CAA as codified Order 13132 (64 FR 43255, August 10,
attainment dates) to the extent such in the EPA’s implementing regulations. 1999);
adjustment is necessary or appropriate Accordingly, EPA is proposing to • Is not an economically significant
to assure consistency among the require Wisconsin to submit the regulatory action based on health or
required submissions.’’ CAA section required SIP revisions no later than safety risks subject to Executive Order
182(b), as interpreted by 40 CFR 51.1100 January 1, 2017.
et seq., describes the required SIP 13045 (62 FR 19885, April 23, 1997);
revisions and associated deadlines for a IV. Summary of Proposed Actions • Is not a significant regulatory action
nonattainment area classified as EPA is proposing to determine that subject to Executive Order 13211 (66 FR
moderate at the time of the initial the Sheboygan area failed to attain the 28355, May 22, 2001);
designations. However, these SIP 2008 ozone NAAQS by the applicable • Is not subject to requirements of
submission deadlines (e.g., three years attainment date of July 20, 2016, is not Section 12(d) of the National
after the effective date of designation for eligible for an additional one-year Technology Transfer and Advancement
submission of an attainment plan and attainment date extension, and must be Act of 1995 (15 U.S.C. 272 note) because
attainment demonstration) have already reclassified as moderate. EPA is also application of those requirements would
passed. Accordingly, EPA is proposing proposing to require Wisconsin to be inconsistent with the CAA; and
to exercise its discretion under CAA submit SIP revisions to address • Does not provide EPA with the
section 182(i) to adjust the SIP submittal moderate area requirements as discretionary authority to address, as
deadlines for the Sheboygan area. expeditiously as practicable, but no later appropriate, disproportionate human
In determining an appropriate than January 1, 2017. health or environmental effects, using
deadline for the moderate area SIP practicable and legally permissible
revisions for the Sheboygan area, EPA V. Statutory and Executive Order methods, under Executive Order 12898
notes that, pursuant to 40 CFR Reviews (59 FR 7629, February 16, 1994).
51.1108(d), the state must provide for Under section 181(b)(2) of the CAA, a In addition, the SIP is not approved
implementation of all control measures determination of nonattainment is a to apply on any Indian reservation land
needed for attainment no later than the factual determination based upon air or in any other area where EPA or an
beginning of the attainment year ozone quality considerations and the resulting Indian tribe has demonstrated that a
season. The attainment year ozone reclassification must occur by operation tribe has jurisdiction. In those areas of
season is the ozone season immediately of law. A determination of Indian country, the rule does not have
preceding a nonattainment area’s nonattainment and the resulting tribal implications and will not impose
attainment date. In the case of reclassification of a nonattainment area substantial direct costs on tribal
nonattainment areas classified as by operation of law under section governments or preempt tribal law as
moderate for the 2008 ozone NAAQS, 181(b)(2) does not in and of itself create specified by Executive Order 13175 (65
the attainment year ozone season is the any new requirements, but rather FR 67249, November 9, 2000).
2017 ozone season (40 CFR 51.1100(h)). applies the requirements contained in
Further, in the implementation rule the CAA. For these reasons, this action: List of Subjects in 40 CFR Part 81
for the 2008 ozone NAAQS, EPA • Is not a significant regulatory action Environmental protection,
established the requirement for areas to subject to review by the Office of Administrative practice and procedure,
implement RACT measures as Management and Budget under Air pollution control, Designations and
expeditiously as practicable, but no later Executive Orders 12866 (58 FR 51735, classifications, Intergovernmental
than January 1 of the fifth year after the October 4, 1993) and 13563 (76 FR 3821, relations, Nitrogen oxides, Ozone,
effective date of a nonattainment January 21, 2011); Reporting and recordkeeping
designation. (81 FR 12280) For the • Does not impose an information requirements, Volatile organic
nonattainment designations that were collection burden under the provisions compounds.
effective July 20, 2012, this would of the Paperwork Reduction Act (44
require RACT measures (for areas where Dated: September 14, 2016.
U.S.C. 3501 et seq.);
they are required) to be implemented by • Is certified as not having a Robert A. Kaplan,
January 1, 2017. This implementation significant economic impact on a Acting Regional Administrator, Region 5.
deadline ensured that RACT measures [FR Doc. 2016–23294 Filed 9–27–16; 8:45 am]
would be required to be in place no later 3 See 81 FR 26697 (May 4, 2016). BILLING CODE 6560–50–P
sradovich on DSK3GMQ082PROD with PROPOSALS
VerDate Sep<11>2014 17:27 Sep 27, 2016 Jkt 238001 PO 00000 Frm 00075 Fmt 4702 Sfmt 9990 E:\FR\FM\28SEP1.SGM 28SEP1](https://thefederalregister.org/doc/81_FR_66805/page/3.svg)
Document Created: 2016-09-28 01:08:34
Document Modified: 2016-09-28 01:08:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before October 28, 2016. | |
| Contact | Kathleen D'Agostino, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, [email protected] | |
| FR Citation | 81 FR 66617 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Designations and Classifications; Intergovernmental Relations; Nitrogen Oxides; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR