82 FR 29246 - Extension of Deadline for Promulgating Designations for the 2015 Ozone National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 123 (June 28, 2017)

The Environmental Protection Agency (EPA) is announcing that it is using its authority under the Clean Air Act (CAA) to extend by 1 year the deadline for promulgating initial area designations for the ozone national ambient air quality standards (NAAQS) that were promulgated in October 2015. The new deadline is October 1, 2018.

[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Rules and Regulations]
[Pages 29246-29247]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13437]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 81

[EPA-HQ-OAR-2017-0223; FRL-9964-37-OAR]


Extension of Deadline for Promulgating Designations for the 2015 
Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of deadline for promulgating designations.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing that 
it is using its authority under the Clean Air Act (CAA) to extend by 1 
year the deadline for promulgating initial area designations for the 
ozone national ambient air quality standards (NAAQS) that were 
promulgated in October 2015. The new deadline is October 1, 2018.

DATES: The deadline for the EPA to promulgate initial designations for 
the 2015 ozone NAAQS is October 1, 2018.

FOR FURTHER INFORMATION CONTACT: For questions regarding this action, 
contact Denise Scott, Air Quality Planning Division, Office of Air 
Quality Planning and Standards, Mail Code C539-04, Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-4208; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this action include state, local 
and tribal governments that would participate in the initial area 
designation process for the 2015 ozone standards.

B. Where can I get a copy of this document and other related 
information?

    The EPA has established a docket for designations for the 2015 
ozone NAAQS under Docket ID No. EPA-HQ-OAR-2017-0223. All documents in 
the docket are listed in the http://www.regulations.gov index. Although 
listed in the index, some information is not publicly available, e.g., 
confidential business information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
http://www.regulations.gov or in hard copy at the EPA Docket Center 
EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
EPA Docket Center is (202) 566-1742.
    An electronic copy of this notice is also available at http://www.epa.gov/ozone-designations along with other information related to 
designations for the 2015 ozone NAAQS.

II. Designations Requirements

    On October 1, 2015, the EPA signed a notice of final rulemaking 
that revised the 8-hour primary and secondary ozone NAAQS (80 FR 65292; 
October 26, 2015). The primary standard was lowered from 0.075 parts 
per million (ppm) to a level of 0.070 ppm. The EPA also revised the 
secondary standard by making it identical in all respects to the 
revised primary standard. (The previous ozone NAAQS were set in 2008 
and remain effective.)
    After the EPA establishes or revises a NAAQS pursuant to CAA 
section 109, the CAA directs the EPA and the states to begin taking 
steps to ensure that those NAAQS are met. The first step is to identify 
areas of the country that do not meet the new or revised NAAQS. This 
step is known as the initial area designations. Section 107(d)(1)(A) of 
the CAA provides that, ``By such date as the Administrator may 
reasonably require, but not later than 1 year after promulgation of a 
new or revised national ambient air quality standard for any pollutant 
under section [109], the Governor of each State shall * * * submit to 
the Administrator a list of all areas (or portions thereof) in the 
State'' that designates those areas as nonattainment, attainment, or 
unclassifiable. The CAA defines an area as nonattainment if it is 
violating the NAAQS or if it is contributing to a violation in a nearby 
area. 42 U.S.C. 7407(d)(1)(A)(i).
    The CAA further provides, ``Upon promulgation or revision of a 
national ambient air quality standard, the Administrator shall 
promulgate the designations of all areas (or portions thereof) * * * as 
expeditiously as practicable, but in no case later than 2 years from 
the date of promulgation of the new or revised national ambient air 
quality standard. Such period may be extended for up to one year in the 
event the Administrator has insufficient information to promulgate the

[[Page 29247]]

designations.'' 42 U.S.C. 7407(d)(1)(B)(i).
    After the states submit their recommendations, but no later than 
120 days prior to promulgating designations, the EPA is required to 
notify a state of any intended modifications to the state's recommended 
designation. The state then has an opportunity to demonstrate why any 
proposed modification is inappropriate. Whether or not a state provides 
a recommendation, the EPA must promulgate the designation that the 
agency deems appropriate within 2 years of promulgation of the NAAQS 
(or within 3 years if the EPA extends the deadline).
    For the 2015 ozone NAAQS, the deadline for states to submit 
designation recommendations to the EPA for their areas was October 1, 
2016. The EPA has been evaluating these recommendations and conducting 
additional analyses to determine whether it is necessary to modify any 
of the state recommendations.

III. Extension of Deadline for Promulgating Designations for the 2015 
NAAQS

    In this action, the EPA is announcing that it is using its 
authority under section 107(d)(1)(B)(i) of the CAA to extend by 1 year 
the deadline for promulgating initial area designations for the 2015 
ozone NAAQS. The new deadline is October 1, 2018. For the reasons 
explained in this notice, the EPA Administrator has determined that 
there is insufficient information to complete the designations by 
October 1, 2017.
    Following the recent change in administrations, the agency is 
currently evaluating a host of complex issues regarding the 2015 ozone 
NAAQS and its implementation, such as understanding the role of 
background ozone levels and appropriately accounting for international 
transport. The Administrator has determined that he cannot assess 
whether he has the necessary information to finalize designations until 
additional analyses from this evaluation are available. In addition, 
pursuant to language in the recently-enacted Fiscal Year 2017 omnibus 
bill, the Administrator is establishing an Ozone Cooperative Compliance 
Task Force to develop additional flexibilities for states to comply 
with the ozone standard. It is possible the outcome of that effort 
could identify flexibilities that could impact the designations 
process. In light of the analyses currently underway at the agency, the 
Administrator has determined he needs additional time to consider 
completely all designation recommendations provided by state governors 
pursuant to CAA section 107(d)(1)(A), including full consideration of 
exceptional events impacting designations, and determine whether they 
provide sufficient information to finalize designations. We also note 
that new agency officials are currently reviewing the 2015 ozone NAAQS 
rule. The Administrator has determined that in light of the uncertainty 
of the outcome of that review, there is insufficient information to 
promulgate designations by October 1, 2017.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: June 21, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-13437 Filed 6-27-17; 8:45 am]
 BILLING CODE 6560-50-P