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)

Page Range		29246-29247
FR Document		2017-13437

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 Issue 123 (Wednesday, June 28, 2017)

[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

29246 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations

withdrawn or denied. The proceeds of ENVIRONMENTAL PROTECTION www.regulations.gov or in hard copy at
any such fees will be used to pay the AGENCY the EPA Docket Center EPA/DC, EPA
remaining portion of the Agency’s cost West, Room 3334, 1301 Constitution
of providing credit assistance and the 40 CFR PART 81 Avenue NW., Washington, DC. The
costs of retaining expert firms, including [EPA–HQ–OAR–2017–0223; FRL–9964–37– Public Reading Room is open from 8:30
financial, engineering, and legal OAR] a.m. to 4:30 p.m., Monday through
services, in the field of municipal and Friday, excluding legal holidays. The
project finance, to assist in the Extension of Deadline for telephone number for the Public
underwriting of the Federal credit Promulgating Designations for the Reading Room is (202) 566–1744, and
instrument. All of, or a portion of, this 2015 Ozone National Ambient Air the telephone number for the EPA
fee may be waived. Quality Standards Docket Center is (202) 566–1742.
An electronic copy of this notice is
(d) Servicing fee. EPA will require AGENCY: Environmental Protection
also available at http://www.epa.gov/
borrowers to pay a servicing fee for each Agency (EPA).
ozone-designations along with other
credit instrument approved for funding. ACTION: Extension of deadline for information related to designations for
Separate fees may apply for each type of promulgating designations. the 2015 ozone NAAQS.
credit instrument (e.g., a loan guarantee,
a secured loan with a single SUMMARY: The Environmental Protection II. Designations Requirements
disbursement, or a secured loan with Agency (EPA) is announcing that it is
using its authority under the Clean Air On October 1, 2015, the EPA signed
multiple disbursements), depending on a notice of final rulemaking that revised
Act (CAA) to extend by 1 year the
the costs of servicing the credit the 8-hour primary and secondary ozone
deadline for promulgating initial area
instrument as determined by the NAAQS (80 FR 65292; October 26,
designations for the ozone national
Administrator. Such fees will be set at 2015). The primary standard was
ambient air quality standards (NAAQS)
a level sufficient to enable the EPA to that were promulgated in October 2015. lowered from 0.075 parts per million
recover all or a portion of the costs to The new deadline is October 1, 2018. (ppm) to a level of 0.070 ppm. The EPA
the Federal Government of servicing also revised the secondary standard by
DATES: The deadline for the EPA to
WIFIA credit instruments. making it identical in all respects to the
promulgate initial designations for the
(e) Optional supplemental fee. If, in revised primary standard. (The previous
2015 ozone NAAQS is October 1, 2018.
any given year, there is insufficient ozone NAAQS were set in 2008 and
FOR FURTHER INFORMATION CONTACT: For
budget authority to fund the credit remain effective.)
questions regarding this action, contact
instrument for a qualified project that After the EPA establishes or revises a
Denise Scott, Air Quality Planning
has been selected to receive assistance NAAQS pursuant to CAA section 109,
Division, Office of Air Quality Planning
under WIFIA, EPA and the approved the CAA directs the EPA and the states
and Standards, Mail Code C539–04,
applicant may agree upon a to begin taking steps to ensure that those
Environmental Protection Agency,
supplemental fee to be paid by or on NAAQS are met. The first step is to
Research Triangle Park, North Carolina
identify areas of the country that do not
behalf of the approved applicant at the 27711; telephone number: (919) 541–
meet the new or revised NAAQS. This
time of execution of the term sheet to 4208; email address: scott.denise@
step is known as the initial area
reduce the subsidy cost of that project. epa.gov.
designations. Section 107(d)(1)(A) of the
No such fee may be included among SUPPLEMENTARY INFORMATION: CAA provides that, ‘‘By such date as the
eligible project costs. Administrator may reasonably require,
I. General Information
(f) Reduced fees. To the extent that but not later than 1 year after
Congress appropriates funds in any A. Does this action apply to me? promulgation of a new or revised
given year beyond those sufficient to Entities potentially affected by this national ambient air quality standard for
cover internal administrative costs, EPA action include state, local and tribal any pollutant under section [109], the
may utilize such appropriated funds to governments that would participate in Governor of each State shall * * *
reduce fees that would otherwise be the initial area designation process for submit to the Administrator a list of all
charged under paragraph (c) of this the 2015 ozone standards. areas (or portions thereof) in the State’’
section. that designates those areas as
B. Where can I get a copy of this nonattainment, attainment, or
(g) Extraordinary expenses. EPA may document and other related
require payment in full by the borrower unclassifiable. The CAA defines an area
information? as nonattainment if it is violating the
of additional fees, in an amount
determined by EPA, and of related fees The EPA has established a docket for NAAQS or if it is contributing to a
designations for the 2015 ozone NAAQS violation in a nearby area. 42 U.S.C.
and expenses of its independent
under Docket ID No. EPA–HQ–OAR– 7407(d)(1)(A)(i).
consultants and outside counsel, to the
extent that such fees and expenses are 2017–0223. All documents in the docket The CAA further provides, ‘‘Upon
are listed in the http:// promulgation or revision of a national
incurred directly by EPA and to the
www.regulations.gov index. Although ambient air quality standard, the
extent such third parties are not paid
listed in the index, some information is Administrator shall promulgate the
directly by the borrower, in the event
not publicly available, e.g., confidential designations of all areas (or portions
that a borrower experiences difficulty
business information or other thereof) * * * as expeditiously as
relating to technical, financial, or legal
information whose disclosure is practicable, but in no case later than 2
rmajette on DSK2TPTVN1PROD with RULES

matters or other events (e.g., engineering years from the date of promulgation of
restricted by statute. Certain other
failure or financial workouts) which material, such as copyrighted material, the new or revised national ambient air
require EPA to incur time or expenses will be publicly available only in hard quality standard. Such period may be
beyond standard monitoring. copy. Publicly available docket extended for up to one year in the event
[FR Doc. 2017–13438 Filed 6–27–17; 8:45 am] materials are available either the Administrator has insufficient
BILLING CODE 6560–50–P electronically in http:// information to promulgate the

VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1

$Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations 29247 designations.’’ 42 U.S.C. section 107(d)(1)(B)(i) of the CAA to the designations process. In light of the 7407(d)(1)(B)(i). extend by 1 year the deadline for analyses currently underway at the After the states submit their promulgating initial area designations agency, the Administrator has recommendations, but no later than 120 for the 2015 ozone NAAQS. The new determined he needs additional time to days prior to promulgating designations, deadline is October 1, 2018. For the consider completely all designation the EPA is required to notify a state of reasons explained in this notice, the recommendations provided by state any intended modifications to the state’s EPA Administrator has determined that governors pursuant to CAA section recommended designation. The state there is insufficient information to 107(d)(1)(A), including full then has an opportunity to demonstrate complete the designations by October 1, consideration of exceptional events why any proposed modification is 2017. impacting designations, and determine inappropriate. Whether or not a state Following the recent change in whether they provide sufficient provides a recommendation, the EPA administrations, the agency is currently information to finalize designations. We must promulgate the designation that evaluating a host of complex issues also note that new agency officials are the agency deems appropriate within 2 regarding the 2015 ozone NAAQS and currently reviewing the 2015 ozone years of promulgation of the NAAQS (or its implementation, such as NAAQS rule. The Administrator has within 3 years if the EPA extends the understanding the role of background determined that in light of the deadline). ozone levels and appropriately uncertainty of the outcome of that For the 2015 ozone NAAQS, the accounting for international transport. review, there is insufficient information deadline for states to submit designation The Administrator has determined that to promulgate designations by October recommendations to the EPA for their he cannot assess whether he has the necessary information to finalize 1, 2017. areas was October 1, 2016. The EPA has been evaluating these recommendations designations until additional analyses List of Subjects in 40 CFR Part 81 and conducting additional analyses to from this evaluation are available. In determine whether it is necessary to addition, pursuant to language in the Environmental protection, Air modify any of the state recently-enacted Fiscal Year 2017 pollution control, National parks, recommendations. omnibus bill, the Administrator is Wilderness areas. establishing an Ozone Cooperative Dated: June 21, 2017. III. Extension of Deadline for Compliance Task Force to develop Promulgating Designations for the 2015 E. Scott Pruitt, additional flexibilities for states to NAAQS comply with the ozone standard. It is Administrator. In this action, the EPA is announcing possible the outcome of that effort could [FR Doc. 2017–13437 Filed 6–27–17; 8:45 am] that it is using its authority under identify flexibilities that could impact BILLING CODE 6560–50–P rmajette on DSK2TPTVN1PROD with RULES VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4700 Sfmt 9990 E:\FR\FM\28JNR1.SGM 28JNR1$

Document Created: 2017-06-28 01:10:26
Document Modified: 2017-06-28 01:10:26

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		Rules and Regulations
Action		Extension of deadline for promulgating designations.
Dates		The deadline for the EPA to promulgate initial designations for the 2015 ozone NAAQS is October 1, 2018.
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;
FR Citation		82 FR 29246
CFR Associated		Environmental Protection; Air Pollution Control; National Parks and Wilderness Areas