83_FR_10423 83 FR 10376 - Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area Classifications Approach

83 FR 10376 - Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area Classifications Approach

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 47 (March 9, 2018)

Page Range10376-10383
FR Document2018-04810

In this final rule, the EPA is establishing the air quality thresholds that define the classifications assigned to all nonattainment areas for the 2015 ozone national ambient air quality standards (NAAQS) (the ``2015 ozone NAAQS'') promulgated on October 1, 2015. This final rule also establishes the timing of attainment dates for each nonattainment area classification.

Federal Register, Volume 83 Issue 47 (Friday, March 9, 2018)
[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Rules and Regulations]
[Pages 10376-10383]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04810]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2016-0202; FRL-9975-23-OAR]
RIN 2060-AT41


Implementation of the 2015 National Ambient Air Quality Standards 
for Ozone: Nonattainment Area Classifications Approach

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this final rule, the EPA is establishing the air quality 
thresholds that define the classifications assigned to all 
nonattainment areas for the 2015 ozone national ambient air quality 
standards (NAAQS) (the ``2015 ozone NAAQS'') promulgated on October 1, 
2015. This final rule also establishes the timing of attainment dates 
for each nonattainment area classification.

DATES: This final rule is effective on May 8, 2018.

ADDRESSES: The EPA has established a docket for this action, identified 
by Docket ID No. EPA-HQ-OAR-2016-0202. All documents in the docket are 
listed in the http://www.regulations.gov website. Although listed in 
the index, some information may not be publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy. Publicly available docket materials are available 
electronically in http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For further general information on 
this rule, contact Mr. Robert Lingard, Office of Air Quality Planning 
and Standards (OAQPS), Air Quality Policy Division, U.S. EPA, Mailcode 
539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; by 
telephone at (919) 541-5272; or by email at lingard.robert@epa.gov; or 
Mr. Butch Stackhouse, OAQPS, Air Quality Policy Division, U.S. EPA, 
Mailcode 539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 
27711; by telephone at (919) 541-5208; or by email at 
stackhouse.butch@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    Entities potentially affected directly by this final rule include 
state, local and tribal governments and air pollution control agencies 
(air agencies) responsible for attainment and maintenance of the ozone 
NAAQS. Entities potentially affected indirectly by this proposed rule 
as regulated sources include owners and operators of sources of 
emissions of volatile organic compounds (VOCs) and nitrogen oxides 
(NOX) that contribute to ground-level ozone formation.

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

    In addition to being available in the docket, an electronic copy of 
this Federal Register document will be posted at http://www.epa.gov/ozone-pollution.

C. How is this document organized?

    The information presented in this document is organized as follows:

I. General Information
    A. Does this action apply to me?

[[Page 10377]]

    B. Where can I get a copy of this document and other related 
information?
    C. How is this document organized?
II. Background
III. Application of Classification Provisions in CAA Section 181 to 
Nonattainment Areas Subject to Subpart 2 of Part D of Title I of the 
CAA
    A. Background and Summary of the Proposal
    B. Brief Summary of Comments on the Proposed Rule and the EPA's 
Responses
    C. 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 Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTA)
    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
VI. Statutory Authority

II. Background

    On October 1, 2015,\1\ the EPA promulgated a rule that revised the 
primary and secondary 8-hour NAAQS for ozone to a level of 0.070 parts 
per million (ppm).\2\ \3\ Revisions to the ozone NAAQS trigger a 
process set forth in section 107 of the Clean Air Act (CAA or Act), in 
which states recommend area designations (i.e., as nonattainment, 
attainment, or unclassifiable with respect to the revised standards) to 
the EPA, and the EPA then evaluates air quality data and other factors 
prior to making final area designations. In accordance with CAA section 
181(a)(1), an area designated as nonattainment for a revised ozone 
NAAQS must be classified, at the time of designation, as Marginal, 
Moderate, Serious, Severe or Extreme, depending on the severity of the 
ozone air quality problem in that nonattainment area.
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    \1\ See 80 FR 65292 (October 26, 2015).
    \2\ Compliance with the NAAQS is computed based on the annual 
fourth highest daily maximum 8-hour average concentration, averaged 
over 3 years. For a detailed explanation of the calculation of the 
3-year 8-hour average, see 40 CFR part 50, appendix P.
    \3\ Since the 2015 primary and secondary NAAQS for ozone are 
identical, for convenience, we refer to both as ``the 2015 ozone 
NAAQS'' or ``the 2015 ozone standards.''
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    On November 17, 2016, the EPA proposed a set of nonattainment area 
classification thresholds and associated attainment dates, as well as 
other NAAQS implementation-related provisions including submittal 
deadlines and specific CAA requirements for the content of 
nonattainment area and Ozone Transport Region state implementation 
plans (SIPs), for the 2015 ozone NAAQS (81 FR 81276). With this action, 
we are finalizing the set of nonattainment area classification 
thresholds and associated attainment dates, which will apply when the 
EPA promulgates final nonattainment area designations for the 2015 
ozone NAAQS.\4\ The public comment period on the November 17, 2016, 
notice of proposed rulemaking (NPRM) (November 2016 proposal) ran from 
November 17, 2016, to February 13, 2017. The EPA received approximately 
80 comment submissions on the NPRM, approximately 20 of which addressed 
the EPA's proposed nonattainment area classifications approach. The 
preamble to this final classifications rule for the 2015 ozone NAAQS 
discusses the comments received and how they were considered by the EPA 
in general terms. The Response to Comments document provides more 
detailed responses to the comments received. The public comments 
received on the NPRM and the EPA's Response to Comment document are 
posted in the docket at http://www.regulations.gov (Docket ID No. EPA-
HQ-OAR-2016-0202).
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    \4\ The EPA intends to finalize, where appropriate, the other 
portions of the November 17, 2016, proposed rule in a separate 
action.
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    We are taking two actions in this final rule: (1) Establishing the 
air quality thresholds that define each of the five CAA classifications 
for areas designated nonattainment for the 2015 ozone NAAQS; and (2) 
establishing the attainment deadline associated with each 
classification. The EPA also proposed in the November 2016 proposal to 
apply previous voluntary reclassifications for six areas in California 
to the revised 2015 ozone NAAQS. Consistent with California's most 
recent request, EPA intends to finalize these voluntary 
reclassifications for five areas separately with its final 
nonattainment area designations for the 2015 ozone NAAQS.

III. Application of Classification Provisions in CAA Section 181 to 
Nonattainment Areas Subject to Subpart 2 of Part D of Title I of the 
CAA

A. Background and Summary of the Proposal

1. Background
    On November 17, 2016, the EPA proposed numerical ozone air quality 
thresholds for classifying nonattainment areas for the 2015 ozone NAAQS 
(81 FR 81283). In accordance with CAA section 181(a)(1), each area 
designated as nonattainment for the 2015 ozone NAAQS must be classified 
at the time of designation. Accordingly, the EPA is finalizing 
classification thresholds on or before the date that it issues final 
nonattainment area designations.
    Under Subpart 2 of part D of title I of the CAA, state planning and 
emissions control requirements for ozone are determined, in part, by a 
nonattainment area's classification. Under subpart 2, ozone 
nonattainment areas are initially classified based on the severity of 
their ozone levels, as determined by the area's design value (DV),\5\ 
relative to the lower and upper DV thresholds for each classification. 
Nonattainment areas with a ``lower'' classification have ozone levels 
at the time of designation that are closer to the standard than areas 
with a ``higher'' classification. Ozone nonattainment areas in the 
lower classification levels have fewer initial mandatory air quality 
planning and control requirements than those in higher classifications. 
Clean Air Act section 181 provides an increasing amount of maximum time 
from the date of designation to attain the standards for the 
progressively higher classifications: Marginal--3 years, Moderate--6 
years, Serious--9 years, Severe--15 or 17 years, and Extreme--20 years.
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    \5\ Annual fourth highest daily maximum 8-hour average ozone 
concentration, averaged over 3 years. For a detailed explanation of 
the calculation of the 3-year 8-hour average, see 40 CFR part 50, 
appendix P.
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    The CAA provides mechanisms for addressing nonattainment areas that 
may not be able to attain by the attainment date for their 
classification, or that fail to attain by that date. CAA section 
181(a)(4) provides that within 90 days of designation and 
classification, the Administrator may exercise discretion to reclassify 
an area to a higher (or lower) classification if its DV is within 5 
percent of the DV range of the higher (or lower) classification. An air 
agency may also voluntarily request, pursuant to CAA section 181(b)(3), 
that the EPA reclassify the area to a higher classification. The EPA 
may not deny

[[Page 10378]]

and must approve any such voluntary reclassification requests. Once an 
area is reclassified to a higher classification, it becomes subject to 
the associated additional planning and control requirements for that 
higher classification, and must attain the standard no later than the 
maximum attainment date for that classification. Six nonattainment 
areas in California were granted voluntary reclassifications for both 
the 1997 and 2008 ozone NAAQS (77 FR 30165; May 21, 2012), which we 
proposed in the November 2016 proposal to apply for the 2015 ozone 
NAAQS. Finally, if the EPA determines that an area has failed to attain 
the standard by the applicable attainment date, CAA section 181(b)(2) 
requires EPA to reclassify that area to a higher classification (i.e., 
``bump-up'').
2. Summary of the Proposal
    For purposes of the 2015 ozone NAAQS, the EPA proposed to retain 
the ``percent-above-the-standard'' (PATS) methodology used to establish 
area classification thresholds for the 1997 and 2008 8-hour ozone NAAQS 
(81 FR 81283; November 17, 2016). As the EPA explained in our proposal, 
the PATS approach is rooted in the classification thresholds 
established for the ozone standard in effect at the time of the 1990 
CAA amendments, which was a 1-hour exceedance-based standard of 0.12 
ppm.\6\ The classification provisions in Table 1 in section 181 of 
subpart 2 of the CAA (also referred to herein as the ``CAA Table 1'') 
are specific to that 1-hour standard. The EPA subsequently translated 
the CAA Table 1 thresholds for purposes of the revised 1997 ozone 
NAAQS, which were expressed in the form of a 3-year average of annual 
fourth highest daily maximum 8-hour averages.\7\ Specifically, in the 
classifications rule for the 1997 8-hour ozone NAAQS, we translated the 
classification thresholds in CAA Table 1 from 1-hour DVs to 8-hour DVs 
based on the percentage by which each classification threshold in the 
table exceeds the 1-hour ozone NAAQS (i.e., percent-above-the-standard, 
or PATS).\8\ Application of the PATS classification approach for 8-hour 
ozone NAAQS was challenged in litigation and upheld by the Court. See 
South Coast Air Quality Management District v. Environmental Protection 
Agency, 472 F.3d 882 (D.C. Cir. 2006) at 896-898. The EPA subsequently 
retained the PATS approach in its final classifications rule for the 
2008 8-hour ozone NAAQS.\9\
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    \6\ For additional discussion on the 1-hour ozone NAAQS and its 
associated area designations and classifications, see 56 FR 56695 
(November 6, 1991).
    \7\ See 69 FR 23954 (April 30, 2004) and 40 CFR Appendix I.
    \8\ The upper thresholds of the Marginal, Moderate, Serious and 
Severe classifications are precise percentages or fractions above 
the level of the standard, namely 15 percent (3/20ths more than the 
standard), 33.33 percent (one-third more than the standard), 50 
percent (one-half more than the standard), and 133.3 percent (one 
and one-third more than the standard).
    \9\ See 77 FR 30162 (May 21, 2012).
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    The EPA also proposed to retain its current approach in 
establishing attainment dates for each nonattainment area 
classification, consistent with CAA Table 1 and the regulatory approach 
for both the 1997 and 2008 ozone NAAQS (81 FR 81285; November 17, 
2016). We proposed that the maximum attainment dates for nonattainment 
areas in each classification under the 2015 NAAQS are as follows: 
Marginal--3 years from effective date of designation; Moderate--6 years 
from effective date of designation; Serious--9 years from effective 
date of designation; Severe--15 years (or 17 years) from effective date 
of designation; and Extreme--20 years from effective date of 
designation.
    Finally, the EPA proposed to again apply previous voluntary 
reclassifications for potential nonattainment areas in California to 
the revised 2015 ozone NAAQS unless the state of California explicitly 
requested otherwise in their comments to the November 2016 proposal (81 
FR 81285).\10\ These areas included Los Angeles-South Coast Air Basin, 
San Joaquin Valley, Riverside County (Coachella Valley), Sacramento 
Metro, Ventura County and Western Mojave areas. We believe this is an 
appropriate mechanism to address the situation for these California 
areas that were voluntarily reclassified for the 1997 ozone NAAQS and 
previously used this mechanism for the 2008 ozone NAAQS to ensure the 
areas would have an attainment date for the revised 2015 ozone NAAQS 
that is no earlier than the area's attainment date for the prior 2008 
NAAQS. The EPA proposed this approach in order to minimize burden on 
the state of California and obviate the need to go through the 
voluntary reclassification process again.
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    \10\ Areas for which California declines voluntary 
reclassification would be classified at the time of designation for 
the 2015 ozone NAAQS based on their DV.
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B. Brief Summary of Comments on the Proposed Rule and the EPA's 
Responses

    The EPA received approximately 20 comment submissions on its 
proposed approach for establishing nonattainment area classification 
thresholds for the 2015 ozone NAAQS. A majority (approximately two-
thirds) of the commenters supported adoption of the proposed PATS 
approach, stating that it was consistent with the CAA as well as the 
method used for classifying nonattainment areas under the 1997 and 2008 
ozone NAAQS, and has been upheld in litigation. The other one-third of 
comments suggested that EPA adopt a different classification approach, 
as addressed more fully below and in the separate Response to Comments 
document that is available in the docket for this rulemaking. The EPA 
received no significant comments regarding its proposed approach in 
establishing attainment dates for each nonattainment area 
classification under the 2015 ozone NAAQS.
    Comment: Some commenters were concerned that the proposed PATS 
approach classifies too many areas as Marginal nonattainment areas, and 
that some of those Marginal areas are unlikely to attain the standard 
within the 3 years provided by the Act. Commenters pointed out that the 
EPA's application of the PATS approach to classifications for the 2008 
ozone NAAQS resulted in more than half of all Marginal areas failing to 
achieve timely attainment of that NAAQS by the end of the 2014 ozone 
season. Because the CAA does not require states with areas classified 
as Marginal to develop attainment plans or adopt additional controls, 
commenters argue that states will not impose emission reductions 
necessary to timely achieve attainment and moreover that some of these 
Marginal areas contribute pollution to downwind areas that have 
historically struggled with attaining the NAAQS due to transported 
pollution. These commenters advocated alternative classification 
approaches, such as those considered by the EPA for the prior 2008 
ozone NAAQS, that would adjust thresholds to classify more areas as 
Moderate than the proposed PATS approach. They argue that modifying the 
EPA's proposed classification approach with the result of increasing 
the number of Moderate areas would impose needed emissions control 
requirements, provide a longer, more realistic timeframe to attain the 
ozone NAAQS, and would equitably require upwind areas that contribute 
to downwind transport to implement new control measures sooner.
    Response: The EPA recognizes that the nonattainment area 
classification thresholds established in this action would likely 
result in the vast majority of nonattainment areas being initially 
classified Marginal for the 2015 ozone NAAQS, subjecting states 
associated with these areas to fewer mandatory air quality planning and 
control

[[Page 10379]]

requirements than would apply in higher classifications. However, as 
the commenters acknowledge, the PATS approach has ``a degree of 
consistency with Congressional intent'' and has withstood judicial 
review. The EPA previously considered a number of alternative 
approaches in establishing nonattainment area classification thresholds 
for the 2008 ozone NAAQS, and commenters suggested that we reexamine 
those approaches and consider adopting one here, or adopt an entirely 
new alternative approach.\11\ We rejected the alternative approaches 
discussed in the Background Information Document that accompanied the 
classifications rule for the 2008 ozone NAAQS because we determined 
that the alternative approaches would introduce more judgment and 
uncertainty in the threshold determination process than contemplated by 
the CAA, and, thus, posed heightened legal risk. We believe the same 
considerations apply to classifications for areas designated 
nonattainment for the 2015 ozone NAAQS. As discussed in the November 
2016 proposal, the EPA utilized the PATS approach for classifying areas 
under the 1997 and 2008 8-hour ozone NAAQS, in large part, for its 
straightforward translation of the classification thresholds 
established by Congress in CAA Table 1 (81 FR 81283). As noted by 
commenters, the EPA's original PATS classification approach for the 8-
hour ozone NAAQS was challenged in litigation and upheld by the Court. 
See South Coast Air Quality Management District v. Environmental 
Protection Agency, 472 F.3d 882 (D.C. Cir. 2006) at 896-898. For these 
reasons, and despite concerns raised by commenters, the EPA is 
finalizing the PATS approach for classifications of the 2015 ozone 
NAAQS.
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    \11\ Docket No. EPA-HQ-OAR-2010-0885 includes a Background 
Information Document, titled Additional Options Considered for 
Classification of Nonattainment Areas under the 2008 Ozone NAAQS 
(January 2012).
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    Furthermore, the EPA disagrees that implementation of the 2008 
ozone NAAQS was not in keeping with Congress' design simply because 
many Marginal areas did not attain by their initial attainment 
deadline. Commenters point out that more than half of all areas 
originally classified as Marginal did not timely attain, but in fact 
more than half of all Marginal areas did attain by their attainment 
date, when attainment date extensions are included in the analysis. Of 
the 36 areas originally classified as Marginal for the 2008 ozone 
NAAQS, 17 attained by their original attainment date, and 6 additional 
areas attained by the extended attainment dates authorized under CAA 
section 181(a)(5).\12\ The EPA also does not agree with commenters' 
suggestion that the EPA should adopt a different classification scheme 
in order to address what they perceive as inequities in the interstate 
transport of ozone pollution. The statute clearly provides other 
mechanisms for states and the EPA to address interstate transport, and 
the EPA has worked in partnership with states to use those mechanisms. 
See, e.g., EME Homer City v. EPA, 696 F.3d 7 (D.C. Cir. 2012), reversed 
by EPA v. EME Homer City, 134 S. Ct. 1584 (2014), remand addressed in 
EME Homer City v. EPA, 795 F.3d 118 (D.C. Cir. 2015) (largely upholding 
the EPA's framework for addressing CAA section 110(a)(2)(D) interstate 
transport obligations).
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    \12\ Eight areas received 1-year extensions of the attainment 
date under CAA section 181(a)(5), which Congress provided for areas 
that were making good progress towards achieving the NAAQS and thus 
had air quality that was just missing the standard. Of those eight 
areas, two eventually failed to attain by their extended attainment 
date. The other six areas attained in the year following the 
original attainment date. Thus, a total of 13 original Marginal 
areas failed to attain by their applicable attainment date.
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    The adopted PATS approach has withstood legal challenge and, in 
classifying areas as Marginal, maximizes initial planning flexibility 
for air agencies, which the EPA does not believe thwarts Congress' 
intent. To the extent that states are concerned about their inability 
to timely meet the Marginal attainment deadlines, the CAA provides 
authority for them to voluntarily request a higher classification for 
individual areas, if needed. The docket for this final action includes 
a more detailed response to comments suggesting that EPA adopt an 
alternative approach that would have the effect of classifying more 
areas as Moderate.
    Comment: Some commenters suggested that the EPA allow areas the 
option to implement the 2015 ozone NAAQS under CAA section 172 (Part D, 
subpart 1), which specifies the general nonattainment planning 
requirements for all NAAQS pollutants.\13\ Implementing the 2015 ozone 
NAAQS under CAA subpart 1 could eliminate mandatory classifications and 
provide a potentially more flexible attainment timeline with fewer 
prescribed control requirements.
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    \13\ Prior to the 1990 CAA Amendments, all NAAQS nonattainment 
area requirements were specified in Part D, subpart 1. In the 1990 
Amendments, Congress added pollutant-specific subparts containing 
additional nonattainment area requirements, including subpart 2 
which applies to ozone nonattainment areas.
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    Response: The EPA attempted to implement a subpart 1 approach for 
some ozone nonattainment areas as part of a ``hybrid'' implementation 
strategy in transitioning from the 1-hour ozone NAAQS (0.12 ppm) to the 
1997 8-hour NAAQS (0.08 ppm), explaining that an area must be covered 
under CAA subpart 2 if the area's current (i.e., at the time of 
designation) 1-hour ozone DV was equal to or greater than 0.121 ppm, 
which was the lowest 1-hour DV in CAA Table 1 (69 FR 23954; April 30, 
2004--the ``Phase 1'' Rule). In South Coast, the Court rejected the 
EPA's approach to placing areas solely under the nonattainment area 
implementation provisions of CAA subpart 1, including the EPA's use of 
the CAA Table 1 threshold for deciding which areas must be covered 
under implementation of the provisions of CAA subpart 2. 472 F.3d at 
892-894. The Court concluded that such a determination must be based on 
the 8-hour ``equivalent'' to the 1-hour level specified in CAA Table 1, 
and ruled that the level that must be used is an 8-hour level of 0.09 
ppm. Id. We concur with commenters to the November 2016 proposal that 
the South Coast Court left open the possibility that EPA could develop 
a reasonable basis to place under CAA subpart 1 all or certain areas 
with an 8-hour DV below 0.09 ppm. The EPA notes, however, that the 
South Coast Court also stated in that same decision that the CAA does 
not allow the requirements of CAA subpart 2 ``to be stripped away'' on 
the basis that other provisions would allow attainment to be achieved 
more efficiently. Id. at 894.\14\ We believe that the adopted PATS 
classification thresholds approach will continue to provide states a 
pathway for consistent and flexible attainment planning across 
successive ozone standards and, absent a more robust legal basis, we 
are not adopting a CAA subpart 1 option for implementing the 2015 ozone 
NAAQS.
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    \14\ Cf. NRDC v. EPA, 706 F.3d 428 (DC Cir. 2013) (rejecting 
EPA's implementation of PM2.5 under subpart 1, instead 
requiring that PM2.5 be implemented under the ``specific, 
more stringent, and far less discretionary'' provisions of subpart 
4).
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    Comment: The California Air Resources Board (CARB) affirmed our 
proposal to apply previous voluntary reclassifications for selected 
nonattainment areas, with the exception of the Sacramento Metro area. 
As part of their comment, CARB forwarded a request from the Sacramento 
Air Quality Management District declining the voluntary 
reclassification for the Sacramento Metro area, which the District 
anticipated would be classified

[[Page 10380]]

Moderate for the 2015 ozone NAAQS (see comment no. 100 in the 
rulemaking docket).
    Response: Based on comments to the November 2016 proposal received 
from the state of California, the EPA also intends to apply previous 
voluntary reclassifications for five of the six California areas 
originally proposed. Table 1 presents the voluntary reclassification 
history for these areas across the 1997 and 2008 ozone NAAQS, and the 
anticipated initial classification and anticipated voluntary 
reclassification for each area under the 2015 ozone NAAQS. We intend to 
formally apply the previous voluntary reclassifications for these 
California areas in a separate action, along with the final 
nonattainment area designations for the 2015 ozone NAAQS.

   Table 1--Areas for Which the State of California Requested a Voluntary Reclassification Under the 1997 Ozone NAAQS and Application Under Subsequent
                                                                     Ozone Standards
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                                                                 Voluntary              Voluntary        Hypothetical initial    Anticipated voluntary
                                     Original 1997 ozone    reclassification for   reclassification for  classification under    reclassification under
        Nonattainment area           NAAQS classification     1997 ozone NAAQS       2008 ozone NAAQS    2015 ozone NAAQS \a\     2015 ozone NAAQS \a\
                                      (attainment date)      (attainment date)      (attainment date)      (attainment date)       (attainment date)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles-South Coast Air Basin.  Severe--17 (2021)....  Extreme (2024).......  Extreme (2032).......  Severe--15 (2033)...  Extreme (2038).
San Joaquin Valley................  Serious (2013).......  Extreme (2024).......  Extreme (2032).......  Serious (2027)......  Extreme (2038).
Riverside County (Coachella         Serious (2013).......  Severe--15 (2019)....  Severe--15 (2027)....  Moderate (2024).....  Severe--15 (2033).
 Valley).
Ventura County....................  Moderate (2010)......  Serious (2013).......  Serious (2021).......  Marginal (2021).....  Serious (2027).
Western Mojave....................  Moderate (2010)......  Severe--15 (2019)....  Severe--15 (2027)....  Moderate (2024).....  Severe--15 (2033).
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\a\ Based on adopted PATS classification thresholds and final 2014-2016 design values.

    It is important to note that an air agency may request a voluntary 
reclassification for an area under CAA section 181(b)(3) at any time. 
In the November 2016 proposal, the EPA encouraged any air agency that 
wanted a specific higher classification to apply to an area at the time 
of initial designation to make such a request prior to or 
contemporaneous with the designation process. However, an air agency 
that determines it would like a voluntary reclassification after an 
area's initial designation may request, and the Administrator must 
approve, a higher classification for an area for any reason in 
accordance with CAA section 181(b)(3).

C. Final Action

    The EPA is establishing nonattainment area classification 
thresholds for the 2015 ozone NAAQS using the PATS methodology applied 
previously to translate the CAA Table 1 thresholds for purposes of the 
1997 and 2008 8-hour ozone NAAQS. We are also establishing maximum 
attainment dates for each nonattainment area classification, consistent 
with CAA Table 1 and the regulatory approach for both the 1997 and 2008 
ozone NAAQS. Table 2 depicts the translation for each of the CAA Table 
1 thresholds and corresponding maximum attainment dates for each area 
classification as they would apply for the 2015 ozone NAAQS.

  Table 2--CAA Table 1 Ozone Design Value Translation to 8-Hour Design Values for the 2015 Ozone NAAQS of 0.070
       ppm Using PATS Methodology and Corresponding Maximum Attainment Dates for Each Area Classification
----------------------------------------------------------------------------------------------------------------
                                                                                                      Maximum
                                                                                                    attainment
                                                   1-hour ozone    Percent above   8-hour ozone     date (years
          Area class                                 DV (ppm)      1-hour  ozone     DV (ppm)     from effective
                                                                       NAAQS                          date of
                                                                                                   designation)
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Marginal......................  From up to \a\..           0.121           0.833           0.071               3
                                                           0.138              15           0.081
Moderate......................  From up to \a\..           0.138              15           0.081               6
                                                           0.160          33.333           0.093
Serious.......................  From up to \a\..           0.160          33.333           0.093               9
                                                           0.180              50           0.105
Severe--15....................  From up to \a\..           0.180              50           0.105              15
                                                           0.190          58.333           0.111
Severe--17....................  From up to \a\..           .0190          58.333           0.111              17
                                                           0.280         133.333           0.163
Extreme.......................  Equal to or                0.280         133.333           0.163              20
                                 above.
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\a\ But not including.

    The EPA intends to apply voluntary reclassifications for five 
California areas in a separate action with the final nonattainment area 
designations for the 2015 ozone NAAQS, in accordance with comments 
received from relevant air agencies in California. The EPA is also 
finalizing a number of regulatory definitions needed to support the 
implementation of this final classifications rule.

IV. Environmental Justice Considerations

    The EPA believes the human health or environmental risk addressed 
by this action will not have disproportionately high and adverse human 
health or

[[Page 10381]]

environmental effects on minority, low-income, or indigenous 
populations because it would not negatively affect the level of 
protection provided to human health or the environment under the 2015 
ozone NAAQS. When promulgated, these regulations will establish 
classification thresholds for the 2015 ozone NAAQS. These requirements 
are designed to protect all segments of the general population and, as 
such, will not adversely affect the health or safety of minority, low-
income or indigenous populations.

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 was 
therefore not submitted to the Office of Management and Budget (OMB) 
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 significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. The EPA is establishing nonattainment area classification 
thresholds for the 2015 ozone NAAQS so that areas may be classified at 
the time of designation as provided in section 181(a) of the CAA. No 
new information needs to be collected from the states as a result of 
this final classifications rule.

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. Entities 
potentially affected directly by this rule include state, local and 
tribal governments and none of these governments are small governments.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action implements mandates specifically and 
explicitly set forth in the CAA without the exercise of any policy 
discretion by the EPA.

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. It would not have a substantial direct effect on 
one or more Indian tribes, since no tribe has to develop a tribal 
implementation plan under these regulatory revisions. Furthermore, 
these regulation revisions do not affect the relationship or 
distribution of power and responsibilities between the federal 
government and Indian tribes. The CAA and the Tribal Air Rule establish 
the relationship of the federal government and tribes in developing 
plans to attain the NAAQS, and these revisions to the regulations do 
nothing to modify that relationship. Thus, Executive Order 13175 does 
not apply to this action. Consistent with the EPA's OAR Handbook for 
Interacting with Tribal Governments, the EPA invited tribal officials 
to consult on the November 2016 proposal; however, we received no 
subsequent requests for consultation.

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 Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution or use of energy.

J. National Technology Transfer and Advancement Act (NTTA)

    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 
populations, low-income populations and/or indigenous populations as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
adopted regulations establish classification thresholds for the 2015 
ozone NAAQS, which are designed to protect all segments of the general 
populations. The results of our evaluation are contained in Section IV 
of this preamble.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

M. Judicial Review

    Section 307(b)(1) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions of review of final agency actions by 
the EPA under the CAA. This section provides, in part, that petitions 
for review must be filed in the U.S. Court of Appeals for the District 
of Columbia Circuit (i) when the agency action consists of ``nationally 
applicable regulations promulgated, or final actions taken, by the 
Administrator'' or (ii) when such action is locally or regionally 
applicable, 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.''
    This rule implementing the 2015 ozone NAAQS nonattainment area 
classifications is ``nationally applicable'' within the meaning of CAA 
section 307(b)(1). First, the rulemaking addresses the NAAQS that 
applies to all states and territories in the U.S. Second, the 
rulemaking addresses the classification of potential nonattainment 
areas in states across the U.S. that are located in each of the ten EPA 
regions, numerous federal circuits and multiple time zones. Third, the 
rulemaking addresses a common core of knowledge and analysis involved 
in formulating the decision and a common interpretation of the 
requirements of the CAA being applied to potential nonattainment areas 
in states across the country. Fourth, the rulemaking, by addressing 
issues relevant to potential nonattainment area classifications in one 
state, may have

[[Page 10382]]

precedential impacts upon potential nonattainment area classifications 
in other states nationwide. Courts have found similar implementation 
rulemaking actions to be of nationwide scope and effect.\15\
---------------------------------------------------------------------------

    \15\ See, e.g., State of Texas, et al. v. EPA, 2011 U.S. App. 
LEXIS 5654 (5th Cir. 2011) (finding SIP call to 13 states to be of 
nationwide scope and effect and thus transferring the case to the 
U.S. Court of Appeals for the D.C. Circuit in accordance with CAA 
section 307(b)(1)).
---------------------------------------------------------------------------

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the District of Columbia Circuit by May 8, 2018. Any such judicial 
review is limited to only those objections that are raised with 
reasonable specificity in timely comments. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed and shall not postpone the effectiveness of such rule or action. 
Under section 307(b)(2) of the Act, the requirements of this final 
action may not be challenged later in civil or criminal proceedings 
brought by us to enforce these requirements.

VI. Statutory Authority

    The statutory authority for this action is provided by sections 
109; 110; 172; 181; and 301(a)(1) of the CAA, as amended (42 U.S.C. 
7409; 42 U.S.C. 7410; 42 U.S.C. 7502; 42 U.S.C. 7511; 42 U.S.C. 
7601(a)(1)).

List of Subjects in 40 CFR Part 51

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Particulate matter, Transportation, Volatile organic 
compounds.

    Dated: March 1, 2018.
E. Scott Pruitt,
Administrator.

    For the reasons stated in the preamble, 40 CFR part 51 is amended 
as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

0
2. Add subpart CC, consisting of Sec. Sec.  51.1300 through 51.1303, to 
read as follows:
Subpart CC--Provisions for Implementation of the 2015 Ozone National 
Ambient Air Quality Standards
Sec.
51.1300 Definitions.
51.1301 Applicability of this part.
51.1302 Classification and nonattainment area planning provisions.
51.1303 Application of classification and attainment date provisions 
in CAA section 181 to areas subject to Sec.  51.1302.

Subpart CC--Provisions for Implementation of the 2015 Ozone 
National Ambient Air Quality Standards


Sec.  51.1300  Definitions.

    The following definitions apply for purposes of this subpart. Any 
term not defined herein shall have the meaning as defined in Sec.  
51.100.
    (a) 2015 NAAQS. The 2015 8-hour primary and secondary ozone NAAQS 
codified at 40 CFR 50.19.
    (b) 8-hour ozone design value. The 8-hour ozone concentration 
calculated according to 40 CFR part 50, appendix P, for the 2008 NAAQS, 
and 40 CFR part 50, appendix U, for the 2015 NAAQS.
    (c) CAA. The Clean Air Act as codified at 42 U.S.C. 7401-7671q 
(2010).
    (d) Designation for a NAAQS. The effective date of the designation 
for an area for that NAAQS.
    (e) Higher classification/lower classification. For purposes of 
determining whether a classification is higher or lower, 
classifications under subpart 2 of part D of title I of the CAA are 
ranked from lowest to highest as follows: Marginal; Moderate; Serious; 
Severe-15; Severe-17; and Extreme.


Sec.  51.1301  Applicability of this part.

    The provisions in subparts A through Y and AA of this part apply to 
areas for purposes of the 2015 ozone NAAQS to the extent they are not 
inconsistent with the provisions of this subpart.


Sec.  51.1302  Classification and nonattainment area planning 
provisions.

    An area designated nonattainment for the 2015 ozone NAAQS will be 
classified in accordance with CAA section 181, as interpreted in Sec.  
51.1303(a), and will be subject to the requirements of subpart 2 of 
part D of title I of the CAA that apply for that classification.


Sec.  51.1303  Application of classification and attainment date 
provisions in CAA section 181 to areas subject to Sec.  51.1302.

    (a) In accordance with CAA section 181(a)(1), each area designated 
nonattainment for the 2015 ozone NAAQS shall be classified by operation 
of law at the time of designation. The classification shall be based on 
the 8-hour design value for the area at the time of designation, in 
accordance with Table 1 of this paragraph (a). A state may request a 
higher or lower classification as provided in paragraphs (b) and (c) of 
this section. For each area classified under this section, the 
attainment date for the 2015 NAAQS shall be as expeditious as 
practicable, but not later than the date provided in Table 1 as 
follows:

Table 1 to Paragraph (a)--Classifications and Attainment Dates for 2015 8-Hour Ozone NAAQS (0.070 ppm) for Areas
                                            Subject to Sec.   51.1302
----------------------------------------------------------------------------------------------------------------
                                                                                             Primary standard
                                                                         8-hour ozone    attainment date  (years
               Area class                                                design value      after the effective
                                                                            (ppm)        date of designation for
                                                                                           2015 primary NAAQS)
----------------------------------------------------------------------------------------------------------------
Marginal................................  from up to *..............              0.071                        3
                                                                                  0.081
Moderate................................  from up to *..............              0.081                        6
                                                                                  0.093
Serious.................................  from up to *..............              0.093                        9
                                                                                  0.105
Severe-15...............................  from up to *..............              0.105                       15
                                                                                  0.111

[[Page 10383]]

 
Severe-17...............................  from up to *..............              0.111                       17
                                                                                  0.163
Extreme.................................  equal to or above.........              0.163                       20
----------------------------------------------------------------------------------------------------------------
* But not including.

    (b) A state may request, and the Administrator must approve, a 
higher classification for an area for any reason in accordance with CAA 
section 181(b)(3).
    (c) A state may request, and the Administrator may in the 
Administrator's discretion approve, a higher or lower classification 
for an area in accordance with CAA section 181(a)(4).

[FR Doc. 2018-04810 Filed 3-8-18; 8:45 am]
 BILLING CODE 6560-50-P



                                           10376                Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations

                                             Global Plus 1D                                          Inbound EMS 2                                       DATES:  This final rule is effective on
                                             Global Plus 1E                                          Inbound Air Parcel Post (at non-UPU rates)          May 8, 2018.
                                             Global Plus 2C                                          Royal Mail Group Inbound Air Parcel Post
                                             Global Plus 3                                                                                               ADDRESSES: The EPA has established a
                                                                                                       Agreement
                                             Global Reseller Expedited Package                       Inbound Competitive Multi-Service                   docket for this action, identified by
                                               Contracts                                               Agreements with Foreign Postal                    Docket ID No. EPA–HQ–OAR–2016–
                                             Global Reseller Expedited Package Services                Operators                                         0202. All documents in the docket are
                                               1                                                     Inbound Competitive Multi-Service                   listed in the http://www.regulations.gov
                                             Global Reseller Expedited Package Services                Agreements with Foreign Postal                    website. Although listed in the index,
                                               2                                                       Operators 1                                       some information may not be publicly
                                             Global Reseller Expedited Package Services            Special Services*                                     available, e.g., Confidential Business
                                               3                                                     Address Enhancement Services
                                             Global Reseller Expedited Package Services                                                                  Information or other information whose
                                                                                                     Greeting Cards, Gift Cards, and Stationery
                                               4                                                     International Ancillary Services                    disclosure is restricted by statute.
                                             Global Expedited Package Services                       International Money Transfer Service—               Certain other material, such as
                                               (GEPS)—Non-Published Rates                              Outbound                                          copyrighted material, is not placed on
                                             Global Expedited Package Services                       International Money Transfer Service—               the internet and will be publicly
                                               (GEPS)—Non-Published Rates 2                            Inbound                                           available only in hard copy. Publicly
                                             Global Expedited Package Services                       Premium Forwarding Service                          available docket materials are available
                                               (GEPS)—Non-Published Rates 3                          Shipping and Mailing Supplies                       electronically in http://
                                             Global Expedited Package Services                       Post Office Box Service
                                               (GEPS)—Non-Published Rates 4                                                                              www.regulations.gov.
                                                                                                     Competitive Ancillary Services
                                             Global Expedited Package Services                     Nonpostal Services*                                   FOR FURTHER INFORMATION CONTACT:     For
                                               (GEPS)—Non-Published Rates 5                          Advertising                                         further general information on this rule,
                                             Global Expedited Package Services                       Licensing of Intellectual Property other            contact Mr. Robert Lingard, Office of Air
                                               (GEPS)—Non-Published Rates 6                            than Officially Licensed Retail Products          Quality Planning and Standards
                                             Global Expedited Package Services                         (OLRP)
                                               (GEPS)—Non-Published Rates 7                                                                              (OAQPS), Air Quality Policy Division,
                                                                                                     Mail Service Promotion
                                             Global Expedited Package Services                                                                           U.S. EPA, Mailcode 539–01, 109 T.W.
                                                                                                     Officially Licensed Retail Products (OLRP)
                                               (GEPS)—Non-Published Rates 8                          Passport Photo Service                              Alexander Drive, Research Triangle
                                             Global Expedited Package Services                       Photocopying Service                                Park, NC 27711; by telephone at (919)
                                               (GEPS)—Non-Published Rates 9                          Rental, Leasing, Licensing or other Non-            541–5272; or by email at lingard.robert@
                                             Global Expedited Package Services                         Sale Disposition of Tangible Property             epa.gov; or Mr. Butch Stackhouse,
                                               (GEPS)—Non-Published Rates 10                         Training Facilities and Related Services            OAQPS, Air Quality Policy Division,
                                             Global Expedited Package Services                       USPS Electronic Postmark (EPM) Program              U.S. EPA, Mailcode 539–01, 109 T.W.
                                               (GEPS)—Non-Published Rates 11                       Market Tests*                                         Alexander Drive, Research Triangle
                                             Global Expedited Package Services                       Customized Delivery
                                               (GEPS)—Non-Published Rates 12                                                                             Park, NC 27711; by telephone at (919)
                                                                                                     Global eCommerce Marketplace (GeM)
                                             Priority Mail International Regional Rate                                                                   541–5208; or by email at
                                               Boxes—Non-Published Rates                           Stacy L. Ruble,                                       stackhouse.butch@epa.gov.
                                             Outbound Competitive International                    Secretary.                                            SUPPLEMENTARY INFORMATION:
                                               Merchandise Return Service Agreement                [FR Doc. 2018–04785 Filed 3–8–18; 8:45 am]
                                               with Royal Mail Group, Ltd.                                                                               I. General Information
                                                                                                   BILLING CODE 7710–FW–P
                                             Priority Mail International Regional Rate
                                                                                                                                                         A. Does this action apply to me?
                                               Boxes Contracts
                                             Priority Mail International Regional Rate                                                                      Entities potentially affected directly
                                               Boxes Contracts 1                                   ENVIRONMENTAL PROTECTION                              by this final rule include state, local and
                                             Competitive International Merchandise                 AGENCY                                                tribal governments and air pollution
                                               Return Service Agreements with Foreign                                                                    control agencies (air agencies)
                                               Postal Operators 1                                  40 CFR Part 51                                        responsible for attainment and
                                             Competitive International Merchandise
                                               Return Service Agreements with Foreign              [EPA–HQ–OAR–2016–0202; FRL–9975–23–                   maintenance of the ozone NAAQS.
                                               Postal Operators 1                                  OAR]                                                  Entities potentially affected indirectly
                                             Competitive International Merchandise                                                                       by this proposed rule as regulated
                                                                                                   RIN 2060–AT41                                         sources include owners and operators of
                                               Return Service Agreements with Foreign
                                               Postal Operators 2                                                                                        sources of emissions of volatile organic
                                             Alternative Delivery Provider (ADP)
                                                                                                   Implementation of the 2015 National
                                                                                                                                                         compounds (VOCs) and nitrogen oxides
                                               Contracts ADP 1                                     Ambient Air Quality Standards for
                                                                                                                                                         (NOX) that contribute to ground-level
                                             Alternative Delivery Provider Reseller                Ozone: Nonattainment Area
                                                                                                                                                         ozone formation.
                                               (ADPR) Contracts ADPR 1                             Classifications Approach
                                           Inbound International*                                                                                        B. Where can I get a copy of this
                                             International Business Reply Service                  AGENCY:  Environmental Protection                     document and other related
                                               (IBRS) Competitive Contracts                        Agency (EPA).                                         information?
                                             International Business Reply Service                  ACTION: Final rule.
                                               Competitive Contract 1                                                                                      In addition to being available in the
                                             International Business Reply Service                  SUMMARY:   In this final rule, the EPA is             docket, an electronic copy of this
                                               Competitive Contract 3                              establishing the air quality thresholds               Federal Register document will be
                                             Inbound Direct Entry Contracts with                   that define the classifications assigned              posted at http://www.epa.gov/ozone-
                                               Customers                                           to all nonattainment areas for the 2015               pollution.
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                                             Inbound Direct Entry Contracts with
                                                                                                   ozone national ambient air quality                    C. How is this document organized?
                                               Foreign Postal Administrations
                                             Inbound Direct Entry Contracts with                   standards (NAAQS) (the ‘‘2015 ozone
                                                                                                   NAAQS’’) promulgated on October 1,                      The information presented in this
                                               Foreign Postal Administrations
                                             Inbound Direct Entry Contracts with                   2015. This final rule also establishes the            document is organized as follows:
                                               Foreign Postal Administrations 1                    timing of attainment dates for each                   I. General Information
                                             Inbound EMS                                           nonattainment area classification.                       A. Does this action apply to me?



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                                                                 Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations                                                 10377

                                              B. Where can I get a copy of this document           an area designated as nonattainment for               III. Application of Classification
                                                 and other related information?                    a revised ozone NAAQS must be                         Provisions in CAA Section 181 to
                                              C. How is this document organized?                   classified, at the time of designation, as            Nonattainment Areas Subject to
                                           II. Background                                                                                                Subpart 2 of Part D of Title I of the CAA
                                                                                                   Marginal, Moderate, Serious, Severe or
                                           III. Application of Classification Provisions
                                                 in CAA Section 181 to Nonattainment               Extreme, depending on the severity of
                                                                                                                                                         A. Background and Summary of the
                                                 Areas Subject to Subpart 2 of Part D of           the ozone air quality problem in that
                                                                                                                                                         Proposal
                                                 Title I of the CAA                                nonattainment area.
                                              A. Background and Summary of the                        On November 17, 2016, the EPA                      1. Background
                                                 Proposal                                          proposed a set of nonattainment area                     On November 17, 2016, the EPA
                                              B. Brief Summary of Comments on the                  classification thresholds and associated              proposed numerical ozone air quality
                                                 Proposed Rule and the EPA’s Responses             attainment dates, as well as other
                                              C. Final Action                                                                                            thresholds for classifying nonattainment
                                                                                                   NAAQS implementation-related                          areas for the 2015 ozone NAAQS (81 FR
                                           IV. Environmental Justice Considerations                provisions including submittal
                                           V. Statutory and Executive Order Reviews                                                                      81283). In accordance with CAA section
                                              A. Executive Order 12866: Regulatory
                                                                                                   deadlines and specific CAA                            181(a)(1), each area designated as
                                                 Planning and Review and Executive                 requirements for the content of                       nonattainment for the 2015 ozone
                                                 Order 13563: Improving Regulation and             nonattainment area and Ozone                          NAAQS must be classified at the time
                                                 Regulatory Review                                 Transport Region state implementation                 of designation. Accordingly, the EPA is
                                              B. Executive Order 13771: Reducing                   plans (SIPs), for the 2015 ozone NAAQS                finalizing classification thresholds on or
                                                 Regulations and Controlling Regulatory            (81 FR 81276). With this action, we are
                                                 Costs
                                                                                                                                                         before the date that it issues final
                                                                                                   finalizing the set of nonattainment area
                                              C. Paperwork Reduction Act (PRA)                                                                           nonattainment area designations.
                                                                                                   classification thresholds and associated                 Under Subpart 2 of part D of title I of
                                              D. Regulatory Flexibility Act (RFA)                  attainment dates, which will apply
                                              E. Unfunded Mandates Reform Act                                                                            the CAA, state planning and emissions
                                                                                                   when the EPA promulgates final                        control requirements for ozone are
                                                 (UMRA)
                                              F. Executive Order 13132: Federalism                 nonattainment area designations for the               determined, in part, by a nonattainment
                                              G. Executive Order 13175: Consultation               2015 ozone NAAQS.4 The public                         area’s classification. Under subpart 2,
                                                 and Coordination With Indian Tribal               comment period on the November 17,                    ozone nonattainment areas are initially
                                                 Governments                                       2016, notice of proposed rulemaking                   classified based on the severity of their
                                              H. Executive Order 13045: Protection of              (NPRM) (November 2016 proposal) ran                   ozone levels, as determined by the
                                                 Children From Environmental Health                from November 17, 2016, to February
                                                 and Safety Risks                                                                                        area’s design value (DV),5 relative to the
                                                                                                   13, 2017. The EPA received                            lower and upper DV thresholds for each
                                              I. Executive Order 13211: Actions                    approximately 80 comment submissions
                                                 Concerning Regulations That                                                                             classification. Nonattainment areas with
                                                                                                   on the NPRM, approximately 20 of                      a ‘‘lower’’ classification have ozone
                                                 Significantly Affect Energy Supply,
                                                 Distribution, or Use                              which addressed the EPA’s proposed                    levels at the time of designation that are
                                              J. National Technology Transfer and                  nonattainment area classifications                    closer to the standard than areas with a
                                                 Advancement Act (NTTA)                            approach. The preamble to this final                  ‘‘higher’’ classification. Ozone
                                              K. Executive Order 12898: Federal Actions            classifications rule for the 2015 ozone               nonattainment areas in the lower
                                                 To Address Environmental Justice in               NAAQS discusses the comments                          classification levels have fewer initial
                                                 Minority Populations and Low-Income               received and how they were considered
                                                 Populations                                                                                             mandatory air quality planning and
                                                                                                   by the EPA in general terms. The                      control requirements than those in
                                              L. Congressional Review Act (CRA)                    Response to Comments document
                                              M. Judicial Review                                                                                         higher classifications. Clean Air Act
                                                                                                   provides more detailed responses to the               section 181 provides an increasing
                                           VI. Statutory Authority
                                                                                                   comments received. The public                         amount of maximum time from the date
                                           II. Background                                          comments received on the NPRM and                     of designation to attain the standards for
                                              On October 1, 2015,1 the EPA                         the EPA’s Response to Comment                         the progressively higher classifications:
                                           promulgated a rule that revised the                     document are posted in the docket at                  Marginal—3 years, Moderate—6 years,
                                           primary and secondary 8-hour NAAQS                      http://www.regulations.gov (Docket ID                 Serious—9 years, Severe—15 or 17
                                           for ozone to a level of 0.070 parts per                 No. EPA–HQ–OAR–2016–0202).                            years, and Extreme—20 years.
                                           million (ppm).2 3 Revisions to the ozone                   We are taking two actions in this final               The CAA provides mechanisms for
                                           NAAQS trigger a process set forth in                    rule: (1) Establishing the air quality                addressing nonattainment areas that
                                           section 107 of the Clean Air Act (CAA                   thresholds that define each of the five               may not be able to attain by the
                                           or Act), in which states recommend area                 CAA classifications for areas designated              attainment date for their classification,
                                           designations (i.e., as nonattainment,                   nonattainment for the 2015 ozone                      or that fail to attain by that date. CAA
                                           attainment, or unclassifiable with                      NAAQS; and (2) establishing the                       section 181(a)(4) provides that within 90
                                           respect to the revised standards) to the                attainment deadline associated with                   days of designation and classification,
                                           EPA, and the EPA then evaluates air                     each classification. The EPA also                     the Administrator may exercise
                                           quality data and other factors prior to                 proposed in the November 2016                         discretion to reclassify an area to a
                                           making final area designations. In                      proposal to apply previous voluntary                  higher (or lower) classification if its DV
                                           accordance with CAA section 181(a)(1),                  reclassifications for six areas in                    is within 5 percent of the DV range of
                                                                                                   California to the revised 2015 ozone                  the higher (or lower) classification. An
                                             1 See 80 FR 65292 (October 26, 2015).                 NAAQS. Consistent with California’s                   air agency may also voluntarily request,
                                             2 Compliance   with the NAAQS is computed             most recent request, EPA intends to                   pursuant to CAA section 181(b)(3), that
                                           based on the annual fourth highest daily maximum        finalize these voluntary reclassifications            the EPA reclassify the area to a higher
amozie on DSK30RV082PROD with RULES




                                           8-hour average concentration, averaged over 3           for five areas separately with its final
                                           years. For a detailed explanation of the calculation                                                          classification. The EPA may not deny
                                           of the 3-year 8-hour average, see 40 CFR part 50,
                                                                                                   nonattainment area designations for the
                                           appendix P.                                             2015 ozone NAAQS.                                       5 Annual fourth highest daily maximum 8-hour
                                             3 Since the 2015 primary and secondary NAAQS                                                                average ozone concentration, averaged over 3 years.
                                           for ozone are identical, for convenience, we refer to     4 The EPA intends to finalize, where appropriate,   For a detailed explanation of the calculation of the
                                           both as ‘‘the 2015 ozone NAAQS’’ or ‘‘the 2015          the other portions of the November 17, 2016,          3-year 8-hour average, see 40 CFR part 50,
                                           ozone standards.’’                                      proposed rule in a separate action.                   appendix P.



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                                           10378                Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations

                                           and must approve any such voluntary                     approach for 8-hour ozone NAAQS was                   commenters supported adoption of the
                                           reclassification requests. Once an area is              challenged in litigation and upheld by                proposed PATS approach, stating that it
                                           reclassified to a higher classification, it             the Court. See South Coast Air Quality                was consistent with the CAA as well as
                                           becomes subject to the associated                       Management District v. Environmental                  the method used for classifying
                                           additional planning and control                         Protection Agency, 472 F.3d 882 (D.C.                 nonattainment areas under the 1997 and
                                           requirements for that higher                            Cir. 2006) at 896–898. The EPA                        2008 ozone NAAQS, and has been
                                           classification, and must attain the                     subsequently retained the PATS                        upheld in litigation. The other one-third
                                           standard no later than the maximum                      approach in its final classifications rule            of comments suggested that EPA adopt
                                           attainment date for that classification.                for the 2008 8-hour ozone NAAQS.9                     a different classification approach, as
                                           Six nonattainment areas in California                      The EPA also proposed to retain its                addressed more fully below and in the
                                           were granted voluntary reclassifications                current approach in establishing                      separate Response to Comments
                                           for both the 1997 and 2008 ozone                        attainment dates for each nonattainment               document that is available in the docket
                                           NAAQS (77 FR 30165; May 21, 2012),                      area classification, consistent with CAA              for this rulemaking. The EPA received
                                           which we proposed in the November                       Table 1 and the regulatory approach for               no significant comments regarding its
                                           2016 proposal to apply for the 2015                     both the 1997 and 2008 ozone NAAQS                    proposed approach in establishing
                                           ozone NAAQS. Finally, if the EPA                        (81 FR 81285; November 17, 2016). We                  attainment dates for each nonattainment
                                           determines that an area has failed to                   proposed that the maximum attainment                  area classification under the 2015 ozone
                                           attain the standard by the applicable                   dates for nonattainment areas in each                 NAAQS.
                                           attainment date, CAA section 181(b)(2)                  classification under the 2015 NAAQS                      Comment: Some commenters were
                                           requires EPA to reclassify that area to a               are as follows: Marginal—3 years from                 concerned that the proposed PATS
                                           higher classification (i.e., ‘‘bump-up’’).              effective date of designation;                        approach classifies too many areas as
                                                                                                   Moderate—6 years from effective date of               Marginal nonattainment areas, and that
                                           2. Summary of the Proposal                              designation; Serious—9 years from                     some of those Marginal areas are
                                              For purposes of the 2015 ozone                       effective date of designation; Severe—15              unlikely to attain the standard within
                                           NAAQS, the EPA proposed to retain the                   years (or 17 years) from effective date of            the 3 years provided by the Act.
                                           ‘‘percent-above-the-standard’’ (PATS)                   designation; and Extreme—20 years                     Commenters pointed out that the EPA’s
                                           methodology used to establish area                      from effective date of designation.                   application of the PATS approach to
                                           classification thresholds for the 1997                     Finally, the EPA proposed to again                 classifications for the 2008 ozone
                                           and 2008 8-hour ozone NAAQS (81 FR                      apply previous voluntary                              NAAQS resulted in more than half of all
                                           81283; November 17, 2016). As the EPA                   reclassifications for potential                       Marginal areas failing to achieve timely
                                           explained in our proposal, the PATS                     nonattainment areas in California to the              attainment of that NAAQS by the end of
                                           approach is rooted in the classification                revised 2015 ozone NAAQS unless the                   the 2014 ozone season. Because the
                                           thresholds established for the ozone                    state of California explicitly requested              CAA does not require states with areas
                                           standard in effect at the time of the 1990              otherwise in their comments to the                    classified as Marginal to develop
                                           CAA amendments, which was a 1-hour                      November 2016 proposal (81 FR                         attainment plans or adopt additional
                                           exceedance-based standard of 0.12                       81285).10 These areas included Los                    controls, commenters argue that states
                                           ppm.6 The classification provisions in                  Angeles-South Coast Air Basin, San                    will not impose emission reductions
                                           Table 1 in section 181 of subpart 2 of                  Joaquin Valley, Riverside County                      necessary to timely achieve attainment
                                           the CAA (also referred to herein as the                 (Coachella Valley), Sacramento Metro,                 and moreover that some of these
                                           ‘‘CAA Table 1’’) are specific to that                   Ventura County and Western Mojave                     Marginal areas contribute pollution to
                                           1-hour standard. The EPA subsequently                   areas. We believe this is an appropriate              downwind areas that have historically
                                           translated the CAA Table 1 thresholds                   mechanism to address the situation for                struggled with attaining the NAAQS due
                                           for purposes of the revised 1997 ozone                  these California areas that were                      to transported pollution. These
                                           NAAQS, which were expressed in the                      voluntarily reclassified for the 1997                 commenters advocated alternative
                                           form of a 3-year average of annual fourth               ozone NAAQS and previously used this                  classification approaches, such as those
                                           highest daily maximum 8-hour                            mechanism for the 2008 ozone NAAQS                    considered by the EPA for the prior
                                           averages.7 Specifically, in the                         to ensure the areas would have an                     2008 ozone NAAQS, that would adjust
                                           classifications rule for the 1997 8-hour                attainment date for the revised 2015                  thresholds to classify more areas as
                                           ozone NAAQS, we translated the                          ozone NAAQS that is no earlier than the               Moderate than the proposed PATS
                                           classification thresholds in CAA Table 1                area’s attainment date for the prior 2008             approach. They argue that modifying
                                           from 1-hour DVs to 8-hour DVs based on                  NAAQS. The EPA proposed this                          the EPA’s proposed classification
                                           the percentage by which each                            approach in order to minimize burden                  approach with the result of increasing
                                           classification threshold in the table                   on the state of California and obviate the            the number of Moderate areas would
                                           exceeds the 1-hour ozone NAAQS (i.e.,                   need to go through the voluntary                      impose needed emissions control
                                           percent-above-the-standard, or PATS).8                  reclassification process again.                       requirements, provide a longer, more
                                           Application of the PATS classification                  B. Brief Summary of Comments on the                   realistic timeframe to attain the ozone
                                                                                                   Proposed Rule and the EPA’s Responses                 NAAQS, and would equitably require
                                             6 For additional discussion on the 1-hour ozone                                                             upwind areas that contribute to
                                           NAAQS and its associated area designations and            The EPA received approximately 20                   downwind transport to implement new
                                           classifications, see 56 FR 56695 (November 6,           comment submissions on its proposed                   control measures sooner.
                                           1991).                                                  approach for establishing nonattainment                  Response: The EPA recognizes that
                                             7 See 69 FR 23954 (April 30, 2004) and 40 CFR
                                                                                                   area classification thresholds for the                the nonattainment area classification
                                           Appendix I.
                                                                                                   2015 ozone NAAQS. A majority                          thresholds established in this action
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                                             8 The upper thresholds of the Marginal, Moderate,

                                           Serious and Severe classifications are precise          (approximately two-thirds) of the                     would likely result in the vast majority
                                           percentages or fractions above the level of the                                                               of nonattainment areas being initially
                                           standard, namely 15 percent (3/20ths more than the        9 See 77 FR 30162 (May 21, 2012).                   classified Marginal for the 2015 ozone
                                           standard), 33.33 percent (one-third more than the         10 Areas  for which California declines voluntary
                                           standard), 50 percent (one-half more than the           reclassification would be classified at the time of
                                                                                                                                                         NAAQS, subjecting states associated
                                           standard), and 133.3 percent (one and one-third         designation for the 2015 ozone NAAQS based on         with these areas to fewer mandatory air
                                           more than the standard).                                their DV.                                             quality planning and control


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                                                                Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations                                                      10379

                                           requirements than would apply in                        date, and 6 additional areas attained by                timeline with fewer prescribed control
                                           higher classifications. However, as the                 the extended attainment dates                           requirements.
                                           commenters acknowledge, the PATS                        authorized under CAA section                               Response: The EPA attempted to
                                           approach has ‘‘a degree of consistency                  181(a)(5).12 The EPA also does not agree                implement a subpart 1 approach for
                                           with Congressional intent’’ and has                     with commenters’ suggestion that the                    some ozone nonattainment areas as part
                                           withstood judicial review. The EPA                      EPA should adopt a different                            of a ‘‘hybrid’’ implementation strategy
                                           previously considered a number of                       classification scheme in order to address               in transitioning from the 1-hour ozone
                                           alternative approaches in establishing                  what they perceive as inequities in the                 NAAQS (0.12 ppm) to the 1997 8-hour
                                           nonattainment area classification                       interstate transport of ozone pollution.                NAAQS (0.08 ppm), explaining that an
                                           thresholds for the 2008 ozone NAAQS,                    The statute clearly provides other                      area must be covered under CAA
                                           and commenters suggested that we                        mechanisms for states and the EPA to                    subpart 2 if the area’s current (i.e., at the
                                           reexamine those approaches and                          address interstate transport, and the                   time of designation) 1-hour ozone DV
                                           consider adopting one here, or adopt an                 EPA has worked in partnership with                      was equal to or greater than 0.121 ppm,
                                           entirely new alternative approach.11 We                                                                         which was the lowest 1-hour DV in
                                                                                                   states to use those mechanisms. See,
                                           rejected the alternative approaches                                                                             CAA Table 1 (69 FR 23954; April 30,
                                                                                                   e.g., EME Homer City v. EPA, 696 F.3d
                                           discussed in the Background                                                                                     2004—the ‘‘Phase 1’’ Rule). In South
                                                                                                   7 (D.C. Cir. 2012), reversed by EPA v.
                                           Information Document that                                                                                       Coast, the Court rejected the EPA’s
                                                                                                   EME Homer City, 134 S. Ct. 1584 (2014),                 approach to placing areas solely under
                                           accompanied the classifications rule for                remand addressed in EME Homer City
                                           the 2008 ozone NAAQS because we                                                                                 the nonattainment area implementation
                                                                                                   v. EPA, 795 F.3d 118 (D.C. Cir. 2015)                   provisions of CAA subpart 1, including
                                           determined that the alternative                         (largely upholding the EPA’s framework
                                           approaches would introduce more                                                                                 the EPA’s use of the CAA Table 1
                                                                                                   for addressing CAA section 110(a)(2)(D)                 threshold for deciding which areas must
                                           judgment and uncertainty in the                         interstate transport obligations).
                                           threshold determination process than                                                                            be covered under implementation of the
                                           contemplated by the CAA, and, thus,                        The adopted PATS approach has                        provisions of CAA subpart 2. 472 F.3d
                                           posed heightened legal risk. We believe                 withstood legal challenge and, in                       at 892–894. The Court concluded that
                                           the same considerations apply to                        classifying areas as Marginal, maximizes                such a determination must be based on
                                           classifications for areas designated                    initial planning flexibility for air                    the 8-hour ‘‘equivalent’’ to the 1-hour
                                           nonattainment for the 2015 ozone                        agencies, which the EPA does not                        level specified in CAA Table 1, and
                                           NAAQS. As discussed in the November                     believe thwarts Congress’ intent. To the                ruled that the level that must be used is
                                           2016 proposal, the EPA utilized the                     extent that states are concerned about                  an 8-hour level of 0.09 ppm. Id. We
                                           PATS approach for classifying areas                     their inability to timely meet the                      concur with commenters to the
                                           under the 1997 and 2008 8-hour ozone                    Marginal attainment deadlines, the CAA                  November 2016 proposal that the South
                                           NAAQS, in large part, for its                           provides authority for them to                          Coast Court left open the possibility that
                                           straightforward translation of the                      voluntarily request a higher                            EPA could develop a reasonable basis to
                                           classification thresholds established by                classification for individual areas, if                 place under CAA subpart 1 all or certain
                                           Congress in CAA Table 1 (81 FR 81283).                  needed. The docket for this final action                areas with an 8-hour DV below 0.09
                                           As noted by commenters, the EPA’s                       includes a more detailed response to                    ppm. The EPA notes, however, that the
                                           original PATS classification approach                   comments suggesting that EPA adopt an                   South Coast Court also stated in that
                                           for the 8-hour ozone NAAQS was                          alternative approach that would have                    same decision that the CAA does not
                                                                                                   the effect of classifying more areas as                 allow the requirements of CAA subpart
                                           challenged in litigation and upheld by
                                                                                                   Moderate.                                               2 ‘‘to be stripped away’’ on the basis
                                           the Court. See South Coast Air Quality
                                                                                                                                                           that other provisions would allow
                                           Management District v. Environmental                       Comment: Some commenters                             attainment to be achieved more
                                           Protection Agency, 472 F.3d 882 (D.C.                   suggested that the EPA allow areas the                  efficiently. Id. at 894.14 We believe that
                                           Cir. 2006) at 896–898. For these reasons,               option to implement the 2015 ozone                      the adopted PATS classification
                                           and despite concerns raised by                          NAAQS under CAA section 172 (Part D,                    thresholds approach will continue to
                                           commenters, the EPA is finalizing the                   subpart 1), which specifies the general                 provide states a pathway for consistent
                                           PATS approach for classifications of the                nonattainment planning requirements                     and flexible attainment planning across
                                           2015 ozone NAAQS.                                       for all NAAQS pollutants.13                             successive ozone standards and, absent
                                              Furthermore, the EPA disagrees that                  Implementing the 2015 ozone NAAQS                       a more robust legal basis, we are not
                                           implementation of the 2008 ozone                        under CAA subpart 1 could eliminate                     adopting a CAA subpart 1 option for
                                           NAAQS was not in keeping with                           mandatory classifications and provide a                 implementing the 2015 ozone NAAQS.
                                           Congress’ design simply because many                    potentially more flexible attainment                       Comment: The California Air
                                           Marginal areas did not attain by their                                                                          Resources Board (CARB) affirmed our
                                           initial attainment deadline. Commenters                    12 Eight areas received 1-year extensions of the     proposal to apply previous voluntary
                                           point out that more than half of all areas              attainment date under CAA section 181(a)(5), which      reclassifications for selected
                                           originally classified as Marginal did not               Congress provided for areas that were making good       nonattainment areas, with the exception
                                           timely attain, but in fact more than half               progress towards achieving the NAAQS and thus
                                                                                                                                                           of the Sacramento Metro area. As part of
                                           of all Marginal areas did attain by their               had air quality that was just missing the standard.
                                                                                                   Of those eight areas, two eventually failed to attain   their comment, CARB forwarded a
                                           attainment date, when attainment date                   by their extended attainment date. The other six        request from the Sacramento Air Quality
                                           extensions are included in the analysis.                areas attained in the year following the original       Management District declining the
                                           Of the 36 areas originally classified as                attainment date. Thus, a total of 13 original
                                                                                                                                                           voluntary reclassification for the
                                           Marginal for the 2008 ozone NAAQS, 17                   Marginal areas failed to attain by their applicable
                                                                                                                                                           Sacramento Metro area, which the
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                                                                                                   attainment date.
                                           attained by their original attainment                      13 Prior to the 1990 CAA Amendments, all             District anticipated would be classified
                                                                                                   NAAQS nonattainment area requirements were
                                              11 Docket No. EPA–HQ–OAR–2010–0885                   specified in Part D, subpart 1. In the 1990                14 Cf. NRDC v. EPA, 706 F.3d 428 (DC Cir. 2013)
                                           includes a Background Information Document,             Amendments, Congress added pollutant-specific           (rejecting EPA’s implementation of PM2.5 under
                                           titled Additional Options Considered for                subparts containing additional nonattainment area       subpart 1, instead requiring that PM2.5 be
                                           Classification of Nonattainment Areas under the         requirements, including subpart 2 which applies to      implemented under the ‘‘specific, more stringent,
                                           2008 Ozone NAAQS (January 2012).                        ozone nonattainment areas.                              and far less discretionary’’ provisions of subpart 4).



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                                           10380                       Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations

                                           Moderate for the 2015 ozone NAAQS                                      reclassifications for five of the six                               reclassification for each area under the
                                           (see comment no. 100 in the rulemaking                                 California areas originally proposed.                               2015 ozone NAAQS. We intend to
                                           docket).                                                               Table 1 presents the voluntary                                      formally apply the previous voluntary
                                             Response: Based on comments to the                                   reclassification history for these areas                            reclassifications for these California
                                           November 2016 proposal received from                                   across the 1997 and 2008 ozone                                      areas in a separate action, along with the
                                           the state of California, the EPA also                                  NAAQS, and the anticipated initial                                  final nonattainment area designations
                                           intends to apply previous voluntary                                    classification and anticipated voluntary                            for the 2015 ozone NAAQS.
                                            TABLE 1—AREAS FOR WHICH THE STATE OF CALIFORNIA REQUESTED A VOLUNTARY RECLASSIFICATION UNDER THE 1997
                                                              OZONE NAAQS AND APPLICATION UNDER SUBSEQUENT OZONE STANDARDS
                                                                                                                                                                                                                                   Anticipated
                                                                                                                                                                                                   Hypothetical initial
                                                                                                                                         Voluntary                       Voluntary                                                  voluntary
                                                                                                    Original 1997 ozone                                                                               classification
                                                                                                                                      reclassification                reclassification                                          reclassification
                                                        Nonattainment area                          NAAQS classification                                                                           under 2015 ozone
                                                                                                                                 for 1997 ozone NAAQS            for 2008 ozone NAAQS                                          under 2015 ozone
                                                                                                     (attainment date)                                                                                   NAAQS a                    NAAQS a
                                                                                                                                     (attainment date)               (attainment date)              (attainment date)          (attainment date)

                                           Los Angeles-South Coast Air Basin ......               Severe—17 (2021) ......        Extreme (2024) ............     Extreme (2032) ............    Severe—15 (2033) ......        Extreme (2038).
                                           San Joaquin Valley ...............................     Serious (2013) .............   Extreme (2024) ............     Extreme (2032) ............    Serious (2027) .............   Extreme (2038).
                                           Riverside County (Coachella Valley) ....               Serious (2013) .............   Severe—15 (2019) ......         Severe—15 (2027) ......        Moderate (2024) ..........     Severe—15
                                                                                                                                                                                                                                 (2033).
                                           Ventura County .....................................   Moderate (2010) ..........     Serious (2013) .............    Serious (2021) .............   Marginal (2021) ...........    Serious (2027).
                                           Western Mojave ....................................    Moderate (2010) ..........     Severe—15 (2019) ......         Severe—15 (2027) ......        Moderate (2024) ..........     Severe—15
                                                                                                                                                                                                                                 (2033).
                                             a Based    on adopted PATS classification thresholds and final 2014–2016 design values.


                                              It is important to note that an air                                 initial designation may request, and the                            2008 8-hour ozone NAAQS. We are also
                                           agency may request a voluntary                                         Administrator must approve, a higher                                establishing maximum attainment dates
                                           reclassification for an area under CAA                                 classification for an area for any reason                           for each nonattainment area
                                           section 181(b)(3) at any time. In the                                  in accordance with CAA section                                      classification, consistent with CAA
                                           November 2016 proposal, the EPA                                        181(b)(3).                                                          Table 1 and the regulatory approach for
                                           encouraged any air agency that wanted                                                                                                      both the 1997 and 2008 ozone NAAQS.
                                           a specific higher classification to apply                              C. Final Action
                                                                                                                                                                                      Table 2 depicts the translation for each
                                           to an area at the time of initial                                        The EPA is establishing                                           of the CAA Table 1 thresholds and
                                           designation to make such a request prior                               nonattainment area classification                                   corresponding maximum attainment
                                           to or contemporaneous with the                                         thresholds for the 2015 ozone NAAQS
                                                                                                                                                                                      dates for each area classification as they
                                           designation process. However, an air                                   using the PATS methodology applied
                                                                                                                                                                                      would apply for the 2015 ozone
                                           agency that determines it would like a                                 previously to translate the CAA Table 1
                                                                                                                                                                                      NAAQS.
                                           voluntary reclassification after an area’s                             thresholds for purposes of the 1997 and

                                             TABLE 2—CAA TABLE 1 OZONE DESIGN VALUE TRANSLATION TO 8-HOUR DESIGN VALUES FOR THE 2015 OZONE
                                                NAAQS OF 0.070 ppm USING PATS METHODOLOGY AND CORRESPONDING MAXIMUM ATTAINMENT DATES FOR
                                                EACH AREA CLASSIFICATION
                                                                                                                                                                                                                                    Maximum
                                                                                                                                                                                                                                    attainment
                                                                                                                                                                 1-hour              Percent                  8-hour                   date
                                                              Area class                                                                                        ozone DV           above 1-hour              ozone DV              (years from
                                                                                                                                                                  (ppm)           ozone NAAQS                  (ppm)              effective date
                                                                                                                                                                                                                                 of designation)

                                           Marginal ............................................     From up to a .....................................                0.121                 0.833                    0.071                       3
                                                                                                                                                                       0.138                    15                    0.081
                                           Moderate ...........................................      From up to a .....................................                0.138                    15                    0.081                       6
                                                                                                                                                                       0.160                33.333                    0.093
                                           Serious ..............................................    From up to a .....................................                0.160                33.333                    0.093                       9
                                                                                                                                                                       0.180                    50                    0.105
                                           Severe—15 .......................................         From up to a .....................................                0.180                    50                    0.105                      15
                                                                                                                                                                       0.190                58.333                    0.111
                                           Severe—17 .......................................         From up to a .....................................                .0190                58.333                    0.111                      17
                                                                                                                                                                       0.280               133.333                    0.163
                                           Extreme .............................................     Equal to or above .............................                   0.280               133.333                    0.163                      20
                                              a But   not including.


                                             The EPA intends to apply voluntary                                   finalizing a number of regulatory                                   IV. Environmental Justice
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                                           reclassifications for five California areas                            definitions needed to support the                                   Considerations
                                           in a separate action with the final                                    implementation of this final
                                           nonattainment area designations for the                                classifications rule.                                                 The EPA believes the human health or
                                           2015 ozone NAAQS, in accordance with                                                                                                       environmental risk addressed by this
                                           comments received from relevant air                                                                                                        action will not have disproportionately
                                           agencies in California. The EPA is also                                                                                                    high and adverse human health or


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                                                                Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations                                           10381

                                           environmental effects on minority, low-                 F. Executive Order 13132: Federalism                  K. Executive Order 12898: Federal
                                           income, or indigenous populations                         This action does not have federalism                Actions To Address Environmental
                                           because it would not negatively affect                                                                        Justice in Minority Populations and
                                                                                                   implications. It will not have substantial
                                           the level of protection provided to                                                                           Low-Income Populations
                                                                                                   direct effects on the states, on the
                                           human health or the environment under                                                                            The EPA believes that this action does
                                                                                                   relationship between the national
                                           the 2015 ozone NAAQS. When                                                                                    not have disproportionately high and
                                                                                                   government and the states, or on the
                                           promulgated, these regulations will
                                                                                                   distribution of power and                             adverse human health or environmental
                                           establish classification thresholds for
                                                                                                   responsibilities among the various                    effects on minority populations, low-
                                           the 2015 ozone NAAQS. These
                                                                                                   levels of government.                                 income populations and/or indigenous
                                           requirements are designed to protect all
                                                                                                                                                         populations as specified in Executive
                                           segments of the general population and,                 G. Executive Order 13175: Consultation
                                                                                                                                                         Order 12898 (59 FR 7629, February 16,
                                           as such, will not adversely affect the                  and Coordination With Indian Tribal
                                                                                                                                                         1994). The adopted regulations establish
                                           health or safety of minority, low-income                Governments
                                                                                                                                                         classification thresholds for the 2015
                                           or indigenous populations.
                                                                                                     This action does not have tribal                    ozone NAAQS, which are designed to
                                           V. Statutory and Executive Order                        implications as specified in Executive                protect all segments of the general
                                           Reviews                                                 Order 13175. It would not have a                      populations. The results of our
                                           A. Executive Order 12866: Regulatory                    substantial direct effect on one or more              evaluation are contained in Section IV
                                           Planning and Review and Executive                       Indian tribes, since no tribe has to                  of this preamble.
                                           Order 13563: Improving Regulation and                   develop a tribal implementation plan
                                                                                                                                                         L. Congressional Review Act (CRA)
                                           Regulatory Review                                       under these regulatory revisions.
                                                                                                   Furthermore, these regulation revisions                 This action is subject to the CRA, and
                                             This action is not a significant                      do not affect the relationship or                     the EPA will submit a rule report to
                                           regulatory action and was therefore not                 distribution of power and                             each House of the Congress and to the
                                           submitted to the Office of Management                   responsibilities between the federal                  Comptroller General of the United
                                           and Budget (OMB) for review.                            government and Indian tribes. The CAA                 States. This action is not a ‘‘major rule’’
                                           B. Executive Order 13771: Reducing                      and the Tribal Air Rule establish the                 as defined by 5 U.S.C. 804(2).
                                           Regulations and Controlling Regulatory                  relationship of the federal government                M. Judicial Review
                                           Costs                                                   and tribes in developing plans to attain
                                                                                                   the NAAQS, and these revisions to the                    Section 307(b)(1) of the CAA indicates
                                             This action is not an Executive Order                                                                       which Federal Courts of Appeal have
                                                                                                   regulations do nothing to modify that
                                           13771 regulatory action because this                                                                          venue for petitions of review of final
                                                                                                   relationship. Thus, Executive Order
                                           action is not significant under Executive                                                                     agency actions by the EPA under the
                                                                                                   13175 does not apply to this action.
                                           Order 12866.                                                                                                  CAA. This section provides, in part, that
                                                                                                   Consistent with the EPA’s OAR
                                           C. Paperwork Reduction Act (PRA)                        Handbook for Interacting with Tribal                  petitions for review must be filed in the
                                             This action does not impose an                        Governments, the EPA invited tribal                   U.S. Court of Appeals for the District of
                                           information collection burden under the                 officials to consult on the November                  Columbia Circuit (i) when the agency
                                           PRA. The EPA is establishing                            2016 proposal; however, we received no                action consists of ‘‘nationally applicable
                                           nonattainment area classification                       subsequent requests for consultation.                 regulations promulgated, or final actions
                                           thresholds for the 2015 ozone NAAQS                                                                           taken, by the Administrator’’ or (ii)
                                                                                                   H. Executive Order 13045: Protection of               when such action is locally or regionally
                                           so that areas may be classified at the                  Children From Environmental Health
                                           time of designation as provided in                                                                            applicable, if ‘‘such action is based on
                                                                                                   and Safety Risks                                      a determination of nationwide scope or
                                           section 181(a) of the CAA. No new
                                           information needs to be collected from                    The EPA interprets Executive Order                  effect and if in taking such action the
                                           the states as a result of this final                    13045 as applying only to those                       Administrator finds and publishes that
                                           classifications rule.                                   regulatory actions that concern                       such action is based on such a
                                                                                                   environmental health or safety risks that             determination.’’
                                           D. Regulatory Flexibility Act (RFA)                     the EPA has reason to believe may                        This rule implementing the 2015
                                              I certify that this action will not have             disproportionately affect children, per               ozone NAAQS nonattainment area
                                           a significant economic impact on a                      the definition of ‘‘covered regulatory                classifications is ‘‘nationally applicable’’
                                           substantial number of small entities                    action’’ in section 2–202 of the                      within the meaning of CAA section
                                           under the RFA. This action will not                     Executive Order. This action is not                   307(b)(1). First, the rulemaking
                                           impose any requirements on small                        subject to Executive Order 13045                      addresses the NAAQS that applies to all
                                           entities. Entities potentially affected                 because it does not concern an                        states and territories in the U.S. Second,
                                           directly by this rule include state, local              environmental health risk or safety risk.             the rulemaking addresses the
                                           and tribal governments and none of                                                                            classification of potential nonattainment
                                                                                                   I. Executive Order 13211: Actions                     areas in states across the U.S. that are
                                           these governments are small                             Concerning Regulations That
                                           governments.                                                                                                  located in each of the ten EPA regions,
                                                                                                   Significantly Affect Energy Supply,                   numerous federal circuits and multiple
                                           E. Unfunded Mandates Reform Act                         Distribution, or Use                                  time zones. Third, the rulemaking
                                           (UMRA)                                                    This action is not a ‘‘significant                  addresses a common core of knowledge
                                             This action does not contain any                      energy action’’ because it is not likely to           and analysis involved in formulating the
                                           unfunded mandate as described in                        have a significant adverse effect on the              decision and a common interpretation
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                                           UMRA, 2 U.S.C. 1531–1538, and does                      supply, distribution or use of energy.                of the requirements of the CAA being
                                           not significantly or uniquely affect small                                                                    applied to potential nonattainment areas
                                           governments. The action implements                      J. National Technology Transfer and                   in states across the country. Fourth, the
                                           mandates specifically and explicitly set                Advancement Act (NTTA)                                rulemaking, by addressing issues
                                           forth in the CAA without the exercise of                  This rulemaking does not involve                    relevant to potential nonattainment area
                                           any policy discretion by the EPA.                       technical standards.                                  classifications in one state, may have


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                                           10382                       Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations

                                           precedential impacts upon potential                                       PART 51—REQUIREMENTS FOR                                                  (e) Higher classification/lower
                                           nonattainment area classifications in                                     PREPARATION, ADOPTION, AND                                              classification. For purposes of
                                           other states nationwide. Courts have                                      SUBMITTAL OF IMPLEMENTATION                                             determining whether a classification is
                                           found similar implementation                                              PLANS                                                                   higher or lower, classifications under
                                           rulemaking actions to be of nationwide                                                                                                            subpart 2 of part D of title I of the CAA
                                           scope and effect.15                                                       ■ 1. The authority citation for part 51                                 are ranked from lowest to highest as
                                             Under section 307(b)(1) of the Act,                                     continues to read as follows:                                           follows: Marginal; Moderate; Serious;
                                           petitions for judicial review of this                                       Authority: 23 U.S.C. 101; 42 U.S.C. 7401–                             Severe-15; Severe-17; and Extreme.
                                           action must be filed in the United States                                 7671q.
                                           Court of Appeals for the District of                                                                                                              § 51.1301    Applicability of this part.
                                           Columbia Circuit by May 8, 2018. Any                                      ■ 2. Add subpart CC, consisting of
                                                                                                                     §§ 51.1300 through 51.1303, to read as                                    The provisions in subparts A through
                                           such judicial review is limited to only
                                                                                                                     follows:                                                                Y and AA of this part apply to areas for
                                           those objections that are raised with
                                           reasonable specificity in timely                                          Subpart CC—Provisions for Implementation
                                                                                                                                                                                             purposes of the 2015 ozone NAAQS to
                                           comments. Filing a petition for                                           of the 2015 Ozone National Ambient Air                                  the extent they are not inconsistent with
                                           reconsideration by the Administrator of                                   Quality Standards                                                       the provisions of this subpart.
                                           this final rule does not affect the finality                              Sec.                                                                    § 51.1302 Classification and
                                           of this rule for the purposes of judicial                                 51.1300 Definitions.                                                    nonattainment area planning provisions.
                                           review nor does it extend the time                                        51.1301 Applicability of this part.
                                           within which a petition for judicial                                      51.1302 Classification and nonattainment                                   An area designated nonattainment for
                                           review may be filed and shall not                                              area planning provisions.                                          the 2015 ozone NAAQS will be
                                           postpone the effectiveness of such rule                                   51.1303 Application of classification and                               classified in accordance with CAA
                                                                                                                          attainment date provisions in CAA                                  section 181, as interpreted in
                                           or action. Under section 307(b)(2) of the                                      section 181 to areas subject to § 51.1302.
                                           Act, the requirements of this final action                                                                                                        § 51.1303(a), and will be subject to the
                                           may not be challenged later in civil or                                   Subpart CC—Provisions for                                               requirements of subpart 2 of part D of
                                           criminal proceedings brought by us to                                     Implementation of the 2015 Ozone                                        title I of the CAA that apply for that
                                           enforce these requirements.                                               National Ambient Air Quality                                            classification.
                                           VI. Statutory Authority                                                   Standards                                                               § 51.1303 Application of classification and
                                              The statutory authority for this action                                § 51.1300       Definitions.                                            attainment date provisions in CAA section
                                           is provided by sections 109; 110; 172;                                                                                                            181 to areas subject to § 51.1302.
                                                                                                                       The following definitions apply for
                                           181; and 301(a)(1) of the CAA, as                                         purposes of this subpart. Any term not                                     (a) In accordance with CAA section
                                           amended (42 U.S.C. 7409; 42 U.S.C.                                        defined herein shall have the meaning                                   181(a)(1), each area designated
                                           7410; 42 U.S.C. 7502; 42 U.S.C. 7511; 42                                  as defined in § 51.100.                                                 nonattainment for the 2015 ozone
                                           U.S.C. 7601(a)(1)).                                                         (a) 2015 NAAQS. The 2015 8-hour                                       NAAQS shall be classified by operation
                                           List of Subjects in 40 CFR Part 51                                        primary and secondary ozone NAAQS                                       of law at the time of designation. The
                                             Environmental protection, Air                                           codified at 40 CFR 50.19.                                               classification shall be based on the 8-
                                           pollution control, Intergovernmental                                        (b) 8-hour ozone design value. The 8-                                 hour design value for the area at the
                                           relations, Ozone, Particulate matter,                                     hour ozone concentration calculated                                     time of designation, in accordance with
                                           Transportation, Volatile organic                                          according to 40 CFR part 50, appendix                                   Table 1 of this paragraph (a). A state
                                           compounds.                                                                P, for the 2008 NAAQS, and 40 CFR part                                  may request a higher or lower
                                                                                                                     50, appendix U, for the 2015 NAAQS.                                     classification as provided in paragraphs
                                             Dated: March 1, 2018.
                                                                                                                       (c) CAA. The Clean Air Act as                                         (b) and (c) of this section. For each area
                                           E. Scott Pruitt,                                                          codified at 42 U.S.C. 7401–7671q                                        classified under this section, the
                                           Administrator.                                                            (2010).                                                                 attainment date for the 2015 NAAQS
                                             For the reasons stated in the                                              (d) Designation for a NAAQS. The                                     shall be as expeditious as practicable,
                                           preamble, 40 CFR part 51 is amended as                                    effective date of the designation for an                                but not later than the date provided in
                                           follows:                                                                  area for that NAAQS.                                                    Table 1 as follows:

                                                TABLE 1 TO PARAGRAPH (a)—CLASSIFICATIONS AND ATTAINMENT DATES FOR 2015 8-HOUR OZONE NAAQS (0.070
                                                                               ppm) FOR AREAS SUBJECT TO § 51.1302
                                                                                                                                                                                                                        Primary standard
                                                                                                                                                                                                8-hour ozone             attainment date
                                                                      Area class                                                                                                                design value         (years after the effective
                                                                                                                                                                                                   (ppm)              date of designation for
                                                                                                                                                                                                                      2015 primary NAAQS)

                                           Marginal .............................................................    from up to * ........................................................                  0.071                              3
                                                                                                                                                                                                            0.081
                                           Moderate ............................................................     from up to * ........................................................                  0.081                              6
                                                                                                                                                                                                            0.093
                                           Serious ...............................................................   from up to * ........................................................                  0.093                               9
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                                                                                                                                                                                                            0.105
                                           Severe-15 ..........................................................      from up to * ........................................................                  0.105                              15
                                                                                                                                                                                                            0.111


                                            15 See, e.g., State of Texas, et al. v. EPA, 2011 U.S.                   to 13 states to be of nationwide scope and effect and                   Appeals for the D.C. Circuit in accordance with
                                           App. LEXIS 5654 (5th Cir. 2011) (finding SIP call                         thus transferring the case to the U.S. Court of                         CAA section 307(b)(1)).



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                                                                       Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations                                                                         10383

                                                TABLE 1 TO PARAGRAPH (a)—CLASSIFICATIONS AND ATTAINMENT DATES FOR 2015 8-HOUR OZONE NAAQS (0.070
                                                                         ppm) FOR AREAS SUBJECT TO § 51.1302—Continued
                                                                                                                                                                                                                    Primary standard
                                                                                                                                                                                               8-hour ozone          attainment date
                                                                      Area class                                                                                                               design value      (years after the effective
                                                                                                                                                                                                  (ppm)           date of designation for
                                                                                                                                                                                                                  2015 primary NAAQS)

                                           Severe-17 ..........................................................     from up to * ........................................................                0.111                          17
                                                                                                                                                                                                         0.163
                                           Extreme ..............................................................   equal to or above ..............................................                     0.163                          20
                                              * But not including.


                                             (b) A state may request, and the                                       Region 10, Office of Air and Waste                                      requirements established by RCRA.
                                           Administrator must approve, a higher                                     (OAW–150), 1200 Sixth Avenue, Suite                                     Therefore, the EPA is granting
                                           classification for an area for any reason                                900, Seattle, Washington 98101, phone                                   Washington final authorization to
                                           in accordance with CAA section                                           number: (206) 553–2416, email:                                          operate its hazardous waste program
                                           181(b)(3).                                                               mccullough.barbara@epa.gov.                                             with the changes described in the
                                             (c) A state may request, and the                                       SUPPLEMENTARY INFORMATION:                                              authorization revision application.
                                           Administrator may in the                                                                                                                         Washington will continue to have
                                           Administrator’s discretion approve, a                                    A. Why are revisions to State programs                                  responsibility for permitting Treatment,
                                           higher or lower classification for an area                               necessary?                                                              Storage, and Disposal Facilities (TSDFs)
                                           in accordance with CAA section                                              States that have received final                                      within its borders (except in Indian
                                           181(a)(4).                                                               authorization from the EPA pursuant to                                  country (18 U.S.C. 1151)) with the
                                           [FR Doc. 2018–04810 Filed 3–8–18; 8:45 am]                               Section 3006(b) of RCRA, 42 U.S.C.                                      exception of the non-trust lands within
                                           BILLING CODE 6560–50–P                                                   6926(b), must maintain a hazardous                                      the exterior boundaries of the Puyallup
                                                                                                                    waste program that is equivalent to,                                    Indian Reservation (also referred to as
                                                                                                                    consistent with, and no less stringent                                  the ‘‘1873 Survey Area’’ or ‘‘Survey
                                           ENVIRONMENTAL PROTECTION                                                 than the Federal program. As the                                        Area’’) located in Tacoma, Washington
                                           AGENCY                                                                   Federal program changes, states must                                    (see Section J below for full description)
                                                                                                                    change their programs and ask the EPA                                   and for carrying out the aspects of the
                                           40 CFR Part 271                                                          to authorize the changes. Changes to                                    RCRA program described in its revised
                                                                                                                    state programs may be necessary when                                    program application, subject to the
                                           [EPA–R10–RCRA–2017–0285; FRL–9974–
                                           35–Region 10]                                                            federal or state statutory or regulatory                                limitations of the Hazardous and Solid
                                                                                                                    authority is modified or when certain                                   Waste Amendments of 1984 (HSWA).
                                           Washington: Authorization of State                                       other changes occur. Most commonly,                                     New Federal requirements and
                                           Hazardous Waste Management                                               states must change their programs                                       prohibitions imposed by Federal
                                           Program Revisions                                                        because of changes to the EPA’s                                         regulations that the EPA promulgates
                                                                                                                    regulations in title 40 of the Code of                                  under the authority of HSWA, and
                                           AGENCY:  Environmental Protection                                        Federal Regulations (CFR) parts 124,                                    which are not less stringent than
                                           Agency (EPA).                                                            260 through 266, 268, 270, 273, and 279.                                existing requirements, take effect in
                                           ACTION: Final authorization.                                                Washington State’s hazardous waste                                   authorized states before the states are
                                                                                                                    management program was initially                                        authorized for the requirements. Thus,
                                           SUMMARY:   Washington applied to the                                                                                                             the EPA will implement those
                                                                                                                    approved on January 30, 1986 and
                                           Environmental Protection Agency (EPA)                                                                                                            requirements and prohibitions in
                                                                                                                    became effective on January 31, 1986.
                                           for final authorization of certain changes                                                                                                       Washington, including issuing permits,
                                                                                                                    As explained in Section E below, it has
                                           to its hazardous waste program under                                                                                                             until the State is granted authorization
                                                                                                                    been revised and reauthorized
                                           the Resource Conservation and                                                                                                                    to do so.
                                                                                                                    numerous times since then. On January
                                           Recovery Act, as amended, (RCRA). The
                                                                                                                    26, 2017, the EPA received the State’s                                  C. What is the effect of this
                                           EPA reviewed Washington’s
                                                                                                                    most recent authorization revision                                      authorization decision?
                                           application, and has determined that
                                                                                                                    application. This authorization revision
                                           these changes satisfy all requirements                                                                                                              A person in Washington subject to
                                                                                                                    application requested federal
                                           needed to qualify for final authorization.                                                                                                       RCRA must comply with the authorized
                                                                                                                    authorization for Washington’s Rules
                                           The EPA sought public comment under                                                                                                              State requirements in lieu of the
                                                                                                                    and Standards for Hazardous Waste,
                                           Docket number EPA–R10–RCRA–2017–                                                                                                                 corresponding Federal requirements.
                                                                                                                    effective as of December 31, 2014, and
                                           0285 from July 13, 2017 to August 14,                                                                                                            Additionally, such persons will have to
                                                                                                                    sought to revise its federally-authorized
                                           2017 and from September 25, 2017 to                                                                                                              comply with any applicable Federal
                                                                                                                    hazardous waste management program
                                           October 25, 2017, prior to taking this                                                                                                           requirements, such as HSWA
                                                                                                                    to include Federal hazardous waste
                                           final action to authorize these changes.                                                                                                         regulations issued by the EPA for which
                                                                                                                    regulations promulgated through July 1,
                                           The EPA received one comment which                                                                                                               the State has not received authorization
                                                                                                                    2013.
                                           was responded to but was not                                                                                                                     and RCRA requirements that are not
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                                           applicable to this authorization action.                                 B. What decisions has the EPA made in                                   supplanted by authorized State-issued
                                           DATES: This final authorization is                                       this authorization?                                                     requirements. Washington continues to
                                           effective April 9, 2018.                                                   The EPA has reviewed Washington’s                                     have enforcement responsibilities under
                                           FOR FURTHER INFORMATION CONTACT:                                         application to revise its authorized                                    its State hazardous waste management
                                           Barbara McCullough, U.S.                                                 program and has determined that it                                      program for violations of this program,
                                           Environmental Protection Agency,                                         meets all the statutory and regulatory                                  but the EPA retains its authority under


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Document Created: 2018-03-09 03:48:20
Document Modified: 2018-03-09 03:48:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on May 8, 2018.
ContactFor further general information on this rule, contact Mr. Robert Lingard, Office of Air Quality Planning and Standards (OAQPS), Air Quality Policy Division, U.S. EPA, Mailcode 539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; by telephone at (919) 541-5272; or by email at [email protected]; or Mr. Butch Stackhouse, OAQPS, Air Quality Policy Division, U.S. EPA, Mailcode 539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; by telephone at (919) 541-5208; or by email at stackhouse.bu[email protected]
FR Citation83 FR 10376 
RIN Number2060-AT41
CFR AssociatedEnvironmental Protection; Air Pollution Control; Intergovernmental Relations; Ozone; Particulate Matter; Transportation and Volatile Organic Compounds

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