83 FR 13719 - EPA Response to the Designation Recommendation From Texas for the San Antonio Area for the 2015 Ozone National Ambient Air Quality Standards: Notice of Availability and Public Comment Period
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 62 (March 30, 2018)
Federal Register Volume 83, Issue 62 (March 30, 2018)
| Page Range | 13719-13720 | |
| FR Document | 2018-06441 |
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)] [Proposed Rules] [Pages 13719-13720] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06441] [[Page 13719]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-HQ-OAR-2017-0548; FRL-9975-91-OAR] EPA Response to the Designation Recommendation From Texas for the San Antonio Area for the 2015 Ozone National Ambient Air Quality Standards: Notice of Availability and Public Comment Period AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability and public comment period. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the Environmental Protection Agency (EPA) has posted on our public electronic docket and internet website the agency's response to the designation recommendation from the state of Texas for the eight counties in the San Antonio area for the 2015 Ozone National Ambient Air Quality Standards (NAAQS). The response includes our intended designations for the area. The EPA invites the public to review and provide input on our intended designations during the comment period specified in the DATES section. The EPA sent its response directly to Texas on March 19, 2018. The EPA intends to make final designation determinations for the eight counties in the San Antonio area by July 17, 2018. DATES: Comments must be received on or before April 30, 2018. Please refer to SUPPLEMENTARY INFORMATION for additional information on the comment period. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ- OAR-2017-0548, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from http://www.regulations.gov. The EPA may publish any comment received to our public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, Cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: For general questions concerning this action, please contact Denise Scott, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Policy Division, C539-01, Research Triangle Park, NC 27709, telephone (919) 541-4280, email at scott.denise@epa.gov. The EPA Region 6 contact for this action is Carrie Paige, telephone (214) 665-6521, email at paige.carrie@epa.gov. The public may inspect the designation recommendation from Texas, the EPA's recent letter notifying Texas of our intended designations for the San Antonio area, and area-specific technical support information at the following location: EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202, (214) 665-6691. The information can also be reviewed online at https://www.epa.gov/ozone-designations and in the public docket for these ozone designations at https://www.regulations.gov under Docket ID No. EPA-HQ- OAR-2017-0548. SUPPLEMENTARY INFORMATION: I. What is the purpose of this action? The purpose of this notice of availability is to solicit input from interested parties other than Texas on the EPA's recent response to the designation recommendation from Texas for the San Antonio area for the 2015 Ozone NAAQS. This response, and the supporting technical analyses, can be found at https://www.epa.gov/ozone-designations and in the public docket for these ozone designations at https://www.regulations.gov under Docket ID No. EPA-HQ-OAR-2017-0548. On October 1, 2015, the EPA Administrator signed a notice of final rulemaking that revised the primary and secondary ozone NAAQS (80 FR 65292; October 26, 2015). The EPA established the revised primary and secondary ozone NAAQS at 0.070 parts per million (ppm). The 2015 Ozone NAAQS are met at an ambient air quality monitoring site when the 3-year average of the annual fourth highest daily maximum 8-hour average ozone concentration (i.e., the design value) is less than or equal to 0.070 ppm. The revised standards will improve public health protection, particularly for at-risk groups including children, older adults, people of all ages who have lung diseases such as asthma, and people who are active outdoors, especially outdoor workers. They also will improve the health of trees, plants and ecosystems. After the EPA promulgates a new or revised NAAQS, the Clean Air Act (CAA) requires the EPA to designate all areas of the country as either ``Nonattainment,'' ``Attainment,'' or ``Unclassifiable,'' for that NAAQS. The process for these initial designations is contained in CAA section 107(d)(1) (42 U.S.C. 7407). After promulgation of a new or revised NAAQS, each governor or tribal leader has an opportunity to recommend air quality designations, including the appropriate boundaries for Nonattainment areas, to the EPA. The EPA considers these recommendations as part of its duty to promulgate the formal area designations and boundaries for the new or revised NAAQS. By no later than 120 days prior to promulgating designations, the EPA is required to notify states, territories, and tribes, as appropriate, of any intended modifications to an area designation or boundary recommendation that the EPA deems necessary. On November 6, 2017, the EPA established initial air quality designations for most areas in the United States, including most areas of Indian country, for the 2015 primary and secondary ozone NAAQS (82 FR 54232, November 16, 2017). In that action, the EPA designated 2,646 counties, including Indian country located in those counties, two separate areas of Indian country, and five territories as Attainment/ Unclassifiable and three counties as Unclassifiable. On or about December 20, 2017, consistent with section 107(d)(1)(b)(ii) of the CAA, the EPA notified affected states and tribes of the agency's intended designations for the remaining undesignated areas, except for eight counties in the San Antonio, Texas, area. States and tribes were provided an opportunity during the 120-day process to provide additional information for the EPA to consider in making the final designation decisions. Although not required, the EPA also provided a public comment period on its intended designations for these areas. On January 19, 2018, the EPA sent a follow-up letter to the Governor of Texas requesting any additional information that the state would like the EPA to consider in designating the San Antonio area. In a letter dated February 28, 2018, the Governor of Texas provided his response on the appropriate designation for the San Antonio area. On March 19, 2018, the EPA notified the Governor of Texas of the agency's intended designations for the eight [[Page 13720]] counties in the San Antonio area. That action initiated the 120-day period process specific to the eight counties in the San Antonio area. The EPA plans to continue to work with the state in an effort to resolve any disagreement regarding the designation of the eight counties in the San Antonio area. Once designations take effect, they govern what subsequent regulatory actions states, tribes, and the EPA must take in order to improve or preserve air quality in each area. II. Instructions for Submitting Public Comments and Internet Website for Rulemaking Information A. Invitation To Comment The purpose of this notice is to solicit input from interested parties, other than Texas, on the EPA's recent response to the designation recommendation from Texas for the eight counties in the San Antonio area for the 2015 Ozone NAAQS. The response, and the supporting technical analysis, can be found at https://www.epa.gov/ozone-designations and in the public docket for these ozone designations at Docket ID No. EPA-HQ-OAR-2017-0548. The EPA Docket Office can be contacted at (202) 566-1744, and is located at EPA Docket Center Reading Room, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The hours of operation at the EPA Docket Center are 8:30 a.m.-4:30 p.m., Monday-Friday. CAA section 107(d)(1) provides a process for air quality designations that involves recommendations by states, territories, and tribes to the EPA and responses from the EPA to those parties, prior to the EPA promulgating final area designations and boundaries. The EPA is not required under the CAA section 107(d)(1) to seek public comment during the designation process, but we are electing to do so with respect to the 2015 Ozone NAAQS in order to gather additional information for the EPA to consider before making final designations. The EPA invites public input on our response to Texas regarding the designations for the San Antonio area during the 30-day comment period provided in this notice. In order to receive full consideration, input from the public must be submitted to the docket by April 30, 2018. This notice and opportunity for public comment does not affect any rights or obligations of any state, or tribe, or of the EPA, which might otherwise exist pursuant to the CAA section 107(d). Please refer to the FOR FURTHER INFORMATION CONTACT section in this document for specific instructions on submitting comments and locating relevant public documents. In establishing Nonattainment area boundaries for a particular area, CAA section 107(d)(1)(A) requires the EPA to include within the boundaries both the area that does not meet the standard and any nearby area contributing to ambient air quality in the area that does not meet the NAAQS. We are particularly interested in receiving comments, supported by relevant information addressing the section 107(d)(1)(A) criteria, if you believe that a specific geographic area should not be categorized as Nonattainment, or if you believe that an area the EPA had indicated that it intends to designate as Attainment/Unclassifiable or Unclassifiable should in fact be categorized Nonattainment based on the presence of a violating monitor in the area or based on contribution to ambient air quality in a nearby areas. Please be as specific as possible in supporting your views.Describe any assumptions and provide any technical information and/or data that you used. Provide specific examples to illustrate your concerns, and suggest alternatives. Explain your views as clearly as possible. Provide your input by the comment period deadline identified. B. What should I consider as I prepare my comments for the EPA? 1. Submitting CBI. Do not submit CBI information to the EPA through https://www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI in a disk or CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 Code of Federal Regulations (CFR) part 2. Send or deliver information identified as CBI only to the following address: OAQPS CBI Officer, U.S. EPA, Office of Air Quality Planning and Standards, Mail Code C404-02, Research Triangle Park, NC 27711, telephone (919) 541- 0878, email at purifoy.tiffany@epa.gov, Attention Docket ID No. EPA-HQ- OAR-2017-0548. 2. Tips for Preparing Your Comments. When submitting comments, remember to: Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). Follow directions. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. C. Where can I find additional information for this rulemaking? The EPA has also established a website for this rulemaking at https://www.epa.gov/ozone-designations. The website includes the state, territorial and tribal recommendations, the EPA's intended area designations, information supporting the EPA's preliminary designation decisions, the EPA's designation guidance for the 2015 Ozone NAAQS as well as the rulemaking actions and other related information that the public may find useful. Dated: March 19, 2018. Panagiotis E. Tsirigotis, Director, Office of Air Quality Planning and Standards. [FR Doc. 2018-06441 Filed 3-29-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Proposed Rules 13719
ENVIRONMENTAL PROTECTION EPA public comment policy, will improve the health of trees, plants
AGENCY information about CBI or multimedia and ecosystems.
submissions, and general guidance on After the EPA promulgates a new or
40 CFR Part 81 making effective comments, please visit revised NAAQS, the Clean Air Act
[EPA–HQ–OAR–2017–0548; FRL–9975–91– https://www2.epa.gov/dockets/ (CAA) requires the EPA to designate all
OAR] commenting-epa-dockets. areas of the country as either
FOR FURTHER INFORMATION CONTACT: For ‘‘Nonattainment,’’ ‘‘Attainment,’’ or
EPA Response to the Designation general questions concerning this ‘‘Unclassifiable,’’ for that NAAQS. The
Recommendation From Texas for the action, please contact Denise Scott, U.S. process for these initial designations is
San Antonio Area for the 2015 Ozone EPA, Office of Air Quality Planning and contained in CAA section 107(d)(1) (42
National Ambient Air Quality Standards, Air Quality Policy Division, U.S.C. 7407). After promulgation of a
Standards: Notice of Availability and C539–01, Research Triangle Park, NC new or revised NAAQS, each governor
Public Comment Period 27709, telephone (919) 541–4280, email or tribal leader has an opportunity to
at scott.denise@epa.gov. The EPA recommend air quality designations,
AGENCY: Environmental Protection including the appropriate boundaries
Agency (EPA). Region 6 contact for this action is Carrie
Paige, telephone (214) 665–6521, email for Nonattainment areas, to the EPA.
ACTION: Notice of availability and public The EPA considers these
comment period. at paige.carrie@epa.gov.
The public may inspect the recommendations as part of its duty to
SUMMARY: Notice is hereby given that designation recommendation from promulgate the formal area designations
the Environmental Protection Agency Texas, the EPA’s recent letter notifying and boundaries for the new or revised
(EPA) has posted on our public Texas of our intended designations for NAAQS. By no later than 120 days prior
electronic docket and internet website the San Antonio area, and area-specific to promulgating designations, the EPA
the agency’s response to the designation is required to notify states, territories,
technical support information at the
recommendation from the state of Texas and tribes, as appropriate, of any
following location: EPA Region 6, 1445
for the eight counties in the San intended modifications to an area
Ross Avenue, Dallas, TX 75202, (214)
Antonio area for the 2015 Ozone designation or boundary
665–6691.
National Ambient Air Quality Standards recommendation that the EPA deems
The information can also be reviewed
(NAAQS). The response includes our necessary.
online at https://www.epa.gov/ozone- On November 6, 2017, the EPA
intended designations for the area. The designations and in the public docket established initial air quality
EPA invites the public to review and for these ozone designations at https:// designations for most areas in the
provide input on our intended www.regulations.gov under Docket ID United States, including most areas of
designations during the comment period No. EPA–HQ–OAR–2017–0548. Indian country, for the 2015 primary
specified in the DATES section. The EPA SUPPLEMENTARY INFORMATION: and secondary ozone NAAQS (82 FR
sent its response directly to Texas on
I. What is the purpose of this action? 54232, November 16, 2017). In that
March 19, 2018. The EPA intends to
action, the EPA designated 2,646
make final designation determinations The purpose of this notice of counties, including Indian country
for the eight counties in the San availability is to solicit input from located in those counties, two separate
Antonio area by July 17, 2018. interested parties other than Texas on areas of Indian country, and five
DATES: Comments must be received on the EPA’s recent response to the territories as Attainment/Unclassifiable
or before April 30, 2018. Please refer to designation recommendation from and three counties as Unclassifiable.
SUPPLEMENTARY INFORMATION for Texas for the San Antonio area for the On or about December 20, 2017,
additional information on the comment 2015 Ozone NAAQS. This response, and consistent with section 107(d)(1)(b)(ii)
period. the supporting technical analyses, can of the CAA, the EPA notified affected
ADDRESSES: Submit your comments, be found at https://www.epa.gov/ozone- states and tribes of the agency’s
identified by Docket ID No. EPA–HQ– designations and in the public docket intended designations for the remaining
OAR–2017–0548, at http:// for these ozone designations at https:// undesignated areas, except for eight
www.regulations.gov. Follow the online www.regulations.gov under Docket ID counties in the San Antonio, Texas,
instructions for submitting comments. No. EPA–HQ–OAR–2017–0548. area. States and tribes were provided an
Once submitted, comments cannot be On October 1, 2015, the EPA opportunity during the 120-day process
edited or removed from http:// Administrator signed a notice of final to provide additional information for
www.regulations.gov. The EPA may rulemaking that revised the primary and the EPA to consider in making the final
publish any comment received to our secondary ozone NAAQS (80 FR 65292; designation decisions. Although not
public docket. Do not submit October 26, 2015). The EPA established required, the EPA also provided a
electronically any information you the revised primary and secondary public comment period on its intended
consider to be Confidential Business ozone NAAQS at 0.070 parts per million designations for these areas.
Information (CBI) or other information (ppm). The 2015 Ozone NAAQS are met On January 19, 2018, the EPA sent a
whose disclosure is restricted by statute. at an ambient air quality monitoring site follow-up letter to the Governor of
Multimedia submissions (audio, video, when the 3-year average of the annual Texas requesting any additional
etc.) must be accompanied by a written fourth highest daily maximum 8-hour information that the state would like the
comment. The written comment is average ozone concentration (i.e., the EPA to consider in designating the San
amozie on DSK30RV082PROD with PROPOSALS
considered the official comment and design value) is less than or equal to Antonio area. In a letter dated February
should include discussion of all points 0.070 ppm. The revised standards will 28, 2018, the Governor of Texas
you wish to make. The EPA will improve public health protection, provided his response on the
generally not consider comments or particularly for at-risk groups including appropriate designation for the San
comment contents located outside of the children, older adults, people of all ages Antonio area.
primary submission (i.e., on the web, who have lung diseases such as asthma, On March 19, 2018, the EPA notified
Cloud, or other file sharing system). For and people who are active outdoors, the Governor of Texas of the agency’s
additional submission methods, the full especially outdoor workers. They also intended designations for the eight
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![13720 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Proposed Rules
counties in the San Antonio area. That In order to receive full consideration, electronically within the disk or CD
action initiated the 120-day period input from the public must be submitted ROM the specific information that is
process specific to the eight counties in to the docket by April 30, 2018. This claimed as CBI. In addition to one
the San Antonio area. The EPA plans to notice and opportunity for public complete version of the comment that
continue to work with the state in an comment does not affect any rights or includes information claimed as CBI, a
effort to resolve any disagreement obligations of any state, or tribe, or of copy of the comment that does not
regarding the designation of the eight the EPA, which might otherwise exist contain the information claimed as CBI
counties in the San Antonio area. pursuant to the CAA section 107(d). must be submitted for inclusion in the
Once designations take effect, they Please refer to the FOR FURTHER public docket. Information so marked
govern what subsequent regulatory INFORMATION CONTACT section in this will not be disclosed except in
actions states, tribes, and the EPA must document for specific instructions on accordance with procedures set forth in
take in order to improve or preserve air submitting comments and locating 40 Code of Federal Regulations (CFR)
quality in each area. relevant public documents. part 2. Send or deliver information
In establishing Nonattainment area identified as CBI only to the following
II. Instructions for Submitting Public boundaries for a particular area, CAA
Comments and Internet Website for address: OAQPS CBI Officer, U.S. EPA,
section 107(d)(1)(A) requires the EPA to Office of Air Quality Planning and
Rulemaking Information include within the boundaries both the Standards, Mail Code C404–02,
A. Invitation To Comment area that does not meet the standard and Research Triangle Park, NC 27711,
The purpose of this notice is to solicit any nearby area contributing to ambient telephone (919) 541–0878, email at
input from interested parties, other than air quality in the area that does not meet purifoy.tiffany@epa.gov, Attention
Texas, on the EPA’s recent response to the NAAQS. We are particularly Docket ID No. EPA–HQ–OAR–2017–
the designation recommendation from interested in receiving comments, 0548.
Texas for the eight counties in the San supported by relevant information
addressing the section 107(d)(1)(A) 2. Tips for Preparing Your Comments.
Antonio area for the 2015 Ozone When submitting comments, remember
NAAQS. The response, and the criteria, if you believe that a specific
geographic area should not be to:
supporting technical analysis, can be
found at https://www.epa.gov/ozone- categorized as Nonattainment, or if you • Identify the rulemaking by docket
designations and in the public docket believe that an area the EPA had number and other identifying
for these ozone designations at Docket indicated that it intends to designate as information (subject heading, Federal
ID No. EPA–HQ–OAR–2017–0548. The Attainment/Unclassifiable or Register date and page number).
EPA Docket Office can be contacted at Unclassifiable should in fact be • Follow directions.
categorized Nonattainment based on the
(202) 566–1744, and is located at EPA
presence of a violating monitor in the • Explain why you agree or disagree;
Docket Center Reading Room, WJC West suggest alternatives and substitute
area or based on contribution to ambient
Building, Room 3334, 1301 Constitution language for your requested changes.
air quality in a nearby areas. Please be
Avenue NW, Washington, DC 20004.
as specific as possible in supporting C. Where can I find additional
The hours of operation at the EPA
your views. information for this rulemaking?
Docket Center are 8:30 a.m.–4:30 p.m., • Describe any assumptions and
Monday–Friday. provide any technical information and/ The EPA has also established a
CAA section 107(d)(1) provides a website for this rulemaking at https://
or data that you used.
process for air quality designations that • Provide specific examples to www.epa.gov/ozone-designations. The
involves recommendations by states, illustrate your concerns, and suggest website includes the state, territorial
territories, and tribes to the EPA and alternatives. and tribal recommendations, the EPA’s
responses from the EPA to those parties, • Explain your views as clearly as intended area designations, information
prior to the EPA promulgating final area possible. supporting the EPA’s preliminary
designations and boundaries. The EPA • Provide your input by the comment designation decisions, the EPA’s
is not required under the CAA section period deadline identified. designation guidance for the 2015
107(d)(1) to seek public comment Ozone NAAQS as well as the
during the designation process, but we B. What should I consider as I prepare
my comments for the EPA? rulemaking actions and other related
are electing to do so with respect to the information that the public may find
2015 Ozone NAAQS in order to gather 1. Submitting CBI. Do not submit CBI useful.
additional information for the EPA to information to the EPA through https://
consider before making final www.regulations.gov or email. Clearly Dated: March 19, 2018.
designations. The EPA invites public mark the part or all of the information Panagiotis E. Tsirigotis,
input on our response to Texas that you claim to be CBI. For CBI in a Director, Office of Air Quality Planning and
regarding the designations for the San disk or CD ROM that you mail to the Standards.
Antonio area during the 30-day EPA, mark the outside of the disk or CD [FR Doc. 2018–06441 Filed 3–29–18; 8:45 am]
comment period provided in this notice. ROM as CBI and then identify BILLING CODE 6560–50–P
amozie on DSK30RV082PROD with PROPOSALS
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Document Created: 2018-11-01 08:57:34
Document Modified: 2018-11-01 08:57:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of availability and public comment period. | |
| Dates | Comments must be received on or before April 30, 2018. Please refer to SUPPLEMENTARY INFORMATION for additional information on the comment period. | |
| Contact | For general questions concerning this action, please contact Denise Scott, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Policy Division, C539-01, Research Triangle Park, NC 27709, telephone (919) 541-4280, email at [email protected] The EPA Region 6 contact for this action is Carrie Paige, telephone (214) 665-6521, email at [email protected] | |
| FR Citation | 83 FR 13719 |
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