83_FR_34646 83 FR 34506 - Approval and Promulgation of Air Quality Implementation Plans; New York; Determination of Attainment of the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Jamestown, New York Marginal Nonattainment Area

83 FR 34506 - Approval and Promulgation of Air Quality Implementation Plans; New York; Determination of Attainment of the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Jamestown, New York Marginal Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 140 (July 20, 2018)

Page Range34506-34508
FR Document2018-15623

The Environmental Protection Agency (EPA) is proposing to make a determination that the Jamestown, New York Marginal Nonattainment Area (Jamestown Area or Area) has attained the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). This proposed determination is based upon complete, quality-assured, and certified ambient air monitoring data that shows the Area has monitored attainment of the 2008 8-hour ozone NAAQS for both the 2012-2014 and 2015-2017 monitoring periods. This action does not constitute a redesignation to attainment. The Jamestown Area will remain nonattainment for the 2008 8-hour ozone NAAQS until such time as EPA determines that the Jamestown Area meets the Clean Air Act (CAA) requirements for redesignation to attainment, including an approved maintenance plan. This action is being taken under the CAA.

Federal Register, Volume 83 Issue 140 (Friday, July 20, 2018)
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Proposed Rules]
[Pages 34506-34508]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15623]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0422; FRL-9981-04--Region 2]


Approval and Promulgation of Air Quality Implementation Plans; 
New York; Determination of Attainment of the 2008 8-Hour Ozone National 
Ambient Air Quality Standard for the Jamestown, New York Marginal 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to make 
a determination that the Jamestown, New York Marginal Nonattainment 
Area (Jamestown Area or Area) has attained the 2008 8-hour ozone 
National Ambient Air Quality Standard (NAAQS). This proposed 
determination is based upon complete, quality-assured, and certified 
ambient air monitoring data that shows the Area has monitored 
attainment of the 2008 8-hour ozone NAAQS for both the 2012-2014 and 
2015-2017 monitoring periods. This action does not constitute a 
redesignation to attainment. The Jamestown Area will remain 
nonattainment for the 2008 8-hour ozone NAAQS until such time as EPA 
determines that the Jamestown Area meets the Clean Air Act (CAA) 
requirements for redesignation to attainment, including an approved 
maintenance plan. This action is being taken under the CAA.

DATES: Written comments must be received on or before August 20, 2018.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2018-0422 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, (212) 637-3381, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 12, 2008, EPA revised both the primary and secondary NAAQS 
for ozone to a level of 0.075 parts per million (ppm) (annual fourth-
highest daily maximum 8-hour average concentration, averaged over three 
years) to provide increased protection of public health and the 
environment. 73 FR 16436 (March 27, 2008).\1\ The 2008 ozone NAAQS 
retains the same general form and averaging time as the 0.08 ppm NAAQS 
set in 1997, but is set at a more protective level. On May 21, 2012 (77 
FR 30088), effective July 20, 2012, EPA designated as nonattainment any 
area that was violating the 2008 8-hour ozone NAAQS based on the three 
most recent years (2008-2010) of air monitoring data. The Jamestown 
Area (specifically, Chautauqua County) was designated as a marginal 
ozone nonattainment area. See 40 CFR 81.333.
---------------------------------------------------------------------------

    \1\ For a detailed explanation of the calculation of the 3-year 
8-hour average, see 40 CFR part 50, appendix I.
---------------------------------------------------------------------------

    Marginal areas designated in the May 21, 2012 rule are required to 
attain the 2008 8-hour ozone NAAQS by the applicable deadline of July 
20, 2015. See 40 CFR 51.903. On May 4, 2016, EPA determined that 
complete, quality-assured, and certified air quality monitoring data 
from the 2012-2014 monitoring period indicated that the Jamestown Area 
attained the 2008 8-hour ozone NAAQS by that attainment date. See 81 FR 
26697.
    Under the provisions of EPA's ozone implementation rule (40 CFR 
51.918), if EPA also issues a determination (as it is proposing to do 
here) that an area is attaining the relevant standard through a 
rulemaking that includes public notice and comment (known informally as 
a Clean Data Determination), the requirements for a State to submit 
certain required planning SIPs related to attainment of the eight-hour 
NAAQS, such as attainment demonstrations, reasonable further progress 
plans and contingency measures, shall be suspended. EPA's action only 
suspends the requirements to submit the SIP revisions discussed 
above.\2\
---------------------------------------------------------------------------

    \2\ For more information on the EPA's Clean Data Policy, see 
https://www.epa.gov/ozone-pollution/redesignation-and-clean-data-policy-cdp for documents such as the Memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, ``Reasonable 
Further Progress, Attainment Demonstration, and Related Requirements 
for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air 
Quality Standard'' (May 10, 1995).
---------------------------------------------------------------------------

    This suspension remains in effect until such time, if ever, that 
EPA (i) redesignates the area to attainment, at which time those 
requirements no longer apply, or (ii) subsequently determines that the 
area has violated the 2008 8-hour ozone NAAQS. Although these 
requirements are suspended, if the State provides these submissions to 
EPA for review and approval at any time, EPA is not precluded from 
acting upon them. The determination of attainment is not equivalent to 
a redesignation under section 107(d)(3) of the CAA. The designation 
status of the Jamestown Area will remain nonattainment for the 2008 8-
hour ozone NAAQS until such time as EPA determines that the Area meets 
the CAA requirements for redesignation to attainment, including an 
approved maintenance plan.
    Additionally, the determination of attainment is separate from, and 
does not influence or otherwise affect, any future designation 
determination or requirements for the Jamestown Area based on any new 
or revised ozone NAAQS, and it remains in effect regardless of whether 
EPA designates this Area as a nonattainment area for purposes of any 
new or revised ozone NAAQS.

II. EPA's Evaluation

    For ozone, an area may be considered to be attaining the 2008 8-
hour ozone NAAQS if there are no violations, as determined in 
accordance with 40 CFR part 50, based on three complete, consecutive 
calendar years of quality-assured ambient air monitoring data. Under 
EPA regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentrations at an ozone monitor is less 
than or equal to 0.075 ppm. See 40 CFR part 50, appendix P. This 3-year 
average is referred to as the design value. When the design value is 
less than or equal to

[[Page 34507]]

0.075 ppm at each monitor within the area, then the area is attaining 
the NAAQS. Also, the data meets the regulatory completeness requirement 
when the average percent of days with valid ambient monitoring data is 
greater than or equal to 90 percent (%), and no single year has less 
than 75% data completeness as determined in appendix P of 40 CFR part 
50. The data must be collected and quality-assured in accordance with 
40 CFR part 58, and recorded in the EPA Air Quality System (AQS).
    EPA has reviewed the complete, quality-assured, and certified ozone 
ambient air monitoring data for the monitoring periods for both 2012-
2014 and 2015-2017 for the Jamestown Area. For both monitoring periods, 
the design values for the Jamestown monitor in Chautauqua County are 
less than or equal to 0.075 ppm, and the monitor meets the data 
completeness requirements (see Table 1). Based on the 2012-2014 data 
from the AQS database and consistent with the requirements contained in 
40 CFR part 50, EPA has concluded that this Area attained the 2008 8-
hour ozone NAAQS. In addition, complete, quality-assured, and certified 
data through the 2017 ozone season demonstrate that the area continues 
to attain the standard.

                                                 Table 1--Jamestown Area 2008 8-Hour Ozone Design Values
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          2012-2014                         2015-2017
                                                                                         2012-2014     Average percent     2015-2017     Average percent
                               County                                    Site ID        Design value         data         Design value         data
                                                                                           (ppm)         completeness        (ppm)         completeness
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chautauqua.........................................................     36-013-0006            0.071               97            0.068               96
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The data in Table 1 are available in EPA's AQS database. The AQS 
report with this data is available in the docket for this rulemaking 
under docket number EPA-R02-OAR-2018-0422 and available online at 
www.regulations.gov, docket number EPA-R02-OAR-2018-0422.

III. Proposed Action

    EPA is proposing to make a determination that the Jamestown Area 
has attained the 2008 8-hour ozone NAAQS. This proposed determination 
(informally known as a Clean Data Determination) is based upon 
complete, quality assured, and certified ambient air monitoring data 
that show the Jamestown Area has monitored attainment of the 2008 8-
hour ozone NAAQS for the 2012-2014 and 2015-2017 monitoring periods. 
Complete and quality assured and certified data for these periods 
demonstrate that the area continues to attain the standard during both 
time periods. As provided in 40 CFR 51.918, if EPA's determination that 
this area has attained the 8-hour ozone standard is made final, it 
would suspend the requirements under CAA section 182(b)(1) for 
submission of a reasonable further progress plan and ozone attainment 
demonstration. In addition, such a final determination would mean the 
requirements of CAA section 172(c)(9) concerning submission of 
contingency measures and any other planning SIP relating to attainment 
of the 2008 8-hour ozone NAAQS shall be suspended for so long as the 
Jamestown Area continues to attain the 2008 8-hour ozone NAAQS. 
Although these requirements would be suspended, EPA would not be 
precluded from acting upon these elements at any time if submitted to 
EPA for review and approval.
    Finalizing this determination would not constitute a redesignation 
of the Jamestown Area to attainment for the 2008 8-hour ozone NAAQS 
under CAA section 107(d)(3). This proposed determination of attainment 
also does not involve approving any maintenance plan for the Jamestown 
Area and does not determine that the Jamestown Area has met all the 
requirements for redesignation under the CAA, including that the 
attainment be due to permanent and enforceable measures. Therefore, the 
designation status of the Jamestown Area will remain nonattainment for 
the 2008 8-hour ozone NAAQS until such time as EPA takes final 
rulemaking action to determine that such Area meets the CAA 
requirements for redesignation to attainment. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    This action proposes to make an attainment determination based on 
air quality data and would, if finalized, result in the suspension of 
certain Federal requirements and would not impose any additional 
requirements. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as

[[Page 34508]]

specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 3, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-15623 Filed 7-20-18; 8:45 am]
BILLING CODE 6560-50-P



                                                 34506                      Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Proposed Rules

                                                 recommendations that reflect industry                    submissions (audio, video, etc.) must be               requirements for a State to submit
                                                 best practices for shipping liquids.                     accompanied by a written comment.                      certain required planning SIPs related to
                                                                                                          The written comment is considered the                  attainment of the eight-hour NAAQS,
                                                 Ruth Stevenson,
                                                                                                          official comment and should include                    such as attainment demonstrations,
                                                 Attorney, Federal Compliance.                            discussion of all points you wish to                   reasonable further progress plans and
                                                 [FR Doc. 2018–15548 Filed 7–19–18; 8:45 am]              make. The EPA will generally not                       contingency measures, shall be
                                                 BILLING CODE 7710–12–P                                   consider comments or comment                           suspended. EPA’s action only suspends
                                                                                                          contents located outside of the primary                the requirements to submit the SIP
                                                                                                          submission (i.e., on the web, cloud, or                revisions discussed above.2
                                                 ENVIRONMENTAL PROTECTION                                 other file sharing system). For                           This suspension remains in effect
                                                 AGENCY                                                   additional submission methods, the full                until such time, if ever, that EPA (i)
                                                                                                          EPA public comment policy,                             redesignates the area to attainment, at
                                                 40 CFR Part 52                                           information about CBI or multimedia                    which time those requirements no
                                                 [EPA–R02–OAR–2018–0422; FRL–9981–                        submissions, and general guidance on                   longer apply, or (ii) subsequently
                                                 04—Region 2]                                             making effective comments, please visit                determines that the area has violated the
                                                                                                          http://www2.epa.gov/dockets/                           2008 8-hour ozone NAAQS. Although
                                                 Approval and Promulgation of Air                         commenting-epa-dockets.                                these requirements are suspended, if the
                                                 Quality Implementation Plans; New                        FOR FURTHER INFORMATION CONTACT: Kirk                  State provides these submissions to EPA
                                                 York; Determination of Attainment of                     J. Wieber, (212) 637–3381, or by email                 for review and approval at any time,
                                                 the 2008 8-Hour Ozone National                           at wieber.kirk@epa.gov.                                EPA is not precluded from acting upon
                                                 Ambient Air Quality Standard for the                     SUPPLEMENTARY INFORMATION:                             them. The determination of attainment
                                                 Jamestown, New York Marginal                                                                                    is not equivalent to a redesignation
                                                 Nonattainment Area                                       I. Background                                          under section 107(d)(3) of the CAA. The
                                                                                                             On March 12, 2008, EPA revised both                 designation status of the Jamestown
                                                 AGENCY:  Environmental Protection
                                                                                                          the primary and secondary NAAQS for                    Area will remain nonattainment for the
                                                 Agency (EPA).
                                                                                                          ozone to a level of 0.075 parts per                    2008 8-hour ozone NAAQS until such
                                                 ACTION: Proposed rule.                                                                                          time as EPA determines that the Area
                                                                                                          million (ppm) (annual fourth-highest
                                                 SUMMARY:   The Environmental Protection                  daily maximum 8-hour average                           meets the CAA requirements for
                                                 Agency (EPA) is proposing to make a                      concentration, averaged over three                     redesignation to attainment, including
                                                 determination that the Jamestown, New                    years) to provide increased protection of              an approved maintenance plan.
                                                 York Marginal Nonattainment Area                         public health and the environment. 73                     Additionally, the determination of
                                                 (Jamestown Area or Area) has attained                    FR 16436 (March 27, 2008).1 The 2008                   attainment is separate from, and does
                                                 the 2008 8-hour ozone National                           ozone NAAQS retains the same general                   not influence or otherwise affect, any
                                                 Ambient Air Quality Standard                             form and averaging time as the 0.08                    future designation determination or
                                                 (NAAQS). This proposed determination                     ppm NAAQS set in 1997, but is set at                   requirements for the Jamestown Area
                                                 is based upon complete, quality-                         a more protective level. On May 21,                    based on any new or revised ozone
                                                                                                          2012 (77 FR 30088), effective July 20,                 NAAQS, and it remains in effect
                                                 assured, and certified ambient air
                                                                                                          2012, EPA designated as nonattainment                  regardless of whether EPA designates
                                                 monitoring data that shows the Area has
                                                                                                          any area that was violating the 2008 8-                this Area as a nonattainment area for
                                                 monitored attainment of the 2008 8-
                                                                                                          hour ozone NAAQS based on the three                    purposes of any new or revised ozone
                                                 hour ozone NAAQS for both the 2012–
                                                                                                          most recent years (2008–2010) of air                   NAAQS.
                                                 2014 and 2015–2017 monitoring
                                                 periods. This action does not constitute                 monitoring data. The Jamestown Area                    II. EPA’s Evaluation
                                                 a redesignation to attainment. The                       (specifically, Chautauqua County) was
                                                                                                                                                                    For ozone, an area may be considered
                                                 Jamestown Area will remain                               designated as a marginal ozone                         to be attaining the 2008 8-hour ozone
                                                 nonattainment for the 2008 8-hour                        nonattainment area. See 40 CFR 81.333.                 NAAQS if there are no violations, as
                                                 ozone NAAQS until such time as EPA                          Marginal areas designated in the May
                                                                                                                                                                 determined in accordance with 40 CFR
                                                 determines that the Jamestown Area                       21, 2012 rule are required to attain the
                                                                                                                                                                 part 50, based on three complete,
                                                 meets the Clean Air Act (CAA)                            2008 8-hour ozone NAAQS by the
                                                                                                                                                                 consecutive calendar years of quality-
                                                 requirements for redesignation to                        applicable deadline of July 20, 2015. See
                                                                                                                                                                 assured ambient air monitoring data.
                                                 attainment, including an approved                        40 CFR 51.903. On May 4, 2016, EPA
                                                                                                                                                                 Under EPA regulations at 40 CFR part
                                                 maintenance plan. This action is being                   determined that complete, quality-
                                                                                                                                                                 50, the 2008 8-hour ozone NAAQS is
                                                 taken under the CAA.                                     assured, and certified air quality                     attained when the 3-year average of the
                                                 DATES: Written comments must be                          monitoring data from the 2012–2014                     annual fourth-highest daily maximum 8-
                                                 received on or before August 20, 2018.                   monitoring period indicated that the                   hour average ozone concentrations at an
                                                                                                          Jamestown Area attained the 2008 8-                    ozone monitor is less than or equal to
                                                 ADDRESSES: Submit your comments,
                                                                                                          hour ozone NAAQS by that attainment                    0.075 ppm. See 40 CFR part 50,
                                                 identified by Docket ID Number EPA–
                                                                                                          date. See 81 FR 26697.                                 appendix P. This 3-year average is
                                                 R02–OAR–2018–0422 at http://                                Under the provisions of EPA’s ozone
                                                 www.regulations.gov. Follow the online                                                                          referred to as the design value. When
                                                                                                          implementation rule (40 CFR 51.918), if
                                                 instructions for submitting comments.                                                                           the design value is less than or equal to
                                                                                                          EPA also issues a determination (as it is
                                                 Once submitted, comments cannot be                       proposing to do here) that an area is
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                                                                                   2 For more information on the EPA’s Clean Data
                                                 edited or removed from Regulations.gov.                  attaining the relevant standard through                Policy, see https://www.epa.gov/ozone-pollution/
                                                 The EPA may publish any comment                          a rulemaking that includes public notice               redesignation-and-clean-data-policy-cdp for
                                                 received to its public docket. Do not                    and comment (known informally as a                     documents such as the Memorandum from John S.
                                                 submit electronically any information                    Clean Data Determination), the                         Seitz, Director, Office of Air Quality Planning and
                                                 you consider to be Confidential                                                                                 Standards, ‘‘Reasonable Further Progress,
                                                                                                                                                                 Attainment Demonstration, and Related
                                                 Business Information (CBI) or other                        1 For a detailed explanation of the calculation of   Requirements for Ozone Nonattainment Areas
                                                 information whose disclosure is                          the 3-year 8-hour average, see 40 CFR part 50,         Meeting the Ozone National Ambient Air Quality
                                                 restricted by statute. Multimedia                        appendix I.                                            Standard’’ (May 10, 1995).



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                                                                                   Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Proposed Rules                                                      34507

                                                 0.075 ppm at each monitor within the                                   recorded in the EPA Air Quality System                 requirements (see Table 1). Based on the
                                                 area, then the area is attaining the                                   (AQS).                                                 2012–2014 data from the AQS database
                                                 NAAQS. Also, the data meets the                                          EPA has reviewed the complete,                       and consistent with the requirements
                                                 regulatory completeness requirement                                    quality-assured, and certified ozone                   contained in 40 CFR part 50, EPA has
                                                 when the average percent of days with                                  ambient air monitoring data for the                    concluded that this Area attained the
                                                 valid ambient monitoring data is greater                               monitoring periods for both 2012–2014                  2008 8-hour ozone NAAQS. In addition,
                                                 than or equal to 90 percent (%), and no                                and 2015–2017 for the Jamestown Area.                  complete, quality-assured, and certified
                                                 single year has less than 75% data                                     For both monitoring periods, the design                data through the 2017 ozone season
                                                 completeness as determined in                                          values for the Jamestown monitor in                    demonstrate that the area continues to
                                                 appendix P of 40 CFR part 50. The data                                 Chautauqua County are less than or
                                                                                                                                                                               attain the standard.
                                                 must be collected and quality-assured in                               equal to 0.075 ppm, and the monitor
                                                 accordance with 40 CFR part 58, and                                    meets the data completeness

                                                                                               TABLE 1—JAMESTOWN AREA 2008 8-HOUR OZONE DESIGN VALUES
                                                                                                                                                                               2012–2014                          2015–2017
                                                                                                                                                            2012–2014                             2015–2017
                                                                                                                                                                                Average                            Average
                                                                                      County                                               Site ID         Design value                          Design value
                                                                                                                                                                              percent data                       percent data
                                                                                                                                                              (ppm)                                 (ppm)
                                                                                                                                                                             completeness                       completeness

                                                 Chautauqua ..........................................................................   36–013–0006             0.071             97               0.068            96



                                                   The data in Table 1 are available in                                 submitted to EPA for review and                           • Does not impose an information
                                                 EPA’s AQS database. The AQS report                                     approval.                                              collection burden under the provisions
                                                 with this data is available in the docket                                 Finalizing this determination would                 of the Paperwork Reduction Act (44
                                                 for this rulemaking under docket                                       not constitute a redesignation of the                  U.S.C. 3501 et seq.);
                                                 number EPA–R02–OAR–2018–0422 and                                       Jamestown Area to attainment for the                      • Is certified as not having a
                                                 available online at www.regulations.gov,                               2008 8-hour ozone NAAQS under CAA                      significant economic impact on a
                                                 docket number EPA–R02–OAR–2018–                                        section 107(d)(3). This proposed                       substantial number of small entities
                                                 0422.                                                                  determination of attainment also does                  under the Regulatory Flexibility Act (5
                                                                                                                        not involve approving any maintenance                  U.S.C. 601 et seq.);
                                                 III. Proposed Action                                                   plan for the Jamestown Area and does                      • Does not contain any unfunded
                                                                                                                        not determine that the Jamestown Area                  mandate or significantly or uniquely
                                                    EPA is proposing to make a                                                                                                 affect small governments, as described
                                                                                                                        has met all the requirements for
                                                 determination that the Jamestown Area                                                                                         in the Unfunded Mandates Reform Act
                                                                                                                        redesignation under the CAA, including
                                                 has attained the 2008 8-hour ozone                                                                                            of 1995 (Pub. L. 104–4);
                                                                                                                        that the attainment be due to permanent
                                                 NAAQS. This proposed determination
                                                                                                                        and enforceable measures. Therefore,                      • Does not have Federalism
                                                 (informally known as a Clean Data                                                                                             implications as specified in Executive
                                                                                                                        the designation status of the Jamestown
                                                 Determination) is based upon complete,                                                                                        Order 13132 (64 FR 43255, August 10,
                                                                                                                        Area will remain nonattainment for the
                                                 quality assured, and certified ambient                                                                                        1999);
                                                                                                                        2008 8-hour ozone NAAQS until such
                                                 air monitoring data that show the                                                                                                • Is not an economically significant
                                                                                                                        time as EPA takes final rulemaking
                                                 Jamestown Area has monitored                                                                                                  regulatory action based on health or
                                                                                                                        action to determine that such Area                     safety risks subject to Executive Order
                                                 attainment of the 2008 8-hour ozone                                    meets the CAA requirements for
                                                 NAAQS for the 2012–2014 and 2015–                                                                                             13045 (62 FR 19885, April 23, 1997);
                                                                                                                        redesignation to attainment. EPA is                       • Is not a significant regulatory action
                                                 2017 monitoring periods. Complete and                                  soliciting public comments on the
                                                 quality assured and certified data for                                                                                        subject to Executive Order 13211 (66 FR
                                                                                                                        issues discussed in this document.                     28355, May 22, 2001);
                                                 these periods demonstrate that the area                                These comments will be considered                         • Is not subject to requirements of
                                                 continues to attain the standard during                                before taking final action.                            section 12(d) of the National
                                                 both time periods. As provided in 40
                                                                                                                        IV. Statutory and Executive Order                      Technology Transfer and Advancement
                                                 CFR 51.918, if EPA’s determination that
                                                                                                                        Reviews                                                Act of 1995 (15 U.S.C. 272 note) because
                                                 this area has attained the 8-hour ozone
                                                                                                                                                                               application of those requirements would
                                                 standard is made final, it would                                          This action proposes to make an                     be inconsistent with the CAA; and
                                                 suspend the requirements under CAA                                     attainment determination based on air                     • Does not provide EPA with the
                                                 section 182(b)(1) for submission of a                                  quality data and would, if finalized,                  discretionary authority to address, as
                                                 reasonable further progress plan and                                   result in the suspension of certain                    appropriate, disproportionate human
                                                 ozone attainment demonstration. In                                     Federal requirements and would not                     health or environmental effects, using
                                                 addition, such a final determination                                   impose any additional requirements.                    practicable and legally permissible
                                                 would mean the requirements of CAA                                     For that reason, this action:                          methods, under Executive Order 12898
                                                 section 172(c)(9) concerning submission                                   • Is not a significant regulatory action            (59 FR 7629, February 16, 1994).
                                                 of contingency measures and any other                                  subject to review by the Office of                        In addition, the SIP is not approved
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                                                 planning SIP relating to attainment of                                 Management and Budget under                            to apply on any Indian reservation land
                                                 the 2008 8-hour ozone NAAQS shall be                                   Executive Orders 12866 (58 FR 51735,                   or in any other area where EPA or an
                                                 suspended for so long as the Jamestown                                 October 4, 1993) and 13563 (76 FR 3821,                Indian tribe has demonstrated that a
                                                 Area continues to attain the 2008 8-hour                               January 21, 2011);                                     tribe has jurisdiction. In those areas of
                                                 ozone NAAQS. Although these                                               • Is not an Executive Order 13771 (82               Indian country, the rule does not have
                                                 requirements would be suspended, EPA                                   FR 9339, February 2, 2017) regulatory                  tribal implications and will not impose
                                                 would not be precluded from acting                                     action because SIP approvals are                       substantial direct costs on tribal
                                                 upon these elements at any time if                                     exempted under Executive Order 12866;                  governments or preempt tribal law as


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                                                 34508                      Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Proposed Rules

                                                 specified by Executive Order 13175 (65                   comments. Once submitted, comments                    made available on the internet. If you
                                                 FR 67249, November 9, 2000).                             cannot be edited or removed from                      submit an electronic comment, EPA
                                                                                                          Regulations.gov. The EPA may publish                  recommends that you include your
                                                 List of Subjects in 40 CFR Part 52
                                                                                                          any comment received to its public                    name and other contact information in
                                                   Environmental protection, Air                          docket. Do not submit electronically any              the body of your comment and with any
                                                 pollution control, Incorporation by                      information you consider to be                        disk or CD–ROM you submit. If EPA
                                                 reference, Intergovernmental relations,                  Confidential Business Information (CBI)               cannot read your comment due to
                                                 Nitrogen oxides, Reporting and                           or other information whose disclosure is              technical difficulties and cannot contact
                                                 recordkeeping requirements, Volatile                     restricted by statute. Multimedia                     you for clarification, EPA may not be
                                                 organic compounds.                                       submissions (audio, video, etc.) must be              able to consider your comment.
                                                    Authority: 42 U.S.C. 7401 et seq.                     accompanied by a written comment.                     Electronic files should avoid the use of
                                                                                                          The written comment is considered the                 special characters, any form of
                                                   Dated: July 3, 2018.
                                                                                                          official comment and should include                   encryption, and be free of any defects or
                                                 Peter D. Lopez,                                                                                                viruses.
                                                                                                          discussion of all points you wish to
                                                 Regional Administrator, Region 2.                                                                                 Docket: All documents in the docket
                                                                                                          make. The EPA will generally not
                                                 [FR Doc. 2018–15623 Filed 7–20–18; 8:45 am]              consider comments or comment                          are listed in the http://
                                                 BILLING CODE 6560–50–P                                   contents located outside of the primary               www.regulations.gov index. Although
                                                                                                          submission (i.e., on the web, cloud, or               listed in the index, some information is
                                                                                                          other file sharing system). For                       not publicly available, e.g., CBI or other
                                                 ENVIRONMENTAL PROTECTION                                 additional submission methods, the full               information whose disclosure is
                                                 AGENCY                                                   EPA public comment policy,                            restricted by statute. Certain other
                                                                                                          information about CBI or multimedia                   material, such as copyrighted material,
                                                 40 CFR Part 300                                                                                                will be publicly available only in the
                                                                                                          submissions, and general guidance on
                                                 [EPA–HQ–SFUND–1989–0011; FRL–9981–                       making effective comments, please visit               hard copy. Publicly available docket
                                                 00—Region 1]                                             http://www2.epa.gov/dockets/                          materials are available either
                                                                                                          commenting-epa-dockets.                               electronically in http://
                                                 National Oil and Hazardous                                  • Email: connelly.terry@epa.gov or                 www.regulations.gov or in hard copy at:
                                                 Substances Pollution Contingency                         purnell.zanetta@epa.gov.                                 U.S. EPA Region 1, Superfund
                                                 Plan; National Priorities List: Deletion                    • Mail:                                            Records Center, 5 Post Office Square,
                                                 of the Union Chemical Co., Inc.                                                                                Suite 100, Boston, MA 02109, Phone:
                                                                                                          Terrence Connelly, U.S. EPA, 5 Post
                                                 Superfund Site                                                                                                 617–918–1440, Monday– Friday: 9:00
                                                                                                             Office Square, Suite 100, Mail Code
                                                 AGENCY:  Environmental Protection                           OSSR 07–1, Boston, MA 02109–3912                   a.m.–5:00 p.m., Saturday and Sunday—
                                                 Agency (EPA).                                            ZaNetta Purnell, U.S. EPA, 5 Post Office              Closed.
                                                                                                             Square, Suite 100, Mail Code OSSR                  FOR FURTHER INFORMATION CONTACT:
                                                 ACTION: Proposed rule; notice of intent.
                                                                                                             01–1, Boston, MA 02109–3912                        Terrence Connelly, Remedial Project
                                                 SUMMARY:   The Environmental Protection                     Hand delivery: U.S. EPA, 5 Post Office             Manager, U.S. Environmental Protection
                                                 Agency (EPA) Region 1 is issuing a                       Square, Suite 100, Boston, MA. Such                   Agency, Region 1, Mail Code OSSR 07–
                                                 Notice of Intent to Delete the Union                     deliveries are only accepted during the               1, 5 Post Office Square, Boston, MA
                                                 Chemical Co., Inc. Superfund Site (Site)                 Docket’s normal hours of operation, and               02109–3912, (617) 918–1373, email
                                                 located in South Hope, Maine, from the                   special arrangements should be made                   connelly.terry@epa.gov.
                                                 National Priorities List (NPL) and                       for deliveries of boxed information.                  SUPPLEMENTARY INFORMATION:
                                                 requests public comments on this                            Instructions: Direct your comments to              Table of Contents
                                                 proposed action. The NPL, promulgated                    Docket ID no. EPA–HQ–SFUND–1989–
                                                 pursuant to section 105 of the                                                                                 I. Introduction
                                                                                                          0011. EPA’s policy is that all comments               II. NPL Deletion Criteria
                                                 Comprehensive Environmental                              received will be included in the public
                                                 Response, Compensation, and Liability                                                                          III. Deletion Procedures
                                                                                                          docket without change and may be                      IV. Basis for Site Deletion
                                                 Act (CERCLA) of 1980, as amended, is                     made available online at http://
                                                 an appendix of the National Oil and                      www.regulations.gov, including any                    I. Introduction
                                                 Hazardous Substances Pollution                           personal information provided, unless                    EPA Region 1 announces its intent to
                                                 Contingency Plan (NCP). The EPA and                      the comment includes information                      delete the Union Chemical Co., Inc
                                                 the State of Maine, through the                          claimed to be Confidential Business                   Superfund Site (Site) from the National
                                                 Department of Environmental Protection                   Information (CBI) or other information                Priorities List (NPL) and requests public
                                                 (MEDEP), have determined that all                        whose disclosure is restricted by statute.            comment on this proposed action. The
                                                 appropriate response actions under                       Do not submit information that you                    NPL constitutes Appendix B of 40 CFR
                                                 CERCLA, other than operation and                         consider to be CBI or otherwise                       part 300 which is the National Oil and
                                                 maintenance, monitoring and Five-Year                    protected through http://                             Hazardous Substances Pollution
                                                 Reviews, have been completed.                            www.regulations.gov or email. The                     Contingency Plan (NCP), which EPA
                                                 However, this deletion does not                          http://www.regulations.gov website is                 promulgated pursuant to section 105 of
                                                 preclude future actions under                            an ‘‘anonymous access’’ system, which                 the Comprehensive Environmental
                                                 Superfund.                                               means EPA will not know your identity                 Response, Compensation and Liability
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 DATES: Comments must be received by                      or contact information unless you                     Act (CERCLA) of 1980, as amended.
                                                 August 20, 2018.                                         provide it in the body of your comment.               EPA maintains the NPL as the list of
                                                 ADDRESSES: Submit your comments,                         If you send an email comment directly                 sites that appear to present a significant
                                                 identified by Docket ID no. EPA–HQ–                      to EPA without going through http://                  risk to public health, welfare, or the
                                                 SFUND–1989–0011, by one of the                           www.regulations.gov, your email                       environment. Sites on the NPL may be
                                                 following methods:                                       address will be automatically captured                the subject of remedial actions financed
                                                   • http://www.regulations.gov. Follow                   and included as part of the comment                   by the Hazardous Substance Superfund
                                                 the on-line instructions for submitting                  that is placed in the public docket and               (Fund). As described in 40 CFR


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Document Created: 2018-07-20 01:18:17
Document Modified: 2018-07-20 01:18:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before August 20, 2018.
ContactKirk J. Wieber, (212) 637-3381, or by email at [email protected]
FR Citation83 FR 34506 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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