[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Rules and Regulations]
[Pages 2936-2937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-349]



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Part II





Environmental Protection Agency





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40 CFR Parts 50, 58 and 81



Ozone National Ambient Air Quality Standards; Final Rule and Proposed 
Rule

  Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / 
Rules and Regulations  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2009-0476; FRL-9102-2]


Extension of Deadline for Promulgating Designations for the 2008 
Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of deadline for promulgating designations.

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SUMMARY: EPA is announcing that it is using its authority under the 
Clean Air Act (CAA) to extend by 1 year the deadline for promulgating 
initial area designations for the ozone national ambient air quality 
standards (NAAQS) that were promulgated in March 2008. The new deadline 
is March 12, 2011.

DATES: The deadline for EPA to promulgate designations for the 2008 
ozone NAAQS is March 12, 2011.

FOR FURTHER INFORMATION CONTACT: For questions regarding this action, 
contact Carla Oldham, Air Quality Planning Division, Office of Air 
Quality Planning and Standards, Mail Code C539-04, Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: 919-541-3347; fax number: 919-541-0824; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: This preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
II. Background
    A. Designations Requirements
    B. Reconsideration of the 2008 Ozone NAAQS
III. Extension of Deadline for Promulgating Designations for the 
2008 NAAQS

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this action include state, local, 
and tribal governments that would participate in the initial area 
designation process for the 2008 ozone standards.

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

    EPA has established a docket for designations for the 2008 ozone 
NAAQS under Docket ID No. EPA-HQ-OAR-2009-0476. All documents in the 
docket are listed in the www.regulations.gov index. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC, 
EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the EPA 
Docket Center is (202) 566-1742.
    An electronic copy of this notice is also available at http://www.epa.gov/ozonedesignations.

II. Background

A. Designations Requirements

    On March 12, 2008, EPA promulgated revised 8-hour primary and 
secondary ozone NAAQS (73 FR 16436; March 27, 2008). The primary 
standard was lowered from 0.08 parts per million (ppm) to a level of 
0.075 ppm. EPA also lowered the secondary standard by making it 
identical in all respects to the revised primary standard. (The 
previous ozone NAAQS were set in 1997 and remain effective.)
    After EPA establishes or revises a NAAQS pursuant to CAA section 
109, the CAA directs EPA and the states to begin taking steps to ensure 
that those NAAQS are met. The first step is to identify areas of the 
country that do not meet the new or revised NAAQS. This step is known 
as the initial area designations. Section 107(d)(1) of the CAA provides 
that, ``By such date as the Administrator may reasonably require, but 
not later than 1 year after promulgation of a new or revised national 
ambient air quality standard for any pollutant under section 109, the 
Governor of each state shall * * * submit to the Administrator a list 
of all areas (or portions thereof) in the state'' that designates those 
areas as nonattainment, attainment, or unclassifiable. The CAA defines 
an area as nonattainment if it is violating the NAAQS or if it is 
contributing to a violation in a nearby area. (CAA section 
107(d)(1)(A)(i).)
    The CAA further provides, ``Upon promulgation or revision of a 
national ambient air quality standard, the Administrator shall 
promulgate the designations of all areas (or portions thereof) * * * as 
expeditiously as practicable, but in no case later than 2 years from 
the date of promulgation of the new or revised national ambient air 
quality standard. Such period may be extended for up to 1 year in the 
event the Administrator has insufficient information to promulgate the 
designations.'' (CAA section 107(d)(1)(B).)
    After the states submit their recommendations, but no later than 
120 days prior to promulgating designations, EPA is required to notify 
a state of any intended modifications to the state's recommended 
designation. The state then has an opportunity to demonstrate why any 
proposed modification is inappropriate. Whether or not a state provides 
a recommendation, EPA must promulgate the designation that the Agency 
deems appropriate within two years of promulgation of the NAAQS (or 
within three years if EPA extends the deadline).
    For the March 2008 ozone NAAQS, the deadline for states to submit 
designation recommendations to EPA for their areas was March 12, 2009. 
EPA has been evaluating these recommendations and conducting additional 
analyses to determine whether it is necessary to modify any of the 
state recommendations. EPA was originally intending to complete the 
initial designations for the 2008 ozone NAAQS on a 2-year schedule, by 
March 12, 2010.

B. Reconsideration of the 2008 Ozone NAAQS

    On September 16, 2009, the EPA Administrator announced that EPA 
would take rulemaking action to reconsider the 2008 primary and 
secondary ozone NAAQS to ensure the standards satisfy the CAA. The EPA 
stated that it would sign the ozone NAAQS reconsideration proposed rule 
by December 21, 2009, and would sign the ozone NAAQS reconsideration 
final rule by August 31, 2010. In addition, EPA indicated it would work 
with states to accelerate the area designations process and the 
timeframe for submission of attainment demonstration state 
implementation plans for any new standards promulgated in 2010 as a 
result of the reconsideration. This would limit delays associated with 
implementing any new standards.
    In a separate rulemaking action, which is being published 
simultaneous with this announcement, EPA is proposing to set different 
primary and secondary standards than those set in 2008 to provide 
requisite protection of public health and welfare, respectively (Ozone 
NAAQS Reconsideration Proposal). In that Ozone NAAQS Reconsideration 
Proposal, EPA is proposing that the level of the 8-hour

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primary standard, which was set at 0.075 ppm in the 2008 final rule, 
should instead be set at a lower level to provide increased protection 
for children and other ``at risk'' populations against an array of 
ozone-related adverse health effects that range from decreased lung 
function and increased respiratory symptoms to serious indicators of 
respiratory morbidity.
    Additionally, in the Ozone NAAQS Reconsideration Proposal, EPA is 
proposing that the secondary ozone standard should be a cumulative, 
seasonal standard. Such a standard would provide increased protection 
against ozone-related adverse impacts on vegetation and forested 
ecosystems in comparison to the secondary standard promulgated in the 
2008 NAAQS final rule, which was identical to the revised primary 
standard.

III. Extension of Deadline for Promulgating Designations for the 2008 
NAAQS

    As discussed above, in the Ozone NAAQS Reconsideration Proposal, 
EPA proposed to set primary and secondary ozone NAAQS that are 
different from and more protective than those promulgated in 2008. EPA 
intends to issue the final Ozone NAAQS Reconsideration Rule by August 
31, 2010. If, as proposed, EPA promulgates ozone NAAQS in 2010 that 
differ from those promulgated in 2008, any requirements to designate 
areas and implement the 2008 ozone NAAQS would no longer apply. Because 
the ozone NAAQS reconsideration rulemaking action is a reconsideration 
of the 2008 ozone NAAQS, rather than a new periodic NAAQS review under 
CAA section 109(d)(1), a decision to promulgate different standards 
would result in a full replacement of the 2008 ozone NAAQS.\1\ In other 
words, if as proposed, EPA concludes in the final Ozone NAAQS 
Reconsideration rulemaking that the 2008 ozone standards are not 
requisite to protect public health and welfare and promulgates 
different ozone standards, there would be no obligation to implement 
the 2008 ozone standards, which the final rule would have determined to 
be invalid. In this case, the designations process for the 2008 
standards would be terminated. Pursuant to the CAA, states and EPA 
would then begin a new designations process for the newly promulgated 
ozone standards.
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    \1\ EPA's action to reconsider the 2008 NAAQS is different than 
conducting a new ``review and revise, as appropriate'' action that 
CAA section 109(d)(1) requires EPA to take periodically. Under that 
statutory obligation, EPA considers the current state of knowledge, 
including new scientific information that has become available since 
promulgation of the most recent standard to consider whether the 
standard should be revised. Unlike a new periodic review, in this 
case, EPA is reconsidering the basic validity and appropriateness of 
the 2008 decision to promulgate the primary and secondary standards, 
restricting itself to consideration of the same scientific 
information that was before EPA when it adopted the 2008 standards. 
In a new periodic review, EPA evaluates the current state of 
knowledge, including more recent scientific information, and makes a 
new judgment about what standard is appropriate to protect public 
health (primary standard) and welfare (secondary standard) in light 
of the then current state of information. In that case, EPA would be 
required to address whether and how the implementation requirements 
for the replaced standard should continue to apply, see e.g., CAA 
section 172(e).
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    Because of the significant uncertainty that the Ozone NAAQS 
Reconsideration Proposal creates regarding the continued applicability 
of the 2008 NAAQS, EPA has determined that there is insufficient 
information at this time to promulgate designations. Therefore, in this 
action, EPA is announcing that it is using its authority under section 
107(d)(1)(B) of the CAA to extend by 1 year the deadline for 
promulgating initial area designations for the March 2008 ozone NAAQS. 
The new deadline is March 12, 2011. Extending the deadline for 
promulgating designations until March 12, 2011, will allow EPA to 
complete the Ozone NAAQS Reconsideration rulemaking before determining 
whether it is necessary to complete action to finalize designations for 
the 2008 ozone NAAQS or, instead, whether it is necessary to begin the 
designations process for different NAAQS promulgated pursuant to the 
reconsideration. If EPA does not timely complete its reconsideration of 
the 2008 ozone NAAQS, EPA will move forward to complete designations 
for the 2008 standards no later than March 12, 2011 pursuant to the 
designations recommendations that states have already submitted to EPA 
for the 2008 standards.
    On September 16, 2009, when the EPA Administrator announced her 
decision to reconsider the 2008 ozone NAAQS, the Agency also stated its 
intention to accelerate the designations process for any 2010 ozone 
NAAQS resulting from the reconsideration.
    EPA has proposed the designations schedule for any 2010 ozone NAAQS 
as part of the Ozone NAAQS Reconsideration rulemaking action.

List of Subjects in 40 CFR Part 81

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

    Dated: January 6, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-349 Filed 1-15-10; 8:45 am]
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