[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Proposed Rules]
[Pages 651-653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00024]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2017-0548; FRL-9972-84-OAR]


EPA Responses to Certain State Designation Recommendations for 
the 2015 Ozone National Ambient Air Quality Standards: Notice of 
Availability and Public Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of availability and public comment period.

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SUMMARY: Notice is hereby given that the Environmental Protection 
Agency (EPA) has posted on our public electronic docket and internet 
website responses to certain state and tribal area designation 
recommendations for the 2015 Ozone National Ambient Air Quality 
Standards (NAAQS) (2015 Ozone NAAQS). These responses include our 
intended designations for the affected areas. 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 
responses directly to the states and tribes on or about December 20, 
2017. The EPA intends to make final designation determinations for the 
areas of the country addressed by these responses no earlier than 120 
days from the date the EPA notified states and tribes of the agency's 
intended designations.

DATES: Comments must be received on or before February 5, 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 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 
[email protected]. The EPA contacts listed at the beginning of the 
SUPPLEMENTARY INFORMATION can answer questions regarding areas in a 
particular EPA Regional office.

SUPPLEMENTARY INFORMATION:
    Regional Office Contacts:

Region I--Richard Burkhart (617) 918-1664
Region II--Omar Hammad (212) 637-3347
Region III--Maria Pino (215) 814-2181
Region IV--Jane Spann (404) 562-9029
Region V--Kathleen D'Agostino (312) 886-1767
Region VI--Carrie Paige (214) 665-6521
Region VII--Lachala Kemp (913) 551-7214
Region VIII--Chris Dresser (303) 312-6385
Region IX--Laura Lawrence (415) 972-3407
Region X--Karl Pepple (206) 553-1778

    The public may inspect the recommendations from the states and 
tribes, our recent letters notifying the affected states and tribes of 
our intended designations, and area-specific technical support 
information at the following locations:

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                    Regional offices                                              States
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Dave Conroy, Chief, Air Programs Branch, EPA New         Connecticut, Maine, Massachusetts, New Hampshire, Rhode
 England, 1 Congress Street, Suite 1100, Boston, MA       Island, and Vermont.
 02114-2023, (617) 918-1661.
Richard Ruvo, Chief, Air Programs Branch, EPA Region     New Jersey, New York, Puerto Rico, and Virgin Islands.
 II, 290 Broadway, 25th Floor, New York, NY 10007-1866,
 (212) 637-4014.
Cynthia H. Stahl, Acting Associate Director, Office of   Delaware, District of Columbia, Maryland, Pennsylvania,
 Air Program Planning, EPA Region III, 1650 Arch          Virginia, and West Virginia.
 Street, Philadelphia, PA 19103-2187, (215) 814-2180.
R. Scott Davis, Chief, Air Planning Branch, EPA Region   Alabama, Florida, Georgia, Kentucky, Mississippi, North
 IV, Sam Nunn Atlanta Federal Center, 61 Forsyth Street   Carolina, South Carolina, and Tennessee.
 SW, 12th Floor, Atlanta, GA 30303, (404) 562-9127.
John Mooney, Chief, Air Programs Branch, EPA Region V,   Illinois, Indiana, Michigan, Minnesota, Ohio, and
 77 West Jackson Street, Chicago, IL 60604, (312) 886-    Wisconsin.
 6043.
Alan Shar, Acting Chief, Air Planning Section, EPA       Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
 Region VI, 1445 Ross Avenue, Dallas, TX 75202, (214)
 665-6691.
Mike Jay, Chief, Air Programs Branch, EPA Region VII,    Iowa, Kansas, Missouri, and Nebraska.
 11201 Renner Blvd., Lenexa, KS 66129, (913) 551-7460.
Monica Morales, Air Program Director, EPA Region VIII,   Colorado, Montana, North Dakota, South Dakota, Utah,
 1595 Wynkoop Street, Denver, CO 80202-1129, (303) 312-   and Wyoming.
 6936.
Doris Lo, Air Planning Office, EPA Region IX, 75         American Samoa, Arizona, California, Guam, Hawaii,
 Hawthorne Street, San Francisco, CA 94105, (415) 972-    Nevada, Northern Mariana Islands, Navajo Nation, and
 3959.                                                    the Hopi Tribe.

[[Page 652]]

 
Debra Suzuki, Manager, State and Tribal Air Programs,    Alaska, Idaho, Oregon, and Washington.
 EPA Region X, Office of Air, Waste, and Toxics, Mail
 Code OAQ-107, 1200 Sixth Avenue, Seattle, WA 98101,
 (206) 553-0985.
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    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.

I. What is the purpose of this action?

    The purpose of this notice of availability is to solicit input from 
interested parties other than states and tribes on the EPA's recent 
responses to the state and tribal designation recommendations for the 
2015 Ozone NAAQS. These responses, and their 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.
    This current action provides the EPA's intended designation of all 
remaining undesignated areas. 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 remaining recommended designations.\1\ While 
the EPA is in agreement with the recommendations for most areas, the 
EPA indicated that in some instances it intended to modify a state or 
tribal recommends. States and tribes have the opportunity during the 
120-day process to provide additional information for the EPA to 
consider in making the final designation decisions. We stand ready to 
assist and hope to resolve any differences regarding the proper 
designation for all remaining areas within the 120-day process provided 
by the CAA.
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    \1\ Note that the EPA completed the area designations for the 
U.S. territories of American Samoa, Guam, Northern Mariana Islands, 
Puerto Rico and the U.S. Virgin Islands in the November 6, 2017, 
designations action.
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    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 the states and tribes to which we have sent 
notification letters, on the EPA's recent responses to the designation 
recommendations for the 2015 Ozone NAAQS. These responses, and their 
supporting technical analyses, 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 for these 
areas with respect to the 2015 Ozone NAAQS in order to gather 
additional information for the EPA to consider before making final 
designations for the specific areas addressed in the EPA's recent 
letters to states and tribes. The EPA invites public input on our 
responses to states and tribes regarding these areas 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 
February 5, 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 ADDRESSES 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

[[Page 653]]

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.
    The EPA intends to complete designations for all of the areas 
addressed in the responses to the states and tribes no later than April 
30, 2018. This would complete the designation process for the 2015 
Ozone NAAQS.

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: Tiffany 
Purifoy, 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 [email protected], 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: December 21, 2017.
Peter Tsirigotis,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2018-00024 Filed 1-4-18; 8:45 am]
 BILLING CODE 6560-50-P