[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Notices]
[Pages 79012-79014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26872]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2020-0415; FRL-10016-00-OAR]


Proposed Information Collection Request; Comment Request; 
Implementation of the 8-Hour National Ambient Air Quality Standards for 
Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is planning to 
submit a renewal of an information collection request (ICR), 
``Implementation of the 8-hour National Ambient Air Quality Standards 
for Ozone: State Implementation Plan Requirements'' (EPA ICR No. 
2347.04, OMB Control No. 2060-0695), to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act (PRA) (44 U.S.C. 3501 et seq.). This renewal provides 
updated burden estimates for the 2021-2024 time period for implementing 
the 2008 ozone National Ambient Air Quality Standards (NAAQS), and it 
provides new burden estimates for the information collection resulting 
from implementation of the 2015 ozone NAAQS. It also provides new 
burden estimates for the information collection resulting from ongoing 
implementation of the revoked 1997 ozone NAAQS. Before submittal to 
OMB, the EPA is soliciting public comments on specific aspects of the 
proposed information collection as described below. The time period 
covered in this ICR renewal is a 3-year period from April 2021 through 
April 2024. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number.

DATES: Comments must be submitted on or before February 8, 2021.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2020-0415, online using http://www.regulations.gov (our preferred 
method), or by mail to: EPA Docket Center, Environmental Protection 
Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 
20460.
    Out of an abundance of caution for members of the public and our 
staff, the EPA Docket Center and Reading Room are closed to the public, 
with limited exceptions, to reduce the risk of transmitting COVID-19. 
Our Docket Center staff will continue to provide remote customer 
service via email, phone, and webform. We encourage the public to 
submit comments via https://www.regulations.gov/ or email, as there may 
be a delay in processing mail and faxes. Hand deliveries and couriers 
may be received by scheduled appointment only. For further information 
on EPA Docket Center services and the current status, please visit us 
online at https://www.epa.gov/dockets.
    The EPA's policy is that all comments received will be included in 
the public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information, or other information 
whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Mr. C.W. Stackhouse, Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
by phone at (919) 541-5208 or by email at [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at http://www.regulations.gov, or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Avenue NW, Washington, DC. The telephone 
number for the Docket Center is (202) 566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting 
comments and information to enable it to: (i) Evaluate whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information will have practical utility; (ii) evaluate the accuracy of 
the agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (iii) enhance the quality, utility, and clarity of the 
information to be collected; and (iv) minimize the burden of the 
collection of information on those who are to respond, including 
through the use of appropriate automated electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses. The 
EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval. At that time, the EPA will issue another Federal 
Register notice to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. An agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.
    Abstract: Currently, the EPA has an existing OMB-approved ICR that 
estimates the burden on states and EPA for implementation-related 
activities associated with the 2008 ozone NAAQS for the period February 
2018 to April 2021. States with nonattainment areas for the 2008 ozone 
NAAQS are implementing the NAAQS pursuant to the CAA and implementation 
regulations issued for that NAAQS.\1\ The state activities include, but 
are not limited to, developing and submitting attainment 
demonstrations, reasonable further progress plans, and reasonably

[[Page 79013]]

available control technology (RACT) determinations. This proposed ICR 
renewal estimates the burden for states to meet the ongoing planning 
requirements that apply to their remaining nonattainment areas for the 
2008 ozone NAAQS over the period April 2021 to April 2024. These 
requirements primarily affect 2008 ozone NAAQS nonattainment areas that 
may fail to attain the NAAQS by their attainment date during this time 
period and be reclassified to a higher classification with new SIP 
revisions required from the states.
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    \1\ See 77 FR 30160, ``Implementation of the 2008 National 
Ambient Air Quality Standards for Ozone: Nonattainment Area 
Classifications Approach, Attainment Deadlines and Revocation of the 
1997 Ozone Standards for Transportation Conformity Purposes,'' and 
80 FR 12264, ``Implementation of the 2008 National Ambient Air 
Quality Standards for Ozone: State Implementation Plan 
Requirements.''
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    In addition, this ICR renewal includes a new burden estimate for 
state and EPA activities related to implementing the 2015 8-hour ozone 
standard, promulgated on October 1, 2015. The two rules governing the 
implementation of that NAAQS, addressing classification of ozone 
nonattainment areas and the development of State Implementation Plans 
(SIPs) and other important implementation issues, provide clarity and 
certainty to states regarding their planning obligations for the 2015 
8-hour NAAQS.\2\ This proposed ICR estimates the burden for states to 
implement the 2015 ozone NAAQS based on the classification of the ozone 
nonattainment areas lying within those states, as well as for states in 
the Ozone Transport Region (OTR).
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    \2\ See 83 FR 10376, ``Implementation of the 2015 National 
Ambient Air Quality Standards for Ozone: Nonattainment Area 
Classifications Approach,'' and 83 FR 62998, ``Implementation of the 
2015 National Ambient Air Quality Standards for Ozone: Nonattainment 
Area State Implementation Plan Requirements.''
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    Finally, this ICR renewal estimates a small amount of additional 
burden to states to meet the anti-backsliding requirements for the 
revoked 1997 NAAQS.
    This proposed ICR thus estimates the implementation-related burden 
for states over the 3 years following the ICR approval date for all 
three 8-hour ozone NAAQS. The burden estimate for the 2008 NAAQS 
accounts for nine nonattainment areas currently classified as Serious 
that could be reclassified to Severe-15, and thus subject to additional 
attainment planning requirements, if the areas fail to attain the NAAQS 
by the July 20, 2021, attainment date. Such Severe area SIPs will be 
due within 12-24 months from the date of reclassification, which would 
be during the reporting period for this ICR. The burden estimate for 
the 2015 NAAQS is associated with plan development and plan revisions 
related to states' implementation efforts for 52 nonattainment areas, 
the majority of which were classified as Marginal, and assumes that 28 
Marginal areas will fail to attain the 2015 NAAQS by the August 3, 2021 
attainment date and thus will be subject to reclassification to 
Moderate and the SIP revisions required for Moderate areas. The burden 
estimate also accounts for meeting the planning requirements for the 12 
states and the District of Columbia in the OTR, where the primary 
obligation for the 2015 NAAQS is to determine if the RACT requirement 
is satisfied by the previously approved SIP. The burden estimate for 
the 1997 NAAQS includes states developing and submitting the second 
maintenance plans required 8 years after the effective date of the 
first maintenance plans' final approval by EPA for areas redesignated 
from nonattainment to attainment. It is worth noting that in some 
cases, states will be implementing the 2008, 2015, and/or 1997 ozone 
NAAQS in the same areas concurrently during the 3-year ICR renewal 
period. The cumulative burden of states simultaneously implementing 
multiple NAAQS is reflected in this proposed ICR.
    The estimates included in this ICR renewal include both the state 
burden to develop and submit, and the EPA burden to review and to 
approve or disapprove, attainment plans to meet the requirements 
prescribed in CAA sections 110 and part D, subparts 1 and 2 of title I 
as interpreted by EPA's SIP requirements rules. An ozone NAAQS 
attainment plan contains state rules and other measures designed to 
improve air quality and achieve the NAAQS by the deadlines established 
under the CAA. It also must address several additional CAA requirements 
related to demonstrating timely attainment, and must contain 
contingency measures in the event the nonattainment area does not 
achieve reasonable further progress throughout the attainment period or 
in the event the area does not attain the NAAQS by its attainment date. 
States that have attained by the applicable attainment date may be 
eligible to submit a redesignation request and maintenance plan to 
receive a redesignation from ``nonattainment'' to ``attainment.'' After 
a state submits an attainment or maintenance plan, the CAA requires the 
EPA to approve or disapprove the plan. Tribes may develop or submit 
attainment plans but are not required to do so.
    The original ozone ICR No. 2347.01 that applied to the 2008 8-hour 
ozone NAAQS was issued after the ozone NAAQS was revised in 2012. The 
original ICR was renewed as No. 2347.02 for the period February 1, 2015 
through January 31, 2018. The ICR No. 2347.02 was renewed in ICR No. 
2347.03 for time period covered from February 1, 2018, through April 
30, 2021. The ICR No. 2347.01 and the renewals applied to the 2008 8-
hour ozone NAAQS before the ozone NAAQS was revised in 2015. This 
proposed ICR renewal adds the burden of implementing the 2015 8-hour 
ozone NAAQS and also continues to address any new requirements for the 
remaining 2008 ozone nonattainment areas. It also includes the 
estimated burden for a small number of areas subject to ongoing 
requirements to implement the revoked 1997 ozone NAAQS. This ICR will 
be effective from April 30, 2021 to April 30, 2024.
    Respondents/affected entities: State and local governments.
    Respondent's obligation to respond: Mandatory.
    Estimated number of responses: 96.
    Frequency of response: Once per triggering event [e.g., an air 
agency is required to revise and submit a SIP revision when the area is 
designated nonattainment or reclassified to a higher classification, or 
if it is in an OTR member state to determine if RACT is satisfied by 
the previously-approved state SIP. An air agency is also required to 
submit a second 10-year maintenance plan for maintenance areas or 
portions of maintenance areas for the 1997 ozone NAAQS not also 
designated as nonattainment for the 2008 ozone NAAQS, and for 
maintenance areas for the 2008 ozone NAAQS].
    Estimated burden for respondents: 119,133 hours per year. Burden is 
defined at 5 CFR 1320.03(b).
    Estimated labor cost for respondents: $8.4 M (present value) per 
year.
    Estimated cost: $0 annualized capital or operation & maintenance 
costs.
    Changes in estimates: The EPA expects an increase of 85,133 annual 
labor hours in the total estimated respondent burden compared with the 
ICR currently approved by OMB. This increase is due to the activities 
expected to occur during this period, which are similar but not 
identical to the SIP planning and submission activities in the previous 
ICR renewal period. As explained in greater detail below, the main 
factors contributing to the change include: (1) The addition of the new 
burden associated with the requirements for 2015 ozone NAAQS 
nonattainment areas and 1997 ozone NAAQS maintenance areas, which was 
not covered by the prior ICR, (2) the reduction in the number of 2008 
ozone NAAQS nonattainment areas due to states' relative success in 
attaining the 2008 NAAQS, and (3) the increase in burden associated 
with the particular stage of the 2008 ozone implementation

[[Page 79014]]

program that areas still in nonattainment for the 2008 NAAQS are in. In 
total, the EPA estimates there to be an additional burden of 357,400 
hours for the state respondents over the 3-year period compared to the 
102,000 hours during the period of the current renewal of the 8-hour 
ozone NAAQS ICR currently approved by OMB (EPA ICR No. 2247.03).
    The main reason for the increase is the addition of the burden to 
implement the 2015 NAAQS in accordance with the 2015 ozone SIP 
Requirements rule, which requires submissions from air agencies for 52 
nonattainment areas. In contrast, only 13 submissions are expected from 
air agencies to meet ongoing requirements for the 2008 ozone NAAQS 
during the ICR renewal period. Moreover, 28 of the 2015 ozone 
nonattainment areas are expected not to attain by the 2015 ozone NAAQS 
Marginal attainment date based on preliminary 2020 air quality data. 
The burden estimate is based on the 5,000 hours needed to meet SIP 
submittal requirements that result from an area being reclassified from 
Marginal to Moderate during the ICR 3-year period.
    The 2008 ozone NAAQS burden does not significantly change. However, 
while there are fewer 2008 nonattainment areas now that might require 
reclassification than in the prior ICR period (13 versus 14) due to 
states' progress toward attainment, the anticipated reclassification of 
these nine areas to Severe will trigger submittal requirements during 
the upcoming period. An additional minor difference in burden is that 
previous ozone ICRs did not include the burden estimate included here 
for the states in the OTR to certify the current state SIPs meets the 
CAA section 184(b)(1)(B) RACT requirements.
    Another additional minor difference in burden is that previous 
ozone ICRs did not include the burden estimate that is included here 
for the second maintenance plans required from states for four 1997 
ozone maintenance areas and three 2008 ozone maintenance areas due 8 
years after the effective date of the first maintenance plans' final 
approval by EPA.
    Finally, the cost estimates differ because the current ICR renewal 
was based on estimates calculated using 2017 dollars and the new ICR 
renewal is based on 2020 dollars. The burden estimate is detailed in 
the supporting statement located in the docket for this proposed ICR. 
The adjustments to the cost assumptions are summarized in sections 6(b) 
and 6(c) of the supporting statement.

    Dated: October 19, 2020.
Scott Mathias,
Director, Air Quality Policy Division.
[FR Doc. 2020-26872 Filed 12-7-20; 8:45 am]
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