[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Rules and Regulations]
[Pages 10376-10383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04810]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[EPA-HQ-OAR-2016-0202; FRL-9975-23-OAR]
RIN 2060-AT41
Implementation of the 2015 National Ambient Air Quality Standards
for Ozone: Nonattainment Area Classifications Approach
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this final rule, the EPA is establishing the air quality
thresholds that define the classifications assigned to all
nonattainment areas for the 2015 ozone national ambient air quality
standards (NAAQS) (the ``2015 ozone NAAQS'') promulgated on October 1,
2015. This final rule also establishes the timing of attainment dates
for each nonattainment area classification.
DATES: This final rule is effective on May 8, 2018.
ADDRESSES: The EPA has established a docket for this action, identified
by Docket ID No. EPA-HQ-OAR-2016-0202. All documents in the docket are
listed in the http://www.regulations.gov website. Although listed in
the index, some information may not be publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy. Publicly available docket materials are available
electronically in http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For further general information on
this rule, contact Mr. Robert Lingard, Office of Air Quality Planning
and Standards (OAQPS), Air Quality Policy Division, U.S. EPA, Mailcode
539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; by
telephone at (919) 541-5272; or by email at [email protected]; or
Mr. Butch Stackhouse, OAQPS, Air Quality Policy Division, U.S. EPA,
Mailcode 539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC
27711; by telephone at (919) 541-5208; or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially affected directly by this final rule include
state, local and tribal governments and air pollution control agencies
(air agencies) responsible for attainment and maintenance of the ozone
NAAQS. Entities potentially affected indirectly by this proposed rule
as regulated sources include owners and operators of sources of
emissions of volatile organic compounds (VOCs) and nitrogen oxides
(NOX) that contribute to ground-level ozone formation.
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this Federal Register document will be posted at http://www.epa.gov/ozone-pollution.
C. How is this document organized?
The information presented in this document is organized as follows:
I. General Information
A. Does this action apply to me?
[[Page 10377]]
B. Where can I get a copy of this document and other related
information?
C. How is this document organized?
II. Background
III. Application of Classification Provisions in CAA Section 181 to
Nonattainment Areas Subject to Subpart 2 of Part D of Title I of the
CAA
A. Background and Summary of the Proposal
B. Brief Summary of Comments on the Proposed Rule and the EPA's
Responses
C. Final Action
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
M. Judicial Review
VI. Statutory Authority
II. Background
On October 1, 2015,\1\ the EPA promulgated a rule that revised the
primary and secondary 8-hour NAAQS for ozone to a level of 0.070 parts
per million (ppm).\2\ \3\ Revisions to the ozone NAAQS trigger a
process set forth in section 107 of the Clean Air Act (CAA or Act), in
which states recommend area designations (i.e., as nonattainment,
attainment, or unclassifiable with respect to the revised standards) to
the EPA, and the EPA then evaluates air quality data and other factors
prior to making final area designations. In accordance with CAA section
181(a)(1), an area designated as nonattainment for a revised ozone
NAAQS must be classified, at the time of designation, as Marginal,
Moderate, Serious, Severe or Extreme, depending on the severity of the
ozone air quality problem in that nonattainment area.
---------------------------------------------------------------------------
\1\ See 80 FR 65292 (October 26, 2015).
\2\ Compliance with the NAAQS is computed based on the annual
fourth highest daily maximum 8-hour average concentration, averaged
over 3 years. For a detailed explanation of the calculation of the
3-year 8-hour average, see 40 CFR part 50, appendix P.
\3\ Since the 2015 primary and secondary NAAQS for ozone are
identical, for convenience, we refer to both as ``the 2015 ozone
NAAQS'' or ``the 2015 ozone standards.''
---------------------------------------------------------------------------
On November 17, 2016, the EPA proposed a set of nonattainment area
classification thresholds and associated attainment dates, as well as
other NAAQS implementation-related provisions including submittal
deadlines and specific CAA requirements for the content of
nonattainment area and Ozone Transport Region state implementation
plans (SIPs), for the 2015 ozone NAAQS (81 FR 81276). With this action,
we are finalizing the set of nonattainment area classification
thresholds and associated attainment dates, which will apply when the
EPA promulgates final nonattainment area designations for the 2015
ozone NAAQS.\4\ The public comment period on the November 17, 2016,
notice of proposed rulemaking (NPRM) (November 2016 proposal) ran from
November 17, 2016, to February 13, 2017. The EPA received approximately
80 comment submissions on the NPRM, approximately 20 of which addressed
the EPA's proposed nonattainment area classifications approach. The
preamble to this final classifications rule for the 2015 ozone NAAQS
discusses the comments received and how they were considered by the EPA
in general terms. The Response to Comments document provides more
detailed responses to the comments received. The public comments
received on the NPRM and the EPA's Response to Comment document are
posted in the docket at http://www.regulations.gov (Docket ID No. EPA-
HQ-OAR-2016-0202).
---------------------------------------------------------------------------
\4\ The EPA intends to finalize, where appropriate, the other
portions of the November 17, 2016, proposed rule in a separate
action.
---------------------------------------------------------------------------
We are taking two actions in this final rule: (1) Establishing the
air quality thresholds that define each of the five CAA classifications
for areas designated nonattainment for the 2015 ozone NAAQS; and (2)
establishing the attainment deadline associated with each
classification. The EPA also proposed in the November 2016 proposal to
apply previous voluntary reclassifications for six areas in California
to the revised 2015 ozone NAAQS. Consistent with California's most
recent request, EPA intends to finalize these voluntary
reclassifications for five areas separately with its final
nonattainment area designations for the 2015 ozone NAAQS.
III. Application of Classification Provisions in CAA Section 181 to
Nonattainment Areas Subject to Subpart 2 of Part D of Title I of the
CAA
A. Background and Summary of the Proposal
1. Background
On November 17, 2016, the EPA proposed numerical ozone air quality
thresholds for classifying nonattainment areas for the 2015 ozone NAAQS
(81 FR 81283). In accordance with CAA section 181(a)(1), each area
designated as nonattainment for the 2015 ozone NAAQS must be classified
at the time of designation. Accordingly, the EPA is finalizing
classification thresholds on or before the date that it issues final
nonattainment area designations.
Under Subpart 2 of part D of title I of the CAA, state planning and
emissions control requirements for ozone are determined, in part, by a
nonattainment area's classification. Under subpart 2, ozone
nonattainment areas are initially classified based on the severity of
their ozone levels, as determined by the area's design value (DV),\5\
relative to the lower and upper DV thresholds for each classification.
Nonattainment areas with a ``lower'' classification have ozone levels
at the time of designation that are closer to the standard than areas
with a ``higher'' classification. Ozone nonattainment areas in the
lower classification levels have fewer initial mandatory air quality
planning and control requirements than those in higher classifications.
Clean Air Act section 181 provides an increasing amount of maximum time
from the date of designation to attain the standards for the
progressively higher classifications: Marginal--3 years, Moderate--6
years, Serious--9 years, Severe--15 or 17 years, and Extreme--20 years.
---------------------------------------------------------------------------
\5\ Annual fourth highest daily maximum 8-hour average ozone
concentration, averaged over 3 years. For a detailed explanation of
the calculation of the 3-year 8-hour average, see 40 CFR part 50,
appendix P.
---------------------------------------------------------------------------
The CAA provides mechanisms for addressing nonattainment areas that
may not be able to attain by the attainment date for their
classification, or that fail to attain by that date. CAA section
181(a)(4) provides that within 90 days of designation and
classification, the Administrator may exercise discretion to reclassify
an area to a higher (or lower) classification if its DV is within 5
percent of the DV range of the higher (or lower) classification. An air
agency may also voluntarily request, pursuant to CAA section 181(b)(3),
that the EPA reclassify the area to a higher classification. The EPA
may not deny
[[Page 10378]]
and must approve any such voluntary reclassification requests. Once an
area is reclassified to a higher classification, it becomes subject to
the associated additional planning and control requirements for that
higher classification, and must attain the standard no later than the
maximum attainment date for that classification. Six nonattainment
areas in California were granted voluntary reclassifications for both
the 1997 and 2008 ozone NAAQS (77 FR 30165; May 21, 2012), which we
proposed in the November 2016 proposal to apply for the 2015 ozone
NAAQS. Finally, if the EPA determines that an area has failed to attain
the standard by the applicable attainment date, CAA section 181(b)(2)
requires EPA to reclassify that area to a higher classification (i.e.,
``bump-up'').
2. Summary of the Proposal
For purposes of the 2015 ozone NAAQS, the EPA proposed to retain
the ``percent-above-the-standard'' (PATS) methodology used to establish
area classification thresholds for the 1997 and 2008 8-hour ozone NAAQS
(81 FR 81283; November 17, 2016). As the EPA explained in our proposal,
the PATS approach is rooted in the classification thresholds
established for the ozone standard in effect at the time of the 1990
CAA amendments, which was a 1-hour exceedance-based standard of 0.12
ppm.\6\ The classification provisions in Table 1 in section 181 of
subpart 2 of the CAA (also referred to herein as the ``CAA Table 1'')
are specific to that 1-hour standard. The EPA subsequently translated
the CAA Table 1 thresholds for purposes of the revised 1997 ozone
NAAQS, which were expressed in the form of a 3-year average of annual
fourth highest daily maximum 8-hour averages.\7\ Specifically, in the
classifications rule for the 1997 8-hour ozone NAAQS, we translated the
classification thresholds in CAA Table 1 from 1-hour DVs to 8-hour DVs
based on the percentage by which each classification threshold in the
table exceeds the 1-hour ozone NAAQS (i.e., percent-above-the-standard,
or PATS).\8\ Application of the PATS classification approach for 8-hour
ozone NAAQS was challenged in litigation and upheld by the Court. See
South Coast Air Quality Management District v. Environmental Protection
Agency, 472 F.3d 882 (D.C. Cir. 2006) at 896-898. The EPA subsequently
retained the PATS approach in its final classifications rule for the
2008 8-hour ozone NAAQS.\9\
---------------------------------------------------------------------------
\6\ For additional discussion on the 1-hour ozone NAAQS and its
associated area designations and classifications, see 56 FR 56695
(November 6, 1991).
\7\ See 69 FR 23954 (April 30, 2004) and 40 CFR Appendix I.
\8\ The upper thresholds of the Marginal, Moderate, Serious and
Severe classifications are precise percentages or fractions above
the level of the standard, namely 15 percent (3/20ths more than the
standard), 33.33 percent (one-third more than the standard), 50
percent (one-half more than the standard), and 133.3 percent (one
and one-third more than the standard).
\9\ See 77 FR 30162 (May 21, 2012).
---------------------------------------------------------------------------
The EPA also proposed to retain its current approach in
establishing attainment dates for each nonattainment area
classification, consistent with CAA Table 1 and the regulatory approach
for both the 1997 and 2008 ozone NAAQS (81 FR 81285; November 17,
2016). We proposed that the maximum attainment dates for nonattainment
areas in each classification under the 2015 NAAQS are as follows:
Marginal--3 years from effective date of designation; Moderate--6 years
from effective date of designation; Serious--9 years from effective
date of designation; Severe--15 years (or 17 years) from effective date
of designation; and Extreme--20 years from effective date of
designation.
Finally, the EPA proposed to again apply previous voluntary
reclassifications for potential nonattainment areas in California to
the revised 2015 ozone NAAQS unless the state of California explicitly
requested otherwise in their comments to the November 2016 proposal (81
FR 81285).\10\ These areas included Los Angeles-South Coast Air Basin,
San Joaquin Valley, Riverside County (Coachella Valley), Sacramento
Metro, Ventura County and Western Mojave areas. We believe this is an
appropriate mechanism to address the situation for these California
areas that were voluntarily reclassified for the 1997 ozone NAAQS and
previously used this mechanism for the 2008 ozone NAAQS to ensure the
areas would have an attainment date for the revised 2015 ozone NAAQS
that is no earlier than the area's attainment date for the prior 2008
NAAQS. The EPA proposed this approach in order to minimize burden on
the state of California and obviate the need to go through the
voluntary reclassification process again.
---------------------------------------------------------------------------
\10\ Areas for which California declines voluntary
reclassification would be classified at the time of designation for
the 2015 ozone NAAQS based on their DV.
---------------------------------------------------------------------------
B. Brief Summary of Comments on the Proposed Rule and the EPA's
Responses
The EPA received approximately 20 comment submissions on its
proposed approach for establishing nonattainment area classification
thresholds for the 2015 ozone NAAQS. A majority (approximately two-
thirds) of the commenters supported adoption of the proposed PATS
approach, stating that it was consistent with the CAA as well as the
method used for classifying nonattainment areas under the 1997 and 2008
ozone NAAQS, and has been upheld in litigation. The other one-third of
comments suggested that EPA adopt a different classification approach,
as addressed more fully below and in the separate Response to Comments
document that is available in the docket for this rulemaking. The EPA
received no significant comments regarding its proposed approach in
establishing attainment dates for each nonattainment area
classification under the 2015 ozone NAAQS.
Comment: Some commenters were concerned that the proposed PATS
approach classifies too many areas as Marginal nonattainment areas, and
that some of those Marginal areas are unlikely to attain the standard
within the 3 years provided by the Act. Commenters pointed out that the
EPA's application of the PATS approach to classifications for the 2008
ozone NAAQS resulted in more than half of all Marginal areas failing to
achieve timely attainment of that NAAQS by the end of the 2014 ozone
season. Because the CAA does not require states with areas classified
as Marginal to develop attainment plans or adopt additional controls,
commenters argue that states will not impose emission reductions
necessary to timely achieve attainment and moreover that some of these
Marginal areas contribute pollution to downwind areas that have
historically struggled with attaining the NAAQS due to transported
pollution. These commenters advocated alternative classification
approaches, such as those considered by the EPA for the prior 2008
ozone NAAQS, that would adjust thresholds to classify more areas as
Moderate than the proposed PATS approach. They argue that modifying the
EPA's proposed classification approach with the result of increasing
the number of Moderate areas would impose needed emissions control
requirements, provide a longer, more realistic timeframe to attain the
ozone NAAQS, and would equitably require upwind areas that contribute
to downwind transport to implement new control measures sooner.
Response: The EPA recognizes that the nonattainment area
classification thresholds established in this action would likely
result in the vast majority of nonattainment areas being initially
classified Marginal for the 2015 ozone NAAQS, subjecting states
associated with these areas to fewer mandatory air quality planning and
control
[[Page 10379]]
requirements than would apply in higher classifications. However, as
the commenters acknowledge, the PATS approach has ``a degree of
consistency with Congressional intent'' and has withstood judicial
review. The EPA previously considered a number of alternative
approaches in establishing nonattainment area classification thresholds
for the 2008 ozone NAAQS, and commenters suggested that we reexamine
those approaches and consider adopting one here, or adopt an entirely
new alternative approach.\11\ We rejected the alternative approaches
discussed in the Background Information Document that accompanied the
classifications rule for the 2008 ozone NAAQS because we determined
that the alternative approaches would introduce more judgment and
uncertainty in the threshold determination process than contemplated by
the CAA, and, thus, posed heightened legal risk. We believe the same
considerations apply to classifications for areas designated
nonattainment for the 2015 ozone NAAQS. As discussed in the November
2016 proposal, the EPA utilized the PATS approach for classifying areas
under the 1997 and 2008 8-hour ozone NAAQS, in large part, for its
straightforward translation of the classification thresholds
established by Congress in CAA Table 1 (81 FR 81283). As noted by
commenters, the EPA's original PATS classification approach for the 8-
hour ozone NAAQS was challenged in litigation and upheld by the Court.
See South Coast Air Quality Management District v. Environmental
Protection Agency, 472 F.3d 882 (D.C. Cir. 2006) at 896-898. For these
reasons, and despite concerns raised by commenters, the EPA is
finalizing the PATS approach for classifications of the 2015 ozone
NAAQS.
---------------------------------------------------------------------------
\11\ Docket No. EPA-HQ-OAR-2010-0885 includes a Background
Information Document, titled Additional Options Considered for
Classification of Nonattainment Areas under the 2008 Ozone NAAQS
(January 2012).
---------------------------------------------------------------------------
Furthermore, the EPA disagrees that implementation of the 2008
ozone NAAQS was not in keeping with Congress' design simply because
many Marginal areas did not attain by their initial attainment
deadline. Commenters point out that more than half of all areas
originally classified as Marginal did not timely attain, but in fact
more than half of all Marginal areas did attain by their attainment
date, when attainment date extensions are included in the analysis. Of
the 36 areas originally classified as Marginal for the 2008 ozone
NAAQS, 17 attained by their original attainment date, and 6 additional
areas attained by the extended attainment dates authorized under CAA
section 181(a)(5).\12\ The EPA also does not agree with commenters'
suggestion that the EPA should adopt a different classification scheme
in order to address what they perceive as inequities in the interstate
transport of ozone pollution. The statute clearly provides other
mechanisms for states and the EPA to address interstate transport, and
the EPA has worked in partnership with states to use those mechanisms.
See, e.g., EME Homer City v. EPA, 696 F.3d 7 (D.C. Cir. 2012), reversed
by EPA v. EME Homer City, 134 S. Ct. 1584 (2014), remand addressed in
EME Homer City v. EPA, 795 F.3d 118 (D.C. Cir. 2015) (largely upholding
the EPA's framework for addressing CAA section 110(a)(2)(D) interstate
transport obligations).
---------------------------------------------------------------------------
\12\ Eight areas received 1-year extensions of the attainment
date under CAA section 181(a)(5), which Congress provided for areas
that were making good progress towards achieving the NAAQS and thus
had air quality that was just missing the standard. Of those eight
areas, two eventually failed to attain by their extended attainment
date. The other six areas attained in the year following the
original attainment date. Thus, a total of 13 original Marginal
areas failed to attain by their applicable attainment date.
---------------------------------------------------------------------------
The adopted PATS approach has withstood legal challenge and, in
classifying areas as Marginal, maximizes initial planning flexibility
for air agencies, which the EPA does not believe thwarts Congress'
intent. To the extent that states are concerned about their inability
to timely meet the Marginal attainment deadlines, the CAA provides
authority for them to voluntarily request a higher classification for
individual areas, if needed. The docket for this final action includes
a more detailed response to comments suggesting that EPA adopt an
alternative approach that would have the effect of classifying more
areas as Moderate.
Comment: Some commenters suggested that the EPA allow areas the
option to implement the 2015 ozone NAAQS under CAA section 172 (Part D,
subpart 1), which specifies the general nonattainment planning
requirements for all NAAQS pollutants.\13\ Implementing the 2015 ozone
NAAQS under CAA subpart 1 could eliminate mandatory classifications and
provide a potentially more flexible attainment timeline with fewer
prescribed control requirements.
---------------------------------------------------------------------------
\13\ Prior to the 1990 CAA Amendments, all NAAQS nonattainment
area requirements were specified in Part D, subpart 1. In the 1990
Amendments, Congress added pollutant-specific subparts containing
additional nonattainment area requirements, including subpart 2
which applies to ozone nonattainment areas.
---------------------------------------------------------------------------
Response: The EPA attempted to implement a subpart 1 approach for
some ozone nonattainment areas as part of a ``hybrid'' implementation
strategy in transitioning from the 1-hour ozone NAAQS (0.12 ppm) to the
1997 8-hour NAAQS (0.08 ppm), explaining that an area must be covered
under CAA subpart 2 if the area's current (i.e., at the time of
designation) 1-hour ozone DV was equal to or greater than 0.121 ppm,
which was the lowest 1-hour DV in CAA Table 1 (69 FR 23954; April 30,
2004--the ``Phase 1'' Rule). In South Coast, the Court rejected the
EPA's approach to placing areas solely under the nonattainment area
implementation provisions of CAA subpart 1, including the EPA's use of
the CAA Table 1 threshold for deciding which areas must be covered
under implementation of the provisions of CAA subpart 2. 472 F.3d at
892-894. The Court concluded that such a determination must be based on
the 8-hour ``equivalent'' to the 1-hour level specified in CAA Table 1,
and ruled that the level that must be used is an 8-hour level of 0.09
ppm. Id. We concur with commenters to the November 2016 proposal that
the South Coast Court left open the possibility that EPA could develop
a reasonable basis to place under CAA subpart 1 all or certain areas
with an 8-hour DV below 0.09 ppm. The EPA notes, however, that the
South Coast Court also stated in that same decision that the CAA does
not allow the requirements of CAA subpart 2 ``to be stripped away'' on
the basis that other provisions would allow attainment to be achieved
more efficiently. Id. at 894.\14\ We believe that the adopted PATS
classification thresholds approach will continue to provide states a
pathway for consistent and flexible attainment planning across
successive ozone standards and, absent a more robust legal basis, we
are not adopting a CAA subpart 1 option for implementing the 2015 ozone
NAAQS.
---------------------------------------------------------------------------
\14\ Cf. NRDC v. EPA, 706 F.3d 428 (DC Cir. 2013) (rejecting
EPA's implementation of PM2.5 under subpart 1, instead
requiring that PM2.5 be implemented under the ``specific,
more stringent, and far less discretionary'' provisions of subpart
4).
---------------------------------------------------------------------------
Comment: The California Air Resources Board (CARB) affirmed our
proposal to apply previous voluntary reclassifications for selected
nonattainment areas, with the exception of the Sacramento Metro area.
As part of their comment, CARB forwarded a request from the Sacramento
Air Quality Management District declining the voluntary
reclassification for the Sacramento Metro area, which the District
anticipated would be classified
[[Page 10380]]
Moderate for the 2015 ozone NAAQS (see comment no. 100 in the
rulemaking docket).
Response: Based on comments to the November 2016 proposal received
from the state of California, the EPA also intends to apply previous
voluntary reclassifications for five of the six California areas
originally proposed. Table 1 presents the voluntary reclassification
history for these areas across the 1997 and 2008 ozone NAAQS, and the
anticipated initial classification and anticipated voluntary
reclassification for each area under the 2015 ozone NAAQS. We intend to
formally apply the previous voluntary reclassifications for these
California areas in a separate action, along with the final
nonattainment area designations for the 2015 ozone NAAQS.
Table 1--Areas for Which the State of California Requested a Voluntary Reclassification Under the 1997 Ozone NAAQS and Application Under Subsequent
Ozone Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Voluntary Voluntary Hypothetical initial Anticipated voluntary
Original 1997 ozone reclassification for reclassification for classification under reclassification under
Nonattainment area NAAQS classification 1997 ozone NAAQS 2008 ozone NAAQS 2015 ozone NAAQS \a\ 2015 ozone NAAQS \a\
(attainment date) (attainment date) (attainment date) (attainment date) (attainment date)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles-South Coast Air Basin. Severe--17 (2021).... Extreme (2024)....... Extreme (2032)....... Severe--15 (2033)... Extreme (2038).
San Joaquin Valley................ Serious (2013)....... Extreme (2024)....... Extreme (2032)....... Serious (2027)...... Extreme (2038).
Riverside County (Coachella Serious (2013)....... Severe--15 (2019).... Severe--15 (2027).... Moderate (2024)..... Severe--15 (2033).
Valley).
Ventura County.................... Moderate (2010)...... Serious (2013)....... Serious (2021)....... Marginal (2021)..... Serious (2027).
Western Mojave.................... Moderate (2010)...... Severe--15 (2019).... Severe--15 (2027).... Moderate (2024)..... Severe--15 (2033).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Based on adopted PATS classification thresholds and final 2014-2016 design values.
It is important to note that an air agency may request a voluntary
reclassification for an area under CAA section 181(b)(3) at any time.
In the November 2016 proposal, the EPA encouraged any air agency that
wanted a specific higher classification to apply to an area at the time
of initial designation to make such a request prior to or
contemporaneous with the designation process. However, an air agency
that determines it would like a voluntary reclassification after an
area's initial designation may request, and the Administrator must
approve, a higher classification for an area for any reason in
accordance with CAA section 181(b)(3).
C. Final Action
The EPA is establishing nonattainment area classification
thresholds for the 2015 ozone NAAQS using the PATS methodology applied
previously to translate the CAA Table 1 thresholds for purposes of the
1997 and 2008 8-hour ozone NAAQS. We are also establishing maximum
attainment dates for each nonattainment area classification, consistent
with CAA Table 1 and the regulatory approach for both the 1997 and 2008
ozone NAAQS. Table 2 depicts the translation for each of the CAA Table
1 thresholds and corresponding maximum attainment dates for each area
classification as they would apply for the 2015 ozone NAAQS.
Table 2--CAA Table 1 Ozone Design Value Translation to 8-Hour Design Values for the 2015 Ozone NAAQS of 0.070
ppm Using PATS Methodology and Corresponding Maximum Attainment Dates for Each Area Classification
----------------------------------------------------------------------------------------------------------------
Maximum
attainment
1-hour ozone Percent above 8-hour ozone date (years
Area class DV (ppm) 1-hour ozone DV (ppm) from effective
NAAQS date of
designation)
----------------------------------------------------------------------------------------------------------------
Marginal...................... From up to \a\.. 0.121 0.833 0.071 3
0.138 15 0.081
Moderate...................... From up to \a\.. 0.138 15 0.081 6
0.160 33.333 0.093
Serious....................... From up to \a\.. 0.160 33.333 0.093 9
0.180 50 0.105
Severe--15.................... From up to \a\.. 0.180 50 0.105 15
0.190 58.333 0.111
Severe--17.................... From up to \a\.. .0190 58.333 0.111 17
0.280 133.333 0.163
Extreme....................... Equal to or 0.280 133.333 0.163 20
above.
----------------------------------------------------------------------------------------------------------------
\a\ But not including.
The EPA intends to apply voluntary reclassifications for five
California areas in a separate action with the final nonattainment area
designations for the 2015 ozone NAAQS, in accordance with comments
received from relevant air agencies in California. The EPA is also
finalizing a number of regulatory definitions needed to support the
implementation of this final classifications rule.
IV. Environmental Justice Considerations
The EPA believes the human health or environmental risk addressed
by this action will not have disproportionately high and adverse human
health or
[[Page 10381]]
environmental effects on minority, low-income, or indigenous
populations because it would not negatively affect the level of
protection provided to human health or the environment under the 2015
ozone NAAQS. When promulgated, these regulations will establish
classification thresholds for the 2015 ozone NAAQS. These requirements
are designed to protect all segments of the general population and, as
such, will not adversely affect the health or safety of minority, low-
income or indigenous populations.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. The EPA is establishing nonattainment area classification
thresholds for the 2015 ozone NAAQS so that areas may be classified at
the time of designation as provided in section 181(a) of the CAA. No
new information needs to be collected from the states as a result of
this final classifications rule.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. Entities
potentially affected directly by this rule include state, local and
tribal governments and none of these governments are small governments.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action implements mandates specifically and
explicitly set forth in the CAA without the exercise of any policy
discretion by the EPA.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. It would not have a substantial direct effect on
one or more Indian tribes, since no tribe has to develop a tribal
implementation plan under these regulatory revisions. Furthermore,
these regulation revisions do not affect the relationship or
distribution of power and responsibilities between the federal
government and Indian tribes. The CAA and the Tribal Air Rule establish
the relationship of the federal government and tribes in developing
plans to attain the NAAQS, and these revisions to the regulations do
nothing to modify that relationship. Thus, Executive Order 13175 does
not apply to this action. Consistent with the EPA's OAR Handbook for
Interacting with Tribal Governments, the EPA invited tribal officials
to consult on the November 2016 proposal; however, we received no
subsequent requests for consultation.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.
J. National Technology Transfer and Advancement Act (NTTA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous populations as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
adopted regulations establish classification thresholds for the 2015
ozone NAAQS, which are designed to protect all segments of the general
populations. The results of our evaluation are contained in Section IV
of this preamble.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
M. Judicial Review
Section 307(b)(1) of the CAA indicates which Federal Courts of
Appeal have venue for petitions of review of final agency actions by
the EPA under the CAA. This section provides, in part, that petitions
for review must be filed in the U.S. Court of Appeals for the District
of Columbia Circuit (i) when the agency action consists of ``nationally
applicable regulations promulgated, or final actions taken, by the
Administrator'' or (ii) when such action is locally or regionally
applicable, if ``such action is based on a determination of nationwide
scope or effect and if in taking such action the Administrator finds
and publishes that such action is based on such a determination.''
This rule implementing the 2015 ozone NAAQS nonattainment area
classifications is ``nationally applicable'' within the meaning of CAA
section 307(b)(1). First, the rulemaking addresses the NAAQS that
applies to all states and territories in the U.S. Second, the
rulemaking addresses the classification of potential nonattainment
areas in states across the U.S. that are located in each of the ten EPA
regions, numerous federal circuits and multiple time zones. Third, the
rulemaking addresses a common core of knowledge and analysis involved
in formulating the decision and a common interpretation of the
requirements of the CAA being applied to potential nonattainment areas
in states across the country. Fourth, the rulemaking, by addressing
issues relevant to potential nonattainment area classifications in one
state, may have
[[Page 10382]]
precedential impacts upon potential nonattainment area classifications
in other states nationwide. Courts have found similar implementation
rulemaking actions to be of nationwide scope and effect.\15\
---------------------------------------------------------------------------
\15\ See, e.g., State of Texas, et al. v. EPA, 2011 U.S. App.
LEXIS 5654 (5th Cir. 2011) (finding SIP call to 13 states to be of
nationwide scope and effect and thus transferring the case to the
U.S. Court of Appeals for the D.C. Circuit in accordance with CAA
section 307(b)(1)).
---------------------------------------------------------------------------
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit by May 8, 2018. Any such judicial
review is limited to only those objections that are raised with
reasonable specificity in timely comments. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed and shall not postpone the effectiveness of such rule or action.
Under section 307(b)(2) of the Act, the requirements of this final
action may not be challenged later in civil or criminal proceedings
brought by us to enforce these requirements.
VI. Statutory Authority
The statutory authority for this action is provided by sections
109; 110; 172; 181; and 301(a)(1) of the CAA, as amended (42 U.S.C.
7409; 42 U.S.C. 7410; 42 U.S.C. 7502; 42 U.S.C. 7511; 42 U.S.C.
7601(a)(1)).
List of Subjects in 40 CFR Part 51
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Particulate matter, Transportation, Volatile organic
compounds.
Dated: March 1, 2018.
E. Scott Pruitt,
Administrator.
For the reasons stated in the preamble, 40 CFR part 51 is amended
as follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
0
2. Add subpart CC, consisting of Sec. Sec. 51.1300 through 51.1303, to
read as follows:
Subpart CC--Provisions for Implementation of the 2015 Ozone National
Ambient Air Quality Standards
Sec.
51.1300 Definitions.
51.1301 Applicability of this part.
51.1302 Classification and nonattainment area planning provisions.
51.1303 Application of classification and attainment date provisions
in CAA section 181 to areas subject to Sec. 51.1302.
Subpart CC--Provisions for Implementation of the 2015 Ozone
National Ambient Air Quality Standards
Sec. 51.1300 Definitions.
The following definitions apply for purposes of this subpart. Any
term not defined herein shall have the meaning as defined in Sec.
51.100.
(a) 2015 NAAQS. The 2015 8-hour primary and secondary ozone NAAQS
codified at 40 CFR 50.19.
(b) 8-hour ozone design value. The 8-hour ozone concentration
calculated according to 40 CFR part 50, appendix P, for the 2008 NAAQS,
and 40 CFR part 50, appendix U, for the 2015 NAAQS.
(c) CAA. The Clean Air Act as codified at 42 U.S.C. 7401-7671q
(2010).
(d) Designation for a NAAQS. The effective date of the designation
for an area for that NAAQS.
(e) Higher classification/lower classification. For purposes of
determining whether a classification is higher or lower,
classifications under subpart 2 of part D of title I of the CAA are
ranked from lowest to highest as follows: Marginal; Moderate; Serious;
Severe-15; Severe-17; and Extreme.
Sec. 51.1301 Applicability of this part.
The provisions in subparts A through Y and AA of this part apply to
areas for purposes of the 2015 ozone NAAQS to the extent they are not
inconsistent with the provisions of this subpart.
Sec. 51.1302 Classification and nonattainment area planning
provisions.
An area designated nonattainment for the 2015 ozone NAAQS will be
classified in accordance with CAA section 181, as interpreted in Sec.
51.1303(a), and will be subject to the requirements of subpart 2 of
part D of title I of the CAA that apply for that classification.
Sec. 51.1303 Application of classification and attainment date
provisions in CAA section 181 to areas subject to Sec. 51.1302.
(a) In accordance with CAA section 181(a)(1), each area designated
nonattainment for the 2015 ozone NAAQS shall be classified by operation
of law at the time of designation. The classification shall be based on
the 8-hour design value for the area at the time of designation, in
accordance with Table 1 of this paragraph (a). A state may request a
higher or lower classification as provided in paragraphs (b) and (c) of
this section. For each area classified under this section, the
attainment date for the 2015 NAAQS shall be as expeditious as
practicable, but not later than the date provided in Table 1 as
follows:
Table 1 to Paragraph (a)--Classifications and Attainment Dates for 2015 8-Hour Ozone NAAQS (0.070 ppm) for Areas
Subject to Sec. 51.1302
----------------------------------------------------------------------------------------------------------------
Primary standard
8-hour ozone attainment date (years
Area class design value after the effective
(ppm) date of designation for
2015 primary NAAQS)
----------------------------------------------------------------------------------------------------------------
Marginal................................ from up to *.............. 0.071 3
0.081
Moderate................................ from up to *.............. 0.081 6
0.093
Serious................................. from up to *.............. 0.093 9
0.105
Severe-15............................... from up to *.............. 0.105 15
0.111
[[Page 10383]]
Severe-17............................... from up to *.............. 0.111 17
0.163
Extreme................................. equal to or above......... 0.163 20
----------------------------------------------------------------------------------------------------------------
* But not including.
(b) A state may request, and the Administrator must approve, a
higher classification for an area for any reason in accordance with CAA
section 181(b)(3).
(c) A state may request, and the Administrator may in the
Administrator's discretion approve, a higher or lower classification
for an area in accordance with CAA section 181(a)(4).
[FR Doc. 2018-04810 Filed 3-8-18; 8:45 am]
BILLING CODE 6560-50-P