[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Rules and Regulations]
[Pages 49492-49495]
[FR Doc No: 2018-21329]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0422; FRL-9984-81--Region 2]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This final rule is effective on November 1, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2018-0422. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available,

e.g., Confidential Business Information (CBI) 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 form. Publicly available docket
materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber,<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 12, 2008, EPA revised both the primary and secondary NAAQS
for ozone to a level of 0.075 parts per million (ppm) (annual fourth-
highest daily maximum 8-hour average concentration, averaged over three
years) to provide increased protection of public health and the
environment. 73 FR 16436 (March 27, 2008).\1\ The 2008 ozone NAAQS
retains the same general form and averaging time as the 0.08 ppm NAAQS
set in 1997, but is set at a more protective level. On May 21, 2012 (77
FR 30088), effective July 20, 2012, EPA designated as nonattainment any
area that was violating the 2008 8-hour ozone NAAQS based on the three
most recent years (2008-2010) of air monitoring data. The Jamestown
Area (specifically, Chautauqua County) was designated as a marginal
ozone nonattainment area. See 40 CFR 81.333.
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    \1\ For a detailed explanation of the calculation of the 3-year
8-hour average, see 40 CFR part 50, appendix I.
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    Marginal areas designated in the May 21, 2012 rule are required to
attain the 2008 8-hour ozone NAAQS by the applicable deadline of July
20, 2015. See 40 CFR 51.903. On May 4, 2016, EPA determined that
complete, quality-assured, and certified air quality monitoring data
from the 2012-2014 monitoring period indicated that the Jamestown Area
attained the 2008 8-hour ozone NAAQS by that attainment date. See 81 FR
26697.
    Under the provisions of EPA's ozone implementation rule (40 CFR
51.918), if EPA also issues a determination (as it is doing here) that
an area is attaining the relevant standard through a rulemaking that
includes public notice and comment (known informally as a Clean Data
Determination), the requirements for a State to submit certain required
planning SIPs related to attainment of the eight-hour NAAQS, such as
attainment demonstrations, reasonable further progress plans and
contingency measures, shall be suspended. EPA's action only suspends
the requirements to submit the SIP revisions discussed above.\2\
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    \2\ For more information on the EPA's Clean Data Policy, see
https://www.epa.gov/ozone-pollution/redesignation-and-clean-data-policy-cdp for documents such as the Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, ``Reasonable
Further Progress, Attainment Demonstration, and Related Requirements
for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air
Quality Standard'' (May 10, 1995).
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    This suspension remains in effect until such time, if ever, that
EPA (i) redesignates the area to attainment, at which time those
requirements no longer apply, or (ii) subsequently determines that the
area has violated the 2008 8-hour ozone NAAQS. Although these
requirements are suspended, if the State provides these submissions to
EPA for review and approval at any time, EPA is not precluded from
acting upon them.

II. EPA's Evaluation

    An area may be considered to be attaining the 2008 8-hour ozone
NAAQS if there are no violations, as determined in accordance with 40
CFR part 50, based on three complete, consecutive calendar years of
quality-assured ambient air monitoring data. Under EPA regulations at
40 CFR part 50, the 2008 8-hour ozone NAAQS is attained when the 3-year
average of the annual fourth-highest daily maximum 8-hour average ozone
concentrations at an ozone monitor is less than or equal to 0.075 ppm.
See 40 CFR part 50, appendix P. This 3-year average is referred to as
the design value. When the design value is less than or equal to 0.075
ppm at each monitor within the area, then the area is attaining the
NAAQS. Also, the data meets the regulatory completeness requirement
when the average percent of days with valid ambient monitoring data is
greater than or equal to 90 percent (%), and no single year has less
than 75% data completeness as determined in appendix P of 40 CFR part
50. The data must be collected and quality-assured in accordance with
40 CFR part 58, and recorded in the EPA Air Quality System (AQS).
    As was discussed in EPA's July 20, 2018 (83 FR 34506) proposal, EPA
has reviewed the complete, quality-assured, and certified ozone ambient
air monitoring data for the monitoring periods for both 2012-2014 and
2015-2017 for the Jamestown Area. For both monitoring periods, the
design values for the Jamestown monitor in Chautauqua County are less
than or equal to 0.075 ppm, and the monitor meets the data completeness
requirements. Based on the 2012-2014 data from the AQS database and
consistent with the requirements contained in 40 CFR part 50, EPA has
concluded that this Area attained the 2008 8-hour ozone NAAQS. In
addition, complete, quality-assured, and certified data through the
2017 ozone season demonstrate that the area continues to attain the
standard.

III. Comments Received in Response to EPA's Proposed Action

    On July 20, 2018 (83 FR 34506), EPA proposed to make a
determination that the Jamestown Area has attained the 2008 8-hour
ozone NAAQS. In response to EPA's July 20, 2018 proposed determination
for the Jamestown Area, EPA received several comments from the public
during the 30-day public comment period. After reviewing the comments,
EPA has determined that most of the comments are outside the scope of
our proposed action or fail to identify any material issue
necessitating a response. The comments do not raise issues germane to
EPA's proposed action. For this reason, EPA will not provide a specific
response to those comments. Those comments may be viewed under Docket
ID Number EPA-R02-OAR-2018-0422 on the http://www.regulations.gov
website. EPA did however receive one comment that is germane to EPA's
proposed action.
    Comment: Please consider keeping plans in place to monitor and
follow up with the ozone level in Jamestown. Keeping a close eye on
data and holding people accountable for meeting a standard of 0.075 ppm
ozone may be more likely to continue the downward trend in ozone than
if we just stop communicating with local leadership on this issue.
    Response: This determination of attainment is not equivalent to a
redesignation under section 107(d)(3) of the CAA. The designation
status of the Jamestown Area will remain nonattainment for the 2008 8-
hour ozone NAAQS until such time as EPA determines that the Area meets
the CAA requirements for redesignation to attainment, including an
approved maintenance plan. While this determination of attainment for
the Jamestown Area suspends the reasonable further progress and
attainment demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the CAA, it does not suspend or
rescind the requirements of CAA sections 110(a)(2)(B) and (I) for
monitoring and implementing the various ozone related emissions
reduction control strategies that have been adopted by New York State
and approved by EPA over the years. Therefore, the New York State

Department of Environmental Conservation (NYSDEC) and EPA will continue
to assess the ozone ambient air monitoring data for the Jamestown
monitor in Chautauqua County. If certified air quality data indicates
issues with continuing attainment of the 2008 ozone NAAQS, the EPA
will, to the extent necessary, work with NYSDEC and use appropriate CAA
authorities to address those air quality issues.

IV. Final Action

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

V. Statutory and Executive Order Reviews

    This action finalizes an attainment determination based on air
quality data, resulting in the suspension of certain Federal
requirements. The action would not impose any additional requirements.
For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the attainment determination does not apply on any
Indian reservation land or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 3, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: September 19, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart HH--New York

0
2. In Sec.  52.1683, add paragraph (q) to read as follows:

Sec.  52.1683  Control strategy: Ozone.

* * * * *
    (q) EPA is determining that the Jamestown marginal nonattainment
area

(consisting of Chautauqua County) has attained the 2008 8-hour ozone
national ambient air quality standard (NAAQS). This determination
(informally known as a Clean Data Determination) is based upon
complete, quality assured, and certified ambient air monitoring data
that show the Jamestown Area has monitored attainment of the 2008 8-
hour ozone NAAQS for the 2012-2014 and 2015-2017 monitoring periods.
Under the provisions of EPA's ozone implementation rule (see 40 CFR
51.918), this determination suspends the reasonable further progress
and attainment demonstration requirements of section 182(b)(1) and
related requirements of section 172(c)(9) of the Clean Air Act for this
area as long as the area does not monitor any violations of the 8-hour
ozone standard. If a violation of the ozone NAAQS is monitored in this
area, this determination shall no longer apply.

[FR Doc. 2018-21329 Filed 10-1-18; 8:45 am]
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