[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Proposed Rules]
[Pages 56781-56791]
[FR Doc No: 2018-24816]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-HQ-OAR-2018-0226; FRL-9986-44-OAR]
RIN 2060-AT97

Determinations of Attainment by the Attainment Date, Extensions
of the Attainment Date, and Reclassification of Several Areas
Classified as Moderate for the 2008 Ozone National Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing three
actions related to the attainment date for 11 areas classified as
``Moderate'' for the 2008 ozone National Ambient Air Quality Standards
(NAAQS). First, the agency is proposing to determine that two areas--
the Baltimore, Maryland, and Mariposa County, California, nonattainment
areas--attained the standard by the July 20, 2018, attainment date.
Second, the agency is proposing to grant requests for a 1-year
attainment date extension to two other areas: Denver-Boulder-Greeley-
Ft. Collins-Loveland, Colorado, and Sheboygan County, Wisconsin. Third,

the agency is proposing to determine that seven areas failed to attain
the standards by the attainment date: Chicago-Naperville, Illinois-
Indiana-Wisconsin; Dallas-Fort Worth, Texas; Greater Connecticut,
Connecticut; Houston-Galveston-Brazoria, Texas; Nevada County (Western
part), California; New York-North New Jersey-Long Island, Connecticut-
New York-New Jersey; and San Diego County, California. The effect of
failing to attain by the attainment date is that such areas will be
reclassified by operation of law to ``Serious'' upon the effective date
of the final reclassification notice. Consequently, the responsible
state air agencies must submit State Implementation Plan (SIP)
revisions required to satisfy the statutory and regulatory requirements
for Serious areas for the 2008 ozone NAAQS. The EPA is proposing
deadlines for submittal of those SIP revisions and implementation of
the related control requirements. This proposed action is necessary to
fulfill the EPA's statutory obligation to determine whether ozone
nonattainment areas attained the NAAQS by the attainment date, and,
within 6 months of the attainment date, publish a notice in the Federal
Register identifying each area that is determined as having failed to
attain and identifying the reclassification.

DATES:
    Comments. Written comments must be received on or before December
14, 2018.
    Public Hearings. If anyone contacts us requesting a public hearing
on or before November 29, 2018, we will hold a public hearing.
Additional information about the hearing, if requested, will be
published in a subsequent Federal Register document. Please refer to
SUPPLEMENTARY INFORMATION for additional information on the comment
period and the public hearing.

ADDRESSES: Comments: Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2018-0226, at https://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 its 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 http://www2.epa.gov/dockets/comments.html.
    Public Hearing. If anyone contacts us requesting a public hearing
on or before November 29, 2018, we will hold a public hearing. Please
refer to SUPPLEMENTARY INFORMATION for additional information on the
comment period and the public hearing.

FOR FURTHER INFORMATION CONTACT: For further general information on
this proposed rule, contact Ms. Virginia Raps, Office of Air Quality
Planning and Standards (OAQPS), Air Quality Policy Division, U.S.
Environmental Protection Agency, Mail Code: C539-01, Research Triangle
Park, NC 27711, telephone<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address: [email protected]. To request a public hearing or
information pertaining to a public hearing on this notice, contact Ms.
Pamela Long at<PHONE_NUMBER> or [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities potentially directly affected by this proposed action
include state, local, and tribal air pollution control or management
agencies. Individuals and entities potentially indirectly affected by
this action include owners and operators of sources that emit volatile
organic compounds (VOC) and nitrogen oxides (NOX) emissions,
which contribute to ground-level ozone formation within the ozone
nonattainment areas that are the subject of this proposed notice.

B. What should I consider as I prepare my comments for the EPA?

    1. Submitting CBI. Do not submit this 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 information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media 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 to be 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 ``Public Information.''
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a CFR part or section
number.
    c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow reproduction of
your method and the results.
    f. Provide specific examples to illustrate your concerns and
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline
identified under DATES in this notice.

C. 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 notice will be posted at https://www.epa.gov/ozone-pollution.

D. What information should I know about a possible public hearing?

    To request a public hearing or information pertaining to a public
hearing on this notice, contact Ms. Pamela Long at<PHONE_NUMBER> or
[email protected] before 5 p.m. on or before November 29, 2018. If
requested, further details concerning a public hearing for this
proposed rule will be published in a separate Federal Register
document. For updates and additional information on a public hearing,
please check the EPA's website for this rulemaking at https://www.epa.gov/ozone-pollution.

E. How is this preamble organized?

    The information and proposals presented in this notice are
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for the EPA?
    C. Where can I get a copy of this document and other related
information?
    D. What information should I know about a possible public
hearing?
    E. How is this preamble organized?
II. Overview and Basis of Proposal
    A. Overview of Proposal
    B. What is the background for the proposed actions?
    C. What is the statutory authority for the proposed actions?
    D. How does the EPA determine whether an area has attained the
2008 ozone standards?
III. What is the EPA proposing and what is the rationale?
    A. Determinations of Attainment by the Attainment Date
    B. Extensions of Moderate Area Attainment Date
    C. Determinations of Failure To Attain and Reclassification
    D. Serious Area SIP Revision Submission Deadlines and RACT
Implementation Deadlines
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 That Significantly Affect
Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

II. Overview and Basis of Proposal

A. Overview of Proposal

    The EPA Administrator is required to determine whether areas
designated nonattainment for an ozone NAAQS attained the standard by
the applicable attainment date, and to take certain steps for areas
that failed to attain.\1\ For a concentration-based standard, such as
the 2008 ozone NAAQS,\2\ a determination of attainment \3\ is based on
a nonattainment area's design value.\4\
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    \1\ See CAA section 181(b)(2).
    \2\ Because the 2008 primary and secondary NAAQS for ozone are
identical, for convenience, the EPA refers to them together as ``the
2008 ozone NAAQS.''
    \3\ The criteria for determining if an area is attaining the
2008 ozone NAAQS are set out in 40 CFR 50.15 and 40 CFR part 50,
Appendix P.
    \4\ A design value is a statistic used to compare data collected
at an ambient air quality monitoring site to the applicable NAAQS to
determine compliance with the standard. The design value for the
2008 ozone NAAQS is the 3-year average of the annual fourth highest
daily maximum 8-hour average ozone concentration. The design value
is calculated for each air quality monitor in an area and the area's
design value is the highest design value among the individual
monitoring sites in the area.
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    The 2008 ozone NAAQS are met at an ambient monitoring site when the
design value does not exceed 0.075 parts per million (ppm). For areas
classified as Moderate nonattainment for the 2008 ozone NAAQS, the
attainment date is July 20, 2018. Because the design value is based on
the three most recent, complete calendar years of data, attainment must
occur no later than December 31 of the year prior to the attainment
date (i.e., December 31, 2017, in the case of Moderate nonattainment
areas for the 2008 ozone NAAQS). As such, the EPA's proposed
determinations for each area are based upon the complete, quality-
assured and certified ozone monitoring data from calendar years 2015,
2016, and 2017.
    All monitors in an area must be considered when determining if the
area attains the NAAQS. To make the determination that an area attains
the NAAQS, each monitor must have a valid \5\ design value meeting the
standard. If one or more monitors in an area have a design value that
exceeds the standard, the area does not attain the NAAQS.
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    \5\ Design values attaining the 2008 ozone NAAQS must also meet
minimum data completeness requirements specified in 40 CFR part 50,
Appendix P to be considered valid.
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    This proposed action addresses 11 of the 14 nonattainment areas
that were classified as Moderate for the 2008 ozone NAAQS as of the
Moderate area attainment date of July 20, 2018, that have not already
been reclassified to Serious.\6\ The remaining three areas will be
addressed in separate actions:
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    \6\ The Kern County (Eastern Kern), California, nonattainment
area was reclassified from Moderate to Serious effective August 6,
2018, in response to a voluntary reclassification request submitted
by the state of California (see 83 FR 31334, July 5, 2018). SIP
revisions addressing Serious area requirements for Eastern Kern
County will be due on August 6, 2019, and the area must attain the
2008 ozone standards by July 20, 2021.
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    (1) On September 27, 2016, May 17, 2018, and July 17, 2018, the
Arizona Department of Environmental Quality submitted to the EPA for
review exceptional events demonstrations for the Phoenix-Mesa, Arizona,
Moderate nonattainment area.\7\ Actions taken by the EPA on the
demonstrations may affect a determination of attainment by the
attainment date for the area. The proposed action to determine
attainment for the Phoenix-Mesa, Arizona, area by the attainment date
for the Moderate 2008 ozone NAAQS will, therefore, be addressed in a
separate Federal Register notice.
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    \7\ CAA section 319(b) defines an exceptional event as an event
that (i) affects air quality; (ii) is not reasonably controllable or
preventable; (iii) is an event caused by human activity that is
unlikely to recur at a particular location or a natural event; and
(iv) is determined by the Administrator through process established
in regulation to be an exceptional event. ADEQ submitted its
demonstration pursuant to 40 CFR 50.14, which establishes the
process by which states may request that the Administrator determine
that air quality monitoring data showing exceedances or violations
of the NAAQS that are directly due to an exceptional event may be
excluded from regulatory determinations, including whether a
nonattainment area has met the NAAQS by its deadline.
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    (2) The Imperial County, California, Moderate nonattainment area is
not included in this proposed action. On July 9, 2018, the California
Air Resources Board submitted the ``Imperial County Clean Air Act
Section 179B(b) Retrospective Analysis for the 75 ppb 8-Hour Ozone
Standard,'' which may affect a determination of attainment by the
attainment date for this area.\8\ The proposed action to determine
attainment for the Imperial County, California, area by the attainment
date for the Moderate 2008 ozone NAAQS will be addressed in a separate
Federal Register notice.
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    \8\ CAA section 179B(b) provides that where a state demonstrates
to the Administrator's satisfaction that an ozone nonattainment area
would have attained the NAAQS by the applicable attainment date but
for emissions emanating from outside the United States, that area
shall not be subject to the mandatory reclassification provision,
CAA section 181(b)(2). Note that the statute cites 42 U.S.C.
7511(a)(2), but that provision establishes ozone attainment
deadlines for severe areas under the 1-hour standard. The EPA has
long interpreted the citation in CAA section 179B(b) to be a
scrivener's error that was supposed to refer to 42 U.S.C.
7511(b)(2), which refers to consequences for failure to attain by
the attainment date.
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    (3) The Moderate nonattainment area for the Pechanga Band of
Luiseno Mission Indians of the Pechanga Reservation based in California
is not included in this proposed action because the EPA has not yet
finalized a 2015-2017 design value for the nonattainment area.
    Table 1 provides a summary of the design values and the EPA's
proposed air quality-based determinations for the 11 Moderate areas
addressed in this action.

                    Table 1--2008 Ozone NAAQS Moderate Nonattainment Area Evaluation Summary
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                                                                                Area failed to
                                                                                attain 2008 NAAQS
                                                                                but eligible for 1-
                                      2015-2017         2008 NAAQS        2017 4th Highest     year attainment
  2008 NAAQS nonattainment area     Design  value    attained by the    daily  maximum 8-hr     date extension
                                        (ppm)            Moderate          average  (ppm)     based on 2017 4th
                                                     attainment date                            highest daily
                                                                                maximum 8-hr
                                                                                average <=0.075 ppm
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Baltimore, MD....................           0.075  Attained...........  Not applicable.....  Not applicable.
Chicago-Naperville, IL-IN-WI.....           0.078  Failed to Attain...  0.079..............  No.
Dallas-Fort Worth, TX............           0.079  Failed to Attain...  0.077..............  No.
Denver-Boulder-Greeley-Ft.                  0.079  Failed to Attain...  0.075..............  Yes.
 Collins-Loveland, CO.
Greater Connecticut, CT..........           0.076  Failed to Attain...  0.078..............  No.
Houston-Galveston-Brazoria, TX...           0.081  Failed to Attain...  0.079..............  No.
Mariposa County, CA..............           0.075  Attained...........  Not applicable.....  Not applicable.
Nevada County (Western part), CA.           0.087  Failed to Attain...  0.090..............  No.
New York-N. New Jersey-Long                 0.083  Failed to Attain...  0.086..............  No.
 Island, CT-NJ-NY.
San Diego County, CA.............           0.084  Failed to Attain...  0.090..............  No.
Sheboygan County, WI.............           0.080  Failed to Attain...  0.075..............  Yes.
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    The data used to calculate both the 2015-2017 design values and the
2017 fourth highest daily maximum 8-hour averages are provided in the
technical support document (TSD) found in the docket for this proposed
action.\9\
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    \9\ ``Technical Support Document Regarding Ozone Monitoring
Data--Determinations of Attainment, 1-Year Attainment Date
Extensions, and Reclassifications for Moderate Areas under the 2008
8-Hour Ozone National Ambient Air Quality Standards (NAAQS),''
Docket ID No. EPA-OAR-2018-0226.
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    The EPA proposes to find that the Baltimore, Maryland, and Mariposa
County, California, Moderate nonattainment areas attained by the
attainment date as evidenced by the 2015-2017 design values presented
in Table 1, which do not exceed 0.075 ppm. The EPA proposes to grant a
1-year attainment date extension for the Denver-Boulder-Greeley-Ft.
Collins-Loveland, Colorado, and Sheboygan County, Wisconsin,
nonattainment areas. Colorado and Wisconsin have complied with all
requirements and commitments pertaining to the area in the applicable
implementation plan,\10\ and demonstrated that the 2017 fourth highest
daily maximum 8-hour average ozone concentrations do not exceed 0.075
ppm. Accordingly, the EPA proposes to establish a new attainment date
of July 20, 2019, for these areas.
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    \10\ See CAA section 181(a)(5).
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    The EPA proposes to determine that seven Moderate areas with a
2015-2017 design value greater than 0.075 ppm did not attain by the
attainment date and do not qualify for a 1-year attainment date
extension under CAA section 181(a)(5), as interpreted by the EPA in 40
CFR 51.1107. If the EPA determines that a nonattainment area classified
as Moderate failed to attain by the attainment date, the EPA shall
publish the identity of each such area in the Federal Register no later
than 6 months following the attainment date and identify the
reclassification as required under CAA section 181(b)(2)(B).
    Furthermore, as required under CAA section 181(b)(2)(A), if the EPA
finalizes the determinations that these seven areas failed to attain by
the attainment date, they will be reclassified to Serious by operation
of law.\11\ The reclassified areas will then be subject to the Serious
area requirement to attain the 2008 ozone NAAQS as expeditiously as
practicable, but not later than July 20, 2021.
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    \11\ None of the 2015-2017 design values shown in Table 1 for
any of the seven areas proposed to be reclassified as Serious equals
or exceeds 0.113 ppm, which is the threshold for reclassifying an
area to Severe under CAA section 181(b)(2)(A) and 40 CFR 51.1103.
Therefore, none of these areas are required to be reclassified by
operation of law to Severe or Extreme.
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    Once reclassified as Serious, the relevant states must submit to
the EPA the SIP revisions for these areas that satisfy the statutory
and regulatory requirements applicable to Serious areas established in
CAA section 182(c) and in the 2008 Ozone NAAQS SIP Requirements Rule
(see 80 FR 12264, March 6, 2015).\12\ However, the deadlines specified
in section 182(c) have passed for plan submissions applicable to areas
originally classified as Serious on July 20, 2012. For instance, 40 CFR
51.1108 established the deadline for Serious-area attainment
demonstrations to be 48 months after the effective date of
nonattainment designation, or July 20, 2016, a date that has passed and
cannot be met by areas reclassified in this notice. Under CAA section
182(i), reclassified areas are required to meet the requirements
associated with their newly reclassified status according to the
schedules prescribed in connection with such requirements, except that
the Administrator may adjust applicable deadlines (other than
attainment dates) to the extent such adjustment is ``necessary or
appropriate to assure consistency among the required submissions.''
Because these dates have already passed, the EPA is using its
discretion granted under CAA section 182(i) to propose adjusting the
deadlines for submitting SIP revisions that would otherwise apply under
CAA section 182(c).
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    \12\ In South Coast Air Quality Mgmt. Dist. v. EPA, 882 F.3d
1138 (DC Cir. 2018), the D.C. Circuit granted in part and denied in
part petitions for review challenging the 2008 ozone NAAQS SIP
Requirements Rule. Among other things, the D.C. Circuit vacated the
portion of the rule that allowed states to select an alternative
baseline year (i.e., a year other than 2011) for purposes of
calculating reasonable further progress. See id. at 882 F.3d at
1152-53. South Coast Air Quality Management District petitioned the
Court for rehearing on this issue and the Court denied that
petition. South Coast, No. 15-1123, Order No. 1750751 (DC Cir.
September 14, 2018).
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    As discussed in Section III.D of this notice, the EPA proposes that
the SIP revisions, not including the Reasonably Available Control
Technology (RACT) SIP revision required under CAA sections 182(b)(2)
and 182(f), will be due 12 months after the effective date of the final
reclassification notice. The EPA also discusses its proposed deadlines,
and solicits comments on alternative due dates and deadlines, for RACT
SIP revisions and RACT

implementation for the newly reclassified Serious areas.

B. What is the background for the proposed actions?

    On March 12, 2008, the EPA issued its final action to revise the
NAAQS for ozone to establish new 8-hour standards (73 FR 16436, March
27, 2008). In that action, the EPA promulgated identical revised
primary and secondary ozone standards designed to protect public health
and welfare that specified an 8-hour ozone level of 0.075 ppm.
Specifically, the standards require that the 3-year average of the
annual fourth highest daily maximum 8-hour average ozone concentration
may not exceed 0.075 ppm. The 2008 ozone NAAQS retain the same general
form and averaging time as the 0.08 ppm ozone NAAQS set in 1997, so
that the only difference is the more protective level of 0.075 ppm.
    Effective on July 20, 2012, the EPA designated 46 areas throughout
the country as nonattainment for the 2008 ozone NAAQS (77 FR 30088, May
21, 2012, and 77 FR 34221, June 11, 2012). In a separate action, the
EPA assigned classification thresholds and attainment dates based on
the severity of each nonattainment area's ozone problem, determined by
the area's design values (77 FR 30160, May 21, 2012).\13\ In that rule,
the EPA established the attainment date for Moderate and Serious
nonattainment areas as 6 years and 9 years, respectively, from the
effective date of the final designation, July 20, 2012. Thus, the
attainment date for Moderate nonattainment areas for the 2008 ozone
NAAQS was July 20, 2018, and the attainment date for Serious areas is
July 20, 2021. In a separate action effective on June 3, 2016, the EPA
reclassified 11 of the 36 Marginal areas to Moderate for failing to
attain the NAAQS by the July 20, 2015, Marginal attainment date (81 FR
26697, May 4, 2016). In that action, two Marginal areas received 1-year
attainment date extensions. However, these two areas were later
reclassified to Moderate for failing to attain the NAAQS by the July
20, 2016, extended Marginal area attainment date (Houston-Galveston-
Brazoria, Texas--81 FR 90207, December 14, 2016; Sheboygan County,
Wisconsin--81 FR 91841 December 19, 2016).
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    \13\ Three areas were initially classified Moderate for the 2008
ozone NAAQS: Baltimore, Maryland, Dallas-Ft. Worth, Texas, and the
Pechanga Reservation, located in southern California.
Classifications for the remaining areas (of the 46 areas designated
nonattainment for the 2008 ozone NAAQS) were 36 Marginal, two
Serious, three Severe, and two Extreme areas.
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C. What is the statutory authority for the proposed actions?

    The statutory authority for the actions proposed in this notice is
provided by the CAA, as amended (42 U.S.C. 7401 et seq.). Relevant
portions of the CAA include, but are not necessarily limited to,
sections 181(a)(5) and 181(b)(2).
    By way of background, CAA section 107(d) provides that when the EPA
establishes or revises a NAAQS, the agency must designate areas of the
country as nonattainment, attainment, or unclassifiable based on
whether they are not meeting (or contributing to air quality in a
nearby area that is not meeting) the NAAQS, meeting the NAAQS or cannot
be classified as meeting or not meeting the NAAQS, respectively.
Subpart 2 of part D of title I of the CAA governs the classification,
state planning and emissions control requirements for any areas
designated as nonattainment for a revised primary ozone NAAQS. In
particular, CAA section 181(a)(1) requires each area designated as
nonattainment for a revised ozone NAAQS to be ``classified'' at the
same time as the area is designated based on the extent of the ozone
problem in the area (as determined based on the area's ``design
value,'' which represents air quality in the area for the most recent 3
years). Classifications for ozone nonattainment areas range from
``Marginal'' to ``Extreme'' based on the severity of the area's air
quality problem. CAA section 182 provides the specific attainment
planning and additional requirements that apply to each ozone
nonattainment area based on its classification. CAA section 182, as
interpreted by the EPA's implementing regulations at 40 CFR 51.1108--
1117, also establishes the timeframes by which air agencies must submit
and implement SIP revisions to satisfy the applicable attainment
planning elements, and the timeframes by which nonattainment areas must
attain the 2008 ozone NAAQS. However, the EPA is proposing in Section
III.D of this notice to adjust the deadlines for SIP revisions for any
newly classified Serious nonattainment areas, as provided for in CAA
section 182(i), including deadlines for RACT SIP revisions and RACT
implementation.
    Section 181(b)(2)(A) of the CAA requires that within 6 months
following the applicable attainment date, the EPA shall determine
whether an ozone nonattainment area attained the ozone standard based
on the area's design value as of that date. Section 181(a)(5) of the
CAA gives the EPA the discretion to grant a 1-year extension of the
attainment date upon application by any state if: (1) The state has
complied with all requirements and commitments pertaining to the area
in the applicable implementation plan; and (2) no more than one
measured exceedance of the NAAQS for ozone has occurred in the area
preceding the extension year. The EPA may grant a second 1-year
extension if these same criteria are met by the end of the first
extension year.
    In 40 CFR 51.1107, the EPA interpreted CAA section 181(a)(5)(B)'s
exceedance-based air quality requirement of the extension criteria for
purposes of a concentration-based standard like the 2008 8-hour ozone
NAAQS. For purposes of determining an area's eligibility for an
attainment date extension for the 2008 ozone NAAQS, the EPA has
interpreted the criteria of CAA section 181(a)(5)(B) to mean that an
area is eligible for a 1-year extension of the attainment date if it
fourth highest daily maximum 8-hour value for the attainment year does
not exceed the level of the standard.\14\
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    \14\ See 40 CFR 51.1107 pertaining to determining eligibility
under CAA section 181(a)(5)(B) for the first and the second 1-year
attainment date extensions for the 2008 ozone NAAQS. For the second
1-year extension, the area's fourth highest daily maximum 8-hour
average concentration of ozone cannot not exceed 0.075 ppm when
averaged over both the original attainment year and the first
extension year.
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    In the event an area fails to attain the ozone NAAQS by the
applicable attainment date, CAA section 181(b)(2)(A) requires the EPA
to make the determination that an ozone nonattainment area failed to
attain the ozone standard by the applicable attainment date, and
requires the area to be reclassified by operation of law to the higher
of: (1) the next higher classification for the area, or (2) the
classification applicable to the area's design value as of the
determination of failure to attain.\15\ Section 181(b)(2)(B) of the CAA
requires the EPA to publish the determination of failure to attain and
accompanying reclassification in the Federal Register no later than 6
months after the attainment date, which in the case of the Moderate
nonattainment areas considered in this proposal would be no later than
January 20, 2019.
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    \15\ All nonattainment areas named in this notice that failed to
attain by the attainment date would be classified to the next
highest classification of Serious. None of the affected areas has a
design value that would otherwise place an area in a higher
classification (i.e., see CAA section 181(b)(2)(A) reference to
Severe and Extreme areas).
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    Once an area is reclassified as a result of this action, each state
is required to submit certain SIP revisions. The SIP

revisions are intended to, among other things, demonstrate how the area
will attain the NAAQS as expeditiously as practicable, but no later
than July 20, 2021, the attainment date for Serious nonattainment areas
for the 2008 ozone NAAQS. According to CAA section 182(i), each state
containing an ozone nonattainment area reclassified as Serious under
CAA section 181(b)(2) shall submit SIP revisions consistent with the
schedules contained in CAA section 182(b) for Moderate areas and 182(c)
for Serious areas. However, CAA section 181(b)(2) provides that the EPA
``may adjust applicable deadlines (other than attainment dates) to the
extent such adjustment is necessary or appropriate to assure
consistency among the required submissions.'' In Section III.D of this
notice, the EPA explains its proposal to adjust such deadlines.

D. How does the EPA determine whether an area has attained the 2008
ozone standards?

    Under EPA regulations at 40 CFR part 50, Appendix P, the 2008 ozone
NAAQS is attained at a site when the 3-year average of the annual
fourth highest daily maximum 8-hour average ambient air quality ozone
concentration does not exceed 0.075 ppm. This 3-year average is
referred to as the ``design value.'' When the design value does not
exceed 0.075 ppm at each ambient air quality monitoring site within the
area, the area is deemed to be attaining the ozone NAAQS. The rounding
convention in Appendix P dictates that concentrations shall be reported
in ``ppm'' to the third decimal place, with additional digits to the
right being truncated. Thus, a computed 3-year average ozone
concentration of 0.076 ppm is greater than 0.075 ppm and would exceed
the standard, but a design value of 0.0759 is truncated to 0.075 and
attains the 2008 ozone NAAQS.
    The EPA's determination of attainment is based upon data that have
been collected and quality-assured in accordance with 40 CFR part 58
and recorded in the EPA's Air Quality System (AQS) database.\16\
Ambient air quality monitoring data for the 3-year period preceding the
attainment date (which for the 2008 ozone NAAQS Moderate areas is the
period from 2015-2017) must meet the data completeness requirements in
Appendix P.\17\ The completeness requirements are met for the 3-year
period at a monitoring site if daily maximum 8-hour average
concentrations of ozone are available for at least 90 percent of the
days within the ozone monitoring season, on average, for the 3-year
period, and no single year has less than 75 percent data completeness.
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    \16\ The EPA maintains the AQS, a database that contains ambient
air pollution data collected by the EPA, state, local, and tribal
air pollution control agencies. The AQS also contains meteorological
data, descriptive information about each monitoring station
(including its geographic location and its operator) and data
quality assurance/quality control information. The AQS data is used
to (1) assess air quality, (2) assist in attainment/non-attainment
designations, (3) evaluate SIPs for non-attainment areas, (4)
perform modeling for permit review analysis, and (5) prepare reports
for Congress as mandated by the CAA. Access is through the website
at https://www.epa.gov/aqs.
    \17\ See 40 CFR part 50, Appendix P, section 2.3(b).
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III. What is the EPA proposing and what is the rationale?

    The EPA is proposing this action to fulfill its statutory
obligation under CAA section 181(b)(2) to determine whether 11 Moderate
ozone nonattainment areas attained the 2008 ozone NAAQS as of the
attainment date of July 20, 2018. The EPA evaluated air quality
monitoring data submitted by the appropriate state and local air
agencies to determine the attainment status of the 11 areas as of the
applicable attainment date of July 20, 2018. This section describes the
separate determinations and actions being taken in this proposed rule.

A. Determinations of Attainment by the Attainment Date

    Two of the 11 nonattainment areas' monitoring sites had a design
value that did not exceed 0.075 ppm based on the 2015-2017 data. Thus,
the EPA proposes to determine, in accordance with CAA section
181(b)(2)(A) and the provisions of the SIP Requirements Rule (40 CFR
51.1103), that the two areas, Baltimore, Maryland, and Mariposa County,
California, listed in Table 1, attained the standard by the applicable
attainment date for Moderate nonattainment areas for the 2008 ozone
NAAQS.
    The EPA's Clean Data Policy,\18\ as codified for the 2008 ozone
NAAQS at 40 CFR 51.1118, suspends the requirements for states to submit
certain attainment planning SIPs such as the attainment demonstration,
including reasonably available control measures (RACM), reasonable
further progress (RFP), and contingency measures for so long as an area
continues to attain the standard. The EPA determined that Mariposa
County, California, had attained the 2008 ozone standard and therefore
suspended the requirements for the state to submit an attainment
demonstration and associated RACM, RFP plans, contingency measures, and
other attainment planning elements, in accordance with 40 CFR
51.1118.\19\ The EPA proposes that, following a final determination of
attainment by the attainment date for Mariposa County, California,
these requirements would remain suspended. Similarly, the EPA also
proposes that a final determination of attainment by the attainment
date for Baltimore, Maryland, would continue to suspend the state's
attainment planning requirements for that area in accordance with 40
CFR 51.1118, as the EPA previously determined the area attained the
2008 ozone NAAQS and issued a Clean Data Determination.\20\
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    \18\ More information about the Clean Data Policy and
redesignation guidance is available at https://www.epa.gov/ozone-pollution/redesignation-and-clean-data-policy-cdp.
    \19\ For Mariposa, California, the final 2008 ozone NAAQS Clean
Data Determination was initially effective on February 21, 2017 (81
FR 93624, December 21, 2016) and was delayed until March 21, 2017,
due to a Presidential directive (82 FR 8499, January 26, 2017).
    \20\ For Baltimore, Maryland, the final 2008 ozone NAAQS Clean
Data Determination was effective on July 1, 2015 (80 FR 30941, June
1, 2015).
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    These proposed determinations of attainment by the attainment date
do not constitute formal redesignations to attainment as provided for
under CAA section 107(d)(3). Redesignations to attainment require the
states responsible for ensuring attainment and maintenance of the NAAQS
to meet the requirements under CAA section 110 and part D, including
submitting for EPA approval a maintenance plan to ensure continued
attainment of the standard for 10 years following redesignation, as
provided under CAA section 175A.
    The EPA is soliciting comments on these proposed determinations of
attainment by the applicable attainment date for the Baltimore,
Maryland, and Mariposa County, California, areas. Further technical
analysis supporting this proposed determination is located in the TSD
for this rule, which is available in the docket for this action.

B. Extensions of Moderate Area Attainment Date

    The EPA is proposing to grant a 1-year extension of the attainment
date for two areas: Denver-Boulder-Greeley-Ft. Collins-Loveland,
Colorado, and Sheboygan County, Wisconsin. Approval of the 1-year
attainment date extensions is based on the states' compliance under CAA
section 181(a)(5) as interpreted by the EPA in 40 CFR 51.1107. These
areas meet the specific air quality criteria for the 1-year extension
under 51.1107(a)(1), meaning the fourth highest daily maximum 8-hour
average ozone concentration recorded during the attainment year

(2017) did not exceed the 2008 ozone NAAQS of 0.075 ppm. In addition,
state officials have certified that they have complied with all
requirements and commitments pertaining to these areas in their
respective implementation plan.
    By way of letter dated June 4, 2018,\21\ the Colorado Department of
Public Health and Environment (CDPHE) requested an extension for the
Denver-Boulder-Greeley-Ft. Collins-Loveland, Colorado, Moderate area
attainment date. The state's request for an extension also includes a
certification that the state of Colorado has complied with all
requirements and commitments pertaining to the Denver-Boulder-Greeley-
Ft. Collins-Loveland, Colorado, Moderate ozone area SIP, in accordance
with CAA section 181(a)(5)(A). The EPA evaluated the information
submitted by the state and is proposing to determine that the state has
met the requirement of CAA section 181(a)(5)(A) for this area.
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    \21\ Kaufman, Garrison, Director, Air Pollution Control
Division, CDPHE. ``Submittal of Exceptional Events Demonstration and
Request to Extend 2008 Ozone National Ambient Air Quality Standard
Attainment Deadline for the Denver Metropolitan/North Front Range
Nonattainment Area.'' June 4, 2018. Attachments included the ``CDPHE
Exceptional Event Demonstration for Ozone on September 2 and 4,
2017,'' and the ``Colorado 2017 Data Certification Request Letter.''
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    The state also submitted an exceptional events demonstration
claiming that the area's fourth highest daily maximum 8-hour average
ozone concentration at one monitor, which exceeded the 0.075 ppm
standard, was caused by wildfires in Montana and Pacific Northwest
states in late summer 2017. On July 11, 2018, the EPA concurred with
the state's demonstration that prevailing winds transported smoke from
those wildfires to the Denver area on September 2 and 4, 2017, causing
exceedances of the 2008 ozone NAAQS. Pursuant to 40 CFR 50.14, the EPA
is proposing to exclude the air quality data submitted in the state's
exceptional events demonstration for purposes of this determination of
attainment by the attainment deadline. With the exceptional events data
excluded, the fourth highest daily maximum 8-hour average for the area
in 2017 does not exceed 0.075 ppm. Thus, the EPA is proposing to grant
a 1-year attainment date extension for the Denver-Boulder-Greeley-Ft.
Collins-Loveland, Colorado, Moderate nonattainment area in this
proposed action.
    In a letter from the Wisconsin Department of Natural Resources
(DNR), dated May 24, 2018,\22\ the state requested a 1-year attainment
date extension for the Sheboygan County, Wisconsin, Moderate
nonattainment area stating the requirements and commitments given under
CAA section 181(a)(5)(A) had been met. In their request, the state
officials also provided their certification of the 2017 ambient air
monitoring data for the area. The EPA has evaluated this information
from the state and is proposing to determine that the state has met the
requirement of CAA section 181(a)(5)(A) for this area.\23\
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    \22\ Good, Gail, Director, Air Management Program, Wisconsin
Department of Natural Resources, ``Request for a one-year extension
of the 2008 ozone standard attainment date for the Sheboygan County,
Wisconsin moderate nonattainment area,'' letter dated May 24, 2018,
which includes as an attachment the ``2017 Wisconsin Ambient Air
Monitoring Data Certification--Criteria Network Data,'' dated April
30, 2018.
    \23\ Letter dated July 11, 2018, to Garry Kaufman, Director, Air
Pollution Control Division, Colorado Department of Public Health and
Environment, from Martin Hestmark, Assistant Regional Administrator,
Office of Partnerships and Regulatory Assistance, U.S. EPA Region 8,
which inclused as an enclosure a TSD. This document is available in
the rulemaking docket for this action.
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    In the letter, the state also explains that the fourth highest
daily 8-hour ozone concentration from monitors in the area did not
exceed 0.075 ppm during the 2017 calendar year and presented the
state's ``2017 Wisconsin Ambient Air Monitoring Data Certification'' to
support the analysis. Upon evaluation of the information submitted by
the Wisconsin DNR, the EPA is proposing to grant a 1-year attainment
date extension for the Sheboygan County, Wisconsin, Moderate
nonattainment area in this proposed action.
    If we finalize our action as proposed, upon the effective date of
the final action, the attainment date for these areas would be extended
to July 20, 2019. The areas would remain classified as Moderate for the
2008 ozone NAAQS unless and until the EPA makes a determination that
either or both areas failed to attain the NAAQS by the new attainment
date.
    The EPA is soliciting comments on the proposed 1-year attainment
date extensions for the Denver-Boulder-Greeley-Ft. Collins-Loveland,
Colorado, and Sheboygan County, Wisconsin, Moderate nonattainment
areas.

C. Determinations of Failure To Attain and Reclassification

    The EPA is proposing to determine that seven Moderate nonattainment
areas failed to attain the 2008 ozone NAAQS by the attainment date of
July 20, 2018. These areas are not eligible for a 1-year attainment
date extension because they do not meet the extension criteria under
CAA section 181(a)(5) as interpreted by the EPA in 40 CFR 51.1107. The
areas' ozone design values for 2015-2017 are shown in Table 1.
    If we finalize our action as proposed, each of these areas will be
reclassified to Serious, the next higher classification, as provided
under CAA section 181(b)(2)(A)(i) and codified at 40 CFR 51.1103. These
areas are required to attain the standard ``as expeditiously as
practicable'' but no later than 9 years after the initial designation
as nonattainment, which in this case would be no later than July 20,
2021. After reclassification to Serious, if any of these areas attains
the 2008 ozone NAAQS prior to the Serious-area attainment date, the
relevant state may seek a Clean Data Determination, under which certain
attainment planning SIPs would be suspended under 40 CFR 51.1118 or a
redesignation to attainment.\24\
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    \24\ For a fuller description of the effects of a Clean Data
Determination, see Section III.A of this preamble.
---------------------------------------------------------------------------

    The EPA is soliciting comments on this proposal for determining
that these areas did not attain the 2008 ozone NAAQS by the Moderate
area attainment date.

D. Serious Area SIP Revision Submission Deadlines and RACT
Implementation Deadlines

    Moderate nonattainment areas that failed to attain the 2008 ozone
NAAQS by the attainment date will be reclassified as Serious by
operation of law upon the effective date of the final reclassification
notice. Each responsible state air agency must submit SIP revisions
that satisfy the air quality planning requirements for a Serious area
under CAA section 182(c).
    On July 20, 2012, when final nonattainment designations became
effective for the 2008 ozone NAAQS, states responsible for areas
initially classified as Serious were required to prepare and submit SIP
revisions by deadlines relative to that effective date. For those
areas, the deadlines ranged from 2 to 4 years after July 20, 2012,
depending on the SIP ``element'' required (e.g., 2 years for the RACT
SIP and 4 years for the attainment demonstration). Since those
deadlines were passed, the EPA is proposing to use its discretion under
CAA section 182(i) to adjust the SIP deadlines that would otherwise
apply. Thus, the EPA is proposing that each state within which all or
part of an area reclassified to Serious is located shall submit SIP
revisions according to the following adjusted schedules:

    1. Due date for non-RACT Serious area SIP revisions, SIP revisions,
and implementation deadline for RACT tied to attainment. The EPA
proposes that states submit all SIP revisions--with the exception of
any RACT revisions not needed for attainment purposes--no later than 12
months after the effective date of the final reclassification
notice.\25\ The state submittal requirements for attainment plans, in
general, are provided under CAA section 172(c); the SIP requirements
that apply to Serious areas for the 2008 ozone NAAQS are listed under
CAA section 182(c) and include: (1) Enhanced monitoring; (2) attainment
demonstration and reasonable further progress (RFP) plan; (3) an
enhanced vehicle inspection and maintenance program, if applicable; (4)
clean-fuel vehicle programs and transportation control; (5)
nonattainment New Source Review program revisions; and (6) contingency
measures. States must also provide an analysis of--and adopt all--RACM,
including RACT needed for purposes of meeting RFP or timely attaining
the NAAQS. Such an analysis should include: (1) An evaluation of
controls for sources emitting 100 tons per year (tpy) or more that may
have become reasonably available since the January 1, 2017, Moderate
area deadline for adopting and implementing RACT, and (2) an evaluation
of controls for sources emitting 50 tpy or more that are currently
reasonably available, consistent with the Serious area classification.
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    \25\ The EPA has long taken the position that the statutory
requirement for states to assess and adopt RACT for sources in ozone
nonattainment areas classified Moderate and higher generally exists
independently from the attainment planning requirements for such
areas. See Memo from John Seitz, ``Reasonable Further Progress,
Attainment Demonstration, and Related Requirements for Ozone
Nonattainment Areas Meeting the Ozone National Ambient Air Quality
Standard'' (1995), at 5 (explaining that Subpart 2 requirements
linked to the attainment demonstration are suspended by a finding
that a nonattainment area is attaining but that requirements such as
RACT must be met whether or not an area has attained the standard);
see also 40 CFR 51.1118 (suspending attainment demonstrations, RACM,
RFP, contingency measures, and other attainment planning SIPs with a
finding of attainment). In addition to the independent RACT
requirement, states have a statutory obligation to apply RACM
(including such reductions in emissions from existing sources in the
area as may be obtained through implementation of RACT) to meet RFP
requirements and to demonstrate attainment as expeditiously as
practicable. Therefore, to the extent that a state adopts new or
additional RACT controls to meet RFP requirements or to demonstrate
attainment as expeditiously as practicable, those states must
include such RACT revisions with the other SIP elements due as part
of the attainment plan required under CAA sections 172(c) and 182(c)
and must implement them by the same date as explained further in
Section III.D.3 of this notice.
---------------------------------------------------------------------------

    The ``schedule prescribed in connection with'' the attainment
planning requirements for Serious areas is 4 years from designation.
See CAA section 182(i). However, given the Serious area attainment date
of July 20, 2021, and the fact that these areas are reclassified rather
than newly designated Serious areas, the EPA proposes that a 12-month
deadline for the attainment planning requirements for all areas newly
reclassified as Serious ``is necessary and appropriate'' to assure
consistency among these submissions. Although not directly applicable,
the EPA notes that the analogous provision in the general nonattainment
area requirements in Subpart 1 also provides 12 months for submission
of a new attainment demonstration and associated controls after the EPA
determines that an area has failed to attain by its attainment date.
See CAA section 179(d). We also believe the proposed timeframe is
consistent with how the EPA handled setting SIP submission deadlines
for other nonattainment areas that were reclassified from Moderate to
Serious for past ozone NAAQS. Examples include Dallas-Ft. Worth,
Texas,\26\ an area reclassified in 2010 as Serious for the 1997 8-hour
ozone NAAQS, and the Beaumont-Port Arthur, Texas,\27\ and St. Louis,
Missouri,\28\ areas, reclassified in 2003 and 2004, respectively, from
Moderate to Serious for the 1979 1-hour ozone NAAQS. Twelve months
generally provides the time necessary for states and local air
districts to finish reviews of available control measures, adopt
revisions to necessary attainment strategies, address other SIP
requirements and complete the public notice process necessary to adopt
and submit timely SIP revisions.\29\
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    \26\ See 75 FR 79302, December 20, 2010, Dallas-Ft. Worth,
Texas, reclassification to Serious for the 1997 8-hour ozone NAAQS.
    \27\ See 69 FR 16483, March 30, 2004, Beaumont-Port Arthur,
Texas, reclassification to Serious for the 1979 1-hour ozone NAAQS.
    \28\ See 68 FR 4836, January 30, 2003, St. Louis, Missouri,
reclassification to Serious for the 1979 1-hour ozone NAAQS.
    \29\ Cf. CAA section 179(d)(1).
---------------------------------------------------------------------------

    The EPA also proposes that any RACT that states determine is needed
for meeting RFP or timely attainment of the 2008 ozone NAAQS must be
implemented by the date that the attainment plan is due, i.e., no later
than 12 months after the effective date of the final reclassification
notice. As a general matter, the Act requires implementation of those
requirements needed for timely attainment ``as expeditiously as
practicable.'' See CAA section 172(c)(1). The EPA believes that an
implementation deadline of 12 months from the effective date of the
reclassification is consistent with the requirement to act
expeditiously and moreover is consistent with the start of the
attainment year ozone season for all 2008 ozone NAAQS Serious areas,
which is the start of the 2020 ozone season. All emissions control
strategies designed to help areas attain the 2008 ozone NAAQS by the
applicable Serious area attainment date of July 20, 2021, or to qualify
for a 1-year extension of that attainment date, necessarily must be in
place and in effect no later than the start of the final full ozone
season preceding the attainment date, as that is the last ozone season
of air quality monitoring data that could affect the area's design
value as of the attainment date or would decide whether the area met
the 1-year extension air quality eligibility criterion (see 40 CFR
51.1108(d)). The EPA discusses its proposed deadlines for RACT SIP
revisions and implementation of RACT beyond what may be needed in a
Serious area for attainment purposes in Sections III.D.2 and III.D.3 of
this notice.
    The EPA seeks comment on its proposed date of 12 months from the
effective date of the final reclassification notice both for Serious
area SIP revisions to be due and the implementation deadline for any
RACT measures states determine necessary for meeting RFP or
demonstrating timely attainment in the area.
    2. Due date for additional Serious area RACT SIP revisions. For
Serious areas reclassified from Moderate, the requirement for RACT
expands to include all sources that emit, or have the potential to
emit, 50 tons per year (tpy) of VOC or NOX.\30\ State air
agencies responsible for Moderate areas are already required to
implement RACT for major sources,\31\ defined as sources that emit or
have the potential to emit 100 tpy.\32\ Thus, states must revise their
RACT SIPs to include those other sources emitting or having the
potential to emit 50 to 100 tpy. The EPA proposes that states submit
their SIP revisions for any RACT not otherwise needed for attainment
purposes by August 3, 2020. This deadline is anticipated to be
approximately 18 months after the effective date of the final
reclassification notice.
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    \30\ See CAA sections 182(c) and 182(f).
    \31\ See CAA section 182(b)(2) and 182(f).
    \32\ See CAA section 302(j).
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    This proposed deadline would align the Serious area RACT SIP
deadline for the 2008 ozone NAAQS with some of

the nonattainment area SIP revision deadlines associated with the 2015
ozone NAAQS.\33\ CAA section 182(i) provides that the Administrator may
adjust deadlines for reclassified areas ``to the extent such adjustment
is necessary or appropriate to assure consistency among the required
submissions.'' The EPA interprets ``consistency among the required
submissions'' to allow for consideration of ``required submissions''
for various ozone NAAQS that are being implemented simultaneously.
Since all the areas that would be reclassified to Serious upon the
effective date of the final reclassification notice are also designated
nonattainment for the 2015 ozone NAAQS or are in the Ozone Transport
Region (OTR), the responsible state air agencies are required under CAA
section 182 to submit SIP revisions for certain SIP elements for the
2015 ozone NAAQS within 2 years of the effective date of the
nonattainment area designations. The effective date of nonattainment
area designations for the 2015 ozone NAAQS was August 3, 2018, and,
therefore, the deadline for submitting nonattainment SIP revisions
associated with that standard would be August 3, 2020. Consistent with
CAA section 182(i), the EPA believes coordinating the SIP deadlines
related to the 2008 and 2015 ozone NAAQS for these nonattainment areas
is appropriate and could result in more effective implementation of the
NAAQS.
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    \33\ All the areas subject to reclassification in this notice
are among those designated nonattainment for the 2015 ozone NAAQS,
effective August 3, 2018 (see 83 FR 25776, June 4, 2018).
---------------------------------------------------------------------------

    Under CAA section 182(i), reclassified areas generally are required
to submit SIP revisions associated with their new classification
``according to the schedules prescribed in connection with such
requirements.'' CAA section 182(b)(2), which establishes the RACT
requirement for ozone nonattainment areas classified as Moderate or
above, and CAA section 184(b), which establishes RACT requirements for
areas in the ozone transport region, provide a 24-month schedule for
compliance with those requirements.\34\ Although the proposed deadline
of August 3, 2020, provides less than 24 months, the EPA believes the
anticipated timeframe is appropriate given coordination with the 2015
ozone NAAQS SIP deadlines and the nature of the submission, i.e.,
because states with newly reclassified Serious areas should already
have addressed RACT requirements commensurate with the Moderate area
classification.
---------------------------------------------------------------------------

    \34\ See 40 CFR 51.1112(a)(2).
---------------------------------------------------------------------------

    The EPA is proposing (and soliciting comments) on an August 3,
2020, deadline for RACT SIP revisions. The EPA is also taking comment
on whether allowing states a full 24 months from the effective date of
the final reclassification notice to submit SIP revisions for RACT not
otherwise needed for attainment purposes would yield a more desirable
end result in terms of emissions reductions and air quality benefits,
state processing and resource burden, and/or burden on emissions
sources.
    3. Implementation deadline for additional Serious area RACT. CAA
section 182(b)(2) establishes the RACT area requirements for ozone
areas designated and classified Moderate and higher.\35\ That
provision, which was written for the 1-hour ozone NAAQS, established a
deadline of five years from November 15, 1990, i.e., the date of
designation, for the implementation of RACT. In the 2008 ozone NAAQS
SIP Requirements Rule, the EPA interpreted this statutory deadline for
the 2008 standard by establishing a RACT implementation deadline of
January 1 of the fifth year after the effective date of nonattainment
designation, and explained that this was consistent with the maximum
timeframe provided under the CAA for implementing RACT in nonattainment
areas classified Moderate or higher.\36\ For nonattainment areas
initially classified as Moderate or higher for the 2008 ozone NAAQS and
for OTR states, RACT measures were required to be implemented by
January 1, 2017. Because that date has passed and cannot be applied to
the areas subject to reclassification by this action, the EPA is
proposing to set a new deadline of August 3, 2020, for implementation
of any new RACT requirements not otherwise needed for RFP or timely
attainment purposes.
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    \35\ CAA Section 182(b)(2) sets the RACT requirement for
Moderate areas, and the Act requires other higher-classified areas
to fulfill the CAA section 182(b) requirements. See CAA sections
182(c), (d), and (e) (requiring states with Serious, Severe, and
Extreme nonattainment areas, respectively, to fullfil the
obligations required of lower-classified areas).
    \36\ See 40 CFR 51.1112(a)(3); 80 FR 12264, 12280 (March 6,
2015).
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    This proposed deadline, approximately 18 months after the
anticipated effective date of the final reclassification notice, is the
same deadline proposed for the submission of the related RACT SIP
revisions discussed in Section III.D.2 of this notice. Ideally, SIP
submission deadlines would precede the implementation of control
strategies contained in those SIP submissions. However, given the
compressed timeframe available for states to meet the July 20, 2021,
attainment date for Serious areas, the EPA believes that, at the very
least, it is appropriate to align the deadline for RACT SIP submissions
with the deadline for implementation of any new controls contained in
that RACT SIP.
    The EPA acknowledges the fact that the majority of ozone
nonattainment areas in the country were designated and classified as
Marginal for the 2015 ozone NAAQS, and so will likely not be required
to have any additional RACT in place for the 2015 standard until 2023,
and only if such areas are eventually reclassified as Moderate.\37\
Providing a slightly longer timeframe (i.e., 18 months rather than 12
months) for implementation of any additional RACT for newly
reclassified Serious areas for the 2008 standards could lead states to
determine that additional controls are reasonable, thus helping areas
attain both the 2008 and 2015 standards more expeditiously.
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    \37\ See CAA section 182(b) and (c), as applied only to Moderate
areas and above. All areas in the OTR, regardless of classification
for the 2015 ozone NAAQS, would be required to have any additional
RACT in place for the 2015 ozone standard by RACT implementation
deadlines interpreted from CAA section 182(b) in EPA's final ``2015
Ozone NAAQS SIP Requirements Rule,'' which is forthcoming.
---------------------------------------------------------------------------

    The Moderate areas subject to reclassification by this proposed
action should have already implemented RACT for sources emitting 100
tpy or more of VOC or NOX. Therefore, at this stage, states
should be primarily focused on adopting and implementing new RACT
measures required to control sources emitting 50 to 100 tpy of VOC or
NOX. The EPA believes 18 months will provide adequate time
to implement any new controls determined to be RACT for this group of
sources. However, as noted above, areas originally classified as
Moderate and higher for the 2008 ozone NAAQS had just under five years
to implement ozone RACT requirements (by January 1 of the fifth year
after effective date of designation, i.e., January 1, 2017). By
contrast, areas reclassified from Marginal to Moderate for the 2008
ozone NAAQS in 2016 became subject to the RACT requirement less than
seven months (and in one case significantly less than seven months)
before the RACT implementation deadline.\38\ \39\ In some areas, states
may have been able to adopt additional RACT controls had

there been additional time to implement them. The EPA, therefore, seeks
comment on whether an extended RACT implementation deadline--beyond
August 3, 2020, but no later than January 1 of the fifth year after
effective date of reclassification to Serious (i.e., January 1, 2024)--
would yield additional and substantial emission reductions in newly-
reclassified Serious areas (beyond what could be achieved by the due
date of August 3, 2020, proposed in this notice) to justify an extended
compliance due date for RACT not otherwise needed in an area for timely
attainment by the July 20, 2021, attainment date for Serious areas.
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    \38\ See 81 FR 26697; May 4, 2016.
    \39\ See 81 FR 90207, December 14, 2016, Houston-Galveston-
Brazoria, Texas, reclassification to Moderate for the 2008 8-hour
ozone NAAQS.
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    In summary, the EPA is propsing (and soliciting comments) on an
August 3, 2020, deadline for implementing RACT in newly reclassified
Serious nonattainment areas for the 2008 ozone NAAQS. The EPA is also
taking comment on an extended deadline up to January 1, 2024, for
implementing RACT in newly reclassified Serious nontainment areas for
the 2008 ozone NAAQS.

IV. Environmental Justice Considerations

    The EPA believes that this proposed action will not have
disproportionately high or adverse human health or environmental
effects on minority, low-income, or indigenous populations.
    The purpose of this rule is to make the determination whether
certain areas attained the 2008 ozone NAAQS by the attainment date,
which is required by the CAA for purposes of implementing the 2008
ozone NAAQS. As such, this action does not directly affect the level of
protection provided for human health or the environment. Moreover, it
is intended that the actions and deadlines resulting from this notice
will lead to greater protection for United States citizens, including
minority, low-income, or indigenous populations, by ensuring that
states meet their statutory obligation to develop and submit SIPs to
ensure that areas make progress toward attaining the 2008 ozone NAAQS.

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 expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This rule does not impose any new information collection burden
under the PRA not already approved by the Office of Management and
Budget. This action proposes to: (1) Find that certain Moderate ozone
nonattainment areas listed in Table 1 failed to attain the 2008 NAAQS
by the applicable attainment date; (2) identify those areas subject to
reclassification as Serious ozone nonattainment areas by operation of
law upon the effective date of the reclassification notice; and (3)
adjust any applicable implementation deadlines. Thus, the proposed
action does not establish any new information collection burden that
has not already been identified and approved in the EPA's information
collection request.\40\
---------------------------------------------------------------------------

    \40\ On April 30, 2018, the OMB approved EPA's request for
renewal of the previously approved information collection request
(ICR). The renewed request expires on April 30, 2021, 3 years after
the approval date (see OMB Control Number 2060-0695 and ICR
Reference Number<PHONE_NUMBER>-003 for EPA ICR No. 2347.03).
---------------------------------------------------------------------------

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. The proposed
determinations of attainment and failure to attain the 2008 ozone NAAQS
(and resulting reclassifications), and the proposed determination to
grant 1-year attainment date extensions do not in and of themselves
create any new requirements beyond what is mandated by the CAA.
Instead, this rulemaking only makes factual determinations, and does
not directly regulate any entities.

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. This action imposes no enforceable duty on any
state, local or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, tribes, or the relationship
between the national government and the states and tribes, 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 has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. The EPA has identified a
few tribal areas implicated in the 11 areas covered by the EPA's action
proposing determinations of attainment for the 2008 ozone NAAQS. The
EPA intends to communicate with potentially affected tribes located
within the boundaries of the nonattainment areas for the 2008 ozone
NAAQS as the agency moves forward in developing a final rule.

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 That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer Advancement Act (NTTAA)

    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 the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. The results of this evaluation are contained
in the section of the preamble titled ``Environmental Justice
Considerations.''

List of Subjects

40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications, Incorporation
by reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements and Volatile organic
compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, and Volatile organic compounds.

    Dated: November 7, 2018.
William L. Wehrum,
Assistant Administrator.
[FR Doc. 2018-24816 Filed 11-13-18; 8:45 am]
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