[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Rules and Regulations]
[Pages 76408-76411]
[FR Doc No: 2012-31136]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0998]
RIN 1625-AA00

Safety Zone, Upper Mississippi River MM 35.0 to MM 55.0; Thebes,
IL and Cape Girardeau, MO, and MM 75.0 to MM 85.0; Grand Tower, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Upper Mississippi River, extending the entire width
between miles 35.0 to 55.0, and miles 75.0 to 85.0 from December 15,
2012 until March 31, 2013. This safety zone

is needed to protect persons, property and infrastructure from the
potential damage and safety hazards associated with contractor
operations for the US Army Corps of Engineers to remove underwater rock
pinnacles from the Upper Mississippi River. Removal of the underwater
rock pinnacles is vital to ensuring the safe navigation of vessels in
these stretches of river in low water situations. Entry into this zone
is prohibited unless specifically authorized by the Captain of the Port
Ohio Valley or a designated representative.

DATES: This rule is effective in the CFR on December 28, 2012 through
March 31, 2013. This rule is effective with actual notice for purposes
of enforcement on December 15, 2012. This rule will remain in effect
through March 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0998. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9:00 a.m. and 5:00
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Dan McQuate, Marine Safety
Unit Paducah Waterways Management Branch, U.S. Coast Guard; telephone
270-442-1621, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
USACE United States Army Corps of Engineers
RIAC River Industry Action Committee

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule.
    The US Army Corps of Engineers (USACE) originally planned to have a
contractor remove underwater rocks in the Thebes, IL and Grand Tower,
IL areas on the Upper Mississippi River beginning in mid-February 2013.
The operation was planned to occur in the UMR from mile 38.0 to mile
46.0, and mile 78.0 to mile 80.0. This operation also included the
loading of explosives onto vessels at any number of facilities in Cape
Girardeau, MO, Thebes, IL, and/or Grand Tower, IL.
    The Coast Guard was planning to publish a notice of proposed
rulemaking for this zone. However, on Wednesday December 5, 2012, the
USACE St. Louis District notified the Coast Guard that due to extreme
low water, and the role that would play in restricting vessel drafts on
the Upper Mississippi River in Thebes, IL, they were able to award a
contract to begin rock removal operations no later than December 15,
2012, and this removal operation could continue to March 31, 2013.
Therefore, there is not sufficient time to publish an NPRM and receive
public comment before this safety zone would be needed to protect the
public from the hazards associated with the removal operations.
Delaying this rulemaking to provide a comment period before
implementing the necessary safety zone would be impracticable and
contrary to the public interest because it would delay the immediate
action needed to protect persons, property and infrastructure from the
potential damage and safety hazards associated with the USACE
contractors underwater rock removal operations.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Providing 30 days
notice and delaying its effective date would be impracticable and
contrary to public interest because immediate action is needed to
protect persons, property and infrastructure from the potential damage
and safety hazards associated with the USACE contractors underwater
rock removal operations.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
    The purpose of this safety zone is to protect persons, property and
infrastructure from the potential damage and safety hazards associated
with contractor blasting operations for the USACE to remove underwater
rock pinnacles from the Upper Mississippi River. Removal of the
underwater rock pinnacles is vital to ensuring the safe navigation of
vessels in these stretches of river in low water situations. Without
this safety zone the public could be placed in danger during the
loading, preparation to set, and detonation of explosives being used
during this operation, and the removal of the debris following the
blasting operations.

C. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone for all
vessels on the Upper Mississippi River between miles 35.0 and 55.0, and
miles 75.0 and 85.0 from December 15, 2012 until March 31, 2013. The
USACE has contracted workers to blast underwater rock pinnacles
throughout these stretches of the river. There is currently no set
schedule for this operation, so the safety zone will be effective from
December 15, 2012 until March 31, 2013, while the enforcement times and
exact mile markers impacted for each closure of this safety zone will
be coordinated between the Coast Guard, USACE, and the River Industry
Action Committee (RIAC). Additionally, the Coast Guard will provide
advanced notice of enforcement periods via broadcast notice to mariners
and through coordination with the RIAC. During the enforcement period,
entry into this zone will be prohibited to all vessels and persons
unless specifically authorized by the Captain of the Port (COTP) Sector
Ohio Valley or a designated representative. The COTP Sector Ohio Valley
will consider entry into and transit through the safety zone on a case-
by-case basis. Any exceptions to these operational restrictions will
require authorization by the COTP Ohio Valley or a designated
representative. The COTP or a designated representative may be
contacted by telephone at<PHONE_NUMBER>.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. While stretches of the
Upper Mississippi River will be closed to all vessel traffic during
enforcement, this will be for a short period of time. Vessels could
experience delays throughout this project, but the operations will be
coordinated to allow intermittent passage of vessels when deemed safe.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the Upper Mississippi River between miles 35.0 and 55.0, and miles 75.0
and 85.0 from December 15, 2012 to March 31, 2013. Traffic in this area
is limited almost entirely to recreational vessels and commercial
towing vessels. All traffic passage will be prohibited unless
specifically authorized by COTP Ohio Valley. If this operation is not
carried out, when the Upper Mississippi River reaches low water levels,
the rock pinnacles that are being removed in this operation could
prohibit all vessel traffic from safely transiting the area. Before the
activation of the safety zone, the Coast Guard will coordinate any
closures with the USACE and RIAC, and issue broadcast notices to
mariners to users of the river. This safety zone will not have a
significant economic impact on a substantial number of small entities.
Traffic in this area is limited to almost entirely recreational vessels
and commercial towing vessels.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security

Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves restricting vessel traffic on a cumulative 30 mile
stretch of the UMR to keep waterway users safe during a USACE
contractor's rock pinnacle removal operations. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist and a categorical exclusion determination will be made
available as indicated under the ADDRESSES section.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
2. A new temporary Sec.  165.T08-0998 is added to read as follows:

Sec.  165.T08-0998  Safety Zone; Upper Mississippi River MM 35.0 to
55.0, Thebes, IL and Cape Girardeau, MO, and MM 75.0 to 85.0, Grand
Tower, IL.

    (a) Location. The following area is a safety zone: All waters of
the Upper Mississippi River between miles 35.0 and 55.0, extending the
entire width of the river, and all waters of the Upper Mississippi
River between miles 75.0 and 85.0, extending the entire width of the
river.
    (b) Effective dates. This safety zone is effective from December
15, 2012 to March 31, 2013.
    (c) Enforcement Period and Informational Broadcasts: This safety
zone will only be enforced for certain periods between the effective
dates, when the Army Corps of Engineer's contractors are conducting
rock removal operations. The Captain of the Port (COTP) Ohio Valley or
designated representatives will provide advance notice to the public of
the enforcement periods and locations for the safety zone and of any
changes in the effective period of the safety zone through broadcast
notices to mariners and through coordination with River Industry Action
Committee.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone by all vessels during
the enforcement period is prohibited unless authorized by the COTP Ohio
Valley or a designated representative.
    (2) Vessels requiring entry into or passage through the zone must
contact the lead vessel on scene, or Coast Guard Sector Ohio Valley on
VHF-FM channel 13 or 16. The lead vessel on scene will be announced via
broadcast notice to mariners.
    (3) All persons and vessels shall comply with the instructions of
the COTP Ohio Valley and designated on-scene patrol personnel. On-scene
patrol personnel include commissioned, warrant, and petty officers of
the U.S. Coast Guard.

    Dated: December 12, 2012.
L. W. Hewett,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2012-31136 Filed 12-27-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Notices]
[Page 48542]
[FR Doc No: 2013-19191]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection:
Representatives of the Administrator

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on May 20, 2013, vol. 78, no. 97, pages 29426-29427. The
collection of information is for the purpose of obtaining essential
information concerning the applicant's professional and personal
qualifications. The FAA uses the information provided to screen and
select designees who act as representatives of the FAA Administrator in
performing various certification and examination functions under Title
VI of Federal Aviation Act.

DATES: Written comments should be submitted by September 9, 2013.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0033.
    Title: Representatives of the Administrator.
    Form Numbers: FAA forms 8110-14, 8110-28, 8710-6, 8710-10.
    Type of Review: Renewal of an information collection.
    Background: Title 49, United States Code, Section 44702 authorizes
the appointment of appropriately qualified persons to be
representatives of the Administrator to allow those persons to examine,
test and certify other persons for the purpose of issuing them pilot
and instructor certificates. The collection of information is for the
purpose of obtaining essential information concerning the applicant's
professional and personal qualifications.
    Respondents: Approximately 5,015 applicants annually.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 1.5 hours.
    Estimated Total Annual Burden: 7,098 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on August 2, 2013.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2013-19191 Filed 8-7-13; 8:45 am]
BILLING CODE 4910-13-P


areas for estimating the burden for states to meet their 2015 ozone
nonattainment area requirements. The hypothetical nonattainment
areas were based on the preliminary 2013-2015 air quality data
available. The hypothetical nonattainment areas include multiple
counties for most areas based on the existing 2008 and 1997 8-hour
ozone nonattainment areas, Combined Statistical Area, or Core Based
Statistical Area boundary associated with a violating monitor. Note
that these areas are used for analytical purposes only. Actual
nonattainment areas and boundaries are determined through the
designations process.
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    Air agencies with areas that have been previously designated
nonattainment should already have information from many emission
sources, as facilities should have provided this information to meet 1-
hour, 1997 and/or 2008 ozone NAAQS SIP requirements, operating permit
program requirements and/or emissions reporting requirements.
    The annual burden for information collection averaged over the
first 3 years of the ICR is estimated to be a total of 41,800 labor
hours per year at an annual labor cost of $2.5 million (present value)
or approximately $107,000 per state for the estimated 23 state air
agency respondents. The ICR Supporting Statement for the 2015 8-hour
Ozone NAAQS Implementation Rule, EPA ICR No. 2347.03, provided in the
docket, provides the details for the 23 state air agencies that would
be required to provide the estimated 66 SIP revisions for the 57
hypothetical areas designated nonattainment for the 2015 ozone
standard. The average annual reporting burden is 633 hours per
response, with approximately 2.87 responses per state for 66 state
responses from the state air agencies. There are no capital or
operating and maintenance costs associated with the proposed rulemaking
requirements.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final 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 and local
governments and none of these governments are small governments. Other
types of small entities are not directly subject to the requirements of
this rule because this action only addresses how a SIP will provide for
adequate attainment and maintenance of the NAAQS and meet the
obligations of the CAA. Although some states may ultimately decide to
impose economic impacts on small entities, that is not required by this
rule and would only occur at the discretion of the state.

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 imposes no enforceable duty on any state,
local or tribal governments or the private sector. The CAA imposes the
obligation for states to submit attainment plans to implement the ozone
NAAQS. In this rule, the EPA is clarifying those requirements.
Therefore, this action is not subject to the requirements of sections
202, 203 and 205 of the UMRA.

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 is required to develop a TIP
under these regulatory revisions. Furthermore, these regulation
revisions do not affect the relationship or distribution of power and
responsibilities between the federal government and tribes. The CAA and
the TAR 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.
    Although there were no substantial direct impacts on tribes,
consistent with the February 2014 ``OAR Handbook for Interacting with
Tribal Governments,'' and the ``EPA Policy on Consultation and
Coordination with Indian Tribes.'' the EPA briefed tribal officials
during the development of this action.

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 implements a previously promulgated health or safety-
based federal standard established pursuant to the CAA.

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
documentation for this decision is contained in Section VI 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.''
    The EPA is determining that this rule for the 2015 ozone NAAQS SIP
requirements is ``nationally applicable'' within the meaning of CAA
section 307(b)(1). First, the rulemaking addresses implementation of
the NAAQS that applies to all states and territories in the U.S.
Second, the rulemaking addresses planning requirements for potential
nonattainment areas in states across the U.S. that are located in
various EPA regions and numerous federal circuits. Third, the
rulemaking addresses a common core of knowledge and analysis involved
in formulating the decisions and a common interpretation of the
requirements of the CAA being applied to potential nonattainment areas
in states across the country. Courts have found similar implementation
rulemaking actions to be nationally applicable.\90\
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    \90\ See, e.g., Texas v. EPA, 2011 U.S. App. LEXIS 5654 (5th
Cir. 2011) (finding SIP call to 13 states to be nationally
applicable 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)).
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    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 February 4, 2019. 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 to
enforce these requirements.

VIII. Statutory Authority

    The statutory authority for this action is provided by sections
109; 110; 172; 181 through 185B; 301(a)(1) and 501(2)(B) of the CAA, as
amended (42 U.S.C. 7409; 42 U.S.C. 7410; 42 U.S.C. 7502; 42 U.S.C.
7511-7511f; 42 U.S.C. 7601(a)(1); 42 U.S.C. 7661(2)(B)).

List of Subjects in 40 CFR Part 51

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Particulate matter, Transportation,
Volatile organic compounds.

    Dated: November 7, 2018.
Andrew R. Wheeler,
Acting Administrator.
    For the reasons stated in the preamble, Title 40, Chapter I of the
Code of Federal Regulations 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. In Appendix A to subpart A of part 51: revise Table 1 to read as
follows:

Appendix A to Subpart A of Part 51--Tables

 Table 1 to Appendix A of Subpart A--Emission Thresholds \1\ by Pollutant for Treatment as Point Source Under 40
                                                    CFR 51.30
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                                            Every-year                           Triennial
                                         -----------------------------------------------------------------------
                Pollutant                 Type A sources
                                                \2\             Type B sources              NAA sources \3\
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(1) SO2.................................          >=2500  >=100.....................  >=100.
                                          ..............  ..........................  PM2.5 (Serious) >=70.
(2) VOC.................................           >=250  >=100.....................  >=100.
                                          ..............  within OTR \4\ >=50.......  within OTR >=50.
                                          ..............  ..........................  O3 (Serious) >=50.
                                          ..............  ..........................  O3 (Severe) >=25.
                                          ..............  ..........................  O3 (Extreme) >=10.
                                          ..............  ..........................  PM2.5 (Serious) >=70.

(3) NOX.................................          >=2500  >=100.....................  >=100.
                                          ..............  ..........................  O3 (Serious) >=50.
                                          ..............  ..........................  O3 (Severe) >=25.
                                          ..............  ..........................  O3 (Extreme) >=10.
                                          ..............  ..........................  PM2.5 (Serious) >=70.
(4) CO..................................          >=2500  >=1000....................  >=1000.
                                          ..............  ..........................  CO (all areas) >=100.
(5) Lead................................  ..............  >=0.5 (actual)............  >=0.5 (actual).
(6) Primary PM10........................           >=250  >=100.....................  >=100.
                                          ..............  ..........................  PM10 (Serious) >=70.
(7) Primary PM2.5.......................           >=250  >=100.....................  >=100.
                                          ..............  ..........................  PM2.5 (Serious) >=70.
(8) NH3.................................           >=250  >=100.....................  >=100.
                                          ..............  ..........................  PM2.5 (Serious) >=70.
----------------------------------------------------------------------------------------------------------------
\1\ Thresholds for point source determination shown in tons per year of potential to emit as defined in 40 CFR
  part 70, with the exception of lead. Reported emissions should be in actual tons emitted for the required time
  period.
\2\ Type A sources are a subset of the Type B sources and are the larger emitting sources by pollutant.
\3\ NAA = Nonattainment Area. The point source reporting thresholds vary by attainment status for SO2, VOC, NOX,
  CO, PM10, PM2.5, and NH3.
\4\ OTR = Ozone Transport Region (see 40 CFR 51.1300(k)).

* * * * *

0
3. In Sec.  51.165, revise paragraph (a)(11) to read as follows:

Sec.  51.165   Permit requirements.

    (a) * * *
    (11) Interpollutant offsetting, or interpollutant trading or
interprecursor trading or interprecursor offset substitution--The plan
shall require that in meeting the emissions offset requirements of
paragraph (a)(3) of this section, the emissions offsets obtained shall
be for the same regulated NSR pollutant unless interprecursor
offsetting is permitted for a particular pollutant as specified in this
paragraph. (a)(3) of this section, the emissions offsets obtained shall
be for the same regulated NSR pollutant unless interprecursor
offsetting is permitted for a particular pollutant as specified in this
paragraph.
    (i) The plan may allow the offset requirement in paragraph (a)(3)
of this section for emissions of the ozone precursors NOX
and VOC to be satisfied, where appropriate, by offsetting reductions of
actual emissions of either of those precursors, if all other
requirements contained in this section for such offsets are also
satisfied.
    (A) The plan shall indicate whether such precursor substitutions
for ozone precursors are to be based on an area-specific default ratio
(default ratio) for the applicable ozone nonattainment area,
established in regulations as part of the approved plan, or default IPT
ratios for an applicable ozone nonattainment area established in
advance by an air agency that are presumed to be appropriate for each
permit application in the area, absent contrary information in the
record of an individual permit application, or case-specific ratios
established for individual permits.
    (B)(1) Where a state seeks to use a default IPT ratio that is not
part of the approved plan, the plan shall include the following to
authorize the development of a default ratio for a particular ozone
nonattainment area, including a revised default ratio resulting from
the periodic review required under paragraph (a)(11)(i)(B)(2) of this
section:
    (i) A description of the model(s) that will be used to develop any
default ratio;
    (ii) A description of the approach that will be used to analyze
modeling data, ambient monitoring data, and emission inventory data to
determine the sensitivity of an area to emissions of ozone precursors
in the formation of ground-level ozone; and
    (iii) A description of the modeling demonstration that will be used
to show that the default ratio provides an equivalent or greater air
quality benefit with respect to ground level concentrations in the
ozone nonattainment area than an offset of the emitted precursor would
achieve.
    (2) The plan shall require that for any default ratio for ozone,
the reviewing authority shall evaluate that ratio at least every 5
years to determine whether current conditions support the continued use
of such ratio.
    (C) The plan shall require that, for any case-specific permit ratio
for ozone proposed by a permit applicant to be used for a particular
permit, the following information shall be submitted to the reviewing
authority to support approval of the ratio:
    (1) The description of the air quality model(s) used to propose a
case-specific ratio; and
    (2) the proposed ratio for the precursor substitution and
accompanying calculations; and
    (3) a modeling demonstration showing that such ratio(s) as applied
to the proposed project and credit source will provide an equivalent or
greater air quality benefit with respect to ground level concentrations
in the ozone nonattainment area than an offset of the emitted precursor
would achieve.
    (ii) The plan may allow the offset requirements in paragraph (a)(3)
of this section for direct PM2.5 emissions or emissions of
precursors of PM2.5 to be satisfied by offsetting reductions
in direct PM2.5 emissions or emissions of any
PM2.5 precursor identified under paragraph (a)(1)(xxxvii)(C)
of this section if such offsets comply with the interprecursor trading
hierarchy and ratio established in the approved plan for a particular
nonattainment area.
* * * * *

0
4. In Sec.  51.1300 add paragraphs (f) through (q) to read as follows:

Sec.  51.1300  Definitions.

* * * * *
    (f) 2008 ozone NAAQS means the 2008 8-hour primary and secondary
ozone NAAQS codified at 40 CFR 50.15.
    (g) Attainment year ozone season shall mean the ozone season

immediately preceding a nonattainment area's maximum attainment date.
    (h) Initially designated means the first designation that becomes
effective for an area for a specific NAAQS and does not include a
redesignation to attainment or nonattainment for that specific NAAQS.
    (i) Nitrogen Oxides (NOX) means the sum of nitric oxide
and nitrogen dioxide in the flue gas or emission point, collectively
expressed as nitrogen dioxide.
    (j) Ozone season means for each state (or portion of a state), the
ozone monitoring season as defined in 40 CFR part 58, appendix D,
section 4.1(i) for that state (or portion of a state).
    (k) Ozone transport region (OTR) means the area established by CAA
section 184(a) or any other area established by the Administrator
pursuant to CAA section 176A for purposes of ozone.
    (l) Reasonable further progress (RFP) means the emissions
reductions required under CAA sections 172(c)(2), 182(c)(2)(B),
182(c)(2)(C), and Sec.  51.1310. The EPA interprets RFP under CAA
section 172(c)(2) to be an average 3 percent per year emissions
reduction of either VOC or NOX.
    (m) Rate-of-progress (ROP) means the 15 percent progress reductions
in VOC emissions over the first 6 years after the baseline year
required under CAA section 182(b)(1).
    (n) I/M refers to the inspection and maintenance programs for in-
use vehicles required under the 1990 CAA Amendments and defined by
subpart S of 40 CFR part 51.
    (o) Current ozone NAAQS means the most recently promulgated ozone
NAAQS at the time of application of any provision of this subpart.
    (p) Base year inventory for the nonattainment area means a
comprehensive, accurate, current inventory of actual emissions from
sources of VOC and NOX emitted within the boundaries of the
nonattainment area as required by CAA section 182(a)(1).
    (q) Ozone season day emissions means an average day's emissions for
a typical ozone season work weekday. The state shall select, subject to
EPA approval, the particular month(s) in the ozone season and the
day(s) in the work week to be represented, considering the conditions
assumed in the development of RFP plans and/or emissions budgets for
transportation conformity.

0
5. Adding Sec. Sec.  51.1304 through 51.1319 to subpart CC to read as
follows:
Sec.
Subpart CC--Provisions for Implementation of the 2015 Ozone National
Ambient Air Quality Standards
* * * * *
51.1304-51.1305 [Reserved]
51.1306 Redesignation to nonattainment following initial
designations.
51.1307 Determining eligibility for 1-year attainment date
extensions for an 8-hour ozone NAAQS under CAA section 181(a)(5).
51.1308 Modeling and attainment demonstration requirements.
51.1309 [Reserved]
51.1310 Requirements for reasonable further progress (RFP).
51.1311 [Reserved]
51.1312 Requirements for reasonably available control technology
(RACT) and reasonably available control measures (RACM).
51.1313 Section 182(f) NOX exemption provisions.
51.1314 New source review requirements.
51.1315 Emissions inventory requirements.
51.1316 Requirements for an Ozone Transport Region.
51.1317 Fee programs for Severe and Extreme nonattainment areas that
fail to attain.
51.1318 Suspension of SIP planning requirements in nonattainment
areas that have air quality data that meet an ozone NAAQS.
51.1319 [Reserved]

Subpart CC--Provisions for Implementation of the 2015 Ozone
National Ambient Air Quality Standards

* * * * *

Sec. Sec.  51.1304-51.1305   [Reserved]

Sec.  51.1306  Redesignation to nonattainment following initial
designations.

    For any area that is initially designated attainment for the 2015
ozone NAAQS and that is subsequently redesignated to nonattainment for
the 2015 ozone NAAQS, any absolute, fixed date applicable in connection
with the requirements of this part other than an attainment date is
extended by a period of time equal to the length of time between the
effective date of the initial designation for the 2015 ozone NAAQS and
the effective date of the redesignation, except as otherwise provided
in this subpart. The maximum attainment date for a redesignated area
would be based on the area's classification, consistent with Table 1 in
Sec.  51.1303.

Sec.  51.1307   Determining eligibility for 1-year attainment date
extensions for an 8-hour ozone NAAQS under CAA section 181(a)(5).

    (a) A nonattainment area will meet the requirement of CAA section
181(a)(5)(B) pertaining to 1-year extensions of the attainment date if:
    (1) For the first 1-year extension, the area's 4th highest daily
maximum 8-hour average in the attainment year is no greater than the
level of that NAAQS.
    (2) For the second 1-year extension, the area's 4th highest daily
maximum 8-hour value, averaged over both the original attainment year
and the first extension year, is no greater than the level of that
NAAQS.
    (b) For purposes of paragraph (a)(1) of this section, the area's
4th highest daily maximum 8-hour average for a year shall be from the
monitor with the highest 4th highest daily maximum 8-hour average for
that year of all the monitors that represent that area.
    (c) For purposes of paragraph (a)(2) of this section, the area's
4th highest daily maximum 8-hour value, averaged over both the original
attainment year and the first extension year, shall be from the monitor
in each year with the highest 4th highest daily maximum 8-hour average
of all monitors that represent that area.

Sec.  51.1308  Modeling and attainment demonstration requirements.

    (a) An area classified Moderate under Sec.  51.1303(a) shall submit
an attainment demonstration that provides for such specific reductions
in emissions of VOCs and NOX as necessary to attain the
primary NAAQS by the applicable attainment date, and such demonstration
is due no later than 36 months after the effective date of the area's
designation for the 2015 ozone NAAQS.
    (b) An area classified Serious or higher under Sec.  51.1303(a)
shall be subject to the attainment demonstration requirement applicable
for that classification under CAA section 182(c), and such
demonstration is due no later than 48 months after the effective date
of the area's designation for the 2015 ozone NAAQS.
    (c) An attainment demonstration due pursuant to paragraph (a) or
(b) of this section must meet the requirements of Appendix W of this
part and shall include inventory data, modeling results, and emission
reduction analyses on which the state has based its projected
attainment date; the adequacy of an attainment demonstration shall be
demonstrated by means of a photochemical grid model or any other
analytical method determined by the Administrator, in the
Administrator's discretion, to be at least as effective.
    (d) Implementation of control measures. For each nonattainment area
for which an attainment demonstration is required pursuant to paragraph
(a) or (b) of this section, the state must provide for implementation
of all

control measures needed for attainment as expeditiously as practicable.
All control measures in the attainment plan and demonstration must be
implemented no later than the beginning of the attainment year ozone
season, notwithstanding any alternate RACT and/or RACM implementation
deadline requirements in Sec.  51.1312.

Sec.  51.1309  [Reserved]

Sec.  51.1310   Requirements for reasonable further progress (RFP).

    (a) RFP for nonattainment areas classified pursuant to Sec.
51.1303. The RFP requirements specified in CAA section 182 for that
area's classification shall apply.
    (1) Submission deadline. For each area classified Moderate or
higher pursuant to Sec.  51.1303, the state shall submit a SIP revision
no later than 36 months after the effective date of designation as
nonattainment for the 2015 ozone NAAQS that provides for RFP as
described in paragraphs (a)(2) through (4) of this section.
    (2) RFP requirements for areas with an approved prior ozone NAAQS
15 percent VOC ROP plan. An area classified Moderate or higher that has
the same boundaries as an area, or is entirely composed of several
areas or portions of areas, for which the EPA fully approved a 15
percent plan for a prior ozone NAAQS is considered to have met the
requirements of CAA section 182(b)(1) for the 2015 ozone NAAQS and
instead:
    (i) If classified Moderate, the area is subject to the RFP
requirements under CAA section 172(c)(2) and shall submit a SIP
revision that:
    (A) Provides for a 15 percent emission reduction from the baseline
year within 6 years after the baseline year; and
    (B) Relies on either NOX or VOC emissions reductions (or
a combination) to meet the requirements of paragraph (a)(2)(i)(A) of
this section. Use of NOX emissions reductions must meet the
criteria in CAA section 182(c)(2)(C).
    (ii) If classified Serious or higher, the area is subject to RFP
under CAA sections 172(c)(2) and 182(c)(2)(B), and shall submit a SIP
revision no later than 48 months after the effective date of
designation providing for an average emissions reduction of 3 percent
per year:
    (A) For the first 6-year period after the baseline year and all
remaining 3-year periods until the year of the area's attainment date;
and
    (B) That relies on either NOX or VOC emissions
reductions (or a combination) to meet the requirements of
(a)(2)(ii)(A). Use of NOX emissions reductions must meet the
criteria in CAA section 182(c)(2)(C).
    (3) RFP requirements for areas for which an approved 15 percent VOC
ROP plan for a prior ozone NAAQS exists for only a portion of the area.
An area that contains one or more portions for which the EPA fully
approved a 15 percent VOC ROP plan for a prior ozone NAAQS (as well as
portions for which the EPA has not fully approved a 15 percent plan for
a prior ozone NAAQS) shall meet the requirements of either paragraph
(a)(3)(i) or (ii) of this section.
    (i) The state shall not distinguish between the portion of the area
with a previously approved 15 percent ROP plan and the portion of the
area without such a plan, and shall meet the requirements of paragraph
(a)(4) of this section for the entire nonattainment area.
    (ii) The state shall treat the area as two parts, each with a
separate RFP target as follows:
    (A) For the portion of the area without an approved 15 percent VOC
ROP plan for a prior ozone NAAQS, the state shall submit a SIP revision
as required under paragraph (a)(4) of this section.
    (B) For the portion of the area with an approved 15 percent VOC ROP
plan for a prior ozone NAAQS, the state shall submit a SIP as required
under paragraph (a)(2) of this section.
    (4) ROP Requirements for areas without an approved prior ozone
NAAQS 15 percent VOC ROP plan. (i) For each area, the state shall
submit a SIP revision consistent with CAA section 182(b)(1). The 6-year
period referenced in CAA section 182(b)(1) shall begin January 1 of the
year following the year used for the baseline emissions inventory.
    (ii) For each area classified Serious or higher, the state shall
submit a SIP revision consistent with CAA section 182(c)(2)(B). The
final increment of progress must be achieved no later than the
attainment date for the area.
    (5) Creditability of emission control measures for RFP plans.
Except as specifically provided in CAA section 182(b)(1)(C) and (D),
CAA section 182(c)(2)(B), and 40 CFR 51.1310(a)(6), all emission
reductions from SIP-approved or federally promulgated measures that
occur after the baseline emissions inventory year are creditable for
purposes of the RFP requirements in this section, provided the
reductions meet the requirements for creditability, including the need
to be enforceable, permanent, quantifiable, and surplus.
    (6) Creditability of out-of-area emissions reductions. For purposes
of meeting the RFP requirements in Sec.  51.1310, in addition to the
restrictions on the creditability of emission control measures listed
in Sec.  51.1310(a)(5), creditable emission reductions for fixed
percentage reduction RFP must be obtained from emissions sources
located within the nonattainment area.
    (7) Calculation of non-creditable emissions reductions. The
following four categories of control measures listed in CAA section
182(b)(1)(D) are no longer required to be calculated for exclusion in
RFP analyses because the Administrator has determined that due to the
passage of time the effect of these exclusions would be de minimis:
    (i) Measures related to motor vehicle exhaust or evaporative
emissions promulgated by January 1, 1990;
    (ii) Regulations concerning Reid vapor pressure promulgated by
November 15, 1990;
    (iii) Measures to correct previous RACT requirements; and
    (iv) Measures required to correct previous I/M programs.
    (b) Baseline emissions inventory for RFP plans. For the RFP plans
required under this section, at the time of designation as
nonattainment for an ozone NAAQS the baseline emissions inventory shall
be the emissions inventory for the most recent calendar year for which
a complete triennial inventory is required to be submitted to the EPA
under the provisions of subpart A of this part. States may use an
alternative baseline emissions inventory provided that the year
selected corresponds with the year of the effective date of designation
as nonattainment for that NAAQS. All states associated with a multi-
state nonattainment area must consult and agree on using the
alternative baseline year. The emissions values included in the
inventory required by this section shall be actual ozone season day
emissions as defined by Sec.  51.1300(q).
    (c) Milestones--(1) Applicable milestones. Consistent with CAA
section 182(g)(1) for each area classified Serious or higher, the state
shall determine at specified intervals whether each area has achieved
the reduction in emissions required under paragraphs (a)(2) through (4)
of this section. The initial determination shall occur 6 years after
the baseline year, and at intervals of every 3 years thereafter. The
reduction in emissions required by the end of each interval shall be
the applicable milestone.
    (2) Milestone compliance demonstrations. For each area subject to
the milestone requirements under paragraph (c)(1) of this section, not
later than 90 days after the date on which an applicable milestone
occurs (not including an attainment date on which

a milestone occurs in cases where the ozone standards have been
attained), each state in which all or part of such area is located
shall submit to the Administrator a demonstration that the milestone
has been met. The demonstration under this paragraph must provide for
objective evaluation of RFP toward timely attainment of the ozone NAAQS
in the area, and may take the form of:
    (i) Such information and analysis as needed to quantify the actual
reduction in emissions achieved in the time interval preceding the
applicable milestone; or
    (ii) Such information and analysis as needed to demonstrate
progress achieved in implementing the approved SIP control measures,
including RACM and RACT, corresponding with the reduction in emissions
achieved in the time interval preceding the applicable milestone.

Sec.  51.1311   [Reserved]

Sec.  51.1312  Requirements for reasonably available control technology
(RACT) and reasonably available control measures (RACM).

    (a) RACT requirement for areas classified pursuant to Sec.
51.1303. (1) For each nonattainment area classified Moderate or higher,
the state shall submit a SIP revision that meets the VOC and
NOX RACT requirements in CAA sections 182(b)(2) and 182(f).
    (2) SIP submission deadline. (i) For a RACT SIP required pursuant
to initial nonattainment area designations, the state shall submit the
RACT SIP for each area no later than 24 months after the effective date
of designation for a specific ozone NAAQS.
    (ii) For a RACT SIP required pursuant to reclassification, the SIP
revision deadline is either 24 months from the effective date of
reclassification, or the deadline established by the Administrator in
the reclassification action.
    (iii) For a RACT SIP required pursuant to the issuance of a new
Control Techniques Guideline (CTG) under CAA section 183, the SIP
revision deadline is either 24 months from the date of CTG issuance, or
the deadline established by the Administrator in the action issuing the
CTG.
    (3) RACT implementation deadline. (i) For RACT required pursuant to
initial nonattainment area designations, the state shall provide for
implementation of such RACT as expeditiously as practicable, but no
later than January 1 of the fifth year after the effective date of
designation.
    (ii) For RACT required pursuant to reclassification, the state
shall provide for implementation of such RACT as expeditiously as
practicable, but no later than the start of the attainment year ozone
season associated with the area's new attainment deadline, or January 1
of the third year after the associated SIP revision submittal deadline,
whichever is earlier; or the deadline established by the Administrator
in the final action issuing the area reclassification.
    (iii) For RACT required pursuant to issuance of a new CTG under CAA
section 183, the state shall provide for implementation of such RACT as
expeditiously as practicable, but either no later than January 1 of the
third year after the associated SIP submission deadline or the deadline
established by the Administrator in the final action issuing the CTG.
    (b) Determination of major stationary sources for applicability of
RACT provisions. The amount of VOC and NOX emissions are to
be considered separately for purposes of determining whether a source
is a major stationary source as defined in CAA section 302.
    (c) RACM requirements. For each nonattainment area required to
submit an attainment demonstration under Sec.  51.1308(a) and (b), the
state shall submit with the attainment demonstration a SIP revision
demonstrating that it has adopted all RACM necessary to demonstrate
attainment as expeditiously as practicable and to meet any RFP
requirements. The SIP revision shall include, as applicable, other
control measures on sources of emissions of ozone precursors located
outside the nonattainment area, or portion thereof, located within the
state if doing so is necessary or appropriate to provide for attainment
of the applicable ozone NAAQS in such area by the applicable attainment
date.

Sec.  51.1313   Section 182(f) NOX exemption provisions.

    (a) A person or a state may petition the Administrator for an
exemption from NOX obligations under CAA section 182(f) for
any area designated nonattainment for a specific ozone NAAQS and for
any area in a CAA section 184 ozone transport region.
    (b) The petition must contain adequate documentation that the
criteria in CAA section 182(f) are met.
    (c) A CAA section 182(f) NOX exemption granted for a
prior ozone NAAQS does not relieve the area from any NOX
obligations under CAA section 182(f) for a current ozone NAAQS.

Sec.  51.1314  New source review requirements.

    The requirements for nonattainment NSR for the ozone NAAQS are
located in Sec.  51.165. For each nonattainment area, the state shall
submit a nonattainment NSR plan or plan revision for a specific ozone
NAAQS no later than 36 months after the effective date of the area's
designation of nonattainment or redesignation to nonattainment for that
ozone NAAQS.

Sec.  51.1315  Emissions inventory requirements.

    (a) For each nonattainment area, the state shall submit a base year
inventory as defined by Sec.  51.1300(p) to meet the emissions
inventory requirement of CAA section 182(a)(1). This inventory shall be
submitted no later than 24 months after the effective date of
designation. The inventory year shall be selected consistent with the
baseline year for the RFP plan as required by Sec.  51.1310(b).
    (b) For each nonattainment area, the state shall submit a periodic
emissions inventory of emissions sources in the area to meet the
requirement in CAA section 182(a)(3)(A). With the exception of the
inventory year and timing of submittal, this inventory shall be
consistent with the requirements of paragraph (a) of this section. Each
periodic inventory shall be submitted no later than the end of each 3-
year period after the required submission of the base year inventory
for the nonattainment area. This requirement shall apply until the area
is redesignated to attainment.
    (c) The emissions values included in the inventories required by
paragraphs (a) and (b) of this section shall be actual ozone season day
emissions as defined by Sec.  51.1300(q).
    (d) In the inventories required by paragraphs (a) and (b) of this
section, the state shall report emissions from point sources according
to the point source emissions thresholds of the Air Emissions Reporting
Requirements, 40 CFR part 51, subpart A.
    (e) The data elements in the emissions inventories required by
paragraphs (a) and (b) of this section shall be consistent with the
detail required by 40 CFR part 51, subpart A. Since only emissions
within the boundaries of the nonattainment area shall be included as
defined by Sec.  51.1300(q), this requirement shall apply to the
emissions inventories required in this section instead of any total
county requirements contained in 40 CFR part 51, subpart A.

Sec.  51.1316  Requirements for an Ozone Transport Region.

    (a) In general. CAA sections 176A and 184 apply for purposes of the
2015 ozone NAAQS.
    (b) RACT requirements for certain portions of an ozone transport
region. (1) The state shall submit a SIP revision that meets the RACT
requirements of CAA section 184(b) for all portions of the state
located in an ozone transport region.
    (2) SIP submission deadline. (i) For a RACT SIP required pursuant
to initial nonattainment area designations, the state shall submit the
RACT SIP revision no later than 24 months after the effective date of
designation for a specific ozone NAAQS.
    (ii) For a RACT SIP required pursuant to reclassification, the SIP
revision deadline is either 24 months from the effective date of
reclassification, or the deadline established by the Administrator in
the reclassification action.
    (iii) For a RACT SIP required pursuant to the issuance of a new CTG
under CAA section 183, the SIP revision deadline is either 24 months
from the date of CTG issuance, or the deadline established by the
Administrator in the action issuing the CTG.
    (3) RACT implementation deadline. (i) For RACT required pursuant to
initial nonattainment area designations, the state shall provide for
implementation of RACT as expeditiously as practicable, but no later
than January 1 of the fifth year after the effective date of
designation.
    (ii) For RACT required pursuant to reclassification, the state
shall provide for implementation of such RACT as expeditiously as
practicable, but no later than the start of the attainment year ozone
season associated with the area's new attainment deadline, or January 1
of the third year after the associated SIP revision submittal deadline,
whichever is earlier; or the deadline established by the Administrator
in the final action issuing the area reclassification.
    (iii) For RACT required pursuant to issuance of a new CTG under CAA
section 183, the state shall provide for implementation of such RACT as
expeditiously as practicable, but either no later than January 1 of the
third year after the associated SIP submission deadline or the deadline
established by the Administrator in the final action issuing the CTG.

Sec.  51.1317  Fee programs for Severe and Extreme nonattainment areas
that fail to attain.

    For each area classified Severe or Extreme for a specific ozone
NAAQS, the state shall submit a SIP revision within 10 years of the
effective date of designation for that ozone NAAQS that meets the
requirements of CAA section 185.

Sec.  51.1318  Suspension of SIP planning requirements in nonattainment
areas that have air quality data that meet an ozone NAAQS.

    Upon a determination by the EPA that an area designated
nonattainment for a specific ozone NAAQS has attained that NAAQS, the
requirements for such area to submit attainment demonstrations and
associated RACM, RFP plans, contingency measures for failure to attain
or make reasonable progress, and other planning SIPs related to
attainment of the ozone NAAQS for which the determination has been
made, shall be suspended until such time as: The area is redesignated
to attainment for that NAAQS, at which time the requirements no longer
apply; or the EPA determines that the area has violated that NAAQS, at
which time the area is again required to submit such plans.

Sec.  51.1319  [Reserved]

0
6. In appendix S to part 51, revise paragraphs IV.G.5. introductory,
and IV.G.5(i) and remove and reserve section VII.
    The revisions read as follows:

Appendix S to Part 51--Emission Offset Interpretative Ruling

* * * * *
    IV. * * *
    G. * * *
    5. Interpollutant offsetting, or interpollutant trading or
interprecursor trading or interprecursor offset substitution. In
meeting the emissions offset requirements of paragraph IV.A,
Condition 3 of this Ruling, the emissions offsets obtained shall be
for the same regulated nonattainment NSR pollutant unless
interprecursor offsetting is permitted for a particular pollutant as
specified in this paragraph IV.G.5 and the reviewing authority
chooses to review such trading on a case by case basis as described
in this section.
    (i) A reviewing authority may choose to satisfy the offset
requirements of paragraph IV.A, Condition 3 of this Ruling for
emissions of the ozone precursors NOX and VOC by
offsetting reductions of emissions of either precursor, if all other
requirements contained in this Ruling for such offsets are also
satisfied. For a specific permit application, if the implementation
of IPT is acceptable by the reviewing authority, the permit
applicant shall submit to the reviewing authority for approval a
case-specific permit IPT ratio for determining the required amount
of emissions reductions to offset the proposed emissions increase
when considered along with the applicable offset ratio as specified
in paragraphs IV.G.2 through 4 of this Ruling. As part of the ratio
submittal, the applicant shall submit the proposed permit-specific
ozone IPT ratio to the reviewing authority, accompanied by the
following information:
    (a) A description of the air quality model(s) that were used to
propose a case-specific ratio; and
    (b) The proposed ratio for the precursor substitution and
accompanying calculations; and
    (c) A modeling demonstration showing that such ratio(s) as
applied to the proposed project and credit source will provide an
equivalent or greater air quality benefit with respect to ground
level concentrations in the ozone nonattainment area than an offset
of the emitted precursor would achieve.
* * * * *
[FR Doc. 2018-25424 Filed 12-4-18; 8:45 am]
 BILLING CODE 6560-50-P