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65292 Federal Register /Vol. 80, No. 206/Monday, …

65292 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 50, 51, 52, 53, and 58 [EPA HQ OAR 2008 0699; FRL 9933 18 OAR] RIN 2060 AP38 National Ambient Air Quality Standards for Ozone AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: Based on its review of the air quality criteria for ozone (O3) and related photochemical oxidants and national ambient air quality standards ( naaqs ) for O3, the Environmental Protection Agency (EPA) is revising the primary and secondary naaqs for O3 to provide requisite protection of public health and welfare, respectively. The EPA is revising the levels of both standards to parts per million (ppm), and retaining their indicators (O3), forms (fourth-highest daily maximum, averaged across three consecutive years) and averaging times (eight hours).

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Transcription of 65292 Federal Register /Vol. 80, No. 206/Monday, …

1 65292 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 50, 51, 52, 53, and 58 [EPA HQ OAR 2008 0699; FRL 9933 18 OAR] RIN 2060 AP38 National Ambient Air Quality Standards for Ozone AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: Based on its review of the air quality criteria for ozone (O3) and related photochemical oxidants and national ambient air quality standards ( naaqs ) for O3, the Environmental Protection Agency (EPA) is revising the primary and secondary naaqs for O3 to provide requisite protection of public health and welfare, respectively. The EPA is revising the levels of both standards to parts per million (ppm), and retaining their indicators (O3), forms (fourth-highest daily maximum, averaged across three consecutive years) and averaging times (eight hours).

2 The EPA is making corresponding revisions in data handling conventions for O3and changes to the Air Quality Index (AQI); revising regulations for the prevention of significant deterioration (PSD) program to add a transition provision for certain applications; and establishing exceptional events schedules and providing information related to implementing the revised standards. The EPA is also revising the O3monitoring seasons, the Federal Reference Method (FRM) for monitoring O3in the ambient air, Federal Equivalent Method (FEM) analyzer performance requirements, and the Photochemical Assessment Monitoring Stations (PAMS) network. Along with exceptional events schedules related to implementing the revised O3standards, the EPA is applying this same schedule approach to other future new or revised naaqs and removing obsolete regulatory language for expired exceptional events deadlines.

3 The EPA is making minor changes to the procedures and time periods for evaluating potential FRMs and equivalent methods, including making the requirements for nitrogen dioxide (NO2) consistent with the requirements for O3, and removing an obsolete requirement for the annual submission of Product Manufacturing Checklists by manufacturers of FRMs and FEMs for monitors of fine and coarse particulate matter. For a more detailed summary, see the Executive Summary below. DATES: The final rule is effective on December 28, 2015. ADDRESSES: EPA has established a docket for this action (Docket ID No. EPA HQ OAR 2008 0699) and a separate docket, established for the Integrated Science Assessment (ISA) (Docket No. EPA HQ ORD 2011 0050), which has been incorporated by reference into the rulemaking docket. All documents in the docket are listed on the Web site. Although listed in the docket index, some information is not publicly available, , confidential business information or other information whose disclosure is restricted by statute.

4 Certain other material, such as copyrighted material, is not placed on the Internet and may be viewed, with prior arrangement, at the EPA Docket Center. Publicly available docket materials are available either electronically in or in hard copy at the Air and Radiation Docket and Information Center, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 to 4:30 , Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566 1744 and the telephone number for the Air and Radiation Docket and Information Center is (202) 566 1742. For additional information about EPA s public docket, visit the EPA Docket Center homepage at: FOR FURTHER INFORMATION CONTACT: Ms. Susan Lyon Stone, Health and Environmental Impacts Division, Office of Air Quality Planning and Standards, Environmental Protection Agency, Mail code C504 06, Research Triangle Park, NC 27711; telephone: (919) 541 1146; fax: (919) 541 0237; email: SUPPLEMENTARY INFORMATION: General Information Availability of Related Information A number of the documents that are relevant to this action are available through the EPA s Office of Air Quality Planning and Standards (OAQPS) Technology Transfer Network (TTN) Web site ( ).

5 These documents include the Integrated Science Assessment for Ozone ( EPA, 2013), available at ; the Health Risk and Exposure Assessment and the Welfare Risk and Exposure Assessment for Ozone, Final Reports (HREA and WREA, respectively; EPA, 2014a, 2014b), available at ; and the Policy Assessment for the Review of the Ozone National Ambient Air Quality Standards (PA; EPA, 2014c), available at ttn/ naaqs /standards/ These and other related documents are also available for inspection and copying in the EPA docket identified above. Table of Contents The following topics are discussed in this preamble: Executive Summary I. Background A. Legislative Requirements B. Related Control Programs C. Review of Air Quality Criteria and Standards for O3 D. Ozone Air Quality E. Summary of Proposed Revisions to the O3 Standards F. Organization and Approach to Decisions in This O3 naaqs Review II.

6 Rationale for Decision on the Primary Standard A. Introduction 1. Overview of Health Effects Evidence 2. Overview of Human Exposure and Health Risk Assessments B. Need for Revision of the Primary Standard 1. Basis for Proposed Decision 2. Comments on the Need for Revision 3. Administrator s Conclusions on the Need for Revision C. Conclusions on the Elements of a Revised Primary Standard 1. Indicator 2. Averaging Time 3. Form 4. Level D. Decision on the Primary Standard III. Communication of Public Health Information A. Proposed Revisions to the AQI B. Comments on Proposed Revisions to the AQI C. Final Revisions to the AQI IV. Rationale for Decision on the Secondary Standard A. Introduction 1. Overview of Welfare Effects Evidence 2. Overview of Welfare Exposure and Risk Assessment 3. Potential Impacts on Public Welfare B. Need for Revision of the Secondary Standard 1.

7 Basis for Proposed Decision 2. Comments on the Need for Revision 3. Administrator s Conclusions on the Need for Revision C. Conclusions on Revision of the Secondary Standard 1. Basis for Proposed Revision 2. Comments on Proposed Revision 3. Administrator s Conclusions on Revision D. Decision on the Secondary Standard V. Appendix U: Interpretation of the Primary and Secondary naaqs for O3 VerDate Sep<11>2014 19:40 Oct 23, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\ 26 OCR2mstockstill on DSK4 VPTVN1 PROD with RULES265293 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations A. Background B. Data Selection Requirements C. Data Reporting and Data Handling Requirements D. Exceptional Events Information Submission Schedule VI. Ambient Monitoring Related to O3 Standards A. Background B. Revisions to the Length of the Required O3 Monitoring Seasons 1.

8 Proposed Changes to the Length of the Required O3 Monitoring Seasons 2. Comments on the Length of the Required O3 Monitoring Seasons 3. Final Decisions on the Length of the Required O3 Monitoring Seasons C. Revisions to the PAMS Network Requirements 1. Network Design 2. Speciated VOC Measurements 3. Carbonyl Measurements 4. Nitrogen Oxides Measurements 5. Meteorology Measurements 6. PAMS Season 7. Timing and Other Implementation Issues D. Addition of a New FRM for O3 1. Proposed Changes to the FRM for O3 2. Comments on the FRM for O3 E. Revisions to the Analyzer Performance Requirements 1. Proposed Changes to the Analyzer Performance Requirements 2. Comments on the Analyzer Performance Requirements VII. Grandfathering Provision for Certain PSD Permits A. Summary of the Proposed Grandfathering Provision B. Comments and Responses C. Final Action and Rationale VIII. Implementation of the Revised O3 Standards A.

9 naaqs Implementation Plans 1. Cooperative Federalism 2. Additional New Rules and Guidance 3. Background O3 4. Section 110 State Implementation Plans 5. Nonattainment Area Requirements B. O3 Air Quality Designations 1. Area Designation Process 2. Exceptional Events C. How do the New Source Review (NSR) requirements apply to the revised O3 naaqs ? 1. NSR Requirements for Major Stationary Sources for the Revised O3 naaqs 2. Prevention of Significant Deterioration (PSD) Program 3. Nonattainment NSR D. Transportation and General Conformity 1. What are Transportation and General Conformity? 2. When would Transportation and General Conformity apply to areas designated nonattainment for the revised O3 naaqs ? 3. Impact of a Revised O3 naaqs on a State s Existing Transportation and/or General Conformity SIP E. Regional and International Pollution Transport 1. Interstate Transport 2.

10 International Transport IX. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health & Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act (CRA) References Executive Summary This section summarizes information about the purpose of this regulatory action, the major provisions of this action, and provisions related to implementation.


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