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EPA/OAR RIN: 2060-AS82 Publication ID: Fall 2016 
Title: Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area Classifications and State Implementation Plan Requirements 

This proposed rule will address a range of implementation requirements for the 2015 National Ambient Air Quality Standards (NAAQS) for ozone, including the nonattainment area classification system, and the timing of State Implementation Plan (SIP) submissions. It will also discuss and outline relevant guidance on meeting the Clean Air Act's requirements pertaining to attainment demonstrations, reasonable further progress, reasonably available control measures, nonattainment new source review, and emission inventories. Other issues addressed in this proposed rule are the potential revocation of the 2008 ozone NAAQS and anti-backsliding requirements that would apply if the 2008 NAAQS are revoked. The items covered in this rulemaking have been covered in similar rulemakings for two prior 8-hour ozone NAAQS (1997 and 2008).

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 50 to 51   
Legal Authority: 23 U.S.C. 101 42 U.S.C. 7401-7671q   
Legal Deadline:  None

Statement of Need: This rule is needed to clarify and establish implementation requirements for the 2015 ozone NAAQS, including the nonattainment area classification system, and those elements that states must include in their state implementation plans (SIPs) to bring nonattainment areas into compliance with the 2015 ozone NAAQS. There is no court-ordered deadline for this final rule. However, the CAA requires that EPA promulgate area designations no later than 2 years from the date of promulgation of the revised ozone NAAQS, and this rule is needed to establish the air quality thresholds to classify areas designated nonattainment, in this case by October 1, 2017.

Summary of the Legal Basis: The CAA requires states to plan for the attainment and maintenance the NAAQS. EPA establishes implementing regulations that states follow to fulfill these CAA requirements.

Alternatives: The EPA plans to solicit comments on a number of proposals, including nonattainment area classification thresholds, SIP submission requirements for states with nonattainment areas and states in the Ozone Transport Region, milestone compliance demonstrations, plan submission and implementation deadlines for attainment planning and emissions control requirements, flexible new source emissions offsets for preconstruction permitting, clarification of emissions inventory and emissions statement requirements, and state demonstration requirements under CAA section 179B. The rule also includes alternatives for treatment of outstanding state planning requirements for the previous ozone NAAQS.

Anticipated Costs and Benefits: The annual information collection burden for ozone-related state planning averaged over the first 3 years is estimated to be a total of 41,800 labor hours per year at an annual labor cost of $2.5 million (present value) over the 3-year period, or approximately $107,000 per state for the 23 anticipated state respondents. There are no capital or operating and maintenance costs associated with the proposed rule requirements.

Risks: Ozone concentrations that exceed the National Ambient Air Quality Standards (NAAQS) to can cause adverse public health and welfare effects, as discussed in the October 26, 2015 Final Rule for NAAQS for Ozone (80 FR 65292).

Action Date FR Cite
NPRM  11/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Robert Lingard
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code C539-01,
Research Triangle Park, NC 27709
Phone:919 541-5272

Lynn Dail
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code C539-01,
Research Triangle Park, NC 27711
Phone:919 541-2363
Fax:919 541-0824