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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations
title I of the CAA, state planning and emissions control requirements for ozone are determined, in part, by a nonattainment areas classification. The ozone nonattainment areas are classified based on the severity of their ozone levels as determined based on the areas design value, which represents air quality in the area for the most recent 3 years.13 The possible classifications are Marginal, Moderate, Serious, Severe, and Extreme.
Nonattainment areas with a lower classification have ozone levels that are closer to the standard than areas with a higher classification. Areas in the lower classification levels have fewer and/or less stringent mandatory air quality planning and control requirements than those in higher classifications. On March 9, 2018 83 FR
10376, the EPA published the Classifications Rule that establishes how the statutory classifications will apply for the 2015 ozone NAAQS, including the air quality thresholds for each classification category. Each nonattainment areas design value, based on the then-most recent 3 years of certified air quality monitoring data, is used to establish the classification for the area.
The regulatory tables included at the end of this action provide the classification for each designated nonattainment area for the 2015 ozone NAAQS based on the design value for the area and the classification thresholds established in the Classification Rule. All areas addressed in this Federal Register document are Marginal areas.
As established in the final implementing regulations for the 2015
ozone NAAQS, nonattainment areas including the areas subject to this final action shall attain the 2015 standards as expeditiously as practicable but not later than the dates provided in Table 1
of 40 CFR 51.1303a expressed in years after the effective date of area designations, which was August 3, 2018
83 FR 25776; June 4, 2018. The resulting attainment date for Marginal areas is not later than 3 years from the designation effective date, or August 3, 2021. Further, states with Marginal nonattainment areas have 2 years from the effective date of designation to submit state implementation plan SIP
revisions addressing emissions inventories required by CAA section 182a1 and emissions statement regulations CAA section 182a3B
13 The air quality design value for the 8-hour ozone NAAQS is the 3-year average of the annual 4th highest daily maximum 8-hour average ozone concentration. See 40 CFR part 50, appendix U.

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83 FR 62998, 63000; December 6, 2018. See also 40 CFR 51.1315. The resulting emissions inventory and emissions statement SIP revisions were due August 3, 2020. The August 3, 2021, Marginal area attainment date and the August 3, 2020, SIP submission requirements still apply for the areas subject to this final action, inclusive of the revised nonattainment boundaries.
The EPA expects states with areas subject to this final action to work with their respective EPA Regional office to submit any necessary supplements or revisions to fulfill the Marginal area SIP
revision requirements associated with the nonattainment boundaries in this final action as expeditiously as practicable.
IX. Rural Transport Area Determination for the Revised Door County, Wisconsin Designation CAA section 182h sets out general criteria for determining whether an area qualifies as a Rural Transport Area RTA. The statute defines an RTA as an area that is designated nonattainment and neither includes nor is adjacent to any part of a metropolitan statistical area or consolidated metropolitan statistical area as defined at the time of the 1990 CAA amendments. In such cases, the Administrator has discretion to treat the area as an RTA based on a finding that the emissions within the area do not make a significant contribution to the ozone concentrations measured in the area or in other areas.
The EPA provided guidance on requesting RTA treatment in the February 25, 2016, memorandum titled, Area Designations for the 2015 Ozone National Ambient Air Quality Standards. An RTA, regardless of its nonattainment classification, is treated as meeting the applicable requirements of CAA section 182 generally relating to submissions required for ozone nonattainment areas if the area meets the submission requirements of a Marginal area.
In a letter dated April 20, 2017, Wisconsin requested that the EPA make an RTA determination for the Door County nonattainment area that was designated in Round 2 of the ozone designations for the 2015 ozone NAAQS. The EPA determined that the final Door County, Wisconsin nonattainment area met the criteria for treatment as an RTA under CAA section 182h. In response to the July 10, 2020, Court remand regarding the Door County nonattainment area, the EPA is revising the boundaries of the Door County area designated nonattainment on April 30, 2018. The EPA has determined that this nonattainment area
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meets the criteria for treatment as an RTA under CAA section 182h and will be treated as meeting the requirements of CAA section 182 if the area meets the submission requirements of Marginal areas explained previously in this section. Documentation supporting this determination is contained in the final TSD for Wisconsin, which is available in the public docket for this final action.
This determination is reflected in the regulatory table for Wisconsin in 40 CFR
part 81.
X. Environmental Justice Concerns When the EPA establishes a new or revised NAAQS, the CAA requires the EPA to designate all areas of the U.S. as either nonattainment, attainment, or unclassifiable. This action revises certain designation determinations for the 2015 ozone NAAQS that were identified in the July 10, 2020, Court remand. Area designations address environmental justice concerns by ensuring that the public is properly informed about the air quality in an area. In locations where air quality does not meet the NAAQS, the CAA requires relevant state authorities to initiate appropriate air quality management actions to ensure that all those residing, working, attending school, or otherwise present in those areas are protected, regardless of minority and economic status.
XI. 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 exempt from review by the Office of Management and Budget because it responds to the CAA
requirement to promulgate air quality designations after promulgation of a new or revised NAAQS.
B. Paperwork Reduction Act PRA
This action does not impose an information collection burden under the PRA. This action fulfills the nondiscretionary duty for the EPA to promulgate air quality designations after promulgation of a new or revised NAAQS and does not contain any information collection activities.
C. Regulatory Flexibility Act RFA
This designation action under CAA
section 107d is not subject to the RFA.
The RFA applies only to rules subject to notice-and-comment rulemaking requirements under the Administrative Procedure Act APA, 5 U.S.C. 553, or any other statute. Section 107d2B of the CAA explicitly provides that
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