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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations fax number: 919 5415315; email address: raps.virginia@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Background II. Response to Comments III. Final Action 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. Paperwork Reduction Act PRA
C. Regulatory Flexibility Act RFA
D. Unfunded Mandates Reform Act UMRA
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 and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act NTTAA
J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act CRA
L. Judicial Review
I. Background In February 2019, the EPA sent letters to the state air agencies of New York, Wisconsin, Colorado and California affirming that a total of nine areas within these states attained the revoked 1997 ozone NAAQS by the applicable attainment dates. On October 9, 2020,1
the EPA concurrently published a proposal and a direct final rule to codify the findings effective on January 7,
2021. Because an adverse comment was received prior to the end of the comment period, a notice to withdraw the direct final rule was published in the Federal Register and became effective on December 9, 2020.
Consequently, the EPA is now acting on the proposal by publishing this final rule. Entities potentially affected directly by this final action include the public seeking information on the air quality status of the areas codified by this final rule, and state air agencies with jurisdiction over areas found to have attained by the attainment date.
Further, these areas are, therefore, not subject to anti-backsliding consequences for failure to timely attain the standards.
II. Response to Comments The EPA received an anonymous comment on the proposal suggesting that the attainment year 20072009
design value DV for Denver-BoulderGreeley-Ft. Collins-Loveland, Colorado, herein referred to as the Denver area was incorrect. Instead of 0.078 parts per million ppm, as given in Table 1 of the direct final rule and in the supporting letter to the Colorado Department of Public Health and Environment CDPHE from Region 8 dated February 8, 2019, the commenter suggested the DV for that time period was actually 0.082 ppm, citing the data provided on the EPA website at https
www.epa.gov/air-trends/air-qualitydesign-values. The EPA investigated the information in the comment letter and found that the EPA incorrectly assigned the Denver area an attainment year DV
of 0.078 ppm where, according to monitoring data for 20072009, the correct DV for the Denver area was 0.082 ppm. As a result of its
investigation, the EPA Region 8 office issued a letter dated November 13, 2020, correcting the 20072009 DV for the Denver area and notifying Mr. Garry Kaufman, Director, CDPHE, of the correction to the DV with the assurance that the correction will be formalized through a final rule published in the Federal Register. The correction changing the 20072009 DV for the Denver area from 0.078 ppm to 0.082
ppm is made in Table 1 in this final rule. The EPA notes that the revoked 1997 ozone NAAQS, effective on September 16, 1997 62 FR 38855, July 18, 1997, was established at 0.08 ppm, which means that an areas attaining DV
may in effect be as high as 0.084 ppm using the standard rounding convention to three decimal places.2 Therefore, the correct 20072009 DV of 0.082 ppm shows that the Denver area timely attained the revoked 1997 ozone NAAQS.
The proposal received three other comments. One was complimentary to the EPAs proposal suggesting it was a good idea to show the states success in attaining the revoked 1997 ozone NAAQS. The remaining two comments were beyond the scope of this action.
III. Final Action On October 9, 2020, the EPA issued a proposal to codify in 40 CFR part 52
its findings that nine areas factually attained the revoked 1997 ozone NAAQS by the applicable attainment dates. This rule provides the EPAs response to comments on the proposal and finalizes the action as proposed.
The areas that attained the revoked 1997 8-hour ozone NAAQS by the attainment date and the associated DV
information are summarized in Table 1.3

TABLE 1AREAS THAT ATTAINED THE REVOKED 1997 8-HOUR OZONE NAAQS BY THE ATTAINMENT DATE
EPA
region
State
Applicable attainment date
Area name
Attainment year design value DV

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Level 2

New York

5

Wisconsin A

8
9

Colorado
California

Buffalo-Niagara Falls, NY
Jamestown, NY
Jefferson County, NY
Poughkeepsie, NY
Shoreline Sheboygan County, WI
Inland Sheboygan County, WI.
Denver-Boulder-Greeley-Ft. Collins-Loveland, CO
San Francisco Bay Area, CA

1 See Updates to 40 CFR part 52 for Areas that Attained by the Attainment Date, proposal 85 FR
64089, October 9, 2020 and direct final rule 85 FR
64046, October 9, 2020.
2 See National Ambient Air Quality Standards for Ozone 73 FR 16435, 16437, Mar. 27, 2008, section I.C. Available on the U.S. GPO website at
VerDate Sep<11>2014

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https www.govinfo.gov/content/pkg/FR-2008-0327/pdf/E8-5645.pdf.
3 The Denver-Boulder-Greeley-Ft. CollinsLoveland, CO, area is identified as Denver Metro/
North Front Range, CO, DMNFR in 40 CFR part 81 for the 2015 8-hour ozone NAAQS 77 FR 28424, 28426, May 14, 2012. See also, Air Quality
PO 00000

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June June June June June
15, 15, 15, 15, 15,
2010
2010
2010
2010
2010

DV years

0.076
0.079
0.074
0.078
0.079

20072009
20072009
20072009
20072009
20072009

November 20, 2010
June 15, 2007

0.082
0.080

20072009
20042006

Designations and Classifications for the 1997 8Hour Ozone NAAQS; Early Action Compact Areas With Deferred Effective Dates 69 FR 23858, Apr.
30, 2004. Available on the U.S. GPO website at https www.govinfo.gov/content/pkg/FR-2004-0430/pdf/04-9152.pdf.

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