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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations or Agency, but did not vacate, the April 30, 2018, designations for 16 counties associated with nine nonattainment areas located in seven states. In response, the EPA has re-evaluated the designations for the remanded counties by applying a uniform, nationwide analytical approach and interpretation of the designation provisions of the Clean Air Act CAA in considering the specific facts and circumstances of the areas using only data and information available at the time of the original designations. In this final action, the EPA is revising the boundaries of two nonattainment areas, affecting the designation status of two counties in two separate states Colorado and Texas. The EPA addressed the 14
additional remanded counties in a previous Federal Register document.
DATES: The effective date of this rule is December 30, 2021.
ADDRESSES: The EPA has established a public docket for these ozone designations at https

www.regulations.gov under Docket ID
No. EPAHQOAR20170548.
Although listed in the docket index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form.
Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are currently closed to the public, with limited exceptions, to reduce the risk of transmitting COVID19. The Docket Center staff will continue to provide remote customer service via email, phone, and webform. For further information on EPA Docket Center services and the current status, please visit us online at https www.epa.gov/
dockets.
In addition, the EPA has established a website for the designations for the
2015 ozone NAAQS at https
www.epa.gov/ozone-designations. The website includes the EPAs final revised designations action, technical support documents, revised responses to comments and other related information.
For general questions concerning this action, contact Carla Oldham, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C53901, Research Triangle Park, N.C. 27711, phone number 919
5413347 or by email at: oldham.carla@
epa.gov. The following EPA contacts can answer questions regarding areas affiliated with a particular EPA Regional office:
Region 6Carrie Paige, telephone 214 6656521, email at paige.carrie@
epa.gov.
Region 8Abby Fulton, telephone 303 3126563, email at fulton.abby@
epa.gov.

FOR FURTHER INFORMATION CONTACT:

Regional offices
Affected states
EPA Region 6State Planning & Implementation Branch, 1201 Elm Street, Dallas, Texas 75270
EPA Region 8Air Quality Planning Branch, 1595 Wynkoop Street, Denver, Colorado 80202

Most of the EPAs offices are closed to reduce the risk of transmitting COVID
19, but staff remain available via telephone and email. The EPA
encourages the public to review information related to the EPAs final action responding to the July 10, 2020, Court Decision online at https
www.epa.gov/ozone-designations and in the public docket at https
www.regulations.gov under Docket ID
No. EPAHQOAR20170548.
SUPPLEMENTARY INFORMATION:

Table of Contents
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The following is an outline of the Preamble.
I. Preamble Glossary of Terms and Acronyms II. What is the purpose of this action?
III. What is ozone and how is it formed?
IV. What are the 2015 ozone NAAQS and the health and welfare concerns they address?
V. What are the CAA requirements for air quality designations?
VI. What is the chronology for this designations action and what guidance did the EPA provide?
VII. What air quality data has the EPA used to designate the remanded areas for the 2015 ozone NAAQS?
VIII. What are the ozone air quality classifications and implementation dates?
IX. Environmental Justice Considerations X. Statutory and Executive Order Reviews
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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. Preamble Glossary of Terms and Acronyms The following are abbreviations of terms used in the preamble.
APA Administrative Procedure Act CAA Clean Air Act CFR Code of Federal Regulations CRA Congressional Review Act DC District of Columbia EPA Environmental Protection Agency FR Federal Register
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Texas.
Colorado.

NAAQS National Ambient Air Quality Standards NTTAA National Technology Transfer and Advancement Act ppm Parts per million PRA Paperwork Reduction Act RFA Regulatory Flexibility Act SIP State Implementation Plan TAR Tribal Authority Rule TSD Technical Support Document UMRA Unfunded Mandate Reform Act U.S. United States U.S.C. United States Code
II. What is the purpose of this action?
The purpose of this final action is to announce and promulgate revised 2015
ozone NAAQS designations for two counties in response to the July 10, 2020, decision by the District of Columbia Circuit Court that remanded the counties to the EPA for further consideration. The affected counties were initially designated on April 30, 2018. The EPA addressed the 14
additional remanded counties in a previous Federal Register document 86
FR 31438; June 14, 2021.
On October 1, 2015, the EPA
promulgated revised primary and secondary NAAQS for ozone 80 FR
6592; October 26, 2015. In that action, the EPA strengthened both standards to a level of 0.070 parts per million ppm, while retaining their indicators, averaging times, and forms. The EPA
revised the ozone standards based on an
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