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substantial direct costs on tribal action must be filed in the United States Dated: December 10, 2019. governments or preempt tribal law. Court of Appeals for the appropriate Mary S. Walker, The Congressional Review Act, 5 circuit by February 24, 2020. Filing a Regional Administrator, Region 4. U.S.C. 801 et seq., as added by the Small petition for reconsideration by the 40 CFR part 52 is amended as follows: Business Regulatory Enforcement Administrator of this final rule does not Fairness Act of 1996, generally provides affect the finality of this action for the PART 52—APPROVAL AND that before a rule may take effect, the purposes of judicial review nor does it PROMULGATION OF agency promulgating the rule must extend the time within which a petition IMPLEMENTATION PLANS submit a rule report, which includes a for judicial review may be filed and copy of the rule, to each House of the shall not postpone the effectiveness of ■ 1. The authority citation for part 52 Congress and to the Comptroller General such rule or action. This action may not continues to read as follows: of the United States. EPA will submit a be challenged later in proceedings to report containing this action and other Authority: 42 U.S.C. 7401 et seq. enforce its requirements. See section required information to the U.S. Senate, 307(b)(2). Subpart RR—Tennessee the U.S. House of Representatives, and the Comptroller General of the United List of Subjects in 40 CFR Part 52 ■ 2. Section 52.2220(e) is amended by States prior to publication of the rule in adding an entry for ‘‘110(a)(1) and (2) the Federal Register. A major rule Environmental protection, Air Infrastructure Requirements for the 2015 cannot take effect until 60 days after it pollution control, Incorporation by 8-hour Ozone NAAQS’’ at the end of the is published in the Federal Register. reference, Intergovernmental relations, table to read as follows: This action is not a ‘‘major rule’’ as Nitrogen dioxide, Ozone, Particulate defined by 5 U.S.C. 804(2). matter, Reporting and recordkeeping § 52.2220 Identification of plan. Under section 307(b)(1) of the CAA, requirements, Volatile organic * * * * * petitions for judicial review of this compounds. (e) * * * EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Applicable geo- State Name of non-regulatory SIP provi- graphic or non- effective EPA approval date Explanation sion attainment area date

110(a)(1) and (2) Infrastructure Re- Tennessee ...... 9/13/2018 12/26/2019 [Insert citation of pub- With the exception of the PSD permitting requirements quirements for the 2015 8-hour lication]. of 110(a)(2)(C) and (J), and 110(a)(2)(D)(i)(I) and (II) Ozone NAAQS. (prongs 1, 2 and 3).

[FR Doc. 2019–27542 Filed 12–23–19; 8:45 am] deadlines for submittal of SIP revisions FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P required under the new classification Abby Fulton, Air and Radiation and implementation of related control Division, EPA, Region 8, Mailcode requirements. This final action is 8ARD–IO, 1595 Wynkoop Street, ENVIRONMENTAL PROTECTION necessary to fulfill the EPA’s statutory Denver, Colorado 80202–1129, (303) AGENCY obligation to determine whether the 312–6563, [email protected]. Denver Area attained the NAAQS by the SUPPLEMENTARY INFORMATION: 40 CFR Part 81 attainment date, and, within six months Throughout this document ‘‘we,’’ ‘‘us,’’ [EPA–R08–OAR–2019–0354; FRL–10003– of the attainment date, to publish a and ‘‘our’’ means the EPA. 43–Region 8] document in the Federal Register identifying each area that is determined I. Background Finding of Failure To Attain and as having failed to attain and its The background for this action is Reclassification of Denver Area for the reclassification. discussed in detail in our August 15, 2008 Ozone National Ambient Air DATES: This rule is effective on January 2019 proposal, in which we proposed to Quality Standard 27, 2020. determine that the Denver Area failed to AGENCY: Environmental Protection ADDRESSES: The EPA has established a attain the 2008 ozone NAAQS by the Agency (EPA). docket for this action under docket ID applicable attainment date.1 The ACTION: Final rule. no. EPA–R08–OAR–2019–0354. All proposed determination was based upon documents in the docket are listed on complete, quality-assured, and certified SUMMARY: The Environmental Protection the http://www.regulations.gov website. ozone monitoring data that showed that, Agency (EPA) is determining that the Although listed in the index, some at 0.079 parts per million (ppm), the 8- Denver-Boulder-Greeley-Ft. Collins- information is not publicly available, hour ozone design value for the area Loveland, Colorado nonattainment area e.g., CBI or other information whose exceeded 0.075 ppm for the period (Denver Area) failed to attain the 2008 disclosure is restricted by statute. 2015–2017.2 The EPA proposed that the ozone National Ambient Air Quality Certain other material, such as Standard (NAAQS) by the applicable copyrighted material, is not placed on 1 Proposed Rule and Notice of Public Hearing, attainment date for ‘‘Moderate’’ the internet and will be publicly Finding of Failure to Attain and Reclassification of Denver Area for the 2008 Ozone National Ambient nonattainment areas. The effect of available only in hard copy form. Air Quality Standard, 84 FR 41674 (Aug. 15, 2019). failing to attain by the attainment date Publicly available docket materials are 2 See id.; Proposed Rule, Determinations of is that the area will be reclassified by available through https:// Attainment by the Attainment Date, Extensions of operation of law to ‘‘Serious’’ upon the www.regulations.gov; you may contact the Attainment Date, and Reclassification of Several Areas Classified as Moderate for the 2008 Ozone FOR FURTHER effective date of this final the person identified in the National Ambient Air Quality Standards, 83 FR reclassification action. Along with the INFORMATION CONTACT section for 56781, 56784 (Nov. 14, 2018), Docket ID no. EPA– reclassification, the EPA is finalizing additional availability information. Continued

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Denver Area would be reclassified as a A. Determination of Failure To Attain invalidate the withdrawal of the Serious nonattainment area by operation and Reclassification attainment date extension request. of law on the effective date of a final Response: By letter dated June 4, In accordance with CAA section 10 action finding that the area failed to 181(b)(2), the EPA is finalizing its 2018, the Colorado Department of attain the 2008 ozone NAAQS by the proposed determination that the Denver Public Health and Environment applicable attainment date for Moderate Area failed to attain the 2008 ozone (CDPHE) requested an extension of the areas.3 For the Denver Area, we also NAAQS by the applicable attainment Denver Area Moderate attainment date proposed deadlines for submittal of SIP date of July 20, 2018.5 Therefore, on the and certified that the State of Colorado revisions and implementation of the effective date of this final action, the complied with all the requirements and related control requirements for the area will be reclassified by operation of commitments pertaining to the Denver Area Moderate ozone area SIP, in Serious nonattainment area consistent law from Moderate to Serious for the accordance with CAA section with due dates and implementation 2008 ozone NAAQS.6 Once reclassified 181(a)(5)(A). On November 14, 2018, the deadlines for Moderate areas across the to Serious, the Denver Area will be required to attain the standard ‘‘as EPA proposed in our national country that failed to attain by the July Determination of Attainment by the 20, 2018 attainment date.4 expeditiously as practicable’’ but no later than nine years after the initial Attainment date (DAAD) action to grant II. Final Action a 1-year extension of the attainment date designation as nonattainment, which in 11 this case would be no later than July 20, for the Denver Area. In a letter dated The EPA held a public hearing on the 2021. If the area attains the 2008 ozone March 26, 2019, Colorado Governor proposal at the Denver regional offices NAAQS before the Serious area Jared Polis informed the EPA that the on September 6, 2019 and accepted attainment date, Colorado may request State was withdrawing its June 4, 2018, written public comments through request for a one-year attainment date redesignation to attainment, provided 12 September 16, 2019. All comments the State can demonstrate that it has met extension for the 2008 ozone NAAQS. received during the public comment the criteria under CAA section We therefore stated in our final national period, as well as pertinent comments 107(d)(3)(E).7 DAAD action that we were not taking submitted in response to the EPA’s final action on the extension but would November 2018 proposal to grant the B. Summary of Major Comments and be addressing whether the Denver area State of Colorado’s request for a 1-year Responses attained the 2008 NAAQS by the July attainment date extension for the The EPA received about 460 20, 2018 attainment date and any comments on its proposal to determine associated reclassification in a separate Denver Area (which was part of a 13 national rulemaking concerning that the Denver Area failed to attain by action. We proceeded in this fashion because the EPA interprets CAA section Moderate areas) may be found in the the applicable attainment date and to 181(a)(5) to require a request from a electronic docket for this final action. reclassify the area to Serious state before the EPA may consider Key comments and the agency’s nonattainment. We also received and are considering in this action 14 granting a one-year attainment date responses are included in this section, extension.14 Accordingly, because the below. A Response to Comments pertinent comments on our previous proposal to grant the State’s since- Governor has withdrawn the State’s document including all significant request, the EPA is not taking final comments received on the EPA’s withdrawn request for an attainment 8 action to grant a one-year extension for proposal and the agency’s responses to date extension. All comments received are posted in the docket for this action, the Denver Area, and instead is those comments is in the docket for this determining that the Denver Area failed rulemaking. To access the full set of and responses to all significant comments are in the Response to to attain by the attainment date. comments received and the Response to Comments opposing reclassification: Comments document in the docket. Comments, please go to http:// Several commenters disagreed with the Below is a summary of the major www.regulations.gov and search for EPA’s proposal to reclassify the Denver adverse comments and our responses to Docket No. EPA–R08–OAR–2019–0354, Area from a Moderate to a Serious them. or contact the person listed in the FOR Comments concerning the withdrawn nonattainment area. The commenters FURTHER INFORMATION CONTACT section. extension request: Several commenters cited various reasons for their requested that the EPA reinstate the opposition. One asserted that but for HQ–OAR–2018–0226; and Air Quality System one-year attainment date extension to international emissions, Colorado (AQS, https://www.epa.gov/aqs) data, monitor ID give the Denver Area time to attain the would comply with the applicable 08–059–0011. A design value is a statistic that ozone NAAQS, while another asserted describes the air quality status of a given location NAAQS. Some expressed concern that (i.e., air quality monitor) with respect to the withdrawal of the one-year extension of 10 NAAQS and is used to determine compliance with the attainment date would not improve Letter from Garrison Kaufman, Director, Air the standard. The design value is the 3-year average Pollution Control Division, CDPHE to Doug of the annual fourth highest daily maximum 8-hour air quality as expeditiously as possible. Benevento, ‘‘Submittal of Exceptional Events average ozone concentrations. The design value is One commenter pointed to a lawsuit at Demonstration and Request to Extend 2008 Ozone calculated for each air quality monitor in an area, the Colorado Court of Appeals 9 and National Ambient Air Quality Standard Attainment and the area’s design value is the highest design stated that the Court could possibly Deadline for the Denver Metropolitan/North Front value among the individual monitoring sites in the Range Nonattainment Area’’ (June 4, 2018), docket area. See 40 CFR part 50, appendix D—Reference ID no. EPA–R08–OAR–2019–0354–0002. Measurement Principle and Calibration Procedure 5 See 42 U.S.C. 7511(b)(2); 84 FR 41674. 11 84 FR at 56784. for the Measurement of Ozone in the Atmosphere 6 The revised classification will appear in the 12 Letter from Governor Jared Polis to Doug (Chemiluminescence Method). Federal Register at 40 CFR 81.306. Benevento, Regional Administrator, EPA Region 8, 3 See CAA section 181(b)(2)(A), 42 U.S.C. 7 42 U.S.C. 7407(d)(3)(E). Redesignation guidance ‘‘Withdrawal of Colorado’s Request to Extend the 7511(b)(2)(A). and more information about the Clean Data Policy 2008 Ozone National Ambient Air Quality Standard 4 See Final Rule, Determinations of Attainment by are available at https://www.epa.gov/ozone- Attainment Date for the Denver Metropolitan/North the Attainment Date, Extensions of the Attainment pollution/redesignation-and-clean-data-policy-cdp. Front Range Nonattainment Areas’’ (March 26, Date, and Reclassification of Several Areas 8 83 FR 56781; these comments are available at 2019), docket ID no. EPA–R08–OAR–2019–0354– Classified as Moderate for the 2008 Ozone National docket ID no. EPA–R08–OAR–2019–0354–0011. 0012. Ambient Air Quality Standards, 84 FR 44238 (Aug. 9 See Defend Colorado comment letter, docket ID 13 84 FR at 44242. 23, 2019). no. EPA–R08–OAR–2019–0354–0334. 14 See id.

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that the State’s decision not to pursue a text of CAA section 179B(b) limits the those two days of data qualified the CAA section 179B international option to make the section 179B(b) Denver Area for the 1-year extension of emissions demonstration was demonstration to the state with the attainment date, the area’s design ‘‘misguided.’’ Another commenter jurisdiction over the relevant ozone value as of the attainment date exceeds alleged that the Denver Area cannot nonattainment area. There is no statute the NAAQS whether or not the attain the standard by July 20, 2021, and or rule requiring the state to submit a exceptional events days are excluded. that reclassification would force 179B(b) demonstration. As noted by The EPA will review any exceptional businesses to adopt new control some of the commenters, the CAA is event demonstrations that may be strategies ‘‘with no scientific evidence based on a cooperative federalism provided by Colorado in the future, as that such strategies will achieve any structure, and in that structure, potentially relevant to future actions, reduction in ozone.’’ One comment Congress reserved for each state the but we have received no other focused on data, claiming that the discretion, based on its expertise and demonstrations that relate to this action. CDPHE annual air quality data is judgment, whether to seek relief under As noted above, CAA section ‘‘incomplete and materially flawed’’ CAA section 179B(b). The EPA has no 181(b)(2)(A) requires the EPA because it does not account for authority to require the state to make a Administrator to determine whether an international emissions and exceptional different decision, nor may any party area attained the 2008 ozone 8-hour events, and that the ‘‘based on’’ make such a demonstration on behalf of NAAQS based on the area’s design language of section 181(b)(2) gives the the state. The EPA has not received a value as of the July 20, 2018 attainment EPA the discretion to consider factors section 179B(b) demonstration from date, which in this case was 0.079 ppm, other than the air quality data submitted Colorado. based on data from calendar years 2015– by the state. The commenter asked the As to exceptional events, an 2017. EPA to reopen the public comment acceptable demonstration must meet Finally, the EPA disagrees with the period so that it can ‘‘more fully requirements of the Exceptional Events assertion that section 181(b)(2) affords evaluate the impact of international Rule, promulgated at 40 CFR 50.14. the agency the discretion to consider emissions and exceptional events on Under this rule, demonstrating that an other factors besides an area’s air quality ozone concentrations in Colorado.’’ event meets these requirements begins design value in determining whether an Also, the commenter urged the EPA to with a state identifying monitoring data area attained by its attainment date. But propose a new rule finding that the that were affected by an exceptional even if the commenters’ interpretations Denver Area attained the 2008 ozone event and resulted in exceedances or were correct, for the reasons explained NAAQS. violations of any NAAQS for purposes above and in the Response to Response: Detailed responses to the of a regulatory determination. Once a Comments, it would be reasonable in above comments are in the Response to state identifies such data, it may choose this case not to exercise that discretion, Comments document in the docket for to notify the Regional EPA office of its and to consider only the design value. this action. A summary of those intent to submit an exceptional event Comment: Several commenters urged responses follows. The EPA has a demonstration.17 If the state chooses to the EPA not to finalize reclassification mandatory duty under CAA section submit a demonstration, it flags the of the Denver Area to Serious because 181(b)(2) to determine whether the associated data and creates an initial it will result in ‘‘immediate and long- Denver area attained by its July 20, 2018 event description in the EPA’s Air term damage’’ to the State’s economy attainment date based on the area’s Quality System. The state and the EPA and have ‘‘immeasurable economic design value as of the attainment date. communicate about any potential issues impacts on the business community’’ The area’s 2015–2017 design value of or deadlines that may be pertinent to the and elsewhere. Several commenters 0.079 parts per million is based on submission, and once the demonstration claimed that reclassification would certified, quality-assured air quality is finalized, the state must provide result in the loss of federal highway monitoring data. None of the air quality notice and opportunity for public funds. Response: The CAA does not allow considerations raised by commenters comment. After these steps have been the EPA to consider economic impacts permits the EPA to make a different completed, the state submits the in assessing whether an area has determination of attainment for the demonstration to the Regional EPA attained the NAAQS by the applicable Denver area. office for analyses and potential date. Instead, CAA section 181(b)(2) With respect to the influence of concurrence. requires the EPA to make the international emissions on a As some commenters note, the EPA determination of attainment based nonattainment area, CAA section previously reviewed two exceptional event demonstrations submitted as a solely on the design value, which is 179B(b) 15 specifies that ‘‘any state’’ that part of Colorado’s now-withdrawn derived entirely from monitored air establishes to the satisfaction of the request for an attainment date quality data. Here, we find that the Administrator that an ozone extension.18 These demonstrations were Denver Area did not attain the 2008 nonattainment area in such state would considered in calculating the design Ozone NAAQS by the Moderate have attained the ozone NAAQS ‘‘but value for the Denver Area that this attainment date, based on the area’s for emissions emanating from outside action is based on. That is, the 0.079 2015–2017 design value of 0.079 ppm— the United States’’ is not subject to CAA ppm design value for the Denver Area which unequivocally exceeds the requirements for reclassification upon excludes the two days covered by the standard of 0.075 ppm.19 As required by failure to attain.16 The clear statutory previously submitted exceptional event CAA section 181(b)(2)(A), the demonstrations. While the exclusion of 15 42 U.S.C. 7509a(b). Section 179B(a) is not determination that the Denver Area relevant to this action, because it concerns the failed to attain by the attainment date approvability of attainment demonstrations, and General Preamble for the Implementation of Title I results in a reclassification to Serious by does not apply to reclassifications. Accordingly, our of the Clean Air Act Amendments of 1990, 57 FR operation of law. discussion focuses on section 179B(b). 13498, 13569 (Apr. 16, 1992). As to loss of highway funds, the mere 16 The text of that section contains an erroneous 17 40 CFR 50.14(a). reference to section 18l(a)(2) instead of 181(b)(2); 18 See Letter from Garrison Kaufman (June 4, reclassification of an area does not our response to the comment would be the same 2018), docket ID no. EPA–R08–OAR–2019–0354– regardless of the cross-referenced section. See 0002. 19 See 83 FR 56784.

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automatically trigger highway sanctions 2008 ozone NAAQS.20 August 3, 2020, Serious Area obligations, and given or increased offset requirements under is also the deadline for areas classified section 182(i)’s focus on consistency, we section 179(b)(1). Sanctions would only Moderate and higher for the 2015 ozone [find] that aligning Colorado’s deadline be a possibility if the EPA finds that the NAAQS to submit RACT SIP with the national deadlines is State has failed to submit a plan under revisions.21 appropriate and necessary for achieving section 110, disapproves a submission, Comments on August 3, 2020 ‘consistency among the submissions’ of or finds that any requirement of an deadlines: Some commenters opposed all reclassified areas across the country approved plan is not being properly the deadline for SIP submissions and and supports achieving timely implemented, and would only be implementation of RACT measures tied attainment in the Denver Area.’’ 23 required if the State fails to remedy the to attainment because they asserted that With regard to the requests for a deficiency within 18 months. deadline would not provide a period of 18 months or longer for reasonable amount of time to evaluate submitting SIP revisions, the governor’s Comment: Several commenters were control options, conduct rulemaking, letter withdrawing the extension request concerned about the need for businesses and give affected sources sufficient time committed to ‘‘moving aggressively to obtain major source permits because to implement control requirements. forward and without delay in our efforts the major source threshold drops with a Several commenters said that it would to reduce ground level ozone Serious classification, and about the not be achievable for Colorado to concentrations in the Denver Metro/ potential of an increased backlog at develop and submit a SIP by the August North Front Range nonattainment area.’’ CDPHE for issuing permits. 3, 2020 deadline, especially because of We will work with Colorado’s air Response: We acknowledge Colorado’s legislative process. These planning agencies as they develop commenters’ concerns regarding commenters preferred a period of 18 additional attainment plans. resource needs for permitting new major months or more, or at least the same Furthermore, Colorado has known that sources under a Serious reclassification. amount of time as other reclassified revised implementation plans would be However, as previously discussed, CAA areas, for Serious Area SIP submission due soon after reclassification, in order section 181(b)(2) sets forth the due dates and implementation deadline to provide for expeditious attainment of requirements for the EPA to make an for RACT measures tied to attainment. the 2008 ozone NAAQS, and has had attainment determination and Several comments suggested that an the opportunity to make progress on subsequent reclassification due to extended deadline for SIP submittal plan development activities before failure to attain, and does not afford the could result in more significant issuance of this final action. Colorado agency any discretion to refrain from emission reduction measures than a was aware of proposed Serious SIP due reclassification because of commenters’ shortened deadline. On the other hand, dates since the November 14, 2018 concerns about permitting. The EPA other comments supported the August proposed DAAD, which is evident from recognizes the challenges posed by a 2, 2020 deadline based on the need to the comment letter submitted by CDPHE Serious classification, though, and is ‘‘rapidly address the pollution in connection with that proceeding.24 committed to working closely with problem,’’ and one commenter claimed And previously, when the Denver Area Colorado to help them with planning that the EPA’s ‘‘history of repeated was reclassified from Marginal to requirements associated with this delay in implementing the 2008 NAAQS Moderate nonattainment,25 the State classification. further justifies EPA’s proposal to adopt only had seven months from the the same SIP submission due dates and effective date of reclassification to C. Comments Concerning Serious Area implementation deadlines that were submit Moderate and RACT SIPs. The SIP Revision Submission Deadlines and finalized in EPA’s August 2019 national Colorado Air Quality Control Reasonably Available Control rulemaking.’’ Commission has adopted new and Technology (RACT) Implementation Response: CAA section 182(i) gives revised rules in 2019 to prepare for the Deadlines the Administrator the authority to adjust development and submission of a SIP submission due dates as necessary Serious SIP. Some of these include The EPA received comments on the or appropriate to assure consistency adoption of Regulation Number 21 to proposed Serious area deadlines for among SIP submissions.22 In establish VOC content limits for submitting SIP and RACT revisions, and interpreting ‘‘consistency among the consumer products and architectural on the deadlines for implementation of required submissions,’’ the EPA is not and industrial maintenance coatings RACT. After full consideration of those only considering submissions for manufactured and/or sold in Colorado, comments, and pursuant to CAA section multiple ozone NAAQS that are revisions to Regulation Number 7 to 182(i), the EPA is finalizing the currently being implemented, but also minimize emissions from the oil and gas following SIP submission due dates and consistency among the various similarly sector, and adoption of certain RACT for RACT implementation deadlines for situated nonattainment areas that are major sources with VOC and/or NOx Colorado. The due date for Serious area being reclassified. As stated in section II emissions equal to or greater than 50 SIP revisions, including RACT measures of the proposal’s preamble, ‘‘given the tons per year (tpy). Nonetheless, the tied to attainment for the Denver Area, State’s commitment to addressing its EPA recognizes the challenges posed by will be August 3, 2020. That is also the these due dates and deadlines and is implementation deadline for RACT 20 See 84 FR 44238. committed to working closely with measures tied to attainment. For SIP 21 See Final Rule, Implementation of the 2015 revisions for RACT measures not tied to National Ambient Air Quality Standards for Ozone: 23 84 FR at 41676. attainment, the EPA is finalizing a due Nonattainment Area State Implementation Plan 24 Comment submitted by Garry Kaufman, date of March 23, 2021 and an Requirements, 83 FR 62998, 63007 (Dec. 6, 2018) Director, Air Pollution Control Division, CDPHE (setting RACT submission deadlines at ‘‘no later implementation deadline of July 20, and Mike Silverstein, Executive Director, Regional than 24 months after the effective date of Air Quality Council, docket ID no. EPA–R08–OAR– 2021. All of these deadlines are nonattainment designation’’); Final Rule, 2019–0354–0011. consistent with deadlines finalized in Additional Air Quality Designations for the 2015 25 Final Rule, Determinations of Attainment by the August 2019 national rulemaking Ozone National Ambient Air Quality Standards, 83 the Attainment Date, Extensions of Attainment FR 25776 (June 4, 2018) (designating areas effective that reclassified several other areas Date, and Reclassification of Several Areas for the August 3, 2018). 2008 Ozone National Ambient Air Quality classified as Moderate to Serious for the 22 42 U.S.C. 7511a(i). Standards, 81 FR 26697 (May 4, 2017).

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states to help them as they prepare SIP do so. As noted in the August 23, 2019 by the CAA. Instead, this rulemaking revisions in a timely manner. rulemaking, we believe that a slightly only makes factual determinations, and Comment on deadline for longer timeframe for measures that are does not directly regulate any entities. implementing RACT measures not tied not directly tied to the area’s attainment to attainment: One commenter stated can be appropriate, especially where an E. Unfunded Mandates Reform Act that adopting and enforcing RACT by area is simultaneously implementing (UMRA) July 20, 2021 is a significant regulatory two ozone standards, such that This action does not contain any burden, and that the legislative additional controls will help the area unfunded mandate as described in framework in Colorado ‘‘makes it attain both standards more unworkable for Colorado to meet the expeditiously. UMRA, 2 U.S.C. 1531–1538, and does proposed deadlines for RACT revisions not significantly or uniquely affect small and the proposed deadlines are III. Statutory and Executive Order governments. This action imposes no therefore arbitrary and capricious.’’ Reviews enforceable duty on any state, local or CDPHE’s comment on the November 14, A. Executive Order 12866: Regulatory tribal governments or the private sector. 2018 proposal recommended aligning Planning and Review and Executive F. Executive Order 13132: Federalism the Serious SIP submittals, including Order 13563: Improving Regulation and RACT, with the Moderate area SIP Regulatory Review This action does not have federalism 26 submittal for the 2015 ozone standard. This action is not a significant implications. It will not have substantial Alternatively, the State asked for a regulatory action and was therefore not direct effects on the states, tribes, or the period of 18 months to two years from submitted to the Office of Management relationship between the national the effective date of reclassification to and Budget (OMB) for review. government and the states and tribes, or submit a Serious RACT SIP. Several on the distribution of power and B. Executive Order 13771: Reducing commenters on this action supported responsibilities among the various Regulations and Controlling Regulatory the time frames that CDPHE levels of government. recommended. Costs CDPHE preferred a RACT This action is not an Executive Order G. Executive Order 13175: Consultation implementation deadline of January 1, 13771 regulatory action because this and Coordination With Indian Tribal 2024, as proposed in the national notice, action is not significant under Executive Governments to allow more time for Colorado to Order 12866. identify, adopt, and implement This action does not apply on any measures for ozone precursor C. Paperwork Reduction Act (PRA) Indian reservation land or in any other reductions. One commenter agreed with This rule does not impose any new area where EPA or an Indian tribe has this deadline and claimed that it would information collection burden under the demonstrated that a tribe has be ‘‘unlikely that Colorado [could] PRA not already approved by the Office jurisdiction. In those areas of Indian consider any measures not already in of Management and Budget.27 This country, the rule does not have tribal place for sources over 100 tpy’’ with an action does not contain any information implications and will not impose implementation date of August 3, 2020. collection activities and serves only to substantial direct costs on tribal Other commenters supported the make final: (1) A determination that the governments or preempt tribal law. proposal to adopt the same SIP Denver Area Moderate ozone submission due dates and nonattainment area failed to attain the H. Executive Order 13045: Protection of implementation deadlines that were 2008 NAAQS by the July 20, 2018 Children From Environmental Health finalized in the EPA’s August 2019 where such area will be reclassified to and Safety Risks national rulemaking, citing to the need Serious nonattainment for the 2008 for national consistency under Section The EPA interprets Executive Order ozone standards by operation of law 13045 as applying only to those 182(i). upon the effective date of the final regulatory actions that concern Response: As previously discussed, reclassification action; and (2) environmental health or safety risks that the EPA has concluded that it is establishment of adjusted due dates for the EPA has reason to believe may appropriate under CAA section 182(i) to SIP revisions, including RACT SIP disproportionately affect children, per align the submission and revisions, and RACT implementation implementation deadlines for RACT not deadlines. the definition of ‘‘covered regulatory needed for attainment with other areas action’’ in section 2–202 of the recently reclassified to Serious for the D. Regulatory Flexibility Act (RFA) Executive Order. This action is not 2008 ozone NAAQS. The deadlines that I certify that this action will not have subject to Executive Order 13045 the State has requested are well beyond a significant economic impact on a because it does not concern an the Serious area attainment date, and it substantial number of small entities environmental health risk or safety risk. is self-evident that an implementation under the RFA. This action will not I. Executive Order 13211: Actions That deadline beyond the attainment date impose any requirements on small Significantly Affect Energy Supply, cannot serve timely attainment. Also, entities. The determination of failure to the deadlines being finalized today best attain the 2008 ozone NAAQS (and Distribution, or Use support the State’s expressed resulting reclassification) does not in This action is not subject to Executive commitment to reducing ground level and of itself create any new Order 13211, because it is not a ozone concentrations in the Denver requirements beyond what is mandated significant regulatory action under Area. The approach being finalized sets Executive Order 12866. a later deadline for RACT 27 On April 30, 2018, the OMB approved the implementation than for submission, EPA’s request for renewal of the previously J. National Technology Transfer which allows some time to implement approved information collection request (ICR). The renewed request expires on April 30, 2021, three Advancement Act (NTTAA) RACT measures where it is possible to years after the approval date (see OMB Control Number 2060–0695 and ICR Reference Number This rulemaking does not involve 26 83 FR 56781. 201801–2060–003 for EPA ICR No. 2347.03). technical standards.

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K. Executive Order 12898: Federal appropriate circuit by February 24, Agency amends 40 CFR part 81 as Actions To Address Environmental 2020. Filing a petition for follows: Justice in Minority Populations and reconsideration by the Administrator of Low-Income Populations this final rule does not affect the finality PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING This action does not provide EPA of this action for the purposes of judicial with the discretionary authority to review nor does it extend the time PURPOSES within which a petition for judicial address, as appropriate, review may be filed, and shall not ■ disproportionate human health or 1. The authority citation for part 81 postpone the effectiveness of such rule environmental effects, using practicable continues to read as follows: or action. This action may not be and legally permissible methods. challenged later in proceedings to Authority: 42 U.S.C. 7401, et seq. L. Congressional Review Act (CRA) enforce its requirements. (See section Subpart C—Section 107 Attainment 307(b)(2).) This rule is exempt from the CRA Status Designations because it is a rule of particular List of Subjects in 40 CFR Part 81 applicability. The rule makes factual Environmental protection, Air ■ 2. In § 81.306, the table ‘‘Colorado— determinations for specific entities and pollution control, Carbon monoxide, 2008 8-Hour Ozone NAAQS (Primary does not directly regulate any entities. Designations and classifications, and secondary)’’ is amended by revising The determination of failure to attain Greenhouse gases, Intergovernmental the ‘‘Date’’ and ‘‘Type’’ entries under the 2008 ozone NAAQS (and resulting relations, Lead, Nitrogen dioxide, ‘‘Classification’’ for ‘‘Denver-Boulder- reclassification) does not in itself create Ozone, Particulate matter, Reporting Greeley-Ft. Collins-Loveland, CO:2’’ to any new requirements beyond what is and recordkeeping requirements, Sulfur read as follows: mandated by the CAA. oxides, Volatile organic compounds. § 81.306 Colorado. M. Judicial Review Dated: December 16, 2019. * * * * * Under section 307(b)(1) of the Clean Gregory Sopkin, Air Act, petitions for judicial review of Regional Administrator, Region 8. this action must be filed in the United For the reasons stated in the States Court of Appeals for the preamble, the Environmental Protection

COLORADO—2008 8-HOUR OZONE NAAQS [Primary and secondary]

Designation Classification

Designated Area Date 1 Type Date 1 Type

Denver-Boulder-Greeley-Ft. Collins-Loveland, CO: 2 ...... Nonattainment ...... 1/27/2020. Serious.

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* * * * * Effective date: This rule is effective comment, your email address will be [FR Doc. 2019–27485 Filed 12–23–19; 8:45 am] January 15, 2020. automatically captured and included as BILLING CODE 6560–50–P Comment due date: Technical part of the comment that is placed in the comments may be submitted until public docket and made available on the January 27, 2020. internet. Please note that responses to ADDRESSES: CORPORATION FOR NATIONAL AND You may submit comments, this public comment request containing COMMUNITY SERVICE identified by the title of the information any routine notice about the collection activity, by any of the confidentiality of the communication 45 CFR Parts 1230 and 2554 following methods: will be treated as public comments that (1) By mail sent to: Corporation for may be made available to the public RIN 3045–AA73 National and Community Service; notwithstanding the inclusion of the Attention Stephanie Soper; Office of routine notice. Annual Civil Monetary Penalties General Counsel; 250 E Street SW, Inflation Adjustment Washington, DC 20525. FOR FURTHER INFORMATION CONTACT: (2) By hand delivery or by courier to Stephanie Soper, Law Office Manager, AGENCY: Corporation for National and the CNCS mailroom at the address Office of General Counsel, at 202–606– Community Service. above between 9:00 a.m. and 4:00 p.m. 6747 or email to [email protected]. ACTION: Interim final rule. Eastern Time, Monday through Friday, SUPPLEMENTARY INFORMATION: SUMMARY: The Corporation for National except federal holidays. (3) Electronically through and Community Service (CNCS) is I. Background www.regulations.gov. updating its regulations to reflect Comments submitted in response to The Corporation for National and required annual inflation-related this Notice will be made available to the Community Service (CNCS) is a federal increases to the civil monetary penalties public through www.regulations.gov. agency that engages millions of in its regulations, pursuant to the For this reason, please do not include in Americans in service through its Federal Civil Penalties Inflation your comments information of a AmeriCorps, Senior Corps, and Adjustment Act Improvements Act of confidential nature, such as sensitive Volunteer Generation Fund programs to 2015. personal information or proprietary further its mission to improve lives, DATES: information. If you send an email strengthen communities, and foster

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