Air Quality Designations for the 2010 Sulfur Dioxide (SO2, 45039-45055 [2016-16348]

Download as PDF mstockstill on DSK3G9T082PROD with RULES Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations (2) Closed areas may not be reopened to traditional gathering and removal until the reasons for the closure have been resolved. (3) Except in emergency situations, the Superintendent will provide public notice of any closure under this section in accordance with § 1.7 of this chapter. The Superintendent will also provide written notice of the closure directly to any tribe that has an agreement to gather and remove plants or plant parts from the closed area. (i) When may the Superintendent suspend or terminate an agreement or permit? (1) The Superintendent may suspend or terminate a gathering agreement or implementing permit if the tribe or a tribal member violates any term or condition of the agreement or the permit. (2) The Superintendent may suspend or terminate a gathering agreement or implementing permit if unanticipated or significant adverse impacts to park area resources or values occur. (3) If a Superintendent suspends or terminates a gathering agreement or implementing permit, then the Superintendent must prepare a written determination justifying the action and must provide a copy of the determination to the tribe. (4) Before terminating a gathering agreement or implementing permit, the Superintendent must obtain the written concurrence of the Regional Director. (j) When is gathering prohibited? Gathering, possession, or removal from a park area of plants or plant parts (including for traditional purposes) is prohibited except where specifically authorized by: (1) Federal statutory law; (2) Treaty rights; (3) Other regulations of this chapter; or (4) An agreement and permit issued under this section. (k) How may a tribe appeal a Superintendent’s decision not to enter into a gathering agreement under this rule? If a Superintendent denies a tribe’s request to enter into a gathering agreement, then the Superintendent will provide the tribe with a written decision setting forth the reasons for the denial. Within 60 days after receiving the Superintendent’s written decision, the tribe may appeal, in writing, the Superintendent’s decision to the Regional Director. The appeal should set forth the substantive factual or legal bases for the tribe’s disagreement with the Superintendent’s decision and any other information the tribe wishes the Regional Director to consider. Within 45 days after receiving the tribe’s written VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 appeal, the Regional Director will issue and send to the tribe a written decision that affirms, reverses, or modifies the Superintendent’s decision. The Regional Director’s appeal decision will constitute the final agency action on the matter. Appeals under this section constitute an administrative review and are not conducted as an adjudicative proceeding. (l) Have the information collection requirements been approved? The Office of Management and Budget has reviewed and approved the information collection requirements in this section and assigned OMB Control No. 1024– 0271. We will use this information to determine whether a traditional association and purpose can be documented in order to authorize traditional gathering. We may not conduct or sponsor and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. You may send comments on any aspect of this information collection to the Information Collection Clearance Officer, National Park Service, 12201 Sunrise Valley Drive (Mail Stop 242), Reston, VA 20192. Karen Hyun, Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2016–16434 Filed 7–11–16; 8:45 am] BILLING CODE 4310–EJ–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–HQ–OAR–2014–0464; FRL–9948–87– OAR] Air Quality Designations for the 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard—Round 2 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This rule establishes the initial air quality designations for certain areas in the United States (U.S.) for the 2010 primary sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The Environmental Protection Agency (EPA) is designating the areas as either nonattainment, unclassifiable/attainment, or unclassifiable, based on whether the areas do not meet the NAAQS or contribute to a nearby area that does not meet the NAAQS; meet the NAAQS; or cannot be classified on the basis of SUMMARY: PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 45039 available information as meeting or not meeting the NAAQS, respectively. The designations are based on the weight of evidence for each area, including available air quality monitoring data and air quality modeling. The Clean Air Act (CAA) directs areas designated nonattainment by this rule to undertake certain planning and pollution control activities to attain the SO2 NAAQS as expeditiously as practicable. This is the second round of area designations for the 2010 SO2 NAAQS. DATES: The effective date of this rule is September 12, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID NO. EPA–HQ–OAR–2014–0464. All documents in the docket are listed in the http://www.regulations.gov Web site. Although listed in the 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. Publicly available docket materials are available either electronically in http:// www.regulations.gov. In addition, the EPA has established a Web site for the initial SO2 designations rulemakings at: https:// www.epa.gov/sulfur-dioxidedesignations. The Web site includes the EPA’s final SO2 designations, as well as state and tribal initial recommendation letters, the EPA’s modification letters, technical support documents, responses to comments and other related technical information. FOR FURTHER INFORMATION CONTACT: For general questions concerning this action, please contact Rhea Jones, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Planning Division, C539–04, Research Triangle Park, NC 27711, telephone (919) 541– 2940, email at jones.rhea@epa.gov. SUPPLEMENTARY INFORMATION: U.S. EPA Regional Office Contacts: Region I—Leiran Biton, telephone (617) 918–1267, email at biton.leiran@epa.gov. Region II—Henry Feingersh, telephone (212) 637–3382, email at feingersh.henry@epa.gov. Region III—Irene Shandruk, telephone (215) 814–2166, email at shandruk.irene@epa.gov. Region IV—Twunjala Bradley, telephone (404) 562–9352, email at bradley.twunjala@epa.gov. Region V—John Summerhays, telephone (312) 886–6067, email at summerhays.john@epa.gov. E:\FR\FM\12JYR1.SGM 12JYR1 45040 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations Region VI—Dayana Medina, telephone (214) 665–7241, email at medina.dayana@epa.gov. Region VII—David Peter, telephone (913) 551–7397, email at peter.david@epa.gov. Region VIII—Adam Clark, telephone (303) 312–7104, email at clark.adam@epa.gov. Region IX—Gwen Yoshimura, telephone (415) 947–4134, email at yoshimura.gwen@epa.gov. Region X—John Chi, U.S. EPA, telephone (206) 553–1185, email at chi.john@epa.gov. The public may inspect the rule and state-specific technical support information at the following locations: Regional offices States Dave Conroy, Chief, Air Programs Branch, EPA New England, 1 Congress Street, Suite 1100, Boston, MA 02114–2023, (617) 918–1661. Richard Ruvo, Chief, Air Planning Section, EPA Region II, 290 Broadway, 25th Floor, New York, NY 10007–1866, (212) 637–4014. Cristina Fernandez, Associate Director, Office of Air Program Planning, EPA Region III, 1650 Arch Street, Philadelphia, PA 19103–2187, (215) 814–2178. R. Scott Davis, Chief, Air Planning Branch, EPA Region IV, Sam Nunn Atlanta Federal Center, 61 Forsyth, Street, SW, 12th Floor, Atlanta, GA 30303, (404) 562–9127. John Mooney, Chief, Air Programs Branch, EPA Region V, 77 West Jackson Street, Chicago, IL 60604, (312) 886–6043. Guy Donaldson, Chief, Air Planning Section, EPA Region VI, 1445 Ross Avenue, Dallas, TX 75202, (214) 665–7242. Mike Jay, Chief, Air Programs Branch, EPA Region VII, 11201 Renner Blvd., Lenexa, KS 66129, (913) 551–7460. Monica Morales, Acting Air Program Director, EPA Region VIII, 1595 Wynkoop Street, Denver, CO 80202–1129, (303) 312–6936. Doris Lo, Air Planning Office, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 972–3959. Debra Suzuki, Manager, State and Tribal Air Programs, EPA Region X, Office of Air, Waste, and Toxics, Mail Code OAQ–107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553–0985. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. New Jersey, New York, Puerto Rico and Virgin Islands. mstockstill on DSK3G9T082PROD with RULES The following is an outline of the Preamble. VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee. Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin. Arkansas, Louisiana, New Mexico, Oklahoma and Texas. Iowa, Kansas, Missouri and Nebraska. Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. American Samoa, Arizona, California, Guam, Hawaii, Nevada and Northern Mariana Islands. Alaska, Idaho, Oregon and Washington. 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 Table of Contents I. Preamble Glossary of Terms and Acronyms II. What is the purpose of this action? III. What is the 2010 SO2 NAAQS and what are the health concerns that it addresses? IV. What are the CAA requirements for air quality designations and what action has the EPA taken to meet these requirements? V. What guidance did the EPA issue and how did the EPA apply the statutory requirements and applicable guidance to determine area designations and boundaries? VI. What air quality information has the EPA used for these designations? VII. How do the Round 2 designations affect Indian country? VIII. Where can I find information forming the basis for this rule and exchanges between the EPA, states and tribes related to this rule? IX. Environmental Justice Concerns X. 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 (URMA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Delaware, District of Columbia, Maryland, Pennsylvania, Virginia and West Virginia. 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 DC District of Columbia EO Executive Order EPA Environmental Protection Agency FR Federal Register NAAQS National Ambient Air Quality Standards NTTAA National Technology Transfer and Advancement Act OMB Office of Management and Budget SO2 Sulfur Dioxide SOX Sulfur Oxides RFA Regulatory Flexibility Act UMRA Unfunded Mandate Reform Act of 1995 TAR Tribal Authority Rule TAD Technical Assistance Document TSD Technical Support Document PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 U.S. United States VCS Voluntary Consensus Standards II. What is the purpose of this action? The purpose of this final action is to announce and promulgate initial air quality designations for certain areas in the U.S. for the 2010 primary SO2 NAAQS, in accordance with the requirements of the CAA. The EPA is designating areas as either nonattainment, unclassifiable/ attainment, or unclassifiable, based on whether the areas do not meet the NAAQS or contribute to a nearby area that does not meet the NAAQS; meet the NAAQS; or cannot be classified on the basis of available information as meeting or not meeting the NAAQS, respectively. This is the second round of designations for the 2010 SO2 NAAQS. As discussed in Section IV of this document, the EPA is designating SO2 areas in multiple rounds. The EPA completed the first round of SO2 designations in an action signed by the Administrator on July 25, 2013 (78 FR 47191; August 5, 2013). In that action, the EPA designated 29 areas in 16 states as nonattainment, based on air quality monitoring data. In this second round of SO2 designations, the EPA is designating 61 additional areas in 24 states: 4 nonattainment areas, 41 unclassifiable/ attainment areas and 16 unclassifiable E:\FR\FM\12JYR1.SGM 12JYR1 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations areas. The list of areas being designated in the affected states and the boundaries of each area appear in the tables for each state within the regulatory text at the end of this document. These designations are based on the EPA’s technical assessment of and conclusions regarding the weight of evidence for each area, including but not limited to available air quality monitoring data or air quality modeling. With respect to air quality monitoring data, the EPA considered data from at least the most recent three calendar years 2013–2015, as available, including an evaluation of exceptional event claims.1 In most of the modeling runs conducted by states or third parties, the impacts of the actual emissions for the 3-year periods 2012–2014 or 2013–2015 were considered, and in some cases modeling evaluated recent or not-yet-effective allowable emissions limits in lieu of or as a supplement to modeling of actual emissions. For the areas being designated nonattainment, the CAA directs states to develop and submit to the EPA State Implementation Plans within 18 months of the effective date of this final rule, that meet the requirements of sections 172(c) and 191–192 of the CAA and provide for attainment of the NAAQS as expeditiously as practicable, but not later than 5 years from the effective date of this final rule. We also note that under EPA’s Data Requirements Rule in 40 CFR part 51, subpart BB (80 FR 51052; August 21, 2015), the EPA expects to receive additional air quality characterization for many of the sources located in areas subject to this round of designations, and the agency could consider such data that corresponds to those areas designated unclassifiable in this round in future actions that assess the areas’ air quality status. mstockstill on DSK3G9T082PROD with RULES III. What is the 2010 SO2 NAAQS and what are the health concerns that it addresses? The Administrator signed a final rule revising the primary SO2 NAAQS on June 2, 2010. The rule was published in 1 Exceptional event claims influenced the EPA’s designation for an area in Hawaii. The CAA and the EPA’s implementing regulations allow for the exclusion of air quality monitoring data from use in regulatory determinations when there are exceedances and/or violations caused by events that satisfy the criteria within the Exceptional Events Rule codified at 40 CFR 50.1, 50.14 and 51.930. The exclusion of event-influenced data from the data set that is used to calculate design values could result in regulatory relief from an initial area designation as nonattainment. The design value used to determine the unclassifiable/attainment area designation for Hawaii County, Hawaii reflects the EPA’s concurrence on multiple exceptional events claims influencing monitored concentrations at monitors in Hawaii County, Hawaii. VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 the Federal Register on June 22, 2010 (75 FR 35520) and became effective on August 23, 2010. Based on the Administrator’s review of the air quality criteria for oxides of sulfur and the primary NAAQS for oxides of sulfur as measured by SO2, the EPA revised the primary SO2 NAAQS to provide requisite protection of public health with an adequate margin of safety. Specifically, the EPA established a new 1-hour SO2 standard at a level of 75 parts per billion (ppb), which is met at an ambient air quality monitoring site when the 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations is less than or equal to 75 ppb, as determined in accordance with Appendix T of 40 CFR part 50. 40 CFR 50.17(a)–(b). The EPA also established provisions to revoke both the existing 24-hour and annual primary SO2 standards, subject to certain conditions. 40 CFR 50.4(e). Current scientific evidence links short-term exposures to SO2, ranging from 5 minutes to 24 hours, with an array of adverse respiratory effects including bronchoconstriction and increased asthma symptoms. These effects are particularly important for asthmatics at elevated ventilation rates (e.g., while exercising or playing). Studies also show a connection between short-term exposure and increased visits to emergency departments and hospital admissions for respiratory illnesses, particularly in at-risk populations including children, the elderly and asthmatics. The EPA’s NAAQS for SO2 is designed to protect against exposure to the entire group of sulfur oxides (SOX). SO2 is the component of greatest concern and is used as the indicator for the larger group of gaseous SOX. Other gaseous SOX (e.g., SO3) are found in the atmosphere at concentrations much lower than SO2. Emissions that lead to high concentrations of SO2 generally also lead to the formation of other SOX. Control measures that reduce SO2 can generally be expected to reduce people’s exposures to all gaseous SOX. This may also have the important co-benefit of reducing the formation of fine sulfate particles, which pose significant public health threats. SOX can react with other compounds in the atmosphere to form small particles. These particles penetrate deeply into sensitive parts of the lungs and can cause or worsen respiratory disease, such as emphysema and bronchitis, and can aggravate existing heart disease, leading to increased hospital admissions and PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 45041 premature death.2 The EPA’s NAAQS for particulate matter are designed to provide protection against these health effects. IV. What are the CAA requirements for air quality designations and what action has the EPA taken to meet these requirements? After the EPA promulgates a new or revised NAAQS, the EPA is required to designate all areas of the country as either ‘‘nonattainment,’’ ‘‘attainment,’’ 3 or ‘‘unclassifiable,’’ for that NAAQS pursuant to section 107(d)(1) of the CAA. Section 107(d)(1)(A)(i) of the CAA defines a nonattainment area as ‘‘any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for the pollutant.’’ If an area meets either prong of this definition, then the EPA is obligated to designate the area as ‘‘nonattainment.’’ This provision also defines an attainment area as any area other than a nonattainment area that meets the NAAQS and an unclassifiable area as any area that cannot be classified on the basis of available information as meeting or not meeting the NAAQS. The process for designating areas following promulgation of a new or revised NAAQS is contained in section 107(d) of the CAA. The CAA requires the EPA to complete the initial designations process within 2 years of promulgating a new or revised standard. If the Administrator has insufficient information to make these designations by that deadline, the EPA has the authority to extend the deadline for completing designations by up to 1 year. On July 27, 2012, the EPA announced that it had insufficient information to complete the designations for the 1-hour SO2 standard within 2 years and extended the designations deadline to June 3, 2013 (77 FR 46295; August 3, 2012). By no later than 1 year after the promulgation of a new or revised NAAQS, CAA section 107(d)(1)(A) provides that each state governor is required to recommend air quality 2 See Fact Sheet titled, ‘‘Revisions to the Primary National Ambient Air Quality Standard, Monitoring Network, and Data Reporting Requirements for Sulfur Dioxide’’ at http://www3.epa.gov/airquality/ sulfurdioxide/pdfs/20100602fs.pdf. 3 Consistent with designations for other pollutants, the EPA is using the designation category of ‘‘unclassifiable/attainment’’ for areas where appropriate air quality data demonstrate attainment (for SO2 this can be through monitoring and/or modeling) and for areas for which such data are not available but for which the EPA has reason to believe the areas are likely attainment and have not been determined to be contributing to nearby violations. E:\FR\FM\12JYR1.SGM 12JYR1 mstockstill on DSK3G9T082PROD with RULES 45042 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations designations, including the appropriate boundaries for areas, to the EPA. The EPA reviews those state recommendations and is authorized to make any modifications the Administrator deems necessary. The statute does not define the term ‘‘necessary,’’ but the EPA interprets this to authorize the Administrator to modify designations that did not meet the statutory requirements or were otherwise inconsistent with the facts or analysis deemed appropriate by the EPA. If the EPA is considering modifications to a state’s initial recommendation, the EPA is required to notify the state of any such intended modifications to its recommendation not less than 120 days prior to the EPA’s promulgation of the final designation. These notifications are commonly known as the ‘‘120-day letters.’’ During this period, if the state does not agree with the EPA’s modification, it has an opportunity to respond to the EPA and to demonstrate why it believes the modification proposed by the EPA is inappropriate. If a state fails to provide any recommendation for an area, in whole or in part, the EPA still must promulgate a designation that the Administrator deems appropriate, pursuant to CAA section 107(d)(1)(B)(ii). While CAA section 107(d) specifically addresses the designations process between the EPA and states, the EPA intends to follow the same process to the extent practicable for tribes that choose to make designation recommendations. If a tribe does not provide designation recommendations, the EPA will promulgate the designations that the Administrator deems appropriate. The EPA notes that CAA section 107(d) provides the agency with discretion to determine how best to interpret the terms in the definition of a nonattainment area (e.g., ‘‘contributes to’’ and ‘‘nearby’’) for a new or revised NAAQS, given considerations such as the nature of a specific pollutant, the types of sources that may contribute to violations, the form of the standards for the pollutant, and other relevant information. In particular, the EPA’s position is that the statute does not require the agency to establish bright line tests or thresholds for what constitutes ‘‘contribution’’ or ‘‘nearby’’ for purposes of designations.4 Similarly, the EPA’s position is that the statute permits the EPA to evaluate the appropriate application of the term ‘‘area’’ to include geographic areas based upon full or partial county 4 This view was confirmed in Catawba County v. EPA, 571 F.3d 20 (D.C. Cir. 2009). VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 boundaries, as may be appropriate for a particular NAAQS. For example, CAA section 107(d)(1)(B)(ii) explicitly provides that the EPA can make modifications to designation recommendations for an area ‘‘or portions thereof,’’ and under CAA section 107(d)(1)(B)(iv) a designation remains in effect for an area ‘‘or portion thereof’’ until the EPA redesignates it. For the 2010 SO2 NAAQS, designation recommendations were due to the EPA by June 3, 2011. Designation recommendations and supporting documentation were submitted by most states and several tribes to the EPA by that date. After receiving these recommendations, and after reviewing and evaluating each recommendation, the EPA provided responses to the states and tribes regarding certain areas on February 7, 2013. The state and tribal letters, including the initial recommendations, the EPA’s February 2013 responses to those letters, any modifications, and the subsequent state comment letters, are in the separate docket for that first round of SO2 designations, at Docket ID NO. EPA– HQ–OAR–2012–0233. Although not required by section 107(d) of the CAA, the EPA also provided an opportunity for members of the public to comment on the EPA’s February 2013 response letters. The EPA completed the first round of SO2 designations on July 25, 2013, designating 29 areas in 16 states as nonattainment (78 FR 47191; August 5, 2013). In the preamble to that action, the EPA stated that in separate future actions, it intended to address designations for all other areas for which the agency was not yet prepared to issue designations and that were consequently not addressed in that final rule. With input from a diverse group of stakeholders, EPA developed a comprehensive implementation strategy for the future SO2 designations actions that focuses resources on identifying and addressing unhealthy levels of SO2 in areas where people are most likely to be exposed to violations of the standard. Following the initial August 5, 2013, designations, three lawsuits were filed against the EPA in different U.S. District Courts, alleging the agency had failed to perform a nondiscretionary duty under the CAA by not designating all portions of the country by the June 2, 2013, deadline. In an effort intended to resolve the litigation in one of those cases, the EPA and the plaintiffs, Sierra Club and the Natural Resources Defense Council, filed a proposed consent decree with the U.S. District Court for the Northern District of California. On March 2, 2015, the court entered the PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 consent decree and issued an enforceable order for the EPA to complete the area designations by three specific deadlines according to the court-ordered schedule. According to the court-ordered schedule, the EPA must complete this second round of SO2 designations by no later than July 2, 2016 (16 months from the court’s order). The court order specifies that in this round the EPA must designate two groups of areas: (1) Areas that have newly monitored violations of the 2010 SO2 NAAQS and (2) areas that contain any stationary sources that had not been announced as of March 2, 2015, for retirement and that, according to the EPA’s Air Markets Database, emitted in 2012 either (i) more than 16,000 tons of SO2, or (ii) more than 2,600 tons of SO2 with an annual average emission rate of at least 0.45 pounds of SO2 per one million British thermal units (lbs SO2/mmBTU). Specifically, a stationary source with a coal-fired electric generating unit that, as of January 1, 2010, had a capacity of over 5 megawatts and otherwise meets the emissions criteria, is excluded from the July 2, 2016, deadline if it had announced through a company public announcement, public utilities commission filing, consent decree, public legal settlement, final state or federal permit filing, or other similar means of communication, by March 2, 2015, that it will cease burning coal at that unit. The last two court-ordered deadlines for completing remaining designations are December 31, 2017 (Round 3), and December 31, 2020 (Round 4). In Round 3, the EPA must designate any remaining undesignated areas, for which, by January 1, 2017, states have not installed and begun operating a new SO2 monitoring network meeting the EPA’s specifications referenced in the then-anticipated SO2 Data Requirements Rule. By December 31, 2020, the EPA must designate all remaining areas. The EPA finalized the SO2 Data Requirements Rule (DRR) on August 10, 2015, codified at 40 CFR part 51, subpart BB (80 FR 51052; August 21, 2015). The rule establishes requirements for state and other air agencies to provide additional monitoring or modeling information on a timetable consistent with these designation deadlines. We expect this additional information to become available in time to help inform these subsequent designations. On March 20, 2015, the EPA sent letters to Governors notifying them of the March 2, 2015, court order and identifying any sources in their states meeting the criteria for the round of E:\FR\FM\12JYR1.SGM 12JYR1 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES designations to be completed by July 2, 2016. The EPA offered states the opportunity to submit updated recommendations and supporting information for the EPA to consider for the affected areas. The EPA also notified states that the agency had updated its March 24, 2011, SO2 designations guidance to support analysis of designations and boundaries for the next rounds of designations. All of the states with affected areas submitted updated designation recommendations. For areas of Indian county, there were no violating monitors and no sources meeting the criteria for the designations to be completed by July 2, 2016. However, the EPA also sent letters to Tribal Leaders where the EPA had identified a state source that met the criteria in the court order and that could potentially be impacting the tribal land. The EPA also offered tribes the opportunity to submit information or a recommendation for the potentially affected areas of tribal land. No tribes submitted information or recommendations for this round of designations. On or about February 16, 2016, the EPA notified 24 affected states of its intended designation of certain specific areas as either nonattainment, unclassifiable/attainment, or unclassifiable for the SO2 NAAQS. These states then had the opportunity to demonstrate why they believed an intended modification of their updated recommendations by the EPA may be inappropriate. Although not required, as the EPA had done for the first round of SO2 designations, the EPA also chose to provide an opportunity for members of the public to comment on the EPA’s February 2016 response letters. The EPA published a notice of availability and public comment period for the intended designation on March 1, 2016 (81 FR 10563). The public comment period closed on March 31, 2016. The updated recommendations, the EPA’s February 2016 responses to those letters, any modifications, and the subsequent state and public comment letters, are in the docket for this second round of SO2 designations at Docket ID NO. EPA– HQ–OAR–2014–0464 and are available on the SO2 designations Web site. V. What guidance did the EPA issue and how did the EPA apply the statutory requirements and applicable guidance to determine area designations and boundaries? In the notice of proposed rulemaking for the revised SO2 NAAQS (74 FR 64810; December 8, 2009), the EPA issued proposed guidance on its approach to implementing the standard, VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 including its approach to initial area designations. The EPA solicited comment on that guidance and, in the notice of final rulemaking (75 FR 35520; June 22, 2010), provided further guidance concerning implementation of the standard and how to identify nonattainment areas and boundaries for the SO2 NAAQS. Subsequently, on March 24, 2011, the EPA provided additional designations guidance to assist states with making their recommendations for area designations and boundaries.5 That guidance recommended, among other things, that monitoring data from the most recent three consecutive years be used to identify a violation of the SO2 NAAQS. This is appropriate because the form of the SO2 NAAQS is calculated as a 3-year average of the 99th percentile of the yearly distribution of 1-hour daily maximum SO2 concentrations (specifically the most recent 3 consecutive years). The EPA based the first round of final SO2 designations on monitored SO2 concentrations from Federal Reference Method and Federal Equivalent Method monitors that are sited and operated in accordance with 40 CFR parts 50 and 58. In the March 24, 2011, guidance, the EPA stated that the perimeter of a county containing a violating monitor would be the initial presumptive boundary for nonattainment areas, but also stated that the state, tribe and/or the EPA could conduct additional areaspecific analyses that could justify establishing either a larger or smaller area. The EPA indicated that the following factors should be considered in an analysis of whether to exclude portions of a county and whether to include additional nearby areas outside the county as part of the designated nonattainment area: (1) Air quality data; (2) emissions-related data; (3) meteorology; (4) geography/topography; and (5) jurisdictional boundaries, as well as other available data. States and tribes may identify and evaluate other relevant factors or circumstances specific to a particular area. Following entry of the March 2, 2015, court order, updated designations guidance was issued by the EPA through a March 20, 2015, memorandum from Stephen D. Page, Director, U.S. EPA, Office of Air Quality Planning and Standards, to Air Division Directors, U.S. EPA Regions 1–10. This memorandum supersedes the March 24, 2011, designation guidance for the 2010 5 See, ‘‘Area Designations for the 2010 Revised Primary Sulfur Dioxide National Ambient Air Quality Standards,’’ memorandum to Regional Air Division Directors, Regions I–X, from Stephen D. Page, dated March 24, 2011. PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 45043 SO2 NAAQS, and identifies factors that the EPA intends to evaluate in determining whether areas are in violation of the 2010 SO2 NAAQS. The guidance also contains the factors the EPA intends to evaluate in determining the boundaries for all remaining areas in the country, consistent with the court’s order and schedule. These factors include: (1) Air quality characterization via ambient monitoring or dispersion modeling results; (2) emissions-related data; (3) meteorology; (4) geography and topography; and (5) jurisdictional boundaries. This guidance was supplemented by two non-binding technical assistance documents intended to assist states and other interested parties in their efforts to characterize air quality through air dispersion modeling or ambient air quality monitoring for sources that emit SO2. Notably, the EPA’s documents titled, ‘‘SO2 NAAQS Designations Modeling Technical Assistance Document’’ (Modeling TAD) and ‘‘SO2 NAAQS Designations Source-Oriented Monitoring Technical Assistance Document’’ (Monitoring TAD), were first made available to states and other interested parties in spring of 2013. Both of these documents were most recently updated in February 2016 and are available at https://www.epa.gov/ sulfur-dioxide-designations. VI. What air quality information has the EPA used for these designations? For designations for the SO2 NAAQS, air agencies have the flexibility to characterize air quality using either appropriately sited ambient air quality monitors or modeling of actual or allowable source emissions. The EPA issued the non-binding draft Monitoring TAD and Modeling TAD recommending how air agencies should conduct such monitoring or modeling. For the SO2 designations contained in this action, the EPA considered available air quality monitoring data from at least calendar years 2013–2015, including an evaluation of exceptional events claims, and modeling submitted by state air agencies and other parties. In most of the modeling runs, the impacts of the actual emissions for the 3-year periods 2012–2014 or 2013–2015 were considered, and in some cases modeling evaluated recent or not-yet-effective allowable emissions limits in lieu of or as a supplement to modeling of actual emissions. The 1-hour primary SO2 standard is violated at an ambient air quality monitoring site (or in the case of dispersion modeling, at an ambient air quality receptor location) when the 3-year average of the annual 99th percentile of the daily maximum 1-hour E:\FR\FM\12JYR1.SGM 12JYR1 45044 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations average concentrations exceeds 75 ppb, as determined in accordance with appendix T of 40 CFR part 50. For this round of designations there were no areas designated nonattainment based on monitoring data showing violations of the NAAQS. To determine modelbased violations, the EPA believes that dispersion modeling is an appropriate tool, as discussed in the Modeling TAD. The TAD provides recommendations on how an air agency might appropriately and sufficiently model ambient air in proximity to an SO2 emission source to establish air quality data for comparison to the 2010 primary SO2 NAAQS for the purposes of designations. mstockstill on DSK3G9T082PROD with RULES VII. How do the Round 2 designations affect Indian country? In Round 2 of the designations for the 2010 primary SO2 NAAQS, the EPA is designating 61 state areas as either nonattainment, unclassifiable/ attainment, or unclassifiable. For areas of Indian county, there were no violating monitors and no sources meeting the criteria for the designations to be completed by July 2, 2016. No areas of Indian country are being designated as nonattainment as part of this round. Any Indian country located in areas being designated as unclassifiable/attainment or unclassifiable are being designated along with the surrounding state area. All remaining state areas and areas of Indian country will be addressed in subsequent rounds of SO2 designations. VIII. Where can I find information forming the basis for this rule and exchanges between the EPA, states and tribes related to this rule? Information providing the basis for this action are provided in several technical support documents (TSDs), a response to comments document (RTC) and other information in the docket. The TSDs, RTC, applicable EPA’s guidance memoranda and copies of correspondence regarding this process between the EPA and the states, tribes and other parties, are available for review at the EPA Docket Center listed above in the ADDRESSES section of this document and on the agency’s SO2 Designations Web site at https:// www.epa.gov/sulfur-dioxidedesignations. Area-specific questions can be addressed to the EPA Regional Offices (see contact information provided at the beginning of this document). IX. 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 VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 either nonattainment, attainment, or unclassifiable. This final action addresses designation determinations for certain areas for the 2010 primary SO2 NAAQS. 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. X. Statutory and Executive Order Reviews Upon promulgation of a new or revised NAAQS, the CAA requires the EPA to designate areas as attaining or not attaining the NAAQS. The CAA then specifies requirements for areas based on whether such areas are attaining or not attaining the NAAQS. In this final rule, the EPA assigns designations to selected areas as required. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is exempted from review from 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 responds to the requirement to promulgate air quality designations after promulgation of a new or revised NAAQS. This requirement is prescribed in the CAA section 107 of title 1. This action does not contain any information collection activities. C. Regulatory Flexibility Act (RFA) This final rule 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. This rule is not subject to notice-andcomment requirements under the APA but is subject to the CAA section 107(d)(2)(B) which does not require a notice-and-comment rulemaking to take this action. PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandates as described by URM, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. E. Executive Order 13132: Federalism This final action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175. This action concerns the designation of certain areas in the U.S. for the 2010 primary SO2 NAAQS. The CAA provides for states and eligible tribes to develop plans to regulate emissions of air pollutants within their areas, as necessary, based on the designations. The Tribal Authority Rule (TAR) provides tribes the opportunity to apply for eligibility to develop and implement CAA programs, such as programs to attain and maintain the SO2 NAAQS, but it leaves to the discretion of the tribe the decision of whether to apply to develop these programs and which programs, or appropriate elements of a program, the tribe will seek to adopt. This rule does not have a substantial direct effect on one or more Indian tribes. It does not create any additional requirements beyond those of the SO2 NAAQS. This rule establishes the designations for certain areas of the country for the SO2 NAAQS, but no areas of Indian country are being designated as nonattainment by this action. Furthermore, this rule does not affect the relationship or distribution of power and responsibilities between the federal government and Indian tribes. The CAA and the TAR establish the relationship of the federal government and tribes in developing plans to attain the NAAQS, and this rule does nothing to modify that relationship. Thus, Executive Order 13175 does not apply. Although Executive Order 13175 does not apply to this rule, after the EPA promulgated the 2010 primary SO2 NAAQS, the EPA communicated with tribal leaders and environmental staff regarding the designations process. The EPA also sent individualized letters to E:\FR\FM\12JYR1.SGM 12JYR1 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations all federally recognized tribes to explain the designation process for the 2010 primary SO2 NAAQS, to provide the EPA designations guidance, and to offer consultation with the EPA. The EPA provided further information to tribes through presentations at the National Tribal Forum and through participation in National Tribal Air Association conference calls. The EPA also sent individualized letters to all federally recognized tribes that submitted recommendations to the EPA about the EPA’s intended designations for the SO2 standard and offered tribal leaders the opportunity for consultation. These communications provided opportunities for tribes to voice concerns to the EPA about the general designations process for the 2010 primary SO2 NAAQS, as well as concerns specific to a tribe, and informed the EPA about key tribal concerns regarding designations as the rule was under development. For this second round of SO2 designations, the EPA sent additional letters to tribes that could potentially be affected and offered additional opportunities for participation in the designations process. The communication letters to the tribes are provided in the dockets for Round 1 (Docket ID NO. EPA–HQ– OAR–2012–0233 and Round 2 (Docket ID NO. EPA–HQ–OAR–2014–0464). G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use mstockstill on DSK3G9T082PROD with RULES This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This action does not involve technical standards. VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations and or indigenous peoples, as specified Executive Order 12898 (59 FR 7629, February 16, 1994). The documentation for this decision is contained in Section IX of this document. K. Congressional Review Act (CRA) The CRA, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the U.S. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General of the U.S. prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule will be effective September 12, 2016. L. Judicial Review Section 307(b)(1) of the CAA indicates which Federal Courts of Appeal have venue for petitions of review of final actions by the EPA. This section provides, in part, that petitions for review must be filed in the Court of Appeals for the District of Columbia Circuit: (i) When the agency action consists of ‘‘nationally applicable regulations promulgated, or final actions taken, by the Administrator,’’ or (ii) when such action is locally or regionally applicable, if ‘‘such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.’’ This final action designating areas for the 2010 primary SO2 NAAQS is ‘‘nationally applicable’’ within the meaning of section 307(b)(1). This final action establishes designations for areas across the U.S. for the 2010 primary SO2 NAAQS. At the core of this final action is the EPA’s interpretation of the definitions of nonattainment, attainment and unclassifiable under section 107(d)(1) of the CAA, and its PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 45045 application of that interpretation to areas across the country. Accordingly, the Administrator has determined that this final action is nationally applicable and is hereby publishing that finding in the Federal Register. For the same reasons, the Administrator also is determining that the final designations are of nationwide scope and effect for the purposes of section 307(b)(1). This is particularly appropriate because, in the report on the 1977 Amendments that revised section 307(b)(1) of the CAA, Congress noted that the Administrator’s determination that an action is of ‘‘nationwide scope or effect’’ would be appropriate for any action that has a scope or effect beyond a single judicial circuit. H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402–03. Here, the scope and effect of this final action extends to numerous judicial circuits since the designations apply to areas across the country. In these circumstances, section 307(b)(1) and its legislative history calls for the Administrator to find the action to be of ‘‘nationwide scope or effect’’ and for venue to be in the D.C. Circuit. Therefore, this final action is based on a determination by the Administrator of nationwide scope or effect, and the Administrator is hereby publishing that finding in the Federal Register. Thus, any petitions for review of these final designations must be filed in the Court of Appeals for the District of Columbia Circuit within 60 days from the date final action is published in the Federal Register. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: June 30, 2016. Gina McCarthy, Administrator. For the reasons set forth in the preamble, 40 CFR part 81 is amended as follows: PART 81—DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES 1. The authority citation for part 81 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart C—Section 107 Attainment Status Designations 2. Section 81.304 is amended by adding a new table entitled ‘‘Arkansas— 2010 Sulfur Dioxide NAAQS (Primary)’’ following the table ‘‘Arkansas—1971 ■ E:\FR\FM\12JYR1.SGM 12JYR1 45046 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations § 81.304 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: * Arkansas. * * * * ARKANSAS—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Independence County, AR 1 ..................................................................................................................... Independence County. Jefferson County, AR 2 ............................................................................................................................. Jefferson County. Type 9/12/16 Unclassifiable. 9/12/16 Unclassifiable/Attainment. 1 Excludes 2 Includes * Indian country located in each area, if any, unless otherwise specified. Indian country located in each area, if any, unless otherwise specified. * * * * 3. Section 81.306 is amended by adding a new table entitled ‘‘Colorado— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ following the table ‘‘Colorado—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: § 81.306 * Colorado. * * * * COLORADO—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date CO 1 Colorado Springs, ............................................................................................................................ El Paso County (part). Manitou Springs. Colorado Springs (and certain unincorporated areas) as follows; Areas east of the western city limits of Colorado Springs, north of the southern city limits of Colorado Springs with the addition of the area termed ‘‘Stratmoor’’ bounded on the south by South Academy Boulevard, west of Powers Blvd, and south of East Woodman Blvd (east of Academy Blvd. N.) and the northern city limits of Colorado Springs (west of Academy Blvd. N.). Eastern Morgan County, CO 1 .................................................................................................................. Morgan County (part). Circle with a 12 kilometer radius centered on the Pawnee Power Plant. 1 Excludes * * Type 9/12/16 Unclassifiable. 9/12/16 Unclassifiable. Indian country located in each area, if any, unless otherwise specified. * * * 4. Section 81.311 is amended by adding a new table entitled ‘‘Georgia— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ following the table ‘‘Georgia—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: § 81.311 * Georgia. * * * * GEORGIA—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date GA 1 mstockstill on DSK3G9T082PROD with RULES Juliette, ......................................................................................................................................... Butts County. Crawford County. Jasper County. Jones County. Lamar County. Monroe County. Upson County. 1 Includes * * Type 9/12/16 Unclassifiable/Attainment. Indian country located in each area, if any, unless otherwise specified. * * * 5. Section 81.312 is amended by adding a new table entitled ‘‘Hawaii— ■ VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 2010 Sulfur Dioxide NAAQS (Primary)’’ following the table ‘‘Hawaii—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 § 81.312 * E:\FR\FM\12JYR1.SGM * Hawaii. * 12JYR1 * * 45047 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations HAWAII—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Hawaii County, HI 1 .................................................................................................................................. Hawaii County. 1 Includes 9/12/16 Type Unclassifiable/Attainment. Indian country located in each area, if any, unless otherwise specified. 2010 Sulfur Dioxide NAAQS (Primary)’’ to read as follows: * * * * * 6. Section 81.314 is amended by revising the table entitled ‘‘Illinois— ■ § 81.314 * * Illinois. * * * ILLINOIS—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Alton Township, IL 1 .................................................................................................................................. Madison County (part). Within Alton Township: Area east of Corporal Belchik Memorial Expressway, south of East Broadway, south of Route 3, and north of Route 143. Lemont, IL1 ............................................................................................................................................... Cook County (part). Lemont Township. Will County (part). DuPage Township and Lockport Township. Pekin, IL 1 ................................................................................................................................................. Tazewell County (part). Cincinnati Township and Pekin Township. Peoria County (part). Hollis Township. Williamson County, IL 1 ............................................................................................................................ Williamson County. Jasper County, IL 2 ................................................................................................................................... Jasper County. Massac County, IL 2 ................................................................................................................................. Massac County. Putnam/Bureau Counties, IL 2 .................................................................................................................. Bureau County. Putnam County. Wood River Township, IL 1 ....................................................................................................................... Madison County (part). All of Wood River Township, and the area in Chouteau Township north of Cahokia Diversion Channel. Type 9/12/16 Nonattainment. 10/4/13 Nonattainment. 10/4/13 Nonattainment. 9/12/16 Nonattainment. 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 1 Excludes 2 Includes Indian country located in each area, if any, unless otherwise specified. Indian country located in each area, if any, unless otherwise specified. * * * * * 7. Section 81.315 is amended by revising the table entitled ‘‘Indiana— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ to read as follows: § 81.315 * * Indiana. * * * INDIANA—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area mstockstill on DSK3G9T082PROD with RULES Date Indianapolis, IN 1 ....................................................................................................................................... Marion County (part). Wayne Township, Center Township, Perry Township. Morgan County, IN 1 ................................................................................................................................. Morgan County (part). Clay Township, Washington Township. Southwest Indiana, IN 1 ............................................................................................................................ Daviess County (part). VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM Type 10/4/13 Nonattainment. 10/4/13 Nonattainment. 10/4/13 Nonattainment. 12JYR1 45048 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations INDIANA—2010 SULFUR DIOXIDE NAAQS—Continued [Primary] Designation Designated area Date Veale Township. Pike County (part). Washington Township. Terre Haute, IN 1 ...................................................................................................................................... Vigo County (part). Fayette Township, Harrison Township. Gibson County, IN 2 .................................................................................................................................. Gibson County. Jefferson County, IN 2 .............................................................................................................................. Jefferson County (part). Graham, Lancaster, Madison, Monroe, Republican, Shelby, and Smyrna Townships. LaPorte County, IN 2 ................................................................................................................................. LaPorte County. Posey County, IN 2 ................................................................................................................................... Posey County (part). Bethel, Center, Harmony, Lynn, Marrs, Robb, Robinson, and Smith Townships. Spencer County, IN 2 ................................................................................................................................ Spencer County (part). Ohio Township north of UTM 4187.580 km northing, and Carter, Clay, Grass, Hammond, Harrison, and Jackson Townships. Type 10/4/13 Nonattainment. 9/12/16 Unclassifiable/attainment. 9/12/16 Unclassifiable/attainment. 9/12/16 Unclassifiable/attainment. 9/12/16 Unclassifiable/attainment. 9/12/16 Unclassifiable/attainment. 1 Excludes 2 Includes Indian country located in each area, if any, unless otherwise specified. Indian country located in each area, if any, unless otherwise specified. * * * * * 8. Section 81.316 is amended by revising the table entitled ‘‘Iowa—2010 ■ Sulfur Dioxide NAAQS (Primary)’’ to read as follows: § 81.316 * * Iowa. * * * IOWA—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Muscatine, IA 1 .......................................................................................................................................... Muscatine County (part). Sections 1–3, 10–15, 22–27, 34–36 of T77N, R3W (Lake Township). Sections 1–3, 10–15, 22–27, 34–36 of T76N, R3W (Seventy-six Township). T77N, R2W (Bloomington Township). T76N, R2W (Fruitland Township). All sections except 1, 12, 13, 24, 25, 36 of T77N, R1W (Sweetland Township). Woodbury County, IA 1 ............................................................................................................................. Woodbury County. Des Moines County, IA 2 .......................................................................................................................... Des Moines County. Wapello County, IA 2 ................................................................................................................................ Wapello County. Type 10/4/13 Nonattainment. 9/12/16 Unclassifiable. 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 1 Excludes 2 Includes * * Indian country located in each area, if any, unless otherwise specified. Indian country located in each area, if any, unless otherwise specified. * * * 9. Section 81.317 is amended by adding a new table entitled ‘‘Kansas— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ following the table ‘‘Kansas—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: § 81.317 * * Kansas. * * * mstockstill on DSK3G9T082PROD with RULES KANSAS—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Shawnee County, KS 1 ............................................................................................................................. Shawnee County. VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 9/12/16 12JYR1 Type Unclassifiable. 45049 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations KANSAS—2010 SULFUR DIOXIDE NAAQS—Continued [Primary] Designation Designated area Date Wyandotte County, KS 1 ........................................................................................................................... Wyandotte County. Linn County, KS 2 ..................................................................................................................................... Linn County. Type 9/12/16 Unclassifiable. 9/12/16 Unclassifiable/Attainment. 1 Excludes 2 Includes Indian country located in each area, if any, unless otherwise specified. Indian country located in each area, if any, unless otherwise specified. * * * * * 10. Section 81.318 is amended by revising the table entitled ‘‘Kentucky— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ to read as follows: § 81.318 * * Kentucky. * * * KENTUCKY—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Campbell-Clermont Counties, KY–OH 1 ................................................................................................... Campbell County (part). That portion of Campbell County which lies south and west of the Ohio River described as follows: Beginning at geographic coordinates 38.9735 North Latitude, 84.3017 West Longitude (NAD 1983) on the edge of the Ohio River running southwesterly to KY Highway 1566; thence continuing running southwesterly along KY Highway 1566 to KY Highway 9 (AA Highway); thence running north westerly along KY Highway 9 (AA Highway) from Hwy 1566 to Interstate 275; thence running northeasterly along Interstate 275 to Highway 2345 (John’s Hill Road), Hwy 2345 to US–27, US–27 to I–275, I–275 to the Ohio River; thence running southeasterly along the Ohio River from Interstate 275 to geographic coordinates 38.9735 North Latitude, 84.3017 West Longitude (NAD 1983). Jefferson County, KY 1 ............................................................................................................................. Jefferson County (part). That portion of Jefferson County compassed by the polygon with the vertices using Universal Traverse Mercator (UTM) coordinates in UTM zone 16 with datum NAD83 as follows: (1) Ethan Allen Way extended to the Ohio River at UTM Easting (m) 595738, UTM Northing 4214086 and Dixie Highway (US60 and US31W) at UTM Easting (m) 59751, UTM Northing 4212946; (2): Along Dixie Highway from UTM Easting (m) 597515, UTM Northing 4212946 to UTM Easting (m) 595859, UTM Northing 4210678; (3): Near the adjacent property lines of Louisville Gas and Electric—Mill Creek Electric Generating Station and Kosmos Cement where they join Dixie Highway at UTM Easting (m) 595859, UTM Northing 4210678 and the Ohio River at UTM Easting (m) 595326, UTM Northing 4211014; (4): Along the Ohio River from UTM Easting (m) 595326, UTM Northing 4211014 to UTM Easting (m) 595738, UTM Northing 4214086. Ohio County, KY 1 .................................................................................................................................... Ohio County. Pulaski County, KY 1 ................................................................................................................................ Pulaski County. 1 Excludes Type 10/4/13 Nonattainment. 10/4/13 Nonattainment. 9/12/16 Unclassifiable. 9/12/16 Unclassifiable. Indian country located in each area, if any, unless otherwise specified. * * * * * 11. Section 81.319 is amended by revising the table entitled ‘‘Louisiana— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ to read as follows: § 81.319 * * Louisiana. * * * mstockstill on DSK3G9T082PROD with RULES LOUISIANA—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date St. Bernard Parish, LA 1 ........................................................................................................................... St. Bernard Parish. VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 10/4/13 12JYR1 Type Nonattainment. 45050 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations LOUISIANA—2010 SULFUR DIOXIDE NAAQS—Continued [Primary] Designation Designated area Date Calcasieu Parish, LA 1 .............................................................................................................................. Calcasieu Parish. De Soto Parish, LA 2 ................................................................................................................................ De Soto Parish. Type 9/12/16 Unclassifiable. 9/12/16 Unclassifiable/Attainment. 1 Excludes 2 Includes * Indian country located in each area, if any, unless otherwise specified. Indian country located in each area, if any, unless otherwise specified. * * * * 12. Section 81.321 is amended by adding the table entitled ‘‘Maryland— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ following the table ‘‘Maryland—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: § 81.321 * * Maryland. * * * MARYLAND—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date MD 1 Anne Arundel County and Baltimore County, ................................................................................. Anne Arundel County (part). Portions of Anne Arundel County that are within 26.8 kilometers of Herbert A. Wagner’s Unit 3 stack, which is located at 39.17765 N. latitude, 76.52752 W. longitude. Baltimore County (part). Portions of Baltimore County that are within 26.8 kilometers of Herbert A. Wagner’s Unit 3 stack, which is located at 39.17765 N. latitude, 76.52752 W. longitude. Baltimore City, MD 2 ................................................................................................................................. Type 9/12/16 Nonattainment. 9/12/16 Unclassifiable/Attainment. 1 Excludes Indian country located in each area, if any, unless otherwise specified. 2 Includes Indian country located in each area, if any, unless otherwise specified. * * * * * 13. Section 81.323 is amended by revising the table entitled ‘‘Michigan— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ to read as follows: § 81.323 * * Michigan. * * * MICHIGAN—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area mstockstill on DSK3G9T082PROD with RULES Date Detroit, MI 1 ............................................................................................................................................... Wayne County (part). The area bounded on the east by the Michigan-Ontario border, on the south by the Wayne County-Monroe County border, on the west by Interstate 75 north to Southfield Road, Southfield Road to Interstate 94, and Interstate 94 north to Michigan Avenue, and on the north by Michigan Avenue to Woodward Avenue and a line on Woodward Avenue extended to the Michigan-Ontario border. St. Clair, MI 1 ............................................................................................................................................ St. Clair County (part). Area defined by the St. Clair River for the eastern boundary, an extension from the St. Clair River straight west to the intersection of State Highway M–29 and St. Clair River Drive, continuing west on State Highway M–29 to Church Road to Arnold Road to County Line Road for the southern boundary, County Line Road and the Macomb/St. Clair County boundary to Stoddard Road to Wales Ridge Road for the western boundary, and Alpine Road to Fitz Road to Smith Creek Road to Range Road to Huron Avenue, extending straight east from the intersection of Huron Road and River Road to the St. Clair River for the northern boundary. Bay County, MI 2 ....................................................................................................................................... Bay County. Lansing, MI 2 ............................................................................................................................................. Eaton County. Ingham County. Marquette County, MI 2 ............................................................................................................................. VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM Type 10/4/13 Nonattainment. 9/12/16 Nonattainment. 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 12JYR1 45051 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations MICHIGAN—2010 SULFUR DIOXIDE NAAQS—Continued [Primary] Designation Designated area Date Marquette County. Monroe County, MI 2 ................................................................................................................................. Monroe County. Ottawa County, MI 2 ................................................................................................................................. Ottawa County. Type 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 1 Excludes 2 Includes Indian country located in each area, if any, unless otherwise specified. Indian country located in each area, if any, unless otherwise specified. NAAQS (Primary)’’ following the table ‘‘Mississippi—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: * * * * * 14. Section 81.325 is amended by adding a new table entitled ‘‘Mississippi—2010 Sulfur Dioxide ■ § 81.325 * * Mississippi. * * * MISSISSIPPI—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Lamar County, MS 1 ................................................................................................................................. Lamar County. 1 Includes 9/12/16 Type Unclassifiable/Attainment. Indian country located in each area, if any, unless otherwise specified. * * * * * 15. Section 81.326 is amended by revising the table entitled ‘‘Missouri— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ to read as follows: § 81.326 * * Missouri. * * * MISSOURI—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area mstockstill on DSK3G9T082PROD with RULES Date Jackson County, MO 1 .............................................................................................................................. Jackson County (part). The portion of Jackson County bounded by I–70/I–670 and the Missouri River to the north; and, to the west of I–435 to the state line separating Missouri and Kansas. Jefferson County, MO 1 ............................................................................................................................ Jefferson County (part). That portion within Jefferson County described by connecting the following four sets of UTM coordinates moving in a clockwise manner: (Herculaneum USGS Quadrangle), 718360.283 4250477.056, 729301.869 4250718.415, 729704.134 4236840.30, 718762.547 4236558.715. (Festus USGS Quadrangle), 718762.547 4236558.715, 729704.134 4236840.30, 730066.171 4223042.637, 719124.585 4222680.6. (Selma USGS Quadrangle), 729704.134 4236840.30, 730428.209 4236840.3, 741047.984 4223283.996, 730066.171 4223042.637. (Valmeyer USGS Quadrangle), 729301.869 4250718.415, 731474.096 4250798.868, 730428.209 4236840.3, 729704.134 4236840.30. Franklin-St. Charles Counties, MO 1 ........................................................................................................ Franklin County (part). The eastern and western boundaries are Boles Township boundaries. The northern boundary is the Franklin County-St. Charles County Line. The southern boundary is Interstate 44. St. Charles County (part). The eastern and western boundaries are Boone Township boundaries. The northern boundary is Missouri Route D and Highway 94. The southern boundary is the Franklin CountySt. Charles County Line. Jackson County, MO 1 .............................................................................................................................. Jackson County (part). VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM Type 10/4/13 Nonattainment. 10/4/13 Nonattainment. 9/12/16 Unclassifiable. 9/12/16 Unclassifiable. 12JYR1 45052 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations MISSOURI—2010 SULFUR DIOXIDE NAAQS—Continued [Primary] Designation Designated area Date The northern boundary is the county line separating Jackson County from Clay and Ray Counties. The eastern boundary is the county line separating Jackson County from Lafayette County. The southern boundary is Interstates 70 and 470. The western boundary is Missouri Highway 291. Scott County, MO 2 ................................................................................................................................... Scott County. 9/12/16 Type Unclassifiable/Attainment. 1 Excludes 2 Includes * Indian country located in each area, if any, unless otherwise specified. Indian country located in each area, if any, unless otherwise specified. * * * * 16. Section 81.328 is amended by adding a new table entitled ‘‘Nebraska— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ following the table ‘‘Nebraska—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: § 81.328 * * Nebraska. * * * NEBRASKA—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated Area Date Lancaster County, NE 1 ............................................................................................................................ Lancaster County. Lincoln County, NE 2 ................................................................................................................................ Lincoln County. Otoe County, NE 2 .................................................................................................................................... Otoe County. Type 9/12/16 Unclassifiable. 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 1 Excludes 2 Includes Indian country located in each area, if any, unless otherwise specified. Indian country located in each area, if any, unless otherwise specified. * * * * * 17. Section 81.333 is amended by adding a new table entitled ‘‘New York—2010 Sulfur Dioxide NAAQS (Primary)’’ following the table ‘‘New York—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: ■ § 81.333 * * New York. * * * NEW YORK—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Erie-Niagara, NY 1 .................................................................................................................................... Erie County. Niagara County. 1 Includes 9/12/16 Type Unclassifiable/Attainment. Indian country located in each area, if any, unless otherwise specified. * * * * * 18. Section 81.334 is amended by adding a new table entitled ‘‘North Carolina—2010 Sulfur Dioxide NAAQS ■ (Primary)’’ following the table ‘‘North Carolina—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: § 81.334 * * North Carolina. * * * mstockstill on DSK3G9T082PROD with RULES NORTH CAROLINA—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated Area Date Brunswick County, NC 1 ........................................................................................................................... Brunswick County. VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 9/12/16 12JYR1 Type Unclassifiable. 45053 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations NORTH CAROLINA—2010 SULFUR DIOXIDE NAAQS—Continued [Primary] Designation Designated Area Date Type Lockwood Folly Township, Northwest Township, Shallotte Township. Smithville Township, Town Creek Township, Waccamaw Township. 1 Excludes Indian country located in each area, if any, unless otherwise specified. * * * * * 19. Section 81.335 is amended by adding a new table entitled ‘‘North Dakota—2010 Sulfur Dioxide NAAQS ■ (Primary)’’ following the table ‘‘North Dakota—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: § 81.335 * * North Dakota. * * * NORTH DAKOTA—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated Area Date McLean County/Eastern Mercer County, ND 1 ........................................................................................ McLean County. Mercer County (part). Area east of CR–37/ND 31, east/north of ND 200 ALT, west of the eastern border of Mercer County/Missouri River, south of the Knife River National Historic Site.. Central Mercer County, ND 1 .................................................................................................................... Mercer County (part). Area west of ND 49/61st Ave SW, north of Co. Rd 15/17th St. SW., east of Co. Rd 13, south and east of the town Zap, south of 8th St. SW./ND 200. 1 Includes Type 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. Indian country located in each area, if any, unless otherwise specified. * * * * * 20. Section 81.336 is amended by revising the table entitled ‘‘Ohio—2010 ■ Sulfur Dioxide NAAQS (Primary)’’ to read as follows: § 81.336 * * Ohio. * * * OHIO—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated Area mstockstill on DSK3G9T082PROD with RULES Date Campbell-Clermont Counties, KY–OH 1 ................................................................................................... Clermont County (part). Pierce Township. Lake County, OH 1 .................................................................................................................................... Lake County. Muskingum River, OH 1 ............................................................................................................................ Morgan County (part). Center Township. Washington County (part). Waterford Township. Steubenville, OH–WV 1 ............................................................................................................................. Jefferson County (part). Cross Creek Township, Steubenville Township, Warren Township, Wells Township, Steubenville City. Gallia County, OH 1 .................................................................................................................................. Gallia County. Miegs County (part). Bedford, Columbia, Rutland, Salem, Salisbury, and Scipio Townships. Clermont County, Ohio 2 ........................................................................................................................... Clermont County (part). Clermont County excluding Pierce Township. 10/4/13 Nonattainment. 10/4/13 Nonattainment. 10/4/13 Nonattainment. 10/4/13 Nonattainment. 9/12/16 Unclassifiable. 9/12/16 Unclassifiable/Attainment. 1 Excludes 2 Includes Indian country located in each area, if any, unless otherwise specified Indian country located in each area, if any, unless otherwise specified. VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM Type 12JYR1 45054 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations NAAQS (Primary)’’ following the table ‘‘Oklahoma—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: * * * * * 21. Section 81.337 is amended by adding a new table entitled ‘‘Oklahoma—2010 Sulfur Dioxide ■ § 81.337 * * Oklahoma. * * * OKLAHOMA—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Choctaw County, OK 1 .............................................................................................................................. Choctaw County. Noble County, OK 1 .................................................................................................................................. Noble County. 1 Includes Type 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. Indian country located in each area, if any, unless otherwise specified. (Primary)’’ following the table ‘‘South Dakota—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: * * * * * 22. Section 81.342 is amended by adding a new table entitled ‘‘South Dakota—2010 Sulfur Dioxide NAAQS ■ § 81.342 * * South Dakota. * * * SOUTH DAKOTA—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Grant County, SD 1 ................................................................................................................................... Grant County. 1 Includes 9/12/16 Type Unclassifiable/Attainment. Indian country located in each area, if any, unless otherwise specified. * * * * * 23. Section 81.343 is amended by revising the table entitled ‘‘Tennessee— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ to read as follows: § 81.343 * * Tennessee. * * * TENNESSEE—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Sullivan County, TN 1 ............................................................................................................................... Sullivan County (part). That portion of Sullivan County encompassing a circle having its center at the B–253 power house coordinates 36.5186 N.; 82.5350 W. and having a 3-kilometer radius. Sumner County, TN 1 ............................................................................................................................... Sumner County. 1 Excludes * * Type 10/4/13 Nonattainment. 9/12/16 Unclassifiable. Indian country located in each area, if any, unless otherwise specified. * * * 24. Section 81.344 is amended by adding a new table entitled ‘‘Texas— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ following the table ‘‘Texas—1971 Sulfur Dioxide NAAQS (Primary and Secondary)’’ to read as follows: § 81.344 * * Texas. * * * TEXAS—2010 SULFUR DIOXIDE NAAQS mstockstill on DSK3G9T082PROD with RULES [Primary] Designation Designated area Date TX 1 Potter County, ................................................................................................................................... Potter County, TX. Atascosa County, TX 1 ............................................................................................................................. Atascosa County, TX. Fort Bend County, TX 1 ............................................................................................................................ VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM Type 9/12/16 Unclassifiable. 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 12JYR1 45055 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations TEXAS—2010 SULFUR DIOXIDE NAAQS—Continued [Primary] Designation Designated area Date Fort Bend County. Goliad County, TX 1 .................................................................................................................................. Goliad County. Lamb County, TX 1 ................................................................................................................................... Lamb County. Limestone County, TX 2 ............................................................................................................................ Limestone County. McLennan County, TX 2 ........................................................................................................................... McLennan County, TX. Robertson County, TX 2 ............................................................................................................................ Robertson County. Type 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 9/12/16 Unclassifiable/Attainment. 1 Excludes 2 Includes Indian country located in each area, if any, unless otherwise specified. Indian country located in each area, if any, unless otherwise specified. * * * * * 25. Section 81.350 is amended by revising the table entitled ‘‘Wisconsin— ■ 2010 Sulfur Dioxide NAAQS (Primary)’’ to read as follows: § 81.350 * * Wisconsin. * * * WISCONSIN—2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area Date Rhinelander, WI 1 ...................................................................................................................................... Oneida County (part). City of Rhinelander, Crescent Town, Newbold Town, Pine Lake Town, and Pelican Town. Columbia County, WI 2 ............................................................................................................................. Columbia County. Type 10/4/13 Nonattainment. 9/12/16 Unclassifiable/Attainment. 1 Excludes 2 Includes * * Indian country located in each area, if any, unless otherwise specified. Indian country located in each area, if any, unless otherwise specified. * * * [FR Doc. 2016–16348 Filed 7–11–16; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 4 [ET Docket No. 04–35; FCC 16–63] Disruptions to Communications Federal Communications Commission. ACTION: Final rule. AGENCY: In this Report and Order, the Commission updates several of its outage reporting metrics, methodologies, and procedures for a number of providers covered in the Commission’s rules concerning disruptions to communications and directs the Public Safety and Homeland Security Bureau (Bureau) to further evaluate issues related to the sharing of information from the Commission’s Network Outage Reporting System (NORS) with state and federal partners. The Order on Reconsideration limits mstockstill on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 outage reporting for events affecting airports to outages that impact airport critical communications, and exempts satellite and terrestrial wireless carriers from reporting outages affecting all ‘‘special offices and facilities.’’ DATES: The final rules are effective August 11, 2016, except 47 CFR 4.5(b) and (c), 4.7(d) and (e)(2), and 4.9 (a)(2), the second sentence in paragraph (a)(4), the second and sixth sentence in paragraph (b), (e), (f)(2), and the second sentence in paragraph (f)(4) which contain new or modified information collection requirements that have not been approved by OMB. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date. FOR FURTHER INFORMATION CONTACT: Brenda D. Villanueva, Attorney Advisor, Public Safety and Homeland Security Bureau, (202) 418–7005 or brenda.villanueva@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Report and Order and Order on Reconsideration in PS Docket Nos. 11– 82 and 15–80 and ET Docket No. 04–35, adopted on May 25, 2016, and released PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 on May 26, 2016. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY–A257, 445 12th Street SW., Washington, DC 20554, or online at https://apps.fcc.gov/edocs_public/ attachmatch/FCC-16-63A1.pdf. This Order updates several of the Commission’s outage reporting metrics, methodologies, and procedures for a number of providers covered under its part 4 rules concerning disruptions to communications and directs the Public Safety and Homeland Security Bureau (Bureau) to further evaluate issues related to the sharing of information from the Commission’s NORS program with state and federal partners. Synopsis of the Report and Order I. Report and Order 1. Codified in part 4 of our rules, outage reporting requirements support our public safety goals by directing providers to report network outages that exceed specified magnitude and duration thresholds. Outage data give the Commission an overall picture of communications network reliability that E:\FR\FM\12JYR1.SGM 12JYR1

Agencies

[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Rules and Regulations]
[Pages 45039-45055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16348]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2014-0464; FRL-9948-87-OAR]


Air Quality Designations for the 2010 Sulfur Dioxide (SO2) 
Primary National Ambient Air Quality Standard--Round 2

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule establishes the initial air quality designations for 
certain areas in the United States (U.S.) for the 2010 primary sulfur 
dioxide (SO2) National Ambient Air Quality Standard (NAAQS). 
The Environmental Protection Agency (EPA) is designating the areas as 
either nonattainment, unclassifiable/attainment, or unclassifiable, 
based on whether the areas do not meet the NAAQS or contribute to a 
nearby area that does not meet the NAAQS; meet the NAAQS; or cannot be 
classified on the basis of available information as meeting or not 
meeting the NAAQS, respectively. The designations are based on the 
weight of evidence for each area, including available air quality 
monitoring data and air quality modeling. The Clean Air Act (CAA) 
directs areas designated nonattainment by this rule to undertake 
certain planning and pollution control activities to attain the 
SO2 NAAQS as expeditiously as practicable. This is the 
second round of area designations for the 2010 SO2 NAAQS.

DATES: The effective date of this rule is September 12, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID NO. EPA-HQ-OAR-2014-0464. All documents in the docket are 
listed in the http://www.regulations.gov Web site. Although listed in 
the 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. Publicly available docket materials are 
available either electronically in http://www.regulations.gov.
    In addition, the EPA has established a Web site for the initial 
SO2 designations rulemakings at: https://www.epa.gov/sulfur-dioxide-designations. The Web site includes the EPA's final 
SO2 designations, as well as state and tribal initial 
recommendation letters, the EPA's modification letters, technical 
support documents, responses to comments and other related technical 
information.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this 
action, please contact Rhea Jones, U.S. EPA, Office of Air Quality 
Planning and Standards, Air Quality Planning Division, C539-04, 
Research Triangle Park, NC 27711, telephone (919) 541-2940, email at 
jones.rhea@epa.gov.

SUPPLEMENTARY INFORMATION:
    U.S. EPA Regional Office Contacts:

Region I--Leiran Biton, telephone (617) 918-1267, email at 
biton.leiran@epa.gov.
Region II--Henry Feingersh, telephone (212) 637-3382, email at 
feingersh.henry@epa.gov.
Region III--Irene Shandruk, telephone (215) 814-2166, email at 
shandruk.irene@epa.gov.
Region IV--Twunjala Bradley, telephone (404) 562-9352, email at 
bradley.twunjala@epa.gov.
Region V--John Summerhays, telephone (312) 886-6067, email at 
summerhays.john@epa.gov.

[[Page 45040]]

Region VI--Dayana Medina, telephone (214) 665-7241, email at 
medina.dayana@epa.gov.
Region VII--David Peter, telephone (913) 551-7397, email at 
peter.david@epa.gov.
Region VIII--Adam Clark, telephone (303) 312-7104, email at 
clark.adam@epa.gov.
Region IX--Gwen Yoshimura, telephone (415) 947-4134, email at 
yoshimura.gwen@epa.gov.
Region X--John Chi, U.S. EPA, telephone (206) 553-1185, email at 
chi.john@epa.gov.

    The public may inspect the rule and state-specific technical 
support information at the following locations:

------------------------------------------------------------------------
            Regional offices                          States
------------------------------------------------------------------------
Dave Conroy, Chief, Air Programs         Connecticut, Maine,
 Branch, EPA New England, 1 Congress      Massachusetts, New Hampshire,
 Street, Suite 1100, Boston, MA 02114-    Rhode Island and Vermont.
 2023, (617) 918-1661.
Richard Ruvo, Chief, Air Planning        New Jersey, New York, Puerto
 Section, EPA Region II, 290 Broadway,    Rico and Virgin Islands.
 25th Floor, New York, NY 10007-1866,
 (212) 637-4014.
Cristina Fernandez, Associate Director,  Delaware, District of Columbia,
 Office of Air Program Planning, EPA      Maryland, Pennsylvania,
 Region III, 1650 Arch Street,            Virginia and West Virginia.
 Philadelphia, PA 19103-2187, (215) 814-
 2178.
R. Scott Davis, Chief, Air Planning      Alabama, Florida, Georgia,
 Branch, EPA Region IV, Sam Nunn          Kentucky, Mississippi, North
 Atlanta Federal Center, 61 Forsyth,      Carolina, South Carolina and
 Street, SW, 12th Floor, Atlanta, GA      Tennessee.
 30303, (404) 562-9127.
John Mooney, Chief, Air Programs         Illinois, Indiana, Michigan,
 Branch, EPA Region V, 77 West Jackson    Minnesota, Ohio and Wisconsin.
 Street, Chicago, IL 60604, (312) 886-
 6043.
Guy Donaldson, Chief, Air Planning       Arkansas, Louisiana, New
 Section, EPA Region VI, 1445 Ross        Mexico, Oklahoma and Texas.
 Avenue, Dallas, TX 75202, (214) 665-
 7242.
Mike Jay, Chief, Air Programs Branch,    Iowa, Kansas, Missouri and
 EPA Region VII, 11201 Renner Blvd.,      Nebraska.
 Lenexa, KS 66129, (913) 551-7460.
Monica Morales, Acting Air Program       Colorado, Montana, North
 Director, EPA Region VIII, 1595          Dakota, South Dakota, Utah and
 Wynkoop Street, Denver, CO 80202-1129,   Wyoming.
 (303) 312-6936.
Doris Lo, Air Planning Office, EPA       American Samoa, Arizona,
 Region IX, 75 Hawthorne Street, San      California, Guam, Hawaii,
 Francisco, CA 94105, (415) 972-3959.     Nevada and Northern Mariana
                                          Islands.
Debra Suzuki, Manager, State and Tribal  Alaska, Idaho, Oregon and
 Air Programs, EPA Region X, Office of    Washington.
 Air, Waste, and Toxics, Mail Code OAQ-
 107, 1200 Sixth Avenue, Seattle, WA
 98101, (206) 553-0985.
------------------------------------------------------------------------

Table of Contents

    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 the 2010 SO2 NAAQS and what are the health 
concerns that it addresses?
IV. What are the CAA requirements for air quality designations and 
what action has the EPA taken to meet these requirements?
V. What guidance did the EPA issue and how did the EPA apply the 
statutory requirements and applicable guidance to determine area 
designations and boundaries?
VI. What air quality information has the EPA used for these 
designations?
VII. How do the Round 2 designations affect Indian country?
VIII. Where can I find information forming the basis for this rule 
and exchanges between the EPA, states and tribes related to this 
rule?
IX. Environmental Justice Concerns
X. 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 (URMA)
    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
DC District of Columbia
EO Executive Order
EPA Environmental Protection Agency
FR Federal Register
NAAQS National Ambient Air Quality Standards
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
SO2 Sulfur Dioxide
SOX Sulfur Oxides
RFA Regulatory Flexibility Act
UMRA Unfunded Mandate Reform Act of 1995
TAR Tribal Authority Rule
TAD Technical Assistance Document
TSD Technical Support Document
U.S. United States
VCS Voluntary Consensus Standards

II. What is the purpose of this action?

    The purpose of this final action is to announce and promulgate 
initial air quality designations for certain areas in the U.S. for the 
2010 primary SO2 NAAQS, in accordance with the requirements 
of the CAA. The EPA is designating areas as either nonattainment, 
unclassifiable/attainment, or unclassifiable, based on whether the 
areas do not meet the NAAQS or contribute to a nearby area that does 
not meet the NAAQS; meet the NAAQS; or cannot be classified on the 
basis of available information as meeting or not meeting the NAAQS, 
respectively. This is the second round of designations for the 2010 
SO2 NAAQS. As discussed in Section IV of this document, the 
EPA is designating SO2 areas in multiple rounds. The EPA 
completed the first round of SO2 designations in an action 
signed by the Administrator on July 25, 2013 (78 FR 47191; August 5, 
2013). In that action, the EPA designated 29 areas in 16 states as 
nonattainment, based on air quality monitoring data.
    In this second round of SO2 designations, the EPA is 
designating 61 additional areas in 24 states: 4 nonattainment areas, 41 
unclassifiable/attainment areas and 16 unclassifiable

[[Page 45041]]

areas. The list of areas being designated in the affected states and 
the boundaries of each area appear in the tables for each state within 
the regulatory text at the end of this document. These designations are 
based on the EPA's technical assessment of and conclusions regarding 
the weight of evidence for each area, including but not limited to 
available air quality monitoring data or air quality modeling. With 
respect to air quality monitoring data, the EPA considered data from at 
least the most recent three calendar years 2013-2015, as available, 
including an evaluation of exceptional event claims.\1\ In most of the 
modeling runs conducted by states or third parties, the impacts of the 
actual emissions for the 3-year periods 2012-2014 or 2013-2015 were 
considered, and in some cases modeling evaluated recent or not-yet-
effective allowable emissions limits in lieu of or as a supplement to 
modeling of actual emissions. For the areas being designated 
nonattainment, the CAA directs states to develop and submit to the EPA 
State Implementation Plans within 18 months of the effective date of 
this final rule, that meet the requirements of sections 172(c) and 191-
192 of the CAA and provide for attainment of the NAAQS as expeditiously 
as practicable, but not later than 5 years from the effective date of 
this final rule. We also note that under EPA's Data Requirements Rule 
in 40 CFR part 51, subpart BB (80 FR 51052; August 21, 2015), the EPA 
expects to receive additional air quality characterization for many of 
the sources located in areas subject to this round of designations, and 
the agency could consider such data that corresponds to those areas 
designated unclassifiable in this round in future actions that assess 
the areas' air quality status.
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    \1\ Exceptional event claims influenced the EPA's designation 
for an area in Hawaii. The CAA and the EPA's implementing 
regulations allow for the exclusion of air quality monitoring data 
from use in regulatory determinations when there are exceedances 
and/or violations caused by events that satisfy the criteria within 
the Exceptional Events Rule codified at 40 CFR 50.1, 50.14 and 
51.930. The exclusion of event-influenced data from the data set 
that is used to calculate design values could result in regulatory 
relief from an initial area designation as nonattainment. The design 
value used to determine the unclassifiable/attainment area 
designation for Hawaii County, Hawaii reflects the EPA's concurrence 
on multiple exceptional events claims influencing monitored 
concentrations at monitors in Hawaii County, Hawaii.
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III. What is the 2010 SO2 NAAQS and what are the health concerns that 
it addresses?

    The Administrator signed a final rule revising the primary 
SO2 NAAQS on June 2, 2010. The rule was published in the 
Federal Register on June 22, 2010 (75 FR 35520) and became effective on 
August 23, 2010. Based on the Administrator's review of the air quality 
criteria for oxides of sulfur and the primary NAAQS for oxides of 
sulfur as measured by SO2, the EPA revised the primary 
SO2 NAAQS to provide requisite protection of public health 
with an adequate margin of safety. Specifically, the EPA established a 
new 1-hour SO2 standard at a level of 75 parts per billion 
(ppb), which is met at an ambient air quality monitoring site when the 
3-year average of the annual 99th percentile of 1-hour daily maximum 
concentrations is less than or equal to 75 ppb, as determined in 
accordance with Appendix T of 40 CFR part 50. 40 CFR 50.17(a)-(b). The 
EPA also established provisions to revoke both the existing 24-hour and 
annual primary SO2 standards, subject to certain conditions. 
40 CFR 50.4(e).
    Current scientific evidence links short-term exposures to 
SO2, ranging from 5 minutes to 24 hours, with an array of 
adverse respiratory effects including bronchoconstriction and increased 
asthma symptoms. These effects are particularly important for 
asthmatics at elevated ventilation rates (e.g., while exercising or 
playing). Studies also show a connection between short-term exposure 
and increased visits to emergency departments and hospital admissions 
for respiratory illnesses, particularly in at-risk populations 
including children, the elderly and asthmatics.
    The EPA's NAAQS for SO2 is designed to protect against 
exposure to the entire group of sulfur oxides (SOX). 
SO2 is the component of greatest concern and is used as the 
indicator for the larger group of gaseous SOX. Other gaseous 
SOX (e.g., SO3) are found in the atmosphere at 
concentrations much lower than SO2.
    Emissions that lead to high concentrations of SO2 
generally also lead to the formation of other SOX. Control 
measures that reduce SO2 can generally be expected to reduce 
people's exposures to all gaseous SOX. This may also have 
the important co-benefit of reducing the formation of fine sulfate 
particles, which pose significant public health threats. SOX 
can react with other compounds in the atmosphere to form small 
particles. These particles penetrate deeply into sensitive parts of the 
lungs and can cause or worsen respiratory disease, such as emphysema 
and bronchitis, and can aggravate existing heart disease, leading to 
increased hospital admissions and premature death.\2\ The EPA's NAAQS 
for particulate matter are designed to provide protection against these 
health effects.
---------------------------------------------------------------------------

    \2\ See Fact Sheet titled, ``Revisions to the Primary National 
Ambient Air Quality Standard, Monitoring Network, and Data Reporting 
Requirements for Sulfur Dioxide'' at http://www3.epa.gov/airquality/sulfurdioxide/pdfs/20100602fs.pdf.
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IV. What are the CAA requirements for air quality designations and what 
action has the EPA taken to meet these requirements?

    After the EPA promulgates a new or revised NAAQS, the EPA is 
required to designate all areas of the country as either 
``nonattainment,'' ``attainment,'' \3\ or ``unclassifiable,'' for that 
NAAQS pursuant to section 107(d)(1) of the CAA. Section 107(d)(1)(A)(i) 
of the CAA defines a nonattainment area as ``any area that does not 
meet (or that contributes to ambient air quality in a nearby area that 
does not meet) the national primary or secondary ambient air quality 
standard for the pollutant.'' If an area meets either prong of this 
definition, then the EPA is obligated to designate the area as 
``nonattainment.'' This provision also defines an attainment area as 
any area other than a nonattainment area that meets the NAAQS and an 
unclassifiable area as any area that cannot be classified on the basis 
of available information as meeting or not meeting the NAAQS.
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    \3\ Consistent with designations for other pollutants, the EPA 
is using the designation category of ``unclassifiable/attainment'' 
for areas where appropriate air quality data demonstrate attainment 
(for SO2 this can be through monitoring and/or modeling) 
and for areas for which such data are not available but for which 
the EPA has reason to believe the areas are likely attainment and 
have not been determined to be contributing to nearby violations.
---------------------------------------------------------------------------

    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in section 107(d) of the CAA. The CAA 
requires the EPA to complete the initial designations process within 2 
years of promulgating a new or revised standard. If the Administrator 
has insufficient information to make these designations by that 
deadline, the EPA has the authority to extend the deadline for 
completing designations by up to 1 year. On July 27, 2012, the EPA 
announced that it had insufficient information to complete the 
designations for the 1-hour SO2 standard within 2 years and 
extended the designations deadline to June 3, 2013 (77 FR 46295; August 
3, 2012).
    By no later than 1 year after the promulgation of a new or revised 
NAAQS, CAA section 107(d)(1)(A) provides that each state governor is 
required to recommend air quality

[[Page 45042]]

designations, including the appropriate boundaries for areas, to the 
EPA. The EPA reviews those state recommendations and is authorized to 
make any modifications the Administrator deems necessary. The statute 
does not define the term ``necessary,'' but the EPA interprets this to 
authorize the Administrator to modify designations that did not meet 
the statutory requirements or were otherwise inconsistent with the 
facts or analysis deemed appropriate by the EPA. If the EPA is 
considering modifications to a state's initial recommendation, the EPA 
is required to notify the state of any such intended modifications to 
its recommendation not less than 120 days prior to the EPA's 
promulgation of the final designation. These notifications are commonly 
known as the ``120-day letters.'' During this period, if the state does 
not agree with the EPA's modification, it has an opportunity to respond 
to the EPA and to demonstrate why it believes the modification proposed 
by the EPA is inappropriate. If a state fails to provide any 
recommendation for an area, in whole or in part, the EPA still must 
promulgate a designation that the Administrator deems appropriate, 
pursuant to CAA section 107(d)(1)(B)(ii). While CAA section 107(d) 
specifically addresses the designations process between the EPA and 
states, the EPA intends to follow the same process to the extent 
practicable for tribes that choose to make designation recommendations. 
If a tribe does not provide designation recommendations, the EPA will 
promulgate the designations that the Administrator deems appropriate.
    The EPA notes that CAA section 107(d) provides the agency with 
discretion to determine how best to interpret the terms in the 
definition of a nonattainment area (e.g., ``contributes to'' and 
``nearby'') for a new or revised NAAQS, given considerations such as 
the nature of a specific pollutant, the types of sources that may 
contribute to violations, the form of the standards for the pollutant, 
and other relevant information. In particular, the EPA's position is 
that the statute does not require the agency to establish bright line 
tests or thresholds for what constitutes ``contribution'' or ``nearby'' 
for purposes of designations.\4\
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    \4\ This view was confirmed in Catawba County v. EPA, 571 F.3d 
20 (D.C. Cir. 2009).
---------------------------------------------------------------------------

    Similarly, the EPA's position is that the statute permits the EPA 
to evaluate the appropriate application of the term ``area'' to include 
geographic areas based upon full or partial county boundaries, as may 
be appropriate for a particular NAAQS. For example, CAA section 
107(d)(1)(B)(ii) explicitly provides that the EPA can make 
modifications to designation recommendations for an area ``or portions 
thereof,'' and under CAA section 107(d)(1)(B)(iv) a designation remains 
in effect for an area ``or portion thereof'' until the EPA redesignates 
it.
    For the 2010 SO2 NAAQS, designation recommendations were 
due to the EPA by June 3, 2011. Designation recommendations and 
supporting documentation were submitted by most states and several 
tribes to the EPA by that date. After receiving these recommendations, 
and after reviewing and evaluating each recommendation, the EPA 
provided responses to the states and tribes regarding certain areas on 
February 7, 2013. The state and tribal letters, including the initial 
recommendations, the EPA's February 2013 responses to those letters, 
any modifications, and the subsequent state comment letters, are in the 
separate docket for that first round of SO2 designations, at 
Docket ID NO. EPA-HQ-OAR-2012-0233.
    Although not required by section 107(d) of the CAA, the EPA also 
provided an opportunity for members of the public to comment on the 
EPA's February 2013 response letters. The EPA completed the first round 
of SO2 designations on July 25, 2013, designating 29 areas 
in 16 states as nonattainment (78 FR 47191; August 5, 2013). In the 
preamble to that action, the EPA stated that in separate future 
actions, it intended to address designations for all other areas for 
which the agency was not yet prepared to issue designations and that 
were consequently not addressed in that final rule. With input from a 
diverse group of stakeholders, EPA developed a comprehensive 
implementation strategy for the future SO2 designations 
actions that focuses resources on identifying and addressing unhealthy 
levels of SO2 in areas where people are most likely to be 
exposed to violations of the standard.
    Following the initial August 5, 2013, designations, three lawsuits 
were filed against the EPA in different U.S. District Courts, alleging 
the agency had failed to perform a nondiscretionary duty under the CAA 
by not designating all portions of the country by the June 2, 2013, 
deadline. In an effort intended to resolve the litigation in one of 
those cases, the EPA and the plaintiffs, Sierra Club and the Natural 
Resources Defense Council, filed a proposed consent decree with the 
U.S. District Court for the Northern District of California. On March 
2, 2015, the court entered the consent decree and issued an enforceable 
order for the EPA to complete the area designations by three specific 
deadlines according to the court-ordered schedule.
    According to the court-ordered schedule, the EPA must complete this 
second round of SO2 designations by no later than July 2, 
2016 (16 months from the court's order). The court order specifies that 
in this round the EPA must designate two groups of areas: (1) Areas 
that have newly monitored violations of the 2010 SO2 NAAQS 
and (2) areas that contain any stationary sources that had not been 
announced as of March 2, 2015, for retirement and that, according to 
the EPA's Air Markets Database, emitted in 2012 either (i) more than 
16,000 tons of SO2, or (ii) more than 2,600 tons of 
SO2 with an annual average emission rate of at least 0.45 
pounds of SO2 per one million British thermal units (lbs 
SO2/mmBTU). Specifically, a stationary source with a coal-
fired electric generating unit that, as of January 1, 2010, had a 
capacity of over 5 megawatts and otherwise meets the emissions 
criteria, is excluded from the July 2, 2016, deadline if it had 
announced through a company public announcement, public utilities 
commission filing, consent decree, public legal settlement, final state 
or federal permit filing, or other similar means of communication, by 
March 2, 2015, that it will cease burning coal at that unit.
    The last two court-ordered deadlines for completing remaining 
designations are December 31, 2017 (Round 3), and December 31, 2020 
(Round 4). In Round 3, the EPA must designate any remaining 
undesignated areas, for which, by January 1, 2017, states have not 
installed and begun operating a new SO2 monitoring network 
meeting the EPA's specifications referenced in the then-anticipated 
SO2 Data Requirements Rule. By December 31, 2020, the EPA 
must designate all remaining areas. The EPA finalized the 
SO2 Data Requirements Rule (DRR) on August 10, 2015, 
codified at 40 CFR part 51, subpart BB (80 FR 51052; August 21, 2015). 
The rule establishes requirements for state and other air agencies to 
provide additional monitoring or modeling information on a timetable 
consistent with these designation deadlines. We expect this additional 
information to become available in time to help inform these subsequent 
designations.
    On March 20, 2015, the EPA sent letters to Governors notifying them 
of the March 2, 2015, court order and identifying any sources in their 
states meeting the criteria for the round of

[[Page 45043]]

designations to be completed by July 2, 2016. The EPA offered states 
the opportunity to submit updated recommendations and supporting 
information for the EPA to consider for the affected areas. The EPA 
also notified states that the agency had updated its March 24, 2011, 
SO2 designations guidance to support analysis of 
designations and boundaries for the next rounds of designations. All of 
the states with affected areas submitted updated designation 
recommendations. For areas of Indian county, there were no violating 
monitors and no sources meeting the criteria for the designations to be 
completed by July 2, 2016. However, the EPA also sent letters to Tribal 
Leaders where the EPA had identified a state source that met the 
criteria in the court order and that could potentially be impacting the 
tribal land. The EPA also offered tribes the opportunity to submit 
information or a recommendation for the potentially affected areas of 
tribal land. No tribes submitted information or recommendations for 
this round of designations.
    On or about February 16, 2016, the EPA notified 24 affected states 
of its intended designation of certain specific areas as either 
nonattainment, unclassifiable/attainment, or unclassifiable for the 
SO2 NAAQS. These states then had the opportunity to 
demonstrate why they believed an intended modification of their updated 
recommendations by the EPA may be inappropriate. Although not required, 
as the EPA had done for the first round of SO2 designations, 
the EPA also chose to provide an opportunity for members of the public 
to comment on the EPA's February 2016 response letters. The EPA 
published a notice of availability and public comment period for the 
intended designation on March 1, 2016 (81 FR 10563). The public comment 
period closed on March 31, 2016. The updated recommendations, the EPA's 
February 2016 responses to those letters, any modifications, and the 
subsequent state and public comment letters, are in the docket for this 
second round of SO2 designations at Docket ID NO. EPA-HQ-
OAR-2014-0464 and are available on the SO2 designations Web 
site.

V. What guidance did the EPA issue and how did the EPA apply the 
statutory requirements and applicable guidance to determine area 
designations and boundaries?

    In the notice of proposed rulemaking for the revised SO2 
NAAQS (74 FR 64810; December 8, 2009), the EPA issued proposed guidance 
on its approach to implementing the standard, including its approach to 
initial area designations. The EPA solicited comment on that guidance 
and, in the notice of final rulemaking (75 FR 35520; June 22, 2010), 
provided further guidance concerning implementation of the standard and 
how to identify nonattainment areas and boundaries for the 
SO2 NAAQS. Subsequently, on March 24, 2011, the EPA provided 
additional designations guidance to assist states with making their 
recommendations for area designations and boundaries.\5\ That guidance 
recommended, among other things, that monitoring data from the most 
recent three consecutive years be used to identify a violation of the 
SO2 NAAQS. This is appropriate because the form of the 
SO2 NAAQS is calculated as a 3-year average of the 99th 
percentile of the yearly distribution of 1-hour daily maximum 
SO2 concentrations (specifically the most recent 3 
consecutive years). The EPA based the first round of final 
SO2 designations on monitored SO2 concentrations 
from Federal Reference Method and Federal Equivalent Method monitors 
that are sited and operated in accordance with 40 CFR parts 50 and 58.
---------------------------------------------------------------------------

    \5\ See, ``Area Designations for the 2010 Revised Primary Sulfur 
Dioxide National Ambient Air Quality Standards,'' memorandum to 
Regional Air Division Directors, Regions I-X, from Stephen D. Page, 
dated March 24, 2011.
---------------------------------------------------------------------------

    In the March 24, 2011, guidance, the EPA stated that the perimeter 
of a county containing a violating monitor would be the initial 
presumptive boundary for nonattainment areas, but also stated that the 
state, tribe and/or the EPA could conduct additional area-specific 
analyses that could justify establishing either a larger or smaller 
area. The EPA indicated that the following factors should be considered 
in an analysis of whether to exclude portions of a county and whether 
to include additional nearby areas outside the county as part of the 
designated nonattainment area: (1) Air quality data; (2) emissions-
related data; (3) meteorology; (4) geography/topography; and (5) 
jurisdictional boundaries, as well as other available data. States and 
tribes may identify and evaluate other relevant factors or 
circumstances specific to a particular area.
    Following entry of the March 2, 2015, court order, updated 
designations guidance was issued by the EPA through a March 20, 2015, 
memorandum from Stephen D. Page, Director, U.S. EPA, Office of Air 
Quality Planning and Standards, to Air Division Directors, U.S. EPA 
Regions 1-10. This memorandum supersedes the March 24, 2011, 
designation guidance for the 2010 SO2 NAAQS, and identifies 
factors that the EPA intends to evaluate in determining whether areas 
are in violation of the 2010 SO2 NAAQS. The guidance also 
contains the factors the EPA intends to evaluate in determining the 
boundaries for all remaining areas in the country, consistent with the 
court's order and schedule. These factors include: (1) Air quality 
characterization via ambient monitoring or dispersion modeling results; 
(2) emissions-related data; (3) meteorology; (4) geography and 
topography; and (5) jurisdictional boundaries. This guidance was 
supplemented by two non-binding technical assistance documents intended 
to assist states and other interested parties in their efforts to 
characterize air quality through air dispersion modeling or ambient air 
quality monitoring for sources that emit SO2. Notably, the 
EPA's documents titled, ``SO2 NAAQS Designations Modeling 
Technical Assistance Document'' (Modeling TAD) and ``SO2 
NAAQS Designations Source-Oriented Monitoring Technical Assistance 
Document'' (Monitoring TAD), were first made available to states and 
other interested parties in spring of 2013. Both of these documents 
were most recently updated in February 2016 and are available at 
https://www.epa.gov/sulfur-dioxide-designations.

VI. What air quality information has the EPA used for these 
designations?

    For designations for the SO2 NAAQS, air agencies have 
the flexibility to characterize air quality using either appropriately 
sited ambient air quality monitors or modeling of actual or allowable 
source emissions. The EPA issued the non-binding draft Monitoring TAD 
and Modeling TAD recommending how air agencies should conduct such 
monitoring or modeling. For the SO2 designations contained 
in this action, the EPA considered available air quality monitoring 
data from at least calendar years 2013-2015, including an evaluation of 
exceptional events claims, and modeling submitted by state air agencies 
and other parties. In most of the modeling runs, the impacts of the 
actual emissions for the 3-year periods 2012-2014 or 2013-2015 were 
considered, and in some cases modeling evaluated recent or not-yet-
effective allowable emissions limits in lieu of or as a supplement to 
modeling of actual emissions. The 1-hour primary SO2 
standard is violated at an ambient air quality monitoring site (or in 
the case of dispersion modeling, at an ambient air quality receptor 
location) when the 3-year average of the annual 99th percentile of the 
daily maximum 1-hour

[[Page 45044]]

average concentrations exceeds 75 ppb, as determined in accordance with 
appendix T of 40 CFR part 50. For this round of designations there were 
no areas designated nonattainment based on monitoring data showing 
violations of the NAAQS. To determine model-based violations, the EPA 
believes that dispersion modeling is an appropriate tool, as discussed 
in the Modeling TAD. The TAD provides recommendations on how an air 
agency might appropriately and sufficiently model ambient air in 
proximity to an SO2 emission source to establish air quality 
data for comparison to the 2010 primary SO2 NAAQS for the 
purposes of designations.

VII. How do the Round 2 designations affect Indian country?

    In Round 2 of the designations for the 2010 primary SO2 
NAAQS, the EPA is designating 61 state areas as either nonattainment, 
unclassifiable/attainment, or unclassifiable. For areas of Indian 
county, there were no violating monitors and no sources meeting the 
criteria for the designations to be completed by July 2, 2016. No areas 
of Indian country are being designated as nonattainment as part of this 
round. Any Indian country located in areas being designated as 
unclassifiable/attainment or unclassifiable are being designated along 
with the surrounding state area. All remaining state areas and areas of 
Indian country will be addressed in subsequent rounds of SO2 
designations.

VIII. Where can I find information forming the basis for this rule and 
exchanges between the EPA, states and tribes related to this rule?

    Information providing the basis for this action are provided in 
several technical support documents (TSDs), a response to comments 
document (RTC) and other information in the docket. The TSDs, RTC, 
applicable EPA's guidance memoranda and copies of correspondence 
regarding this process between the EPA and the states, tribes and other 
parties, are available for review at the EPA Docket Center listed above 
in the ADDRESSES section of this document and on the agency's 
SO2 Designations Web site at https://www.epa.gov/sulfur-dioxide-designations. Area-specific questions can be addressed to the 
EPA Regional Offices (see contact information provided at the beginning 
of this document).

IX. 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 final action addresses designation determinations for certain 
areas for the 2010 primary SO2 NAAQS. 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.

X. Statutory and Executive Order Reviews

    Upon promulgation of a new or revised NAAQS, the CAA requires the 
EPA to designate areas as attaining or not attaining the NAAQS. The CAA 
then specifies requirements for areas based on whether such areas are 
attaining or not attaining the NAAQS. In this final rule, the EPA 
assigns designations to selected areas as required.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is exempted from review from 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 responds to the requirement to promulgate air 
quality designations after promulgation of a new or revised NAAQS. This 
requirement is prescribed in the CAA section 107 of title 1. This 
action does not contain any information collection activities.

C. Regulatory Flexibility Act (RFA)

    This final rule 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. 
This rule is not subject to notice-and-comment requirements under the 
APA but is subject to the CAA section 107(d)(2)(B) which does not 
require a notice-and-comment rulemaking to take this action.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandates as described by 
URM, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This final action does not have federalism implications. It will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states or on the distribution 
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. This action concerns the designation of certain 
areas in the U.S. for the 2010 primary SO2 NAAQS. The CAA 
provides for states and eligible tribes to develop plans to regulate 
emissions of air pollutants within their areas, as necessary, based on 
the designations. The Tribal Authority Rule (TAR) provides tribes the 
opportunity to apply for eligibility to develop and implement CAA 
programs, such as programs to attain and maintain the SO2 
NAAQS, but it leaves to the discretion of the tribe the decision of 
whether to apply to develop these programs and which programs, or 
appropriate elements of a program, the tribe will seek to adopt. This 
rule does not have a substantial direct effect on one or more Indian 
tribes. It does not create any additional requirements beyond those of 
the SO2 NAAQS. This rule establishes the designations for 
certain areas of the country for the SO2 NAAQS, but no areas 
of Indian country are being designated as nonattainment by this action. 
Furthermore, this rule does not affect the relationship or distribution 
of power and responsibilities between the federal government and Indian 
tribes. The CAA and the TAR establish the relationship of the federal 
government and tribes in developing plans to attain the NAAQS, and this 
rule does nothing to modify that relationship. Thus, Executive Order 
13175 does not apply.
    Although Executive Order 13175 does not apply to this rule, after 
the EPA promulgated the 2010 primary SO2 NAAQS, the EPA 
communicated with tribal leaders and environmental staff regarding the 
designations process. The EPA also sent individualized letters to

[[Page 45045]]

all federally recognized tribes to explain the designation process for 
the 2010 primary SO2 NAAQS, to provide the EPA designations 
guidance, and to offer consultation with the EPA. The EPA provided 
further information to tribes through presentations at the National 
Tribal Forum and through participation in National Tribal Air 
Association conference calls. The EPA also sent individualized letters 
to all federally recognized tribes that submitted recommendations to 
the EPA about the EPA's intended designations for the SO2 
standard and offered tribal leaders the opportunity for consultation. 
These communications provided opportunities for tribes to voice 
concerns to the EPA about the general designations process for the 2010 
primary SO2 NAAQS, as well as concerns specific to a tribe, 
and informed the EPA about key tribal concerns regarding designations 
as the rule was under development. For this second round of 
SO2 designations, the EPA sent additional letters to tribes 
that could potentially be affected and offered additional opportunities 
for participation in the designations process. The communication 
letters to the tribes are provided in the dockets for Round 1 (Docket 
ID NO. EPA-HQ-OAR-2012-0233 and Round 2 (Docket ID NO. EPA-HQ-OAR-2014-
0464).

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes this action does not have disproportionately high 
and adverse human health or environmental effects on minority 
populations, low-income populations and or indigenous peoples, as 
specified Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this decision is contained in Section IX of this 
document.

K. Congressional Review Act (CRA)

    The CRA, 5 U.S.C. 801 et seq., as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, generally provides that 
before a rule may take effect, the agency promulgating the rule must 
submit a rule report, which includes a copy of the rule, to each House 
of the Congress and to the Comptroller General of the U.S. The EPA will 
submit a report containing this action and other required information 
to the U.S. Senate, the U.S. House of Representatives and the 
Comptroller General of the U.S. prior to publication of the rule in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This rule will be effective 
September 12, 2016.

L. Judicial Review

    Section 307(b)(1) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions of review of final actions by the EPA. 
This section provides, in part, that petitions for review must be filed 
in the Court of Appeals for the District of Columbia Circuit: (i) When 
the agency action consists of ``nationally applicable regulations 
promulgated, or final actions taken, by the Administrator,'' or (ii) 
when such action is locally or regionally applicable, if ``such action 
is based on a determination of nationwide scope or effect and if in 
taking such action the Administrator finds and publishes that such 
action is based on such a determination.''
    This final action designating areas for the 2010 primary 
SO2 NAAQS is ``nationally applicable'' within the meaning of 
section 307(b)(1). This final action establishes designations for areas 
across the U.S. for the 2010 primary SO2 NAAQS. At the core 
of this final action is the EPA's interpretation of the definitions of 
nonattainment, attainment and unclassifiable under section 107(d)(1) of 
the CAA, and its application of that interpretation to areas across the 
country. Accordingly, the Administrator has determined that this final 
action is nationally applicable and is hereby publishing that finding 
in the Federal Register.
    For the same reasons, the Administrator also is determining that 
the final designations are of nationwide scope and effect for the 
purposes of section 307(b)(1). This is particularly appropriate 
because, in the report on the 1977 Amendments that revised section 
307(b)(1) of the CAA, Congress noted that the Administrator's 
determination that an action is of ``nationwide scope or effect'' would 
be appropriate for any action that has a scope or effect beyond a 
single judicial circuit. H.R. Rep. No. 95-294 at 323, 324, reprinted in 
1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect of this final 
action extends to numerous judicial circuits since the designations 
apply to areas across the country. In these circumstances, section 
307(b)(1) and its legislative history calls for the Administrator to 
find the action to be of ``nationwide scope or effect'' and for venue 
to be in the D.C. Circuit. Therefore, this final action is based on a 
determination by the Administrator of nationwide scope or effect, and 
the Administrator is hereby publishing that finding in the Federal 
Register.
    Thus, any petitions for review of these final designations must be 
filed in the Court of Appeals for the District of Columbia Circuit 
within 60 days from the date final action is published in the Federal 
Register.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: June 30, 2016.
Gina McCarthy,
Administrator.

    For the reasons set forth in the preamble, 40 CFR part 81 is 
amended as follows:

PART 81--DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

Subpart C--Section 107 Attainment Status Designations

0
2. Section 81.304 is amended by adding a new table entitled 
``Arkansas--2010 Sulfur Dioxide NAAQS (Primary)'' following the table 
``Arkansas--1971

[[Page 45046]]

Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.304  Arkansas.

* * * * *

                                       Arkansas--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Independence County, AR \1\....................      9/12/16  Unclassifiable.
    Independence County........................
Jefferson County, AR \2\.......................      9/12/16  Unclassifiable/Attainment.
    Jefferson County...........................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
3. Section 81.306 is amended by adding a new table entitled 
``Colorado--2010 Sulfur Dioxide NAAQS (Primary)'' following the table 
``Colorado--1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read 
as follows:


Sec.  81.306  Colorado.

* * * * *

                                       Colorado--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Colorado Springs, CO \1\.......................      9/12/16  Unclassifiable.
    El Paso County (part)......................
        Manitou Springs........................
        Colorado Springs (and certain
         unincorporated areas) as follows;
         Areas east of the western city limits
         of Colorado Springs, north of the
         southern city limits of Colorado
         Springs with the addition of the area
         termed ``Stratmoor'' bounded on the
         south by South Academy Boulevard, west
         of Powers Blvd, and south of East
         Woodman Blvd (east of Academy Blvd.
         N.) and the northern city limits of
         Colorado Springs (west of Academy
         Blvd. N.).
Eastern Morgan County, CO \1\..................      9/12/16  Unclassifiable.
    Morgan County (part).......................
        Circle with a 12 kilometer radius
         centered on the Pawnee Power Plant.
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
4. Section 81.311 is amended by adding a new table entitled ``Georgia--
2010 Sulfur Dioxide NAAQS (Primary)'' following the table ``Georgia--
1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.311  Georgia.

* * * * *

                                       Georgia--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                          Designation
               Designated area                ------------------------------------------------------------------
                                                    Date                              Type
----------------------------------------------------------------------------------------------------------------
Juliette, GA \1\.............................         9/12/16  Unclassifiable/Attainment.
    Butts County.............................
    Crawford County..........................
    Jasper County............................
    Jones County.............................
    Lamar County.............................
    Monroe County............................
    Upson County.............................
----------------------------------------------------------------------------------------------------------------
\1\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
5. Section 81.312 is amended by adding a new table entitled ``Hawaii--
2010 Sulfur Dioxide NAAQS (Primary)'' following the table ``Hawaii--
1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.312  Hawaii.

* * * * *

[[Page 45047]]



                                        Hawaii--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Hawaii County, HI \1\..........................      9/12/16  Unclassifiable/Attainment.
    Hawaii County..............................
----------------------------------------------------------------------------------------------------------------
\1\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
6. Section 81.314 is amended by revising the table entitled 
``Illinois--2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.314  Illinois.

* * * * *

                                       Illinois--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Alton Township, IL \1\.........................      9/12/16  Nonattainment.
    Madison County (part)......................
        Within Alton Township: Area east of
         Corporal Belchik Memorial Expressway,
         south of East Broadway, south of Route
         3, and north of Route 143.
Lemont, IL\1\..................................      10/4/13  Nonattainment.
    Cook County (part).........................
        Lemont Township........................
    Will County (part).........................
        DuPage Township and Lockport Township..
Pekin, IL \1\..................................      10/4/13  Nonattainment.
    Tazewell County (part).....................
        Cincinnati Township and Pekin Township.
    Peoria County (part).......................
        Hollis Township........................
Williamson County, IL \1\......................      9/12/16  Nonattainment.
    Williamson County..........................
Jasper County, IL \2\..........................      9/12/16  Unclassifiable/Attainment.
    Jasper County..............................
Massac County, IL \2\..........................      9/12/16  Unclassifiable/Attainment.
    Massac County..............................
Putnam/Bureau Counties, IL \2\.................      9/12/16  Unclassifiable/Attainment.
    Bureau County..............................
    Putnam County..............................
Wood River Township, IL \1\....................      9/12/16  Unclassifiable/Attainment.
    Madison County (part)......................
        All of Wood River Township, and the
         area in Chouteau Township north of
         Cahokia Diversion Channel.
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
7. Section 81.315 is amended by revising the table entitled ``Indiana--
2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

                                       Indiana--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Indianapolis, IN \1\...........................      10/4/13  Nonattainment.
    Marion County (part).......................
        Wayne Township, Center Township, Perry
         Township.
Morgan County, IN \1\..........................      10/4/13  Nonattainment.
    Morgan County (part).......................
        Clay Township, Washington Township.....
Southwest Indiana, IN \1\......................      10/4/13  Nonattainment.
    Daviess County (part)......................

[[Page 45048]]

 
        Veale Township.........................
    Pike County (part).........................
        Washington Township....................
Terre Haute, IN \1\............................      10/4/13  Nonattainment.
    Vigo County (part).........................
        Fayette Township, Harrison Township....
Gibson County, IN \2\..........................      9/12/16  Unclassifiable/attainment.
    Gibson County..............................
Jefferson County, IN \2\.......................      9/12/16  Unclassifiable/attainment.
    Jefferson County (part)....................
        Graham, Lancaster, Madison, Monroe,
         Republican, Shelby, and Smyrna
         Townships.
LaPorte County, IN \2\.........................      9/12/16  Unclassifiable/attainment.
    LaPorte County.............................
Posey County, IN \2\...........................      9/12/16  Unclassifiable/attainment.
    Posey County (part)........................
        Bethel, Center, Harmony, Lynn, Marrs,
         Robb, Robinson, and Smith Townships.
Spencer County, IN \2\.........................      9/12/16  Unclassifiable/attainment.
    Spencer County (part)......................
        Ohio Township north of UTM 4187.580 km
         northing, and Carter, Clay, Grass,
         Hammond, Harrison, and Jackson
         Townships.
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
8. Section 81.316 is amended by revising the table entitled ``Iowa--
2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.316  Iowa.

* * * * *

                                         Iowa--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Muscatine, IA \1\..............................      10/4/13  Nonattainment.
    Muscatine County (part)....................
        Sections 1-3, 10-15, 22-27, 34-36 of
         T77N, R3W (Lake Township).
        Sections 1-3, 10-15, 22-27, 34-36 of
         T76N, R3W (Seventy-six Township).
            T77N, R2W (Bloomington Township)...
                T76N, R2W (Fruitland Township).
        All sections except 1, 12, 13, 24, 25,
         36 of T77N, R1W (Sweetland Township).
Woodbury County, IA \1\........................      9/12/16  Unclassifiable.
    Woodbury County............................
Des Moines County, IA \2\......................      9/12/16  Unclassifiable/Attainment.
    Des Moines County..........................
Wapello County, IA \2\.........................      9/12/16  Unclassifiable/Attainment.
    Wapello County.............................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
9. Section 81.317 is amended by adding a new table entitled ``Kansas--
2010 Sulfur Dioxide NAAQS (Primary)'' following the table ``Kansas--
1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.317  Kansas.

* * * * *

                                        Kansas--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Shawnee County, KS \1\.........................      9/12/16  Unclassifiable.
    Shawnee County.............................

[[Page 45049]]

 
Wyandotte County, KS \1\.......................      9/12/16  Unclassifiable.
    Wyandotte County...........................
Linn County, KS \2\............................      9/12/16  Unclassifiable/Attainment.
    Linn County................................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
10. Section 81.318 is amended by revising the table entitled 
``Kentucky--2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.318  Kentucky.

* * * * *

                                       Kentucky--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Campbell-Clermont Counties, KY-OH \1\..........      10/4/13  Nonattainment.
    Campbell County (part).....................
        That portion of Campbell County which
         lies south and west of the Ohio River
         described as follows: Beginning at
         geographic coordinates 38.9735 North
         Latitude, 84.3017 West Longitude (NAD
         1983) on the edge of the Ohio River
         running southwesterly to KY Highway
         1566; thence continuing running
         southwesterly along KY Highway 1566 to
         KY Highway 9 (AA Highway); thence
         running north westerly along KY
         Highway 9 (AA Highway) from Hwy 1566
         to Interstate 275; thence running
         northeasterly along Interstate 275 to
         Highway 2345 (John's Hill Road), Hwy
         2345 to US-27, US-27 to I-275, I-275
         to the Ohio River; thence running
         southeasterly along the Ohio River
         from Interstate 275 to geographic
         coordinates 38.9735 North Latitude,
         84.3017 West Longitude (NAD 1983).
Jefferson County, KY \1\.......................      10/4/13  Nonattainment.
    Jefferson County (part)....................
        That portion of Jefferson County
         compassed by the polygon with the
         vertices using Universal Traverse
         Mercator (UTM) coordinates in UTM zone
         16 with datum NAD83 as follows:
            (1) Ethan Allen Way extended to the
             Ohio River at UTM Easting (m)
             595738, UTM Northing 4214086 and
             Dixie Highway (US60 and US31W) at
             UTM Easting (m) 59751, UTM
             Northing 4212946;
            (2): Along Dixie Highway from UTM
             Easting (m) 597515, UTM Northing
             4212946 to UTM Easting (m) 595859,
             UTM Northing 4210678;
            (3): Near the adjacent property
             lines of Louisville Gas and
             Electric--Mill Creek Electric
             Generating Station and Kosmos
             Cement where they join Dixie
             Highway at UTM Easting (m) 595859,
             UTM Northing 4210678 and the Ohio
             River at UTM Easting (m) 595326,
             UTM Northing 4211014;
            (4): Along the Ohio River from UTM
             Easting (m) 595326, UTM Northing
             4211014 to UTM Easting (m) 595738,
             UTM Northing 4214086.
Ohio County, KY \1\............................      9/12/16  Unclassifiable.
    Ohio County................................
Pulaski County, KY \1\.........................      9/12/16  Unclassifiable.
    Pulaski County.............................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
11. Section 81.319 is amended by revising the table entitled 
``Louisiana--2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.319  Louisiana.

* * * * *

                                      Louisiana--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
St. Bernard Parish, LA \1\.....................      10/4/13  Nonattainment.
    St. Bernard Parish.........................

[[Page 45050]]

 
Calcasieu Parish, LA \1\.......................      9/12/16  Unclassifiable.
    Calcasieu Parish...........................
De Soto Parish, LA \2\.........................      9/12/16  Unclassifiable/Attainment.
    De Soto Parish.............................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
12. Section 81.321 is amended by adding the table entitled ``Maryland--
2010 Sulfur Dioxide NAAQS (Primary)'' following the table ``Maryland--
1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.321  Maryland.

* * * * *

                                       Maryland--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Anne Arundel County and Baltimore County, MD         9/12/16  Nonattainment.
 \1\.
    Anne Arundel County (part).................
        Portions of Anne Arundel County that
         are within 26.8 kilometers of Herbert
         A. Wagner's Unit 3 stack, which is
         located at 39.17765 N. latitude,
         76.52752 W. longitude.
    Baltimore County (part)....................
        Portions of Baltimore County that are
         within 26.8 kilometers of Herbert A.
         Wagner's Unit 3 stack, which is
         located at 39.17765 N. latitude,
         76.52752 W. longitude.
Baltimore City, MD \2\.........................      9/12/16  Unclassifiable/Attainment.
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
13. Section 81.323 is amended by revising the table entitled 
``Michigan--2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.323  Michigan.

* * * * *

                                       Michigan--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Detroit, MI \1\................................      10/4/13  Nonattainment.
    Wayne County (part)........................
        The area bounded on the east by the
         Michigan-Ontario border, on the south
         by the Wayne County-Monroe County
         border, on the west by Interstate 75
         north to Southfield Road, Southfield
         Road to Interstate 94, and Interstate
         94 north to Michigan Avenue, and on
         the north by Michigan Avenue to
         Woodward Avenue and a line on Woodward
         Avenue extended to the Michigan-
         Ontario border.
St. Clair, MI \1\..............................      9/12/16  Nonattainment.
    St. Clair County (part)....................
        Area defined by the St. Clair River for
         the eastern boundary, an extension
         from the St. Clair River straight west
         to the intersection of State Highway M-
         29 and St. Clair River Drive,
         continuing west on State Highway M-29
         to Church Road to Arnold Road to
         County Line Road for the southern
         boundary, County Line Road and the
         Macomb/St. Clair County boundary to
         Stoddard Road to Wales Ridge Road for
         the western boundary, and Alpine Road
         to Fitz Road to Smith Creek Road to
         Range Road to Huron Avenue, extending
         straight east from the intersection of
         Huron Road and River Road to the St.
         Clair River for the northern boundary.
Bay County, MI \2\.............................      9/12/16  Unclassifiable/Attainment.
    Bay County.................................
Lansing, MI \2\................................      9/12/16  Unclassifiable/Attainment.
    Eaton County...............................
    Ingham County..............................
Marquette County, MI \2\.......................      9/12/16  Unclassifiable/Attainment.

[[Page 45051]]

 
    Marquette County...........................
Monroe County, MI \2\..........................      9/12/16  Unclassifiable/Attainment.
    Monroe County..............................
Ottawa County, MI \2\..........................      9/12/16  Unclassifiable/Attainment.
    Ottawa County..............................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
14. Section 81.325 is amended by adding a new table entitled 
``Mississippi--2010 Sulfur Dioxide NAAQS (Primary)'' following the 
table ``Mississippi--1971 Sulfur Dioxide NAAQS (Primary and 
Secondary)'' to read as follows:


Sec.  81.325  Mississippi.

* * * * *

                                     Mississippi--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Lamar County, MS \1\...........................      9/12/16  Unclassifiable/Attainment.
    Lamar County...............................
----------------------------------------------------------------------------------------------------------------
\1\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
15. Section 81.326 is amended by revising the table entitled 
``Missouri--2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.326  Missouri.

* * * * *

                                       Missouri--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Jackson County, MO \1\.........................      10/4/13  Nonattainment.
    Jackson County (part)......................
        The portion of Jackson County bounded
         by I-70/I-670 and the Missouri River
         to the north; and, to the west of I-
         435 to the state line separating
         Missouri and Kansas.
Jefferson County, MO \1\.......................      10/4/13  Nonattainment.
    Jefferson County (part)....................
        That portion within Jefferson County
         described by connecting the following
         four sets of UTM coordinates moving in
         a clockwise manner:
            (Herculaneum USGS Quadrangle),
             718360.283 4250477.056, 729301.869
             4250718.415, 729704.134
             4236840.30, 718762.547 4236558.715.
            (Festus USGS Quadrangle),
             718762.547 4236558.715, 729704.134
             4236840.30, 730066.171
             4223042.637, 719124.585 4222680.6.
            (Selma USGS Quadrangle), 729704.134
             4236840.30, 730428.209 4236840.3,
             741047.984 4223283.996, 730066.171
             4223042.637.
            (Valmeyer USGS Quadrangle),
             729301.869 4250718.415, 731474.096
             4250798.868, 730428.209 4236840.3,
             729704.134 4236840.30.
Franklin-St. Charles Counties, MO \1\..........      9/12/16  Unclassifiable.
    Franklin County (part).....................
        The eastern and western boundaries are
         Boles Township boundaries. The
         northern boundary is the Franklin
         County-St. Charles County Line. The
         southern boundary is Interstate 44.
    St. Charles County (part)..................
        The eastern and western boundaries are
         Boone Township boundaries. The
         northern boundary is Missouri Route D
         and Highway 94. The southern boundary
         is the Franklin County-St. Charles
         County Line.
Jackson County, MO \1\.........................      9/12/16  Unclassifiable.
    Jackson County (part)......................

[[Page 45052]]

 
        The northern boundary is the county
         line separating Jackson County from
         Clay and Ray Counties. The eastern
         boundary is the county line separating
         Jackson County from Lafayette County.
         The southern boundary is Interstates
         70 and 470. The western boundary is
         Missouri Highway 291.
Scott County, MO \2\...........................      9/12/16  Unclassifiable/Attainment.
    Scott County...............................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
16. Section 81.328 is amended by adding a new table entitled 
``Nebraska--2010 Sulfur Dioxide NAAQS (Primary)'' following the table 
``Nebraska--1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read 
as follows:


Sec.  81.328  Nebraska.

* * * * *

                                       Nebraska--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated Area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Lancaster County, NE \1\.......................      9/12/16  Unclassifiable.
    Lancaster County...........................
Lincoln County, NE \2\.........................      9/12/16  Unclassifiable/Attainment.
    Lincoln County.............................
Otoe County, NE \2\............................      9/12/16  Unclassifiable/Attainment.
    Otoe County................................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *
0
17. Section 81.333 is amended by adding a new table entitled ``New 
York--2010 Sulfur Dioxide NAAQS (Primary)'' following the table ``New 
York--1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as 
follows:


Sec.  81.333  New York.

* * * * *

                                       New York--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Erie-Niagara, NY \1\...........................      9/12/16  Unclassifiable/Attainment.
    Erie County................................
    Niagara County.............................
----------------------------------------------------------------------------------------------------------------
\1\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
18. Section 81.334 is amended by adding a new table entitled ``North 
Carolina--2010 Sulfur Dioxide NAAQS (Primary)'' following the table 
``North Carolina--1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' 
to read as follows:


Sec.  81.334  North Carolina.

* * * * *

                                    North Carolina--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated Area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Brunswick County, NC \1\.......................      9/12/16  Unclassifiable.
    Brunswick County...........................

[[Page 45053]]

 
        Lockwood Folly Township, Northwest
         Township, Shallotte Township.
         Smithville Township, Town Creek
         Township, Waccamaw Township.
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.

* * * * *
0
19. Section 81.335 is amended by adding a new table entitled ``North 
Dakota--2010 Sulfur Dioxide NAAQS (Primary)'' following the table 
``North Dakota--1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to 
read as follows:


Sec.  81.335  North Dakota.

* * * * *

                                     North Dakota--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated Area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
McLean County/Eastern Mercer County, ND \1\....      9/12/16  Unclassifiable/Attainment.
    McLean County..............................
    Mercer County (part).......................
        Area east of CR-37/ND 31, east/north of
         ND 200 ALT, west of the eastern border
         of Mercer County/Missouri River, south
         of the Knife River National Historic
         Site..
Central Mercer County, ND \1\..................      9/12/16  Unclassifiable/Attainment.
    Mercer County (part).......................
        Area west of ND 49/61st Ave SW, north
         of Co. Rd 15/17th St. SW., east of Co.
         Rd 13, south and east of the town Zap,
         south of 8th St. SW./ND 200.
----------------------------------------------------------------------------------------------------------------
\1\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
20. Section 81.336 is amended by revising the table entitled ``Ohio--
2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.336  Ohio.

* * * * *

                                         Ohio--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated Area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Campbell-Clermont Counties, KY-OH \1\..........      10/4/13  Nonattainment.
    Clermont County (part).....................
        Pierce Township........................
Lake County, OH \1\............................      10/4/13  Nonattainment.
    Lake County................................
Muskingum River, OH \1\........................      10/4/13  Nonattainment.
    Morgan County (part).......................
        Center Township........................
    Washington County (part)...................
        Waterford Township.....................
Steubenville, OH-WV \1\........................      10/4/13  Nonattainment.
    Jefferson County (part)....................
        Cross Creek Township, Steubenville
         Township, Warren Township, Wells
         Township, Steubenville City.
Gallia County, OH \1\..........................      9/12/16  Unclassifiable.
    Gallia County..............................
    Miegs County (part)........................
        Bedford, Columbia, Rutland, Salem,
         Salisbury, and Scipio Townships.
Clermont County, Ohio \2\......................      9/12/16  Unclassifiable/Attainment.
    Clermont County (part).....................
        Clermont County excluding Pierce
         Township.
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified
\2\ Includes Indian country located in each area, if any, unless otherwise specified.


[[Page 45054]]

* * * * *

0
21. Section 81.337 is amended by adding a new table entitled 
``Oklahoma--2010 Sulfur Dioxide NAAQS (Primary)'' following the table 
``Oklahoma--1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read 
as follows:


Sec.  81.337  Oklahoma.

* * * * *

                                       Oklahoma--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Choctaw County, OK \1\.........................      9/12/16  Unclassifiable/Attainment.
    Choctaw County.............................
Noble County, OK \1\...........................      9/12/16  Unclassifiable/Attainment.
    Noble County...............................
----------------------------------------------------------------------------------------------------------------
\1\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
22. Section 81.342 is amended by adding a new table entitled ``South 
Dakota--2010 Sulfur Dioxide NAAQS (Primary)'' following the table 
``South Dakota--1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to 
read as follows:


Sec.  81.342  South Dakota.

* * * * *

                                     South Dakota--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Grant County, SD \1\...........................      9/12/16  Unclassifiable/Attainment.
    Grant County...............................
----------------------------------------------------------------------------------------------------------------
\1\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
23. Section 81.343 is amended by revising the table entitled 
``Tennessee--2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.343  Tennessee.

* * * * *

                                      Tennessee--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Sullivan County, TN \1\........................      10/4/13  Nonattainment.
    Sullivan County (part).....................
        That portion of Sullivan County
         encompassing a circle having its
         center at the B-253 power house
         coordinates 36.5186 N.; 82.5350 W. and
         having a 3-kilometer radius.
Sumner County, TN \1\..........................      9/12/16  Unclassifiable.
    Sumner County..............................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
24. Section 81.344 is amended by adding a new table entitled ``Texas--
2010 Sulfur Dioxide NAAQS (Primary)'' following the table ``Texas--1971 
Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.344  Texas.

* * * * *

                                        Texas--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Potter County, TX \1\..........................      9/12/16  Unclassifiable.
    Potter County, TX..........................
Atascosa County, TX \1\........................      9/12/16  Unclassifiable/Attainment.
    Atascosa County, TX........................
Fort Bend County, TX \1\.......................      9/12/16  Unclassifiable/Attainment.

[[Page 45055]]

 
    Fort Bend County...........................
Goliad County, TX \1\..........................      9/12/16  Unclassifiable/Attainment.
    Goliad County..............................
Lamb County, TX \1\............................      9/12/16  Unclassifiable/Attainment.
    Lamb County................................
Limestone County, TX \2\.......................      9/12/16  Unclassifiable/Attainment.
    Limestone County...........................
McLennan County, TX \2\........................      9/12/16  Unclassifiable/Attainment.
    McLennan County, TX........................
Robertson County, TX \2\.......................      9/12/16  Unclassifiable/Attainment.
    Robertson County...........................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *

0
25. Section 81.350 is amended by revising the table entitled 
``Wisconsin--2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.350  Wisconsin.

* * * * *

                                      Wisconsin--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                           Designation
                Designated area                 ----------------------------------------------------------------
                                                     Date                            Type
----------------------------------------------------------------------------------------------------------------
Rhinelander, WI \1\............................      10/4/13  Nonattainment.
    Oneida County (part).......................
        City of Rhinelander, Crescent Town,
         Newbold Town, Pine Lake Town, and
         Pelican Town.
Columbia County, WI \2\........................      9/12/16  Unclassifiable/Attainment.
    Columbia County............................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *
[FR Doc. 2016-16348 Filed 7-11-16; 8:45 am]
 BILLING CODE 6560-50-P