Air Quality Designations for the 2010 Sulfur Dioxide (SO2, 45039-45055 [2016-16348]
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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
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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:
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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 https://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 https://
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.
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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.
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The following is an outline of the
Preamble.
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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
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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
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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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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.
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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
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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 https://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.
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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).
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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
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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
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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,
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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
■
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§ 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
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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—
■
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2010 Sulfur Dioxide NAAQS (Primary)’’
following the table ‘‘Hawaii—1971
Sulfur Dioxide NAAQS (Primary and
Secondary)’’ to read as follows:
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§ 81.312
*
E:\FR\FM\12JYR1.SGM
*
Hawaii.
*
12JYR1
*
*
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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).
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Type
10/4/13
Nonattainment.
10/4/13
Nonattainment.
10/4/13
Nonattainment.
12JYR1
45048
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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.
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Type
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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.
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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 .............................................................................................................................
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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
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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).
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Type
10/4/13
Nonattainment.
10/4/13
Nonattainment.
9/12/16
Unclassifiable.
9/12/16
Unclassifiable.
12JYR1
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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.
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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.
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Type
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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 ............................................................................................................................
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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
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 https://www3.epa.gov/airquality/sulfurdioxide/pdfs/20100602fs.pdf.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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
