Air Quality Designations for the 2010 Sulfur Dioxide (SO2, 14597-14603 [2018-06876]
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Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations
14597
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA—Continued
State
effective
date
State citation
Title/subject
Regulation No. 62.97 .....
Cross-State Air Pollution Rule (CSAPR) Trading Program.
Nitrogen Oxides (NOX) Budget Program Requirements for Stationary Sources Not in
the Trading Program.
Ethics Reform Act.
Definitions .........................................................
Use of official position or office for financial
gain; disclosure of potential conflict of interest.
Membership on or employment by regulatory
agency of person associated with regulated
business.
Regulation No. 62.99 .....
S.C. Code Ann. .............
Section 8–13–100(31) ...
Section 8–13–700(A)
and (B).
Section 8–13–730 ..........
8/25/2017
5/24/2002
EPA approval date
Explanation
10/13/2017, 82 FR
47939.
6/28/2002, 67 FR
43546.
1/1/1992
1/1/1992
8/1/2012, 77 FR 45492.
8/1/2012, 77 FR 45492.
1/1/1992
8/1/2012, 77 FR 45492.
(d) EPA-Approved State SourceSpecific Requirements.
EPA-APPROVED SOUTH CAROLINA STATE SOURCE-SPECIFIC REQUIREMENTS
Name of source
Transcontinental Gas
Pipeline Corporation
Station 140.
*
*
*
*
2060–0179–CD
*
[FR Doc. 2018–06796 Filed 4–4–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2017–0003; FRL–9976–40–
OAR]
Air Quality Designations for the 2010
Sulfur Dioxide (SO2) Primary National
Ambient Air Quality Standard—Round
3—Supplemental Amendment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is withdrawing the
designation of Unclassifiable for the
Citrus County, Florida, area that the
EPA originally promulgated on
December 21, 2017, and is establishing
a designation of Attainment/
Unclassifiable for that area as part of
promulgating initial air quality
designations for certain areas in the
United States (U.S.) for the 2010 sulfur
dioxide (SO2) primary National Ambient
Air Quality Standard (NAAQS). This
action supplements our December 2017
action, which together comprise the
third of four expected rounds of actions
to designate areas of the U.S. for the
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SUMMARY:
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Permit No.
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EPA approval date
4/23/2009, 74 FR 18471
Comments
This permit is incorporated in fulfillment of the NOX
SIP Call Phase II requirements for South Carolina.
2010 SO2 NAAQS. This third round of
designations is based on application of
the EPA’s nationwide analytical
approach and technical analysis,
including evaluation of monitoring data
and air quality modeling, to determine
the appropriate designation based on
the weight of evidence for each area.
DATES: This final rule is effective on
April 9, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2017–0003. All
documents in the docket are listed in
the index at https://www.regulations.gov
website. 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 the
docket or in hard copy at the Docket,
WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington,
DC 20004. The hours of operation at the
EPA Docket Center are 8:30 a.m.– 4:30
p.m., Monday–Friday. The telephone
number for the Public Reading Room is
(202) 566–1744. Air dispersion
modeling input and output files are too
large to post in the docket or on the
website and must be requested from the
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EPA Docket Office or the Regional office
contacts listed in the FOR FURTHER
INFORMATION CONTACT section.
In addition, the EPA has established
a website for the initial SO2
designations rulemakings at: https://
www.epa.gov/sulfur-dioxidedesignations. The website includes the
EPA’s final SO2 designations, as well as
state and tribal recommendation letters,
the EPA’s modification letters, technical
support documents, responses to
comments and other related technical
information.
For
general questions concerning this
action, please contact Liz Etchells, U.S.
EPA, Office of Air Quality Planning and
Standards, Air Quality Policy Division,
C539–01, Research Triangle Park, NC
27709, telephone (919) 541–0253, email
at etchells.elizabeth@epa.gov. The
following EPA contacts can answer
questions regarding areas in a particular
EPA Regional office:
FOR FURTHER INFORMATION CONTACT:
U.S. EPA Regional Office Contact:
Region IV—Twunjala Bradley,
telephone (404) 562–9352, email at
bradley.twunjala@epa.gov.
The public may inspect the rule and
state-specific technical support
information at the following locations:
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Regional offices
States
R. Scott Davis, Chief, Air Planning and Implementation Branch, EPA
Region IV, Sam Nunn Atlanta Federal Center, 61 Forsyth, Street
SW, 12th Floor, Atlanta, GA 30303, (404) 562–9127.
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina and Tennessee.
The information can also be reviewed
online at https://www.epa.gov/sulfurdioxide-designations and in the public
docket for these SO2 designations at
https://www.regulations.gov under
Docket ID No. EPA–HQ–OAR–2017–
0003.
SUPPLEMENTARY INFORMATION:
Table of Contents
The following is an outline of the
Preamble.
II. What is the purpose of this
supplemental action?
I. Preamble Glossary of Terms and Acronyms
II. What is the purpose of this supplemental
action?
III. Designation Decision Based on 2015–2017
Data
IV. Effective Date of This Action
V. Comments Received During the Third
Round Public Comment Period
Regarding Changing Final Designations
VI. Environmental Justice Concerns
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act
(UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Government.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
J. National Technology Transfer and
Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
M. Judicial Review
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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
E.O. Executive Order
EPA Environmental Protection Agency
FR Federal Register
NAAQS National Ambient Air Quality
Standards
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NTTAA National Technology Transfer and
Advancement Act
OMB Office of Management and Budget
SO2 Sulfur Dioxide
RFA Regulatory Flexibility Act
UMRA Unfunded Mandate Reform Act of
1995
TAR Tribal Authority Rule
TSD Technical Support Document
U.S. United States
On December 21, 2017, the
Administrator of the EPA promulgated a
third round of initial air quality
designations for certain areas in the U.S.
for the 2010 SO2 primary NAAQS (83
FR 1098, January 9, 2018), in
accordance with section 107(d) of the
Clean Air Act (CAA). The list of newly
designated areas in each state, the
boundaries of each area, and the
designation of each area, appear in the
tables at the end of that action. Six areas
were designated as Nonattainment; 23
areas were designated Unclassifiable;
and the rest of the areas covered by the
third round in all states, territories, and
tribal lands were designated
Attainment/Unclassifiable. The purpose
of this action is to withdraw the SO2
designation for one area that we
designated as Unclassifiable in the
December 2017 action and designate
that area as Attainment/Unclassifiable.
The December 2017 action provided
that these designations be effective 90
days from the date of publication in the
Federal Register (i.e., April 9, 2018).
Because the designations were
promulgated so close to the end of the
2017 calendar year, the EPA indicated
in that action that if any state were to
submit complete, quality-assured,
certified 2017 data or related
information about 2017 air quality to the
EPA by February 28, 2018, that
supported a change of the designation
status for any area within that state, and
if the EPA agreed that a change of
designation status is appropriate, then
we would withdraw the designation
announced in the December 2017 action
for the area and issue the appropriate
designation that reflects the inclusion
and analysis of such information. The
EPA received such 2017 air quality
information from the state of Florida
prior to February 28, 2018, and this
information is available in the docket
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for this action.1 Based on our evaluation
of these data, in this supplemental
action, the EPA is changing the
designation status from Unclassifiable to
Attainment/Unclassifiable for one
portion of Citrus County, Florida. The
portion of Citrus County affected by this
surrounds the Crystal River Power
Plant.2
The December 2017 action was based
on application of the EPA’s nationwide
analytical approach and technical
analysis, including evaluation of
monitoring data and air quality
modeling, to determine the appropriate
designation based on the weight of
evidence for each area, which are
hereby incorporated by reference into
this supplement of that action (see 83
FR at 1099–1100).
Modification to the initial designation
for this area does not represent a
‘‘redesignation’’ because this change is a
withdrawal of the initial designation
prior to its effective date and issuance
of a new initial designation. We are
making this change to reflect the most
recent 3 years of complete, qualityassured, and certified data that have
become available prior to the effective
date of the designations.
In the December 2017 action, we also
stated that if certified 2017 data
indicated a violation of the standard in
an area we initially designated as
Attainment/Unclassifiable or
Unclassifiable, the EPA would evaluate
the reason for the violation and
determine the appropriate course of
action, including the possibility of
redesignation to Nonattainment. No
states submitted certified 2017 data by
February 28, 2018, to indicate a
violation of the standard in any area
initially designated as Attainment/
Unclassifiable or Unclassifiable.
III. Designation Decision Based on
2015–2017 Data
On August 22, 2017, the EPA
indicated an intent to designate a
portion of Citrus County, Florida as
Nonattainment based on the most recent
three years, at that time, of complete,
quality-assured, certified data from a
monitor (2014–2016) indicating a
1 Documents EPA–HQ–OAR–2017–0003–0701,
EPA–HQ–OAR–2017–0003–0702, EPA–HQ–OAR–
2017–0003–0703, and EPA–HQ–OAR–2017–0003–
0704 in Docket ID No. EPA–HQ–OAR–2017–0003.
2 Specifically, the boundary is comprised of
census block groups 4504004 and 4505002.
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violating 1-hr SO2 design value of 81
parts per billion (ppb). The EPA
explained in its Technical Support
Document (TSD) for the intended
designations (See, Chapter 9, page 101) 3
that if, prior to the effective date of
designations, the Citrus County SO2
monitor produced a valid attaining
design value for the 2015–2017 period,
and credible modeling was provided for
the area that indicated attainment for
the current 3-year period, then the EPA
would change the designation of the
area to Attainment/Unclassifiable and
the designated area would be Citrus
County in its entirety. Prior to the final
designations in the December 2017
action, in October and November of
2017, Florida provided a new air quality
modeling analysis to characterize the
maximum 1-hour SO2 concentrations in
the area and demonstrated attainment
throughout the modeled area, (See,
Chapter 9, pages 4–49 of the TSD).4 That
modeling utilized emissions that are
representative of actual emissions from
the most recent available 3-year period,
July 2014 through June 2017. In
December 2017, Florida also submitted
early-certified monitoring data through
December 9, 2017, at monitoring AQS
Site # 12–017–0006 in Citrus County,
Florida. The EPA indicated in the TSD
that if the monitor did not record 4 daily
maximum 1-hour averages of 90 ppb or
higher between December 10 and
December 31, 2017, then the 4th highest
value would be 89 ppb or less and the
design value calculation for 2015–2017
would be lower than the NAAQS. Based
on the above information, the EPA
determined there was uncertainty
whether the area was meeting the 2010
SO2 primary NAAQS based on the
available monitoring data and modeling
analyses, and designated a portion of
Citrus County as Unclassifiable in the
December 2017 final action.
The state of Florida submitted
complete, quality-assured, and certified
air quality monitoring data for calendar
year 2017 to the EPA by the prescribed
deadline of February 28, 2018. The
Florida Department of Environmental
Protection (DEP) submitted a data
certification letter and reports, which
3 Technical Support Document: Intended Round
3 Area Designations for the 2010 1-Hour SO2
Primary National Ambient Air Quality Standard for
Florida, August 2017. https://www.epa.gov/sites/
production/files/2017-08/documents/9_fl_so2_rd3final.pdf.
4 Technical Support Document: Final Round 3
Area Designations for the 2010 1-Hour SO2 Primary
National Ambient Air Quality Standard for Florida,
December 2017. https://www.epa.gov/sites/
production/files/2017-12/documents/09-fl-so2-rd3final.pdf.
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can be found in the docket,5 that show
a valid, attaining 1-hour SO2 design
value of 58 ppb based on complete,
certified 2015–2017 data. The monitor
at AQS Site # 12–017–0006 is located
3.4 miles east of Crystal River Power
Plant (CRPP). The monitor has not been
demonstrated to be located to
characterize the maximum 1-hour SO2
concentrations near CRPP or the area.
Combining Florida’s October and
November 2017 modeling, discussed
above, with the inclusion of the 2017
data submitted for the monitor showing
the attaining 3-year design values for
2015–2017, the EPA agrees with
changing the initial designation for this
area with respect to the 2010 SO2
primary NAAQS.
Based on complete, quality-assured
and certified air quality monitoring data
from 2017 submitted by Florida DEP
prior to the prescribed February 28,
2018, deadline, and modeling showing
attainment of the 1-hour SO2 primary
NAAQS in the area, the EPA is changing
the initial designation status for this one
area. As noted in Section II of this
preamble, the EPA provided a process
in the December 2017 final action for
considering 2017 air quality data in the
event that such data would support a
change to the initial designation for an
area. Pursuant to this process, the EPA
is withdrawing the initial designation
for the Unclassifiable area in one
portion of Citrus County, Florida. The
EPA is changing the initial designation
of this portion of Citrus County from
Unclassifiable to Attainment/
Unclassifiable, thereby designating the
entirety of Citrus County as Attainment/
Unclassifiable. Procedurally, this
change in the initial designation is
consistent with our early data
certification and evaluation process, as
described earlier in this document and
in the December 2017 action. The table
at the end of this final rule (amendment
to 40 CFR 81.310—Florida) lists the
entire state, including the area for which
the EPA is changing the initial
designation. This action does not impact
any areas of Indian country.
IV. Effective Date of This Action
The effective date of designation of
the area addressed in this action is April
9, 2018, the same effective date as the
December 2017 final action (83 FR
1098). The EPA is making these changes
without notice and comment in
accordance with section 107(d)(2) of the
CAA, which exempts the promulgation
5 Documents
EPA–HQ–OAR–2017–0003–0701,
EPA–HQ–OAR–2017–0003–0702, EPA–HQ–OAR–
2017–0003–0703, and EPA–HQ–OAR–2017–0003–
0704 in Docket ID No. EPA–HQ–OAR–2017–0003.
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14599
of these designations from the notice
and comment provisions of the
Administrative Procedure Act (APA).
Section 553(d) of the APA generally
provides that rulemakings shall not be
effective less than 30 days after
publication except where the agency
finds good cause for an earlier date. 5
U.S.C. 553(d)(1) and (3). Were the EPA
not to expedite the effective date of
today’s action, and instead make the
effective date 30 days after publication,
there would be confusion regarding the
appropriate designation for the affected
area in Florida, and the state and the
EPA would likely have to expend
unnecessary time and resources at a
later time to resolve that confusion. The
effective date for this action is,
therefore, justified because the EPA
finds that there is good cause to make
the rule effective immediately because it
is in the public interest to avoid the
potential delay and waste of resources
associated with allowing the
designations in the December 2017
action to go into effect for this area and
the rule does not contain new
requirements for which affected entities
need time to prepare.
V. Comments Received During the
Third Round Public Comment Period
Regarding Changing Final Designations
During the public comment period for
the third round of designations, Sierra
Club submitted comments alleging that
once the EPA provides a NAAQS
designation for an area no later than
December 31, 2017, it can only
redesignate that area by following the
applicable legal provisions for
redesignation in section 107(d)(3)(E) of
the CAA.6
The ‘‘legal deadline’’ of December 31,
2017, Sierra Club refers to is a consent
decree deadline by which the EPA must
sign its notice of promulgation of final
designations for publication in the
Federal Register. The commenter is
correct that section 107(d)(3)(E) of the
CAA provides the legal requirements
and mechanism for redesignating an
area once it is designated. However,
such redesignation hinges upon there
being such a final and effective
designation in place for an area, which
is not at the time of signature by the
EPA or publication of the Federal
Register notice promulgating such
designations. Notably, section 107(d)(2)
of the CAA does not contain publication
and effective date requirements
applicable for promulgation of
6 Sierra Club’s comment on this issue also raised
questions regarding the relevant data for Citrus
County. Those issues are addressed by the technical
information provided earlier in this document and
in the supporting TSD.
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designations. The commenter, therefore,
incorrectly asserts that the December 31,
2017, consent decree deadline is when
‘‘EPA makes its designation.’’
Accordingly, the redesignations process
under section 107(d)(3)(E) of the CAA is
not yet applicable at the legal deadline
referenced by commenter. The EPA
implemented this approach previously
for the final designations for the 1997
and 2006 PM2.5 NAAQS (70 FR 19844
and 80 FR 18535). Sierra Club’s
comment also addresses an action that
the EPA is not taking at this time,
namely to revise a designation from
Nonattainment to Attainment or
Unclassifiable, and, thus, is not relevant
to this supplemental designation action
and not addressed here.
VI. 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. 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. This action includes a revision to
the December 21, 2017, designation for
the Citrus County, Florida area based on
the availability of recent air quality data
showing that the area meets the 2010
SO2 primary NAAQS.
VII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is exempt from review by
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.
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B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because actions
such as air quality designations after
promulgating a new or revised NAAQS
are exempt under Executive Order
12866.
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C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA. This action fulfills the nondiscretionary duty for the EPA to
promulgate air quality designations after
promulgation of a new or revised
NAAQS and does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
This designation action under CAA
section 107(d) is not subject to the RFA.
The RFA applies only to rules subject to
notice-and-comment rulemaking
requirements under the APA, 5 U.S.C.
553, or any other statute. Section
107(d)(2)(B) of the CAA explicitly
provides that designations are exempt
from the notice-and-comment
provisions of the APA. In addition,
designations under CAA section 107(d)
are not among the list of actions that are
subject to the notice-and-comment
rulemaking requirements of CAA
section 307(d).
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 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.
F. Executive Order 13132: Federalism
This 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. The division of
responsibility between the federal
government and the states for purposes
of implementing the NAAQS is
established under the CAA.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Government.
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 SO2 NAAQS. The CAA
provides for states, territories, 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
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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 would not
create any additional requirements
beyond those of the SO2 NAAQS. This
rule does not impact areas of Indian
country. 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.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying 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 establish an
environmental standard intended to
mitigate health or safety risks.
I. 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.
J. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that 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 in Executive Order
12898 (59 FR 7629, February 16, 1994).
The documentation for this
determination is contained in Section VI
of this preamble, ‘‘Environmental
Justice Concerns.’’
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L. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the U.S. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
M. 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 withdrawing the
designation and promulgating a new
initial designation of one area for the
2010 SO2 primary NAAQS is
‘‘nationally applicable’’ within the
meaning of CAA section 307(b)(1). As
explained in the preamble, this final
action supplements the December 2017
final action taken by the EPA to issue
a third round of designations for areas
across the U.S. for the 2010 SO2 primary
NAAQS. The EPA determined the
December 2017 final action was
‘‘nationally applicable’’ within the
meaning of CAA section 307(b)(1). 83
FR at 1104. The rulemaking docket,
EPA–HQ–OAR–2017–0003, is the same
docket for both the December 2017 final
action and for this supplemental action,
with the relevant difference being that
in addition to the materials it contained
regarding this Florida area generated
through December 21, 2017—the date
that action was signed by the
Administrator—it now also contains the
supplemental information submitted by
Florida related to this area. Both the
January 9, 2018, action and this
supplemental action were proposed in a
single September 5, 2017, notice
announcing the EPA’s intended Round
3 designations and were taken to
discharge a duty under the court order
to issue a round of designations of areas
with sources meeting common criteria
in the court order. As explained in the
December 2017 final rule, at the core of
that final action and this supplemental
final action is the EPA’s nationwide
analytical approach and technical
analysis, including evaluation of
monitoring data and air quality
modeling, applied to the available
evidence for each area, including the
EPA’s interpretation of statutory terms
in the CAA such as 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 supplemental
final action, which results from the
same proposed action as the December
2017 final action, is nationally
applicable and is hereby publishing that
finding in the Federal Register.
For the same reasons discussed above
that make the final rule nationally
applicable, the Administrator also is
finding that this supplemental final
action is based on a determination of
nationwide scope and effect for the
purposes of CAA section 307(b)(1). As
previously explained in the December
2017 final action, 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 the December 2017 final
action and this supplemental final
action combined will extend to
numerous judicial circuits since the
designations will apply to areas across
the country. In these circumstances,
CAA 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, like the final
December 2017 final action it
supplements, see 83 FR at 1104, this
supplement to that 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 this
supplemental final action must be filed
in the U.S. Court of Appeals for the
District of Columbia Circuit within 60
days from the date this supplemental
final action is published in the Federal
Register.
List of Subjects in 40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Dated: March 28, 2018.
E. Scott Pruitt,
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 81.310 is amended by
revising the table titled, ‘‘Florida—2010
Sulfur Dioxide NAAQS (Primary)’’ to
read as follows:
■
§ 81.310
*
Florida.
*
*
*
*
FLORIDA—2010 SULFUR DIOXIDE NAAQS (PRIMARY)
Designation
Designated area
amozie on DSK30RV082PROD with RULES
Date 1
Hillsborough County, FL 2 ..........................................................................................................
Hillsborough County (part)
That portion of Hillsborough County encompassed by the polygon with the vertices
using Universal Traverse Mercator (UTM) coordinates in UTM zone 17 with
datum NAD83 as follows: (1) Vertices-UTM Easting (m) 358581, UTM Northing
3076066; (2) vertices-UTM Easting (m) 355673, UTM Northing 3079275; (3)
UTM Easting (m) 360300, UTM Northing 3086380; (4) vertices-UTM Easting (m)
366850, UTM Northing 3086692; (5) vertices-UTM Easting (m) 368364, UTM
Northing 3083760; and (6) vertices-UTM Easting (m) 365708, UTM Northing
3079121
Hillsborough—Polk County, FL 3 ...............................................................................................
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Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations
FLORIDA—2010 SULFUR DIOXIDE NAAQS (PRIMARY)—Continued
Designation
Designated area
amozie on DSK30RV082PROD with RULES
Date 1
Hillsborough County (part)
Polk County (part)
That portion of Hillsborough and Polk Counties encompassed by the polygon with
the vertices using Universal Traverse Mercator (UTM) coordinates in UTM zone
17 with datum NAD83 as follows: 390,500 E, 3,073,500 N; 390,500 E, 3,083,500
N; 400,500 E, 3,083,500 N; 400,500 E, 3,073,500 N
Nassau County, FL 2 ..................................................................................................................
Nassau County (part)
That portion of Nassau County encompassing the circular boundary with the center
being UTM Easting 455530 meters, UTM Northing 3391737 meters, UTM zone
17, using the NAD83 datum (the location of the violating ambient monitor) and
the radius being 2.4 kilometers
Mulberry, FL Area 3 ....................................................................................................................
Hillsborough County (part)
Polk County (part)
That portion of Hillsborough and Polk Counties encompassed by the polygon with
the vertices using Universal Traverse Mercator (UTM) coordinates in UTM zone
17 with datum NAD83 starting with the Northwest Corner and proceeding to the
Northeast as follows: 390,500 E, 3,083,500 N; 410,700 E, 3,091,600 N; 412,900
E, 3,089,800 N; 412,900 E, 3,084,600 N; 400,500 E, 3,073,500 N; 400,500 E,
3,083,500 N
Rest of State: 3
Alachua County ..................................................................................................................
Baker County ......................................................................................................................
Bay County .........................................................................................................................
Bradford County .................................................................................................................
Brevard County ...................................................................................................................
Broward County ..................................................................................................................
Calhoun County ..................................................................................................................
Charlotte County .................................................................................................................
Citrus County ......................................................................................................................
Clay County ........................................................................................................................
Collier County .....................................................................................................................
Columbia County ................................................................................................................
DeSoto County ...................................................................................................................
Dixie County .......................................................................................................................
Duval County ......................................................................................................................
Escambia County ...............................................................................................................
Flagler County ....................................................................................................................
Franklin County ..................................................................................................................
Gadsden County .................................................................................................................
Gilchrist County ..................................................................................................................
Glades County ....................................................................................................................
Gulf County .........................................................................................................................
Hamilton County .................................................................................................................
Hardee County ...................................................................................................................
Hendry County ....................................................................................................................
Hernando County ...............................................................................................................
Highlands County ...............................................................................................................
Hillsborough County (part) (remainder) ..............................................................................
Holmes County ...................................................................................................................
Indian River County ............................................................................................................
Jackson County ..................................................................................................................
Jefferson County ................................................................................................................
Lafayette County ................................................................................................................
Lake County .......................................................................................................................
Lee County .........................................................................................................................
Leon County .......................................................................................................................
Levy County ........................................................................................................................
Liberty County ....................................................................................................................
Madison County ..................................................................................................................
Manatee County .................................................................................................................
Marion County ....................................................................................................................
Martin County .....................................................................................................................
Miami-Dade County ............................................................................................................
Monroe County ...................................................................................................................
Nassau County (part) (remainder) .....................................................................................
Okaloosa County ................................................................................................................
Okeechobee County ...........................................................................................................
Orange County ...................................................................................................................
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Nonattainment.
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Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
E:\FR\FM\05APR1.SGM
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Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations
14603
FLORIDA—2010 SULFUR DIOXIDE NAAQS (PRIMARY)—Continued
Designation
Designated area
Date 1
Osceola County ..................................................................................................................
Palm Beach County ............................................................................................................
Pasco County .....................................................................................................................
Pinellas County ...................................................................................................................
Polk County (part) (remainder) ...........................................................................................
Putnam County ...................................................................................................................
St. Johns County ................................................................................................................
St. Lucie County .................................................................................................................
Santa Rosa County ............................................................................................................
Sarasota County .................................................................................................................
Seminole County ................................................................................................................
Sumter County ....................................................................................................................
Suwannee County ..............................................................................................................
Taylor County .....................................................................................................................
Union County ......................................................................................................................
Volusia County ...................................................................................................................
Wakulla County ..................................................................................................................
Walton County ....................................................................................................................
Washington County ............................................................................................................
Type
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Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
Attainment/Unclassifiable.
1 This
date is 4/9/2018, unless otherwise noted.
Indian country located in each area, if any, unless otherwise specified.
any Indian country in each county or area, unless otherwise specified. The EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the
designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 Excludes
3 Includes
*
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2018–06876 Filed 4–4–18; 8:45 am]
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–8161–02]
RIN 0648–XG147
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Using Trawl Gear in
the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
using trawl gear in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the B season
apportionment of the 2018 Pacific cod
total allowable catch allocated to
catcher vessels using trawl gear in the
BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), April 3, 2018, through
1200 hours, A.l.t., June 10, 2018.
SUMMARY:
amozie on DSK30RV082PROD with RULES
Josh
Keaton, 907–586–7228.
VerDate Sep<11>2014
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Jkt 244001
NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The B season apportionment of the
2018 Pacific cod total allowable catch
(TAC) allocated to catcher vessels using
trawl gear in the BSAI is 4,425 metric
tons (mt) as established by the final
2018 and 2019 harvest specifications for
groundfish in the BSAI (83 FR 8365,
February 27, 2018).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the B season
apportionment of the 2018 Pacific cod
TAC allocated to trawl catcher vessels
in the BSAI will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 3,425 mt and is setting
aside the remaining 1,000 mt as
incidental catch to support other
anticipated groundfish fisheries. In
accordance with § 679.20(d)(1)(iii), the
Regional Administrator finds that this
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Fmt 4700
Sfmt 4700
directed fishing allowance has been
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by catcher vessels using trawl gear
in the BSAI.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of directed fishing for
Pacific cod by catcher vessels using
trawl gear in the BSAI. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of March 30, 2018.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
E:\FR\FM\05APR1.SGM
05APR1
Agencies
[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Pages 14597-14603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06876]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2017-0003; FRL-9976-40-OAR]
Air Quality Designations for the 2010 Sulfur Dioxide (SO2)
Primary National Ambient Air Quality Standard--Round 3--Supplemental
Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is withdrawing the
designation of Unclassifiable for the Citrus County, Florida, area that
the EPA originally promulgated on December 21, 2017, and is
establishing a designation of Attainment/Unclassifiable for that area
as part of promulgating initial air quality designations for certain
areas in the United States (U.S.) for the 2010 sulfur dioxide
(SO2) primary National Ambient Air Quality Standard (NAAQS).
This action supplements our December 2017 action, which together
comprise the third of four expected rounds of actions to designate
areas of the U.S. for the 2010 SO2 NAAQS. This third round
of designations is based on application of the EPA's nationwide
analytical approach and technical analysis, including evaluation of
monitoring data and air quality modeling, to determine the appropriate
designation based on the weight of evidence for each area.
DATES: This final rule is effective on April 9, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2017-0003. All documents in the docket are
listed in the index at https://www.regulations.gov website. 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 the docket or in hard copy at the
Docket, WJC West Building, Room 3334, 1301 Constitution Avenue NW,
Washington, DC 20004. The hours of operation at the EPA Docket Center
are 8:30 a.m.- 4:30 p.m., Monday-Friday. The telephone number for the
Public Reading Room is (202) 566-1744. Air dispersion modeling input
and output files are too large to post in the docket or on the website
and must be requested from the EPA Docket Office or the Regional office
contacts listed in the FOR FURTHER INFORMATION CONTACT section.
In addition, the EPA has established a website for the initial
SO2 designations rulemakings at: https://www.epa.gov/sulfur-dioxide-designations. The website includes the EPA's final
SO2 designations, as well as state and tribal 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 Liz Etchells, U.S. EPA, Office of Air Quality
Planning and Standards, Air Quality Policy Division, C539-01, Research
Triangle Park, NC 27709, telephone (919) 541-0253, email at
[email protected]. The following EPA contacts can answer
questions regarding areas in a particular EPA Regional office:
U.S. EPA Regional Office Contact:
Region IV--Twunjala Bradley, telephone (404) 562-9352, email at
[email protected].
The public may inspect the rule and state-specific technical
support information at the following locations:
[[Page 14598]]
------------------------------------------------------------------------
Regional offices States
------------------------------------------------------------------------
R. Scott Davis, Chief, Air Planning and Alabama, Florida, Georgia,
Implementation Branch, EPA Region IV, Kentucky, Mississippi, North
Sam Nunn Atlanta Federal Center, 61 Carolina, South Carolina and
Forsyth, Street SW, 12th Floor, Tennessee.
Atlanta, GA 30303, (404) 562-9127.
------------------------------------------------------------------------
The information can also be reviewed online at https://www.epa.gov/sulfur-dioxide-designations and in the public docket for these
SO2 designations at https://www.regulations.gov under Docket
ID No. EPA-HQ-OAR-2017-0003.
SUPPLEMENTARY INFORMATION:
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 supplemental action?
III. Designation Decision Based on 2015-2017 Data
IV. Effective Date of This Action
V. Comments Received During the Third Round Public Comment Period
Regarding Changing Final Designations
VI. Environmental Justice Concerns
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Government.
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
M. 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
E.O. 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
RFA Regulatory Flexibility Act
UMRA Unfunded Mandate Reform Act of 1995
TAR Tribal Authority Rule
TSD Technical Support Document
U.S. United States
II. What is the purpose of this supplemental action?
On December 21, 2017, the Administrator of the EPA promulgated a
third round of initial air quality designations for certain areas in
the U.S. for the 2010 SO2 primary NAAQS (83 FR 1098, January
9, 2018), in accordance with section 107(d) of the Clean Air Act (CAA).
The list of newly designated areas in each state, the boundaries of
each area, and the designation of each area, appear in the tables at
the end of that action. Six areas were designated as Nonattainment; 23
areas were designated Unclassifiable; and the rest of the areas covered
by the third round in all states, territories, and tribal lands were
designated Attainment/Unclassifiable. The purpose of this action is to
withdraw the SO2 designation for one area that we designated
as Unclassifiable in the December 2017 action and designate that area
as Attainment/Unclassifiable.
The December 2017 action provided that these designations be
effective 90 days from the date of publication in the Federal Register
(i.e., April 9, 2018). Because the designations were promulgated so
close to the end of the 2017 calendar year, the EPA indicated in that
action that if any state were to submit complete, quality-assured,
certified 2017 data or related information about 2017 air quality to
the EPA by February 28, 2018, that supported a change of the
designation status for any area within that state, and if the EPA
agreed that a change of designation status is appropriate, then we
would withdraw the designation announced in the December 2017 action
for the area and issue the appropriate designation that reflects the
inclusion and analysis of such information. The EPA received such 2017
air quality information from the state of Florida prior to February 28,
2018, and this information is available in the docket for this
action.\1\ Based on our evaluation of these data, in this supplemental
action, the EPA is changing the designation status from Unclassifiable
to Attainment/Unclassifiable for one portion of Citrus County, Florida.
The portion of Citrus County affected by this surrounds the Crystal
River Power Plant.\2\
---------------------------------------------------------------------------
\1\ Documents EPA-HQ-OAR-2017-0003-0701, EPA-HQ-OAR-2017-0003-
0702, EPA-HQ-OAR-2017-0003-0703, and EPA-HQ-OAR-2017-0003-0704 in
Docket ID No. EPA-HQ-OAR-2017-0003.
\2\ Specifically, the boundary is comprised of census block
groups 4504004 and 4505002.
---------------------------------------------------------------------------
The December 2017 action was based on application of the EPA's
nationwide analytical approach and technical analysis, including
evaluation of monitoring data and air quality modeling, to determine
the appropriate designation based on the weight of evidence for each
area, which are hereby incorporated by reference into this supplement
of that action (see 83 FR at 1099-1100).
Modification to the initial designation for this area does not
represent a ``redesignation'' because this change is a withdrawal of
the initial designation prior to its effective date and issuance of a
new initial designation. We are making this change to reflect the most
recent 3 years of complete, quality-assured, and certified data that
have become available prior to the effective date of the designations.
In the December 2017 action, we also stated that if certified 2017
data indicated a violation of the standard in an area we initially
designated as Attainment/Unclassifiable or Unclassifiable, the EPA
would evaluate the reason for the violation and determine the
appropriate course of action, including the possibility of
redesignation to Nonattainment. No states submitted certified 2017 data
by February 28, 2018, to indicate a violation of the standard in any
area initially designated as Attainment/Unclassifiable or
Unclassifiable.
III. Designation Decision Based on 2015-2017 Data
On August 22, 2017, the EPA indicated an intent to designate a
portion of Citrus County, Florida as Nonattainment based on the most
recent three years, at that time, of complete, quality-assured,
certified data from a monitor (2014-2016) indicating a
[[Page 14599]]
violating 1-hr SO2 design value of 81 parts per billion
(ppb). The EPA explained in its Technical Support Document (TSD) for
the intended designations (See, Chapter 9, page 101) \3\ that if, prior
to the effective date of designations, the Citrus County SO2
monitor produced a valid attaining design value for the 2015-2017
period, and credible modeling was provided for the area that indicated
attainment for the current 3-year period, then the EPA would change the
designation of the area to Attainment/Unclassifiable and the designated
area would be Citrus County in its entirety. Prior to the final
designations in the December 2017 action, in October and November of
2017, Florida provided a new air quality modeling analysis to
characterize the maximum 1-hour SO2 concentrations in the
area and demonstrated attainment throughout the modeled area, (See,
Chapter 9, pages 4-49 of the TSD).\4\ That modeling utilized emissions
that are representative of actual emissions from the most recent
available 3-year period, July 2014 through June 2017. In December 2017,
Florida also submitted early-certified monitoring data through December
9, 2017, at monitoring AQS Site # 12-017-0006 in Citrus County,
Florida. The EPA indicated in the TSD that if the monitor did not
record 4 daily maximum 1-hour averages of 90 ppb or higher between
December 10 and December 31, 2017, then the 4th highest value would be
89 ppb or less and the design value calculation for 2015-2017 would be
lower than the NAAQS. Based on the above information, the EPA
determined there was uncertainty whether the area was meeting the 2010
SO2 primary NAAQS based on the available monitoring data and
modeling analyses, and designated a portion of Citrus County as
Unclassifiable in the December 2017 final action.
---------------------------------------------------------------------------
\3\ Technical Support Document: Intended Round 3 Area
Designations for the 2010 1-Hour SO2 Primary National
Ambient Air Quality Standard for Florida, August 2017. https://www.epa.gov/sites/production/files/2017-08/documents/9_fl_so2_rd3-final.pdf.
\4\ Technical Support Document: Final Round 3 Area Designations
for the 2010 1-Hour SO2 Primary National Ambient Air
Quality Standard for Florida, December 2017. https://www.epa.gov/sites/production/files/2017-12/documents/09-fl-so2-rd3-final.pdf.
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The state of Florida submitted complete, quality-assured, and
certified air quality monitoring data for calendar year 2017 to the EPA
by the prescribed deadline of February 28, 2018. The Florida Department
of Environmental Protection (DEP) submitted a data certification letter
and reports, which can be found in the docket,\5\ that show a valid,
attaining 1-hour SO2 design value of 58 ppb based on
complete, certified 2015-2017 data. The monitor at AQS Site # 12-017-
0006 is located 3.4 miles east of Crystal River Power Plant (CRPP). The
monitor has not been demonstrated to be located to characterize the
maximum 1-hour SO2 concentrations near CRPP or the area.
Combining Florida's October and November 2017 modeling, discussed
above, with the inclusion of the 2017 data submitted for the monitor
showing the attaining 3-year design values for 2015-2017, the EPA
agrees with changing the initial designation for this area with respect
to the 2010 SO2 primary NAAQS.
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\5\ Documents EPA-HQ-OAR-2017-0003-0701, EPA-HQ-OAR-2017-0003-
0702, EPA-HQ-OAR-2017-0003-0703, and EPA-HQ-OAR-2017-0003-0704 in
Docket ID No. EPA-HQ-OAR-2017-0003.
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Based on complete, quality-assured and certified air quality
monitoring data from 2017 submitted by Florida DEP prior to the
prescribed February 28, 2018, deadline, and modeling showing attainment
of the 1-hour SO2 primary NAAQS in the area, the EPA is
changing the initial designation status for this one area. As noted in
Section II of this preamble, the EPA provided a process in the December
2017 final action for considering 2017 air quality data in the event
that such data would support a change to the initial designation for an
area. Pursuant to this process, the EPA is withdrawing the initial
designation for the Unclassifiable area in one portion of Citrus
County, Florida. The EPA is changing the initial designation of this
portion of Citrus County from Unclassifiable to Attainment/
Unclassifiable, thereby designating the entirety of Citrus County as
Attainment/Unclassifiable. Procedurally, this change in the initial
designation is consistent with our early data certification and
evaluation process, as described earlier in this document and in the
December 2017 action. The table at the end of this final rule
(amendment to 40 CFR 81.310--Florida) lists the entire state, including
the area for which the EPA is changing the initial designation. This
action does not impact any areas of Indian country.
IV. Effective Date of This Action
The effective date of designation of the area addressed in this
action is April 9, 2018, the same effective date as the December 2017
final action (83 FR 1098). The EPA is making these changes without
notice and comment in accordance with section 107(d)(2) of the CAA,
which exempts the promulgation of these designations from the notice
and comment provisions of the Administrative Procedure Act (APA).
Section 553(d) of the APA generally provides that rulemakings shall not
be effective less than 30 days after publication except where the
agency finds good cause for an earlier date. 5 U.S.C. 553(d)(1) and
(3). Were the EPA not to expedite the effective date of today's action,
and instead make the effective date 30 days after publication, there
would be confusion regarding the appropriate designation for the
affected area in Florida, and the state and the EPA would likely have
to expend unnecessary time and resources at a later time to resolve
that confusion. The effective date for this action is, therefore,
justified because the EPA finds that there is good cause to make the
rule effective immediately because it is in the public interest to
avoid the potential delay and waste of resources associated with
allowing the designations in the December 2017 action to go into effect
for this area and the rule does not contain new requirements for which
affected entities need time to prepare.
V. Comments Received During the Third Round Public Comment Period
Regarding Changing Final Designations
During the public comment period for the third round of
designations, Sierra Club submitted comments alleging that once the EPA
provides a NAAQS designation for an area no later than December 31,
2017, it can only redesignate that area by following the applicable
legal provisions for redesignation in section 107(d)(3)(E) of the
CAA.\6\
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\6\ Sierra Club's comment on this issue also raised questions
regarding the relevant data for Citrus County. Those issues are
addressed by the technical information provided earlier in this
document and in the supporting TSD.
---------------------------------------------------------------------------
The ``legal deadline'' of December 31, 2017, Sierra Club refers to
is a consent decree deadline by which the EPA must sign its notice of
promulgation of final designations for publication in the Federal
Register. The commenter is correct that section 107(d)(3)(E) of the CAA
provides the legal requirements and mechanism for redesignating an area
once it is designated. However, such redesignation hinges upon there
being such a final and effective designation in place for an area,
which is not at the time of signature by the EPA or publication of the
Federal Register notice promulgating such designations. Notably,
section 107(d)(2) of the CAA does not contain publication and effective
date requirements applicable for promulgation of
[[Page 14600]]
designations. The commenter, therefore, incorrectly asserts that the
December 31, 2017, consent decree deadline is when ``EPA makes its
designation.'' Accordingly, the redesignations process under section
107(d)(3)(E) of the CAA is not yet applicable at the legal deadline
referenced by commenter. The EPA implemented this approach previously
for the final designations for the 1997 and 2006 PM2.5 NAAQS
(70 FR 19844 and 80 FR 18535). Sierra Club's comment also addresses an
action that the EPA is not taking at this time, namely to revise a
designation from Nonattainment to Attainment or Unclassifiable, and,
thus, is not relevant to this supplemental designation action and not
addressed here.
VI. 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. 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. This
action includes a revision to the December 21, 2017, designation for
the Citrus County, Florida area based on the availability of recent air
quality data showing that the area meets the 2010 SO2
primary NAAQS.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is exempt from review by 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. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because actions such as air quality designations after promulgating a
new or revised NAAQS are exempt under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action fulfills the non-discretionary duty for the EPA to
promulgate air quality designations after promulgation of a new or
revised NAAQS and does not contain any information collection
activities.
D. Regulatory Flexibility Act (RFA)
This designation action under CAA section 107(d) is not subject to
the RFA. The RFA applies only to rules subject to notice-and-comment
rulemaking requirements under the APA, 5 U.S.C. 553, or any other
statute. Section 107(d)(2)(B) of the CAA explicitly provides that
designations are exempt from the notice-and-comment provisions of the
APA. In addition, designations under CAA section 107(d) are not among
the list of actions that are subject to the notice-and-comment
rulemaking requirements of CAA section 307(d).
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 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.
F. Executive Order 13132: Federalism
This 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. The
division of responsibility between the federal government and the
states for purposes of implementing the NAAQS is established under the
CAA.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Government.
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 SO2 NAAQS. The CAA provides
for states, territories, 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 would not create any additional requirements
beyond those of the SO2 NAAQS. This rule does not impact
areas of Indian country. 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.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying 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 establish an environmental
standard intended to mitigate health or safety risks.
I. 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.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that 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 in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this determination is contained in Section VI of this
preamble, ``Environmental Justice Concerns.''
[[Page 14601]]
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the U.S. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
M. 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 withdrawing the designation and promulgating a
new initial designation of one area for the 2010 SO2 primary
NAAQS is ``nationally applicable'' within the meaning of CAA section
307(b)(1). As explained in the preamble, this final action supplements
the December 2017 final action taken by the EPA to issue a third round
of designations for areas across the U.S. for the 2010 SO2
primary NAAQS. The EPA determined the December 2017 final action was
``nationally applicable'' within the meaning of CAA section 307(b)(1).
83 FR at 1104. The rulemaking docket, EPA-HQ-OAR-2017-0003, is the same
docket for both the December 2017 final action and for this
supplemental action, with the relevant difference being that in
addition to the materials it contained regarding this Florida area
generated through December 21, 2017--the date that action was signed by
the Administrator--it now also contains the supplemental information
submitted by Florida related to this area. Both the January 9, 2018,
action and this supplemental action were proposed in a single September
5, 2017, notice announcing the EPA's intended Round 3 designations and
were taken to discharge a duty under the court order to issue a round
of designations of areas with sources meeting common criteria in the
court order. As explained in the December 2017 final rule, at the core
of that final action and this supplemental final action is the EPA's
nationwide analytical approach and technical analysis, including
evaluation of monitoring data and air quality modeling, applied to the
available evidence for each area, including the EPA's interpretation of
statutory terms in the CAA such as 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 supplemental
final action, which results from the same proposed action as the
December 2017 final action, is nationally applicable and is hereby
publishing that finding in the Federal Register.
For the same reasons discussed above that make the final rule
nationally applicable, the Administrator also is finding that this
supplemental final action is based on a determination of nationwide
scope and effect for the purposes of CAA section 307(b)(1). As
previously explained in the December 2017 final action, 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 the December 2017 final action and this
supplemental final action combined will extend to numerous judicial
circuits since the designations will apply to areas across the country.
In these circumstances, CAA 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, like the final December 2017 final action it supplements,
see 83 FR at 1104, this supplement to that 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 this supplemental final action
must be filed in the U.S. Court of Appeals for the District of Columbia
Circuit within 60 days from the date this supplemental final action is
published in the Federal Register.
List of Subjects in 40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: March 28, 2018.
E. Scott Pruitt,
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 81.310 is amended by revising the table titled, ``Florida--
2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:
Sec. 81.310 Florida.
* * * * *
Florida--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
Designation
Designated area ----------------------------------------------------------------------
Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Hillsborough County, FL \2\.............. 10/4/13 Nonattainment.
Hillsborough County (part)
That portion of Hillsborough
County encompassed by the
polygon with the vertices using
Universal Traverse Mercator
(UTM) coordinates in UTM zone 17
with datum NAD83 as follows: (1)
Vertices-UTM Easting (m) 358581,
UTM Northing 3076066; (2)
vertices-UTM Easting (m) 355673,
UTM Northing 3079275; (3) UTM
Easting (m) 360300, UTM Northing
3086380; (4) vertices-UTM
Easting (m) 366850, UTM Northing
3086692; (5) vertices-UTM
Easting (m) 368364, UTM Northing
3083760; and (6) vertices-UTM
Easting (m) 365708, UTM Northing
3079121
Hillsborough--Polk County, FL \3\........ .............. Nonattainment.
[[Page 14602]]
Hillsborough County (part)
Polk County (part)
That portion of Hillsborough and .............. .....................................................
Polk Counties encompassed by the
polygon with the vertices using
Universal Traverse Mercator
(UTM) coordinates in UTM zone 17
with datum NAD83 as follows:
390,500 E, 3,073,500 N; 390,500
E, 3,083,500 N; 400,500 E,
3,083,500 N; 400,500 E,
3,073,500 N
Nassau County, FL \2\.................... 10/4/13 Nonattainment.
Nassau County (part) .............. .....................................................
That portion of Nassau County .............. .....................................................
encompassing the circular
boundary with the center being
UTM Easting 455530 meters, UTM
Northing 3391737 meters, UTM
zone 17, using the NAD83 datum
(the location of the violating
ambient monitor) and the radius
being 2.4 kilometers
Mulberry, FL Area \3\.................... .............. Unclassifiable.
Hillsborough County (part) .............. .....................................................
Polk County (part) .............. .....................................................
That portion of Hillsborough and .............. .....................................................
Polk Counties encompassed by the
polygon with the vertices using
Universal Traverse Mercator
(UTM) coordinates in UTM zone 17
with datum NAD83 starting with
the Northwest Corner and
proceeding to the Northeast as
follows: 390,500 E, 3,083,500 N;
410,700 E, 3,091,600 N; 412,900
E, 3,089,800 N; 412,900 E,
3,084,600 N; 400,500 E,
3,073,500 N; 400,500 E,
3,083,500 N
Rest of State: \3\
Alachua County....................... .............. Attainment/Unclassifiable.
Baker County......................... .............. Attainment/Unclassifiable.
Bay County........................... .............. Attainment/Unclassifiable.
Bradford County...................... .............. Attainment/Unclassifiable.
Brevard County....................... .............. Attainment/Unclassifiable.
Broward County....................... .............. Attainment/Unclassifiable.
Calhoun County....................... .............. Attainment/Unclassifiable.
Charlotte County..................... .............. Attainment/Unclassifiable.
Citrus County........................ .............. Attainment/Unclassifiable.
Clay County.......................... .............. Attainment/Unclassifiable.
Collier County....................... .............. Attainment/Unclassifiable.
Columbia County...................... .............. Attainment/Unclassifiable.
DeSoto County........................ .............. Attainment/Unclassifiable.
Dixie County......................... .............. Attainment/Unclassifiable.
Duval County......................... .............. Attainment/Unclassifiable.
Escambia County...................... .............. Attainment/Unclassifiable.
Flagler County....................... .............. Attainment/Unclassifiable.
Franklin County...................... .............. Attainment/Unclassifiable.
Gadsden County....................... .............. Attainment/Unclassifiable.
Gilchrist County..................... .............. Attainment/Unclassifiable.
Glades County........................ .............. Attainment/Unclassifiable.
Gulf County.......................... .............. Attainment/Unclassifiable.
Hamilton County...................... .............. Attainment/Unclassifiable.
Hardee County........................ .............. Attainment/Unclassifiable.
Hendry County........................ .............. Attainment/Unclassifiable.
Hernando County...................... .............. Attainment/Unclassifiable.
Highlands County..................... .............. Attainment/Unclassifiable.
Hillsborough County (part) .............. Attainment/Unclassifiable.
(remainder).
Holmes County........................ .............. Attainment/Unclassifiable.
Indian River County.................. .............. Attainment/Unclassifiable.
Jackson County....................... .............. Attainment/Unclassifiable.
Jefferson County..................... .............. Attainment/Unclassifiable.
Lafayette County..................... .............. Attainment/Unclassifiable.
Lake County.......................... .............. Attainment/Unclassifiable.
Lee County........................... .............. Attainment/Unclassifiable.
Leon County.......................... .............. Attainment/Unclassifiable.
Levy County.......................... .............. Attainment/Unclassifiable.
Liberty County....................... .............. Attainment/Unclassifiable.
Madison County....................... .............. Attainment/Unclassifiable.
Manatee County....................... .............. Attainment/Unclassifiable.
Marion County........................ .............. Attainment/Unclassifiable.
Martin County........................ .............. Attainment/Unclassifiable.
Miami-Dade County.................... .............. Attainment/Unclassifiable.
Monroe County........................ .............. Attainment/Unclassifiable.
Nassau County (part) (remainder)..... .............. Attainment/Unclassifiable.
Okaloosa County...................... .............. Attainment/Unclassifiable.
Okeechobee County.................... .............. Attainment/Unclassifiable.
Orange County........................ .............. Attainment/Unclassifiable.
[[Page 14603]]
Osceola County....................... .............. Attainment/Unclassifiable.
Palm Beach County.................... .............. Attainment/Unclassifiable.
Pasco County......................... .............. Attainment/Unclassifiable.
Pinellas County...................... .............. Attainment/Unclassifiable.
Polk County (part) (remainder)....... .............. Attainment/Unclassifiable.
Putnam County........................ .............. Attainment/Unclassifiable.
St. Johns County..................... .............. Attainment/Unclassifiable.
St. Lucie County..................... .............. Attainment/Unclassifiable.
Santa Rosa County.................... .............. Attainment/Unclassifiable.
Sarasota County...................... .............. Attainment/Unclassifiable.
Seminole County...................... .............. Attainment/Unclassifiable.
Sumter County........................ .............. Attainment/Unclassifiable.
Suwannee County...................... .............. Attainment/Unclassifiable.
Taylor County........................ .............. Attainment/Unclassifiable.
Union County......................... .............. Attainment/Unclassifiable.
Volusia County....................... .............. Attainment/Unclassifiable.
Wakulla County....................... .............. Attainment/Unclassifiable.
Walton County........................ .............. Attainment/Unclassifiable.
Washington County.................... .............. Attainment/Unclassifiable.
----------------------------------------------------------------------------------------------------------------
\1\ This date is 4/9/2018, unless otherwise noted.
\2\ Excludes Indian country located in each area, if any, unless otherwise specified.
\3\ Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining
the boundaries of any area of Indian country in this table, including any area of Indian country located in
the larger designation area. The inclusion of any Indian country in the designation area is not a
determination that the state has regulatory authority under the Clean Air Act for such Indian country.
* * * * *
[FR Doc. 2018-06876 Filed 4-4-18; 8:45 am]
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