Air Quality Designations for the 2010 Sulfur Dioxide (SO2, 19576-19580 [2021-07574]

Download as PDF 19576 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Rules and Regulations traffic a crewmember from the train will initiate a SECURITE call on VHF–FM Marine Channel 16 that the bridge will be lowering for train traffic and invite any concerned mariners to contact the drawtender on VHF–FM Marine Channel 12. The drawtender will also visually monitor for vessel traffic and listen for the standard bridge opening signal of one prolonged blast and one short blast from vessels already transiting the waterway. After the ten minute warning, another SECURITE call shall be made on VHF–FM Marine Channel 16 that the bridge will be lowering for rail traffic five minutes before lowering. Once the drawtender is satisfied that it is safe, the bridge will be lowered for rail traffic. Once the rail traffic has cleared the bridge, the bridge shall be raised and locked in the fully open to navigation position. (d) The draw of the Conrail Bridge, mile 1.48, is remotely operated, is required to operate a radiotelephone, and shall open on signal. Dated: April 2, 2021. D.L. Cottrell, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2021–07649 Filed 4–13–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–HQ–OAR–2020–0037; FRL–10022–22– OAR] Air Quality Designations for the 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard—Round 4—Supplemental Amendment Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is withdrawing the initial nonattainment designation for portions of the Outagamie County, Wisconsin, area for the 2010 sulfur dioxide (SO2) primary National Ambient Air Quality Standard (NAAQS) and is finalizing a designation of attainment/unclassifiable for the area. The EPA Administrator signed an action on December 21, 2020, to designate certain areas in the United States (U.S.) for the 2010 SO2 NAAQS, including the Outagamie County area. This action supplements the EPA’s December 2020 designations, published in the Federal Register of March 26, 2021, which have not yet taken effect. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:45 Apr 13, 2021 Jkt 253001 This final rule is effective on April 30, 2021. ADDRESSES: The EPA has established a docket for this action at https:// regulations.gov under Docket ID No. EPA–HQ–OAR–2020–0037. 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. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are currently closed to the public, with limited exceptions, to reduce the risk of transmitting COVID–19. The Docket Center staff will continue to provide remote customer service via email, phone, and webform. For further information on EPA Docket Center services and the current status, please visit us online at https://www.epa.gov/ dockets. DATES: For general questions concerning this action, please contact Andrew Leith, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Air Quality Policy Division, 109 T.W. Alexander Drive, Mail Code C539–04, Research Triangle Park, NC 27711, telephone (919) 541–1069, email address: leith.andrew@epa.gov. For questions regarding the specific area in this action, please contact Alisa Liu, U.S. Environmental Protection Agency Region 5, Control Strategies Section, Air Programs Branch (AR–18J), 77 West Jackson Boulevard, Chicago, IL 60604; telephone: (312) 353–3193; email address: liu.alisa@epa.gov. Most EPA offices are closed to reduce the risk of transmitting COVID–19, but staff remain available via telephone and email. The EPA encourages the public to review information related to the Round 4 2010 SO2 NAAQS designations online at https://www.epa.gov/sulfur-dioxidedesignations and also in the public docket at https://www.regulations.gov under Docket ID No. EPA–HQ–OAR– 2020–0037. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 2018–2020 Data IV. Effective Date of This Action PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 V. Comments Received Regarding EPA’s Round 4 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. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Government 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 AQS Air Quality System CAA Clean Air Act CFR Code of Federal Regulations DC District of Columbia DRR Data Requirements Rule 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 ppb Parts per billion PRA Paperwork Reduction Act RFA Regulatory Flexibility Act SO2 Sulfur Dioxide TAR Tribal Authority Rule UMRA Unfunded Mandate Reform Act of 1995 U.S. United States II. What is the purpose of this supplemental action? The EPA was under a December 31, 2020, court-ordered deadline to designate all remaining areas for the 2010 SO2 NAAQS (‘‘Round 4’’). On December 21, 2020, the EPA Administrator signed a final action to designate 44 areas in accordance with section 107(d) of the Clean Air Act (CAA).1 Nine areas were designated as 1 The Round 4 2010 SO NAAQS designations 2 action was signed by the EPA Administrator, Andrew Wheeler, on December 21, 2020, pursuant to a court-ordered deadline of December 31, 2020. That document with the original signature and date E:\FR\FM\14APR1.SGM 14APR1 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES nonattainment; two areas were designated as unclassifiable; and 33 areas were designated as attainment/ unclassifiable. 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. The purpose of this supplemental action is to withdraw the SO2 designation for one area that the EPA designated as nonattainment in the December 2020 action and designate that area as attainment/unclassifiable. The EPA indicated in that action that if any state submitted complete, qualityassured, certified 2020 data to the appropriate EPA Regional office supporting a change of the designation status for any Round 4 area within that state, and the EPA agreed that a change of designation status was appropriate, the EPA would withdraw the December 21, 2020, designation for the area and issue another designation that reflects the analysis of such information. The EPA received such 2020 air quality information from the state of Wisconsin on January 13, 2021, and this information is available in the docket for this action. Based on our evaluation of the 2020 monitoring data, in this supplemental action the EPA is changing its December 21, 2020, nonattainment designation for portions of Outagamie County, Wisconsin to attainment/unclassifiable. The portions of Outagamie County affected by this change cover Outagamie County except Oneida Township (which includes Oneida Reservation), Oneida OffReservation Trust Land, and noncontiguous portions of Seymour Township adjoining Oneida Nation Tribal Lands.2 The December 21, 2020, 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 and area boundary based on the weight of evidence for each area, is maintained by the EPA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, Acting Administrator Jane Nishida re-signed the same action on March 10, 2021, for publication (86 FR 16055, March 26, 2021). The administrative process in no way alters the legal effect of the action upon publication in the Federal Register. 2 In the December 2020 action, the EPA designated Oneida Township (which includes the Oneida Reservation), Oneida Off-Reservation Trust Land, and the noncontiguous portions of Seymour Township adjoining Oneida Nation Tribal Lands as attainment/unclassifiable. See the EPA’s intended designations technical support document for Wisconsin at https://www.epa.gov/sites/production/ files/2020–08/documents/11-wi-rd4_intended_so2_ designations_tsd.pdf. VerDate Sep<11>2014 15:45 Apr 13, 2021 Jkt 253001 which are hereby incorporated by reference into this supplement of that action. Modification to the December 21, 2020, designation for this area does not represent a ‘‘redesignation’’ because this change is a withdrawal of that initial designation prior to its effective date and is an issuance of a new initial designation. The EPA is making this change to reflect the most recent 3 years of complete, quality-assured, and certified data (i.e., 2018–2020) that have become available prior to the April 30, 2021, effective date of the December 21, 2020, action. III. Designation Decision Based on 2018–2020 Data In a May 1, 2020, letter, which the state later modified on July 17, 2020, the Wisconsin Department of Natural Resources (WDNR) recommended that the EPA designate Outagamie County, Wisconsin as nonattainment for the 2010 SO2 NAAQS. On August 13, 2020, consistent with section 107(d)(1)(b)(ii) of the CAA, the EPA notified Wisconsin that it intended to designate portions of Outagamie County, Wisconsin as nonattainment based on the most recent 3 years (2017–2019), at that time, of complete, quality-assured, certified data from a monitor (Air Quality System (AQS) Site ID #55–087–0015) indicating a violation of the 2010 SO2 NAAQS with a design value of 77 parts per billion (ppb).3 The EPA explained in its December 2020 Responses to Comments on the intended designations (see pp. 26–27) that if the Kaukauna SO2 monitor produced a valid attaining design value for the 2018–2020 period, and Wisconsin submitted the certified data to the EPA prior to February 15, 2021, then the EPA would withdraw the nonattainment designation announced in the December 2020 action and change the initial designation of the Outagamie County area to attainment/ unclassifiable.4 On January 13, 2021, the WDNR submitted complete, quality-assured, and certified SO2 air quality monitoring data from the Kaukauna monitor for calendar year 2020 to the EPA.5 3 The 2010 1-hour SO NAAQS is 75 ppb, based 2 on the 3-year average of the 99th percentile of the annual distribution of daily maximum 1-hour average concentrations. See 40 CFR 50.17. 4 Response to Comments on EPA’s Intended Designations for the 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard (NAAQS)— Round 4, December 2020. Available at https:// www.epa.gov/sites/production/files/2020-12/ documents/rd4_so2_designations_responses_to_ comments_final_v2.pdf. 5 The docket for this action includes WDNR’s AMP600 and AMP450NC Data Certification Reports dated January 7, 2021, and Letter dated January 13, 2021, and the EPA’s Concurrence dated January 19, 2021. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 19577 Additionally, WDNR requested that the EPA use the most recently available data to change the designation of Outagamie County, Wisconsin from nonattainment to attainment/unclassifiable prior to the April 30, 2021 effective date of the December 2020 action. The Kaukauna monitor is located 1.53 kilometers north northeast of the Ahlstrom-Munksjo¨ NA Specialty Solutions, LLC—Kaukauna facility. The monitor was sited to characterize the maximum 1-hour SO2 concentration in the area surrounding the facility. Based on the ambient monitoring data certified by WDNR in the EPA’s AQS, the annual 99th percentiles for the daily maximum 1-hour SO2 concentrations are 107.8 ppb for 2018, 32.3 ppb 2019, and 66.7 ppb for 2020. Data collected at this monitor show a valid, attaining 1-hour SO2 design value of 69 ppb based on complete, certified 2018–2020 data. The design value was calculated according to the data handling procedures in 40 CFR part 50, Appendix T, and is valid for comparison to the NAAQS. Based on complete, quality-assured and certified air quality monitoring data from 2020 submitted by WDNR, showing attainment of the 1-hour SO2 primary NAAQS in the area, the EPA is changing the initial designation for this area. As noted in Section II of this notice, the EPA provided a process in the December 2020 action for considering 2020 air quality data if such data supported a change to the initial designation for an area. Pursuant to this process, the EPA is withdrawing the initial nonattainment designation for portions of Outagamie County, Wisconsin, and the EPA is changing the initial designation of these portions of Outagamie County to attainment/ unclassifiable, thereby designating the entirety of Outagamie County as attainment/unclassifiable. Procedurally, this change in the initial designation is consistent with the EPA’s early data certification and evaluation process, as described previously in this document and in the December 2020 action. The table at the end of this document (amendment to 40 CFR 81.350) lists the only area for which the EPA is changing the initial designation. IV. Effective Date of This Action The effective date of designation of the area addressed in this action is April 30, 2021, the same effective date as the December 21, 2020, final designations action. 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 E:\FR\FM\14APR1.SGM 14APR1 19578 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Rules and Regulations 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 this action, and instead make the effective date 30 days after publication, there would be confusion regarding the appropriate designation for the affected area in Wisconsin, 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 April 30, 2021, because it is in the public interest to avoid the potential delay and waste of resources associated with allowing the designations in the December 21, 2020, action to go into effect for this area, and the rule does not contain new requirements for which affected entities need time to prepare. jbell on DSKJLSW7X2PROD with RULES V. Comments Received Regarding the EPA’s Round 4 Designations During the 120-day notification period for the fourth round of designations, WDNR submitted comments, observing that SO2 concentrations at the Kaukauna monitor have decreased since 2018. WDNR predicted that the 2018–2020 design value would be below the 2010 SO2 NAAQS based on more recent data through September 2020 and suggested that this would potentially make finalization of a nonattainment designation unnecessary. If final quality assured data from the Kaukauna monitor at the end of 2020 showed a 2018–2020 design value that meets the 2010 1-hour SO2 NAAQS, WDNR stated that it intended to early certify the 2020 data and request that the EPA change the initial designation for Outagamie County. The EPA did not receive any other comments regarding the Outagamie County, Wisconsin area during the 30-day public comment period. 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 VerDate Sep<11>2014 15:45 Apr 13, 2021 Jkt 253001 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. 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. 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. C. 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). D. 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. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the state, on the relationship between the national government and the state, or on the distribution of power and responsibilities among the various levels of government. The division of responsibility between the federal government and the state for purposes PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 of implementing the NAAQS is established under the CAA. F. 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 establishes the designations for certain areas of the country for the 2010 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. In 2011, the EPA also sent individualized letters to all federally recognized tribes to explain the designation process for the 2010 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 Round 1 designations for the SO2 standard and offered tribal leaders the opportunity for E:\FR\FM\14APR1.SGM 14APR1 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Rules and Regulations consultation.6 These communications provided opportunities for tribes to voice concerns to the EPA about the general designations process for the 2010 SO2 NAAQS, as well as concerns specific to a tribe, and informed the EPA about key tribal concerns regarding designations as the designations process was under development and through its implementation up to that point. For the second, third, and fourth rounds 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. G. 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. 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 rulemaking does not involve technical standards. jbell on DSKJLSW7X2PROD with RULES J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 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 action, ‘‘Environmental Justice Concerns.’’ 6 These communication letters to the tribes are provided in the dockets for Round 1 (Docket ID No. EPA–HQ–OAR–2012–0233), Round 2 (Docket ID NO. EPA–HQ–OAR–2014–0464), and Round 3 (Docket ID NO. EPA–HQ–OAR–2017–0003). VerDate Sep<11>2014 15:45 Apr 13, 2021 Jkt 253001 K. 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). 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.’’ For locally or regionally applicable final actions, the CAA reserves to the EPA complete discretion whether to invoke the exception in (ii). To the extent a court finds this action locally or regionally applicable, the Administrator is exercising the complete discretion afforded to him under the CAA to make and publish a finding that this action is based on a determination of ‘‘nationwide scope or effect’’ within the meaning of CAA section 307(b)(1).7 As explained in this document, this final action withdrawing the designation and promulgating a new initial designation of one area for the 2010 SO2 primary NAAQS supplements the nationally applicable December 2020 final action taken by the EPA to issue a fourth round of designations for areas across the U.S., located in 21 states, nine EPA regions, and 10 federal judicial circuits, for the 2010 SO2 primary NAAQS.8 The December 21, 2020, signed action and this supplemental action, replacing the 7 In deciding whether to invoke the exception by making and publishing a finding that this final action is based on a determination of nationwide scope or effect, the Administrator has also taken into account a number of policy considerations, including his judgment balancing the benefit of obtaining the D.C. Circuit’s authoritative centralized review versus allowing development of the issue in other contexts and the best use of agency resources. 8 The rulemaking docket, EPA–HQ–OAR–2020– 0037, is the same docket for both the December 21, 2020, signed action and for this supplemental action, with the relevant difference being that in addition to the materials it contained regarding this Wisconsin area generated through December 21, 2020—the date that action was signed by the Administrator—it now also contains the supplemental information submitted by Wisconsin related to this area. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 19579 initial designation of one area in the December 21, 2020, signed action prior to the effective date of that action, are promulgated pursuant to a common, nationwide analytical method and interpretation of CAA section 107(d). In other words, this supplemental action applies the same uniform, nationwide analytical method and interpretation of CAA section 107(d) applied across the country in the December 2020 final action, including the EPA’s nationwide analytical approach to and technical analysis of evaluating monitoring data and air quality modeling within 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. Both the supplemental action and the December 21, 2020, action are based on this same common core of determinations regarding the nationwide analytical method and interpretation of CAA section 107(d), and the Administrator previously made and published a finding in the December 2020 final action that such action is based on a determination of ‘‘nationwide scope or effect’’ within the meaning of CAA section 307(b)(1).9 More specifically, this final action is based on a determination by the EPA to evaluate areas nationwide under a common five factor analysis in determining whether areas are in violation of the 2010 SO2 NAAQS, as follows: 1. Air quality characterization via ambient monitoring and/or dispersion modeling results; 2. emissions-related data; 3. meteorology; 4. geography and topography; and 5. jurisdictional boundaries.10 For these reasons, the Administrator is exercising the complete discretion afforded to him by the CAA and hereby finds that this final action is based on a determination of nationwide scope or effect for purposes of CAA section 307(b)(1) and is hereby publishing that finding in the Federal Register. Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the District of 9 In the report on the 1977 Amendments that revised section 307(b)(1) of the CAA, Congress noted that the Administrator’s determination that the ‘‘nationwide scope or effect’’ exception applies would be appropriate for any action that has a scope or effect beyond a single judicial circuit. See H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402–03. 10 See ‘‘Area Designations for the 2010 Primary Sulfur Dioxide National Ambient Air Quality Standard—Round 4,’’ memorandum to Regional Air Division Directors, Regions 1–10, from Peter Tsirigotis, dated September 5, 2019, available at https://www.epa.gov/sites/production/files/201909/documents/round_4_so2_designations_memo_ 09-05-2019_final.pdf. E:\FR\FM\14APR1.SGM 14APR1 19580 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Rules and Regulations Columbia Circuit within 60 days from the date this final action is published in the Federal Register. Filing a petition for reconsideration by the Administrator of this final action does not affect the finality of the action for the purposes of judicial review, nor does it extend the time within which a petition for judicial review must be filed, and shall not postpone the effectiveness of such rule or action. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Authority: 42 U.S.C. 7401, et seq. Subpart C—Section 107 Attainment Status Designations 2. In § 81.350, the table titled ‘‘Wisconsin—2010 Sulfur Dioxide NAAQS [Primary]’’ is amended by removing the entry for ‘‘Outagamie County (part)’’, and removing the entry for ‘‘Outagamie County (remainder)’’ and adding an entry for ‘‘Outagamie County’’ in its place. The addition reads as follows: ■ Michael S. Regan, Administrator. For the reasons set forth in the preamble, the EPA amends 40 CFR part 81 as follows: PART 81—DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES 1. The authority citation for part 81 continues to read as follows: ■ § 81.350 * * Wisconsin. * * * WISCONSIN–2010 SULFUR DIOXIDE NAAQS [Primary] Designation Designated area 1 Date 2 * * * * * Outagamie County ............................................................................................................................................................... * * * * 4/30/2021 Type Attainment/Unclassifiable. * 1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any 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 This date is April 9, 2018, unless otherwise noted. 3 Includes Indian country of the tribe listed in this table located in Forest County, Wisconsin. Information pertaining to areas of Indian country in this table is intended for Clean Air Act planning purposes only and is not an EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to establish Indian country land status, and is making no determination of Indian country boundaries, in this table. * * * * * [FR Doc. 2021–07574 Filed 4–13–21; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2021–0003; Internal Agency Docket No. FEMA–8675] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:45 Apr 13, 2021 Jkt 253001 management measures prior to the effective suspension date given in this rule, the suspension will not occur. Information identifying the current participation status of a community can be obtained from FEMA’s CSB available at www.fema.gov/flood-insurance/workwith-nfip/community-status-book. Please note that per Revisions to Publication Requirements for Community Eligibility Status Information Under the National Flood Insurance Program, notices such as this one for scheduled suspension will no longer be published in the Federal Register as of June 2021 but will be available at National Flood Insurance Community Status and Public Notification | FEMA.gov. Individuals without internet access will be able to contact their local floodplain management official and/or State NFIP Coordinating Office directly for assistance. The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Adrienne L. DATES: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Sheldon, PE, CFM, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, (202) 674–1087. Details regarding updated publication requirements of community eligibility status information under the NFIP can be found on the CSB section at www.fema.gov. The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives, new and substantially improved construction, and development in general from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with NFIP regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date listed in the third column. As of that date, flood SUPPLEMENTARY INFORMATION: E:\FR\FM\14APR1.SGM 14APR1

Agencies

[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Rules and Regulations]
[Pages 19576-19580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07574]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2020-0037; FRL-10022-22-OAR]


Air Quality Designations for the 2010 Sulfur Dioxide (SO2) 
Primary National Ambient Air Quality Standard--Round 4--Supplemental 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is withdrawing the 
initial nonattainment designation for portions of the Outagamie County, 
Wisconsin, area for the 2010 sulfur dioxide (SO2) primary 
National Ambient Air Quality Standard (NAAQS) and is finalizing a 
designation of attainment/unclassifiable for the area. The EPA 
Administrator signed an action on December 21, 2020, to designate 
certain areas in the United States (U.S.) for the 2010 SO2 
NAAQS, including the Outagamie County area. This action supplements the 
EPA's December 2020 designations, published in the Federal Register of 
March 26, 2021, which have not yet taken effect.

DATES: This final rule is effective on April 30, 2021.

ADDRESSES: The EPA has established a docket for this action at https://regulations.gov under Docket ID No. EPA-HQ-OAR-2020-0037. 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.
    Out of an abundance of caution for members of the public and our 
staff, the EPA Docket Center and Reading Room are currently closed to 
the public, with limited exceptions, to reduce the risk of transmitting 
COVID-19. The Docket Center staff will continue to provide remote 
customer service via email, phone, and webform. For further information 
on EPA Docket Center services and the current status, please visit us 
online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this 
action, please contact Andrew Leith, U.S. Environmental Protection 
Agency, Office of Air Quality Planning and Standards, Air Quality 
Policy Division, 109 T.W. Alexander Drive, Mail Code C539-04, Research 
Triangle Park, NC 27711, telephone (919) 541-1069, email address: 
[email protected]. For questions regarding the specific area in this 
action, please contact Alisa Liu, U.S. Environmental Protection Agency 
Region 5, Control Strategies Section, Air Programs Branch (AR-18J), 77 
West Jackson Boulevard, Chicago, IL 60604; telephone: (312) 353-3193; 
email address: [email protected].
    Most EPA offices are closed to reduce the risk of transmitting 
COVID-19, but staff remain available via telephone and email. The EPA 
encourages the public to review information related to the Round 4 2010 
SO2 NAAQS designations online at https://www.epa.gov/sulfur-dioxide-designations and also in the public docket at https://www.regulations.gov under Docket ID No. EPA-HQ-OAR-2020-0037.

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 2018-2020 Data
IV. Effective Date of This Action
V. Comments Received Regarding EPA's Round 4 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. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Government
    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
AQS Air Quality System
CAA Clean Air Act
CFR Code of Federal Regulations
DC District of Columbia
DRR Data Requirements Rule
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
ppb Parts per billion
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SO2 Sulfur Dioxide
TAR Tribal Authority Rule
UMRA Unfunded Mandate Reform Act of 1995
U.S. United States

II. What is the purpose of this supplemental action?

    The EPA was under a December 31, 2020, court-ordered deadline to 
designate all remaining areas for the 2010 SO2 NAAQS 
(``Round 4''). On December 21, 2020, the EPA Administrator signed a 
final action to designate 44 areas in accordance with section 107(d) of 
the Clean Air Act (CAA).\1\ Nine areas were designated as

[[Page 19577]]

nonattainment; two areas were designated as unclassifiable; and 33 
areas were designated as attainment/unclassifiable. 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.
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    \1\ The Round 4 2010 SO2 NAAQS designations action 
was signed by the EPA Administrator, Andrew Wheeler, on December 21, 
2020, pursuant to a court-ordered deadline of December 31, 2020. 
That document with the original signature and date is maintained by 
the EPA. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, Acting 
Administrator Jane Nishida re-signed the same action on March 10, 
2021, for publication (86 FR 16055, March 26, 2021). The 
administrative process in no way alters the legal effect of the 
action upon publication in the Federal Register.
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    The purpose of this supplemental action is to withdraw the 
SO2 designation for one area that the EPA designated as 
nonattainment in the December 2020 action and designate that area as 
attainment/unclassifiable. The EPA indicated in that action that if any 
state submitted complete, quality-assured, certified 2020 data to the 
appropriate EPA Regional office supporting a change of the designation 
status for any Round 4 area within that state, and the EPA agreed that 
a change of designation status was appropriate, the EPA would withdraw 
the December 21, 2020, designation for the area and issue another 
designation that reflects the analysis of such information.
    The EPA received such 2020 air quality information from the state 
of Wisconsin on January 13, 2021, and this information is available in 
the docket for this action. Based on our evaluation of the 2020 
monitoring data, in this supplemental action the EPA is changing its 
December 21, 2020, nonattainment designation for portions of Outagamie 
County, Wisconsin to attainment/unclassifiable. The portions of 
Outagamie County affected by this change cover Outagamie County except 
Oneida Township (which includes Oneida Reservation), Oneida Off-
Reservation Trust Land, and noncontiguous portions of Seymour Township 
adjoining Oneida Nation Tribal Lands.\2\
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    \2\ In the December 2020 action, the EPA designated Oneida 
Township (which includes the Oneida Reservation), Oneida Off-
Reservation Trust Land, and the noncontiguous portions of Seymour 
Township adjoining Oneida Nation Tribal Lands as attainment/
unclassifiable. See the EPA's intended designations technical 
support document for Wisconsin at https://www.epa.gov/sites/production/files/2020-08/documents/11-wi-rd4_intended_so2_designations_tsd.pdf.
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    The December 21, 2020, 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 and area boundary based on the weight of 
evidence for each area, which are hereby incorporated by reference into 
this supplement of that action. Modification to the December 21, 2020, 
designation for this area does not represent a ``redesignation'' 
because this change is a withdrawal of that initial designation prior 
to its effective date and is an issuance of a new initial designation. 
The EPA is making this change to reflect the most recent 3 years of 
complete, quality-assured, and certified data (i.e., 2018-2020) that 
have become available prior to the April 30, 2021, effective date of 
the December 21, 2020, action.

III. Designation Decision Based on 2018-2020 Data

    In a May 1, 2020, letter, which the state later modified on July 
17, 2020, the Wisconsin Department of Natural Resources (WDNR) 
recommended that the EPA designate Outagamie County, Wisconsin as 
nonattainment for the 2010 SO2 NAAQS. On August 13, 2020, 
consistent with section 107(d)(1)(b)(ii) of the CAA, the EPA notified 
Wisconsin that it intended to designate portions of Outagamie County, 
Wisconsin as nonattainment based on the most recent 3 years (2017-
2019), at that time, of complete, quality-assured, certified data from 
a monitor (Air Quality System (AQS) Site ID #55-087-0015) indicating a 
violation of the 2010 SO2 NAAQS with a design value of 77 
parts per billion (ppb).\3\ The EPA explained in its December 2020 
Responses to Comments on the intended designations (see pp. 26-27) that 
if the Kaukauna SO2 monitor produced a valid attaining 
design value for the 2018-2020 period, and Wisconsin submitted the 
certified data to the EPA prior to February 15, 2021, then the EPA 
would withdraw the nonattainment designation announced in the December 
2020 action and change the initial designation of the Outagamie County 
area to attainment/unclassifiable.\4\
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    \3\ The 2010 1-hour SO2 NAAQS is 75 ppb, based on the 
3-year average of the 99th percentile of the annual distribution of 
daily maximum 1-hour average concentrations. See 40 CFR 50.17.
    \4\ Response to Comments on EPA's Intended Designations for the 
2010 Sulfur Dioxide Primary National Ambient Air Quality Standard 
(NAAQS)--Round 4, December 2020. Available at https://www.epa.gov/sites/production/files/2020-12/documents/rd4_so2_designations_responses_to_comments_final_v2.pdf.
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    On January 13, 2021, the WDNR submitted complete, quality-assured, 
and certified SO2 air quality monitoring data from the 
Kaukauna monitor for calendar year 2020 to the EPA.\5\ Additionally, 
WDNR requested that the EPA use the most recently available data to 
change the designation of Outagamie County, Wisconsin from 
nonattainment to attainment/unclassifiable prior to the April 30, 2021 
effective date of the December 2020 action.
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    \5\ The docket for this action includes WDNR's AMP600 and 
AMP450NC Data Certification Reports dated January 7, 2021, and 
Letter dated January 13, 2021, and the EPA's Concurrence dated 
January 19, 2021.
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    The Kaukauna monitor is located 1.53 kilometers north northeast of 
the Ahlstrom-Munksj[ouml] NA Specialty Solutions, LLC--Kaukauna 
facility. The monitor was sited to characterize the maximum 1-hour 
SO2 concentration in the area surrounding the facility. 
Based on the ambient monitoring data certified by WDNR in the EPA's 
AQS, the annual 99th percentiles for the daily maximum 1-hour 
SO2 concentrations are 107.8 ppb for 2018, 32.3 ppb 2019, 
and 66.7 ppb for 2020. Data collected at this monitor show a valid, 
attaining 1-hour SO2 design value of 69 ppb based on 
complete, certified 2018-2020 data. The design value was calculated 
according to the data handling procedures in 40 CFR part 50, Appendix 
T, and is valid for comparison to the NAAQS.
    Based on complete, quality-assured and certified air quality 
monitoring data from 2020 submitted by WDNR, showing attainment of the 
1-hour SO2 primary NAAQS in the area, the EPA is changing 
the initial designation for this area. As noted in Section II of this 
notice, the EPA provided a process in the December 2020 action for 
considering 2020 air quality data if such data supported a change to 
the initial designation for an area. Pursuant to this process, the EPA 
is withdrawing the initial nonattainment designation for portions of 
Outagamie County, Wisconsin, and the EPA is changing the initial 
designation of these portions of Outagamie County to attainment/
unclassifiable, thereby designating the entirety of Outagamie County as 
attainment/unclassifiable. Procedurally, this change in the initial 
designation is consistent with the EPA's early data certification and 
evaluation process, as described previously in this document and in the 
December 2020 action. The table at the end of this document (amendment 
to 40 CFR 81.350) lists the only area for which the EPA is changing the 
initial designation.

IV. Effective Date of This Action

    The effective date of designation of the area addressed in this 
action is April 30, 2021, the same effective date as the December 21, 
2020, final designations action. 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

[[Page 19578]]

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 this action, and instead make the effective date 
30 days after publication, there would be confusion regarding the 
appropriate designation for the affected area in Wisconsin, 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 April 30, 2021, because 
it is in the public interest to avoid the potential delay and waste of 
resources associated with allowing the designations in the December 21, 
2020, 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 Regarding the EPA's Round 4 Designations

    During the 120-day notification period for the fourth round of 
designations, WDNR submitted comments, observing that SO2 
concentrations at the Kaukauna monitor have decreased since 2018. WDNR 
predicted that the 2018-2020 design value would be below the 2010 
SO2 NAAQS based on more recent data through September 2020 
and suggested that this would potentially make finalization of a 
nonattainment designation unnecessary. If final quality assured data 
from the Kaukauna monitor at the end of 2020 showed a 2018-2020 design 
value that meets the 2010 1-hour SO2 NAAQS, WDNR stated that 
it intended to early certify the 2020 data and request that the EPA 
change the initial designation for Outagamie County. The EPA did not 
receive any other comments regarding the Outagamie County, Wisconsin 
area during the 30-day public comment period.

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.

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. 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.

C. 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).

D. 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.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the state, on the relationship between 
the national government and the state, or on the distribution of power 
and responsibilities among the various levels of government. The 
division of responsibility between the federal government and the state 
for purposes of implementing the NAAQS is established under the CAA.

F. 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 establishes the 
designations for certain areas of the country for the 2010 
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. In 2011, the EPA also sent individualized letters 
to all federally recognized tribes to explain the designation process 
for the 2010 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 Round 1 designations for the 
SO2 standard and offered tribal leaders the opportunity for

[[Page 19579]]

consultation.\6\ These communications provided opportunities for tribes 
to voice concerns to the EPA about the general designations process for 
the 2010 SO2 NAAQS, as well as concerns specific to a tribe, 
and informed the EPA about key tribal concerns regarding designations 
as the designations process was under development and through its 
implementation up to that point. For the second, third, and fourth 
rounds 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.
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    \6\ These communication letters to the tribes are provided in 
the dockets for Round 1 (Docket ID No. EPA-HQ-OAR-2012-0233), Round 
2 (Docket ID NO. EPA-HQ-OAR-2014-0464), and Round 3 (Docket ID NO. 
EPA-HQ-OAR-2017-0003).
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G. 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.

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 rulemaking does not involve technical standards.

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

    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 action, 
``Environmental Justice Concerns.''

K. 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).

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.'' For locally or regionally 
applicable final actions, the CAA reserves to the EPA complete 
discretion whether to invoke the exception in (ii).
    To the extent a court finds this action locally or regionally 
applicable, the Administrator is exercising the complete discretion 
afforded to him under the CAA to make and publish a finding that this 
action is based on a determination of ``nationwide scope or effect'' 
within the meaning of CAA section 307(b)(1).\7\ As explained in this 
document, this final action withdrawing the designation and 
promulgating a new initial designation of one area for the 2010 
SO2 primary NAAQS supplements the nationally applicable 
December 2020 final action taken by the EPA to issue a fourth round of 
designations for areas across the U.S., located in 21 states, nine EPA 
regions, and 10 federal judicial circuits, for the 2010 SO2 
primary NAAQS.\8\ The December 21, 2020, signed action and this 
supplemental action, replacing the initial designation of one area in 
the December 21, 2020, signed action prior to the effective date of 
that action, are promulgated pursuant to a common, nationwide 
analytical method and interpretation of CAA section 107(d). In other 
words, this supplemental action applies the same uniform, nationwide 
analytical method and interpretation of CAA section 107(d) applied 
across the country in the December 2020 final action, including the 
EPA's nationwide analytical approach to and technical analysis of 
evaluating monitoring data and air quality modeling within 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. Both the supplemental action and the December 21, 2020, 
action are based on this same common core of determinations regarding 
the nationwide analytical method and interpretation of CAA section 
107(d), and the Administrator previously made and published a finding 
in the December 2020 final action that such action is based on a 
determination of ``nationwide scope or effect'' within the meaning of 
CAA section 307(b)(1).\9\ More specifically, this final action is based 
on a determination by the EPA to evaluate areas nationwide under a 
common five factor analysis in determining whether areas are in 
violation of the 2010 SO2 NAAQS, as follows: 1. Air quality 
characterization via ambient monitoring and/or dispersion modeling 
results; 2. emissions-related data; 3. meteorology; 4. geography and 
topography; and 5. jurisdictional boundaries.\10\
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    \7\ In deciding whether to invoke the exception by making and 
publishing a finding that this final action is based on a 
determination of nationwide scope or effect, the Administrator has 
also taken into account a number of policy considerations, including 
his judgment balancing the benefit of obtaining the D.C. Circuit's 
authoritative centralized review versus allowing development of the 
issue in other contexts and the best use of agency resources.
    \8\ The rulemaking docket, EPA-HQ-OAR-2020-0037, is the same 
docket for both the December 21, 2020, signed action and for this 
supplemental action, with the relevant difference being that in 
addition to the materials it contained regarding this Wisconsin area 
generated through December 21, 2020--the date that action was signed 
by the Administrator--it now also contains the supplemental 
information submitted by Wisconsin related to this area.
    \9\ In the report on the 1977 Amendments that revised section 
307(b)(1) of the CAA, Congress noted that the Administrator's 
determination that the ``nationwide scope or effect'' exception 
applies would be appropriate for any action that has a scope or 
effect beyond a single judicial circuit. See H.R. Rep. No. 95-294 at 
323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03.
    \10\ See ``Area Designations for the 2010 Primary Sulfur Dioxide 
National Ambient Air Quality Standard--Round 4,'' memorandum to 
Regional Air Division Directors, Regions 1-10, from Peter 
Tsirigotis, dated September 5, 2019, available at https://www.epa.gov/sites/production/files/2019-09/documents/round_4_so2_designations_memo_09-05-2019_final.pdf.
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    For these reasons, the Administrator is exercising the complete 
discretion afforded to him by the CAA and hereby finds that this final 
action is based on a determination of nationwide scope or effect for 
purposes of CAA section 307(b)(1) and is hereby publishing that finding 
in the Federal Register.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the District of

[[Page 19580]]

Columbia Circuit within 60 days from the date this final action is 
published in the Federal Register. Filing a petition for 
reconsideration by the Administrator of this final action does not 
affect the finality of the action for the purposes of judicial review, 
nor does it extend the time within which a petition for judicial review 
must be filed, and shall not postpone the effectiveness of such rule or 
action.

List of Subjects in 40 CFR Part 81

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

Michael S. Regan,
Administrator.

    For the reasons set forth in the preamble, the EPA amends 40 CFR 
part 81 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. In Sec.  81.350, the table titled ``Wisconsin--2010 Sulfur Dioxide 
NAAQS [Primary]'' is amended by removing the entry for ``Outagamie 
County (part)'', and removing the entry for ``Outagamie County 
(remainder)'' and adding an entry for ``Outagamie County'' in its 
place.
    The addition reads as follows:


Sec.  81.350   Wisconsin.

* * * * *

                                       Wisconsin-2010 Sulfur Dioxide NAAQS
                                                    [Primary]
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                                                                           Designation
              Designated area \1\               ----------------------------------------------------------------
                                                  Date \2\                           Type
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                                                    * * * * *
Outagamie County...............................   4/30/2021  Attainment/Unclassifiable.
 
                                                   * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any 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\ This date is April 9, 2018, unless otherwise noted.
\3\ Includes Indian country of the tribe listed in this table located in Forest County, Wisconsin. Information
  pertaining to areas of Indian country in this table is intended for Clean Air Act planning purposes only and
  is not an EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority
  to establish Indian country land status, and is making no determination of Indian country boundaries, in this
  table.

* * * * *
[FR Doc. 2021-07574 Filed 4-13-21; 8:45 am]
BILLING CODE 6560-50-P
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