[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Rules and Regulations]
[Pages 47191-47205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18835]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2012-0233; FRL 9841-4]
RIN 2060-AR18


Air Quality Designations for the 2010 Sulfur Dioxide (SO[bdi2]) 
Primary National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule establishes air quality designations for certain 
areas in the United States for the 2010 primary Sulfur Dioxide 
(SO2) National Ambient Air Quality Standard (NAAQS). The EPA 
is issuing this rule to identify areas that, based on recorded air 
quality monitoring data showing violations of the NAAQS, do not meet 
the 2010 SO2 NAAQS and areas that contribute to 
SO2 air pollution in a nearby area that does not meet the 
SO2 NAAQS. At this time, the EPA is designating as 
nonattainment most areas in locations where existing monitoring data 
from 2009-2011 indicate violations of the 1-hour SO2 
standard. The EPA intends to address in separate future actions the 
designations for all other areas for which the agency is not yet 
prepared to issue designations and that are consequently not addressed 
in this final rule. The Clean Air Act (CAA) directs areas designated 
nonattainment by this rule to undertake certain planning and pollution 
control

[[Page 47192]]

activities to attain the NAAQS as expeditiously as practicable.

DATES: Effective Date: The effective date of this rule is October 4, 
2013.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2012-0233. All documents in the docket are 
listed in the www.regulations.gov index. Although listed in the index, 
some information is not publicly available, i.e., 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 www.regulations.gov or in hard copy at the EPA Docket 
Center, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744 and the telephone number for the 
Air Docket is (202) 566-1742.
    In addition, the EPA has established a Web site for this rulemaking 
at: http://www.epa.gov/so2designations. The Web site includes the EPA's 
final SO2 designations, as well as state and tribal initial 
recommendation letters, the EPA's modification letters, technical 
support documents, responses to comments and other related technical 
information.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this 
action, please contact Rhonda Wright, U.S. EPA, Office of Air Quality 
Planning and Standards, Air Quality Planning Division, C539-04, 
Research Triangle Park, NC 27711, telephone (919) 541-1087, email at 
[email protected].

SUPPLEMENTARY INFORMATION:
    Regional Office Contacts:
    Region I--Donald Dahl (617) 918-1657,
    Region II--Kenneth Fradkin (212) 637-3702,
    Region III--Ruth Knapp (215) 814-2191,
    Region IV--Lynorae Benjamin (404) 562-9040,
    Region V--John Summerhays (312) 886-6067,
    Region VI--Dayana Medina (214) 665-7241,
    Region VII--Larry Gonzalez (913) 551-7041,
    Region VIII--Crystal Ostigaard (303) 312-6602,
    Region IX--John Kelly (415) 947-4151, and
    Region X--Steve Body (206) 553-0782.
    The public may inspect the rule and state-specific technical 
support information at the following locations:

------------------------------------------------------------------------
            Regional offices                          States
------------------------------------------------------------------------
Dave Conroy, Chief, Air Programs         Connecticut, Maine,
 Branch, EPA New England, 1 Congress      Massachusetts, New Hampshire,
 Street, Suite 1100, Boston, MA 02114-    Rhode Island and Vermont.
 2023, (617) 918-1661.
Richard Ruvo, Chief, Air Planning        New Jersey, New York, Puerto
 Section, EPA Region II, 290 Broadway,    Rico and Virgin Islands.
 25th Floor, New York, NY 10007-1866,
 (212) 637-4014.
Cristina Fernandez, Associate Director,  Delaware, District of Columbia,
 Office of Air Program Planning, EPA      Maryland, Pennsylvania,
 Region III, 1650 Arch Street,            Virginia and West Virginia.
 Philadelphia, PA 19103-2187, (215) 814-
 2178.
R. Scott Davis, Chief, Air Planning      Alabama, Florida, Georgia,
 Branch, EPA Region IV, Sam Nunn          Kentucky, Mississippi, North
 Atlanta Federal Center, 61 Forsyth       Carolina, South Carolina and
 Street, SW, 12th Floor, Atlanta, GA      Tennessee.
 30303, (404) 562-9127.
John Mooney, Chief, Air Programs         Illinois, Indiana, Michigan,
 Branch, EPA Region V, 77 West Jackson    Minnesota, Ohio and Wisconsin.
 Street, Chicago, IL 60604, (312) 886-
 6043.
Guy Donaldson, Chief, Air Planning       Arkansas, Louisiana, New
 Section, EPA Region VI, 1445 Ross        Mexico, Oklahoma and Texas.
 Avenue, Dallas, TX 75202, (214) 665-
 7242.
Joshua A. Tapp, Chief, Air Programs      Iowa, Kansas, Missouri and
 Branch, EPA Region VII, 11201 Renner     Nebraska.
 Blvd., Lenexa, KS 66129, (913) 551-
 7606.
Gail Fallon, Acting Unit Chief, Air      Colorado, Montana, North
 Quality Planning Unit, EPA Region        Dakota, South Dakota, Utah and
 VIII, 1595 Wynkoop Street, Denver, CO    Wyoming.
 80202-1129, (303) 312-6281.
Doris Lo, Air Planning Office, EPA       American Samoa, Arizona,
 Region IX, 75 Hawthorne Street, San      California, Guam, Hawaii,
 Francisco, CA 94105, (415) 972-3959.     Nevada and Northern Mariana
                                          Islands.
Debra Suzuki, Manager, State and Tribal  Alaska, Idaho, Oregon and
 Air Programs, EPA Region X, Office of    Washington.
 Air, Waste, and Toxics, Mail Code OAQ-
 107, 1200 Sixth Avenue, Seattle, WA
 98101, (206) 553-0985.
------------------------------------------------------------------------

Table of Contents

    The following is an outline of the Preamble.

I. Preamble Glossary of Terms and Acronyms
II. What is the purpose of this document?
III. What is sulfur dioxide?
IV. What is the 2010 SO2 NAAQS and what are the health 
concerns that it addresses?
V. What are the CAA requirements for air quality designations and 
what action has the EPA taken to meet these requirements?
VI. What guidance did the EPA issue and how did the EPA apply the 
statutory requirements and applicable guidance to determine area 
designations and boundaries?
VII. What air quality data has the EPA used?
VIII. How do designations affect Indian Country?
IX. Where can I find information forming the basis for this rule and 
exchanges between the EPA, states and tribes related to this rule?
X. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act
    L. Judicial Review

[[Page 47193]]

I. Preamble Glossary of Terms and Acronyms

    The following are abbreviations of terms used in the preamble.

APA Administrative Procedure Act
CAA Clean Air Act
CFR Code of Federal Regulations
DC District of Columbia
EO Executive Order
EPA Environmental Protection Agency
FR Federal Register
NAAQS National Ambient Air Quality Standards
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
SO2 Sulfur Dioxide
SOX Sulfur Oxides
RFA Regulatory Flexibility Act
SIP State Implementation Plan
UMRA Unfunded Mandate Reform Act of 1995
TAR Tribal Authority Rule
TSD Technical Support Document
U.S. United States
VCS Voluntary Consensus Standards

II. What is the purpose of this document?

    The purpose of this action is to announce and promulgate 
designations and boundaries for certain areas of the country not 
meeting the 2010 SO2 NAAQS based on available information, 
in accordance with the requirements of the CAA. The initial list of 
areas being designated nonattainment in each state and the boundaries 
of each area appear in the tables within the regulatory text.
    This notice identifies the 29 initial areas being designated as 
nonattainment areas for the 2010 SO2 NAAQS. The basis for 
designating each area as ``nonattainment'' is monitored air quality 
data from calendar years 2009-2011 indicating a violation of the NAAQS 
in the area. For these areas being designated nonattainment, the CAA 
directs states to develop State Implementation Plans (SIPs) that meet 
the requirements of sections 172(c) and 191-192 of the CAA and provide 
for attainment of the NAAQS as expeditiously as practicable, but no 
later than October 4, 2018. The CAA directs states to submit these SIPs 
to the EPA within 18 months of the effective date of these 
designations, i.e., by April 6, 2015.

III. What is sulfur dioxide?

    SO2 is one of a group of highly reactive gasses known as 
``oxides of sulfur'' (SOX). The largest sources of 
SO2 emissions are from fossil fuel combustion at power 
plants (73 percent) and other industrial facilities (20 percent). 
Smaller sources of SO2 emissions include industrial 
processes, such as extracting metal from ore, and the burning of high 
sulfur containing fuels by locomotives, large ships and non-road 
equipment. SO2 is linked with a number of adverse effects on 
the respiratory system.

IV. What is the 2010 SO2 NAAQS and what are the health 
concerns that it addresses?

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

    \1\ See Fact Sheet Revisions to the Primary National Ambient Air 
Quality Standard, Monitoring Network, and Data Reporting 
Requirements for Sulfur Dioxide at http://www.epa.gov/airquality/sulfurdioxide/pdfs/20100602fs.pdf.
---------------------------------------------------------------------------

V. What are the CAA requirements for air quality designations and what 
action has the EPA taken to meet these requirements?

    After the promulgation of a new or revised NAAQS, the EPA is 
required to designate areas as ``nonattainment,'' ``attainment,'' or 
``unclassifiable,'' pursuant to section 107(d)(1) of the CAA.
    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in section 107(d) of the CAA. The CAA 
requires the EPA to complete the initial designations process within 2 
years of promulgating a new or revised standard. If the Administrator 
has insufficient information to make these designations by that 
deadline, the EPA has the authority to extend the deadline for 
completing designations by up to 1 year. On July 27, 2012, the EPA 
announced that it had insufficient information to complete the 
designations for the 1-hour SO2 standard within 2 years and 
extended the designations deadline to June 3, 2013.
    At this time, the EPA is initially designating as nonattainment 
most areas in locations where existing monitoring data from 2009-2011 
indicate violations of the 1-hour SO2 standard. In some 
cases, we have had to use data from a different three-year period or 
are still evaluating whether data from 2009-2011 are influenced by 
exceptional events. In separate future actions, the EPA intends to 
address the designations for all other areas for which the agency is 
not yet prepared to issue designations and that are consequently not 
addressed in this final rule. With input from a diverse group of 
stakeholders, the EPA has developed a comprehensive implementation 
strategy for the future SO2 designations actions that 
focuses resources on identifying and addressing unhealthy levels of 
SO2 in areas where people are most likely to be exposed to 
violations of the standard. For

[[Page 47194]]

informational purposes, the strategy is available at: http://www.epa.gov/airquality/sulfurdioxide/implement.html. The EPA plans to 
continue to work closely with state, tribal and local air quality 
management agencies to ensure health-protective, commonsense 
implementation of the 1-hour SO2 NAAQS.
    By not later than 1 year after the promulgation of a new or revised 
NAAQS, CAA section 107(d)(1)(A) provides that each state governor is 
required to recommend air quality designations, including the 
appropriate boundaries for areas, to the EPA. The EPA reviews those 
state recommendations and is authorized to make any modifications the 
Administrator deems necessary. The statute does not define the term 
``necessary,'' but the EPA interprets this to authorize the 
Administrator to modify designations that did not meet the statutory 
requirements or were otherwise inconsistent with the facts or analysis 
deemed appropriate by the EPA. If the EPA is considering modifications 
to a state's initial recommendation, the EPA is required to notify the 
state of any such intended modifications to its recommendation not less 
than 120 days prior to the EPA's promulgation of the final designation. 
During this period of no less than 120 days, if the state does not 
agree with the EPA's modification, it has an opportunity to respond to 
the EPA and to demonstrate why it believes the modification proposed by 
the EPA is inappropriate, as contemplated by section 107(d)(1)(B)(ii). 
Even if a state fails to provide any recommendation for an area, in 
whole or in part, the EPA still must promulgate a designation that the 
Administrator deems appropriate, pursuant to section 107(d)(1)(B)(ii).
    Section 107(d)(1)(A)(i) of the CAA defines a nonattainment area as 
any area that does not meet an ambient air quality standard or that is 
contributing to ambient air quality in a nearby area that does not meet 
the standard. If an area meets either prong of this definition, then 
the EPA is obligated to designate the area as ``nonattainment.''
    The EPA believes that section 107(d) provides the agency with 
discretion to determine how best to interpret the terms in the 
definition of a nonattainment area (e.g., ``contributes to'' and 
``nearby'') for a new or revised NAAQS, given considerations such as 
the nature of a specific pollutant, the types of sources that may 
contribute to violations, the form of the standards for the pollutant, 
and other relevant information. In particular, the EPA believes that 
the statute does not require the agency to establish bright line tests 
or thresholds for what constitutes ``contribution'' or ``nearby'' for 
purposes of designations.\2\
---------------------------------------------------------------------------

    \2\ This view was confirmed in Catawba County v. EPA, 571 F.3d 
20 (DC Cir. 2009).
---------------------------------------------------------------------------

    Similarly, the EPA believes that the statute permits the EPA to 
evaluate the appropriate application of the term ``area'' to include 
geographic areas based upon full or partial county boundaries, and 
contiguous or non-contiguous areas, as may be appropriate for a 
particular NAAQS. For example, section 107(d)(1)(B)(ii) explicitly 
provides that the EPA can make modifications to designation 
recommendations for an area ``or portions thereof,'' and under section 
107(d)(1)(B)(iv) a designation remains in effect for an area ``or 
portion thereof'' until the EPA redesignates it.
    Designation activities for federally-recognized tribal governments 
are covered under the authority of section 301(d) of the CAA. This 
provision of the CAA authorizes the EPA to treat eligible tribes in a 
similar manner as states. Pursuant to section 301(d)(2), the EPA 
promulgated regulations, known as the Tribal Authority Rule (TAR), on 
February 12, 1999. 63 FR 7254, codified at 40 CFR part 49. That rule 
specifies those provisions of the CAA for which it is appropriate to 
treat tribes in a similar manner as states. Under the TAR, tribes may 
choose to develop and implement their own CAA programs, but are not 
required to do so. The TAR also establishes procedures and criteria by 
which tribes may request from the EPA a determination of eligibility 
for such treatment. The designations process contained in section 
107(d) of the CAA is included among those provisions determined to be 
appropriate by the EPA for treatment of tribes in the same manner as 
states. Under the TAR, tribes generally are not subject to the same 
submission schedules imposed by the CAA on states. As authorized by the 
TAR, tribes may seek eligibility to submit designation recommendations 
to the EPA. In addition, CAA section 301(d)(4) gives the EPA 
discretionary authority, in cases where it determines that treatment of 
tribes as identical to states is ``inappropriate or administratively 
infeasible,'' to provide for direct administration by regulation to 
achieve the appropriate purpose.
    To date, six tribes have applied under the TAR for eligibility to 
submit its own recommendations under section 107(d). Nonetheless, the 
EPA invited all tribes to submit recommendations concerning 
designations for the 2010 SO2 NAAQS. The EPA worked with the 
tribes that requested an opportunity to submit designation 
recommendations. Tribes were provided an opportunity to submit their 
own recommendations and supporting documentation and could also comment 
on state recommendations and the EPA modifications.
    Designation recommendations and supporting documentation were 
submitted by most states and several tribes to the EPA by June 3, 2011. 
After receiving these recommendations, and after reviewing and 
evaluating each recommendation, the EPA provided a response to the 
states and tribes on February 7, 2013.\3\ In these letter responses, we 
indicated whether the EPA intended to make modifications to the initial 
state or tribal recommendations and explained the EPA's reasons for 
making any such modifications. For the majority of the areas, the EPA 
agreed with the state's recommended boundary. The EPA requested that 
states and tribes respond to any proposed EPA modifications by April 8, 
2013. The EPA received comments from some states suggesting changes to 
the EPA's proposed modifications and providing additional information. 
The EPA evaluated these comments, and all of the timely supporting 
technical information provided. As a result, and based on that input 
and analysis, some of the final designations reflect further 
modifications to the initial state recommendations. The state and 
tribal letters, including the initial recommendations, the EPA's 
February 2013 responses to those letters, any modifications, and the 
subsequent state comment letters, are in the docket for this action.
---------------------------------------------------------------------------

    \3\ As indicated in the February 2013 letters, the EPA is not 
yet prepared to designate any areas in Indian country. The EPA 
intends to address the designations for these areas in separate 
future actions.
---------------------------------------------------------------------------

    Although not required by section 107(d) of the CAA, the EPA also 
provided an opportunity for members of the public to comment on the 
EPA's February 2013 response letters. In order to gather additional 
information for the EPA to consider before making final designations, 
the EPA published a notice on February 15, 2013 (78 FR 1124) which 
invited the public to comment on the EPA's intended designations. In 
the notice, the EPA stated that public comments must be received on or 
before March 18, 2013. The EPA received several requests from 
stakeholders for additional time to prepare their comments. Some of the 
requesters noted that the original 30-day comment period was 
insufficient time to

[[Page 47195]]

review the EPA's responses to states' and tribes' recommended 
designations and to compile meaningful responses due to the complexity 
of the issues impacting certain areas. Taking that into consideration, 
the EPA extended the public comment period to April 8, 2013. State and 
tribal initial recommendations and the EPA's responses, including 
modifications, were posted on a publically accessible Web site (http://www.epa.gov/so2designations). Timely comments from the public and the 
EPA's responses to significant comments are in the docket for this 
action.

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

    In the notice of proposed rulemaking for the revised SO2 
NAAQS (74 FR 64810; December 8, 2009), the EPA issued proposed guidance 
on its approach to implementing the standard, including its approach to 
initial area designations. The EPA solicited comment on that guidance 
and, in the notice of final rulemaking (75 FR 35520; June 22, 2010), 
provided further guidance concerning implementation of the standard and 
how to identify nonattainment areas and boundaries for the 
SO2 NAAQS. Subsequently, on March 24, 2011, the EPA provided 
additional designations guidance to assist states with making their 
recommendations for area designations and boundaries.\4\ In that 
guidance, the EPA recommended that monitoring data from the most recent 
three consecutive years be used to identify a violation of the 
SO2 NAAQS. This is appropriate because the form of the 
SO2 NAAQS is calculated as a 3-year average of the 99th 
percentile of the yearly distribution of 1-hour daily maximum 
SO2 concentrations (specifically the most recent 3 
consecutive years).\5\ The EPA is basing these initial final 
designations on monitored SO2 concentrations from Federal 
Reference Method and Federal Equivalent Method monitors that are sited 
and operated in accordance with 40 CFR Parts 50 and 58. The EPA notes 
that data from 2008-2010 were the most recent data available to states 
and tribes when they made their recommendations to the EPA in June 
2011. Accordingly, although the determination of whether an area 
violates the standard was based on 2009-2011 data, the EPA considered 
state recommendations and data from 2008-2010, as appropriate, in 
determining boundaries for nonattainment areas.
---------------------------------------------------------------------------

    \4\ See, ``Area Designations for the 2010 Revised Primary Sulfur 
Dioxide National Ambient Air Quality Standards,'' memorandum to 
Regional Air Division Directors, Regions I-X, from Stephen D. Page, 
dated March 24, 2011.
    \5\ This notice refers to monitoring data for ``calendar years 
2009-2011'' which includes data from January 2009 through December 
2011.
---------------------------------------------------------------------------

    In the guidance, the EPA stated that the perimeter of a county 
containing a violating monitor would be the initial presumptive 
boundary for nonattainment areas, but also stated that the state, tribe 
and/or the EPA could conduct additional area-specific analyses that 
could justify establishing either a larger or smaller area. The EPA 
indicated that the following factors should be considered in an 
analysis of whether to exclude portions of a county and whether to 
include additional nearby areas outside the county as part of the 
designated nonattainment area: (1) Air quality data; (2) emissions-
related data; (3) meteorology; (4) geography/topography; and (5) 
jurisdictional boundaries, as well as other available data. States and 
tribes may identify and evaluate other relevant factors or 
circumstances specific to a particular area.
    Most states and several tribes submitted their designations 
recommendations in June 2011. In each case, the EPA reviewed the state 
recommendations and, where appropriate, the EPA accepted the state's 
recommendations. However, where the EPA determined that changes were 
necessary to a state's initial recommendation, we conveyed those 
preliminary determinations to the state in February 2013, and have 
worked with states to further review appropriate boundaries.

VII. What air quality data has the EPA used?

    The final SO2 designations contained in this action are 
based upon violations of the NAAQS determined by air quality monitoring 
data from calendar years 2009-2011, except where it was necessary or 
appropriate to use a different three-year period. The form of the 
standard requires a calculation of monitoring values from 3 consecutive 
years. The 1-hour primary standard is violated at an ambient air 
quality monitoring site when the 3-year average of the annual 99th 
percentile of the daily maximum 1-hour average concentrations exceeds 
75 ppb, as determined in accordance with appendix T of 40 CFR part 50. 
For comparison to the level of the standard, ambient air quality shall 
be measured by a reference method based on appendix A or A-1, or by a 
Federal Equivalent Method designated in accordance with 40 CFR part 53.

VIII. How do designations affect Indian Country?

    All counties, partial counties or Air Quality Control Regions 
listed in the tables within the regulatory text are designated as 
indicated. For the first round of SO2 designations, the EPA 
is only designating certain nonattainment areas shown to be violating 
the NAAQS based on monitored data. There are no areas in Indian Country 
being designated nonattainment at this time. All remaining areas, 
including areas of Indian Country, for which the EPA is not yet 
prepared to issue final designations will be addressed in a subsequent 
round of designations.

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

    Information providing the basis for this action are provided in 
several technical support documents (TSDs), a response to comments 
document (RTC) and other information in the docket. The TSDs, RTC, 
applicable EPA's guidance memoranda, copies of correspondence regarding 
this process between the EPA and the states, tribes and other parties, 
are available for review at the EPA Docket Center listed above in the 
ADDRESSES section of this document and on the agency's SO2 
Designations Web site at http://www.epa.gov/so2designations. Area-
specific questions can be addressed to the EPA Regional Offices.

X. Statutory and Executive Order Reviews

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

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

    This action responds to the CAA requirement to promulgate air 
quality designations after promulgation of a new or revised NAAQS. This 
type of action is exempt from review under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (67 FR 3821, January 21, 2011).

[[Page 47196]]

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This action responds to the 
requirement to promulgate air quality designations after promulgation 
of a new or revised NAAQS. This requirement is prescribed in the CAA 
section 107 of title 1. This action does not establish any new 
information collection apart from that already required by law.

C. Regulatory Flexibility Act

    This final rule is not subject to the Regulatory Flexibility Act 
(RFA), which generally requires an agency to prepare a regulatory 
flexibility analysis for any rule that will have a significant economic 
impact on a substantial number of small entities. The RFA applies only 
to rules subject to notice-and-comment rulemaking requirements under 
the Administrative Procedure Act (APA) or any other statute. This 
action is not subject to notice-and-comment requirements under the APA 
or any other statute because the action is not subject to the APA. CAA 
section 107(d)(2)(B) does not require the EPA to issue a notice of 
proposed rulemaking before issuing this final action.

D. Unfunded Mandates Reform Act

    This action contains no federal mandate under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local or tribal governments or the private sector. 
The action imposes no enforceable duty on any state, local or tribal 
governments or the private sector. Therefore, this action is not 
subject to the requirements of sections 202 and 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. It does not create 
any additional requirements beyond those of the CAA and SO2 
NAAQS (40 CFR 50.17); therefore, no UMRA analysis is needed. This 
action establishes nonattainment designations for certain areas of the 
country for the 2010 SO2 NAAQS. The CAA requires states to 
develop plans, including control measures, based on the designations 
for areas within the state.
    The EPA believes that any new controls imposed as a result of this 
action will not cost in the aggregate $100 million or more annually. 
Thus, this federal action will not impose mandates that will require 
expenditures of $100 million or more in the aggregate in any 1 year.

E. Executive Order 13132: Federalism

    This final action does not have federalism implications. It will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The CAA establishes the process 
whereby states take primary responsibility in developing plans to meet 
the SO2 NAAQS in areas designated nonattainment by this 
action. This action will not modify the relationship of the states and 
the EPA for purposes of developing programs to attain and maintain the 
SO2 NAAQS. Thus, Executive Order 13132 does not apply to 
this action.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action 
concerns the designation of certain areas as nonattainment for the 2010 
SO2 NAAQS, but no areas of Indian Country are being 
designated by this action. Because this action does not have tribal 
implications, Executive Order 13175 does not apply.
    Although Executive Order 13175 does not apply to this rule, the EPA 
communicated with tribal leaders and environmental staff regarding the 
designations process. 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 designations for the SO2 standards 
and offered tribal leaders the opportunity for consultation. These 
communications provided opportunities for tribes to voice concerns to 
the EPA about the general designations process for the 2010 
SO2 NAAQS, as well as concerns specific to a tribe, and 
informed the EPA about key tribal concerns regarding designations as 
the rule was under development.

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

    The action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not an economically significant 
regulatory action as defined in Executive Order 12866. While not 
subject to the Executive Order, this final action may be especially 
important for asthmatics, including asthmatic children, living in 
SO2 nonattainment areas because respiratory effects in 
asthmatics are among the most sensitive health endpoints for 
SO2 exposure. Because asthmatic children are considered a 
sensitive population, the EPA evaluated the potential health effects of 
exposure to SO2 pollution among asthmatic children as part 
of the EPA's prior action establishing the 2010 SO2 NAAQS. 
These effects and the size of the population affected are summarized in 
the EPA's final SO2 NAAQS rules. See http://www.epa.gov/ttn/naaqs/standards/so2/fr/20100622.pdf.

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

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA of 1995, Public Law 104-113, section 
12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary consensus 
standards (VCS) in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impracticable. VCS are 
technical standards (e.g., materials specifications, test methods, 
sampling procedures and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs the EPA to provide Congress, 
through OMB, explanations when the agency decides not to use available 
and applicable VCS.
    This action does not involve technical standards. Therefore, the 
EPA did not consider the use of any VCS.

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

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs

[[Page 47197]]

federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies and 
activities on minority populations and low-income populations in the 
U.S.
    The CAA requires that the EPA designate as nonattainment ``any area 
that does not meet (or that contributes to ambient air quality in a 
nearby area that does not meet) the national primary or secondary 
ambient air quality standard for the pollutant.'' By designating as 
nonattainment areas where available information indicate a violation of 
the 2010 SO2 NAAQS or a contribution to a nearby violation, 
this action protects all those residing, working, attending school, or 
otherwise present in those areas regardless of minority or economic 
status.
    The EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
U.S. The EPA will submit a report containing this action and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the U.S. prior to 
publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective October 4, 2013.

L. Judicial Review

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

List of Subjects in 40 CFR Part 81

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

    Dated: July 25, 2013.
Gina McCarthy,
EPA 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


Sec.  81.301  [Amended]

0
2. Section 81.301 is amended by revising the table heading for 
``Alabama--Sulfur Dioxide'' to read ``Alabama--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.302  [Amended]


0
3. Section 81.302 is amended by revising the table heading for 
``Alaska--SO2'' to read ``Alaska--1971 Sulfur Dioxide NAAQS 
(Primary and Secondary)''.


0
4. Section 81.303 is amended as follows:
0
a. By revising the table heading for ``Arizona--SO2'' to 
read ``Arizona--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; 
and
0
b. By adding a new table entitled ``Arizona--2010 Sulfur Dioxide NAAQS 
(Primary)'' following the newly designated table ``Arizona--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.303  Arizona.

* * * * *

              Arizona--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
Hayden, AZ \1\.................      10-4-13  Nonattainment.
    Gila County (part)
        The portions of Gila
         County that are
         bounded by: T4S, R14E;
         T4S, R15E; T4S, R16E;
         T5S, R15E; T5S, R16E
    Pinal County (part)

[[Page 47198]]

 
        The portions of Pinal
         County that are
         bounded by: T4S, R14E;
         T4S, R15E; T4S, R16E;
         T5S, R14E; T5S, R15E;
         T5S, R16E; T6S, R14E;
         T6S, R15E; T6S, R16E
Miami, AZ \1\..................      10-4-13  Nonattainment.
    Gila County (part)
        The portions of Gila
         County that are
         bounded by: T2N, R14E;
         T2N, R15E; T1N, R13E;
         T1N, R14E; T1N, R15E;
         T1S, R14E; T1S, R14 1/
         2E; T1S, R15E
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *


Sec.  81.304  [Amended]


0
5. Section 81.304 is amended by revising the table heading for 
``Arkansas--SO2'' to read ``Arkansas--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.305  [Amended]


0
6. Section 81.305 is amended by revising the table heading for 
``California--SO2'' to read ``California--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)''.


Sec.  81.306  [Amended]


0
7. Section 81.306 is amended by revising the table heading for 
``Colorado--SO2'' to read ``Colorado--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.307  [Amended]


0
8. Section 81.307 is amended by revising the table heading for 
``Connecticut--SO2'' to read ``Connecticut--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)''.


Sec.  81.308  [Amended]


0
9. Section 81.308 is amended by revising the table heading for 
``Delaware--SO2'' to read ``Delaware--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.309  [Amended]


0
10. Section 81.309 is amended by revising the table heading for 
``District of Columbia--SO2'' to read ``District of 
Columbia--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''.


0
11. Section 81.310 is amended as follows:
0
a. By revising the table heading for ``Florida--SO2'' to 
read ``Florida--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; 
and
0
b. By adding a new table entitled ``Florida--2010 Sulfur Dioxide NAAQS 
(Primary)'' following the newly designated table ``Florida--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.310  Florida.

* * * * *

              Florida--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
Hillsborough County, FL \1\....      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) 35881, 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
Nassau County, FL \1\..........      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
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *

Sec.  81.311  [Amended]

0
12. Section 81.311 is amended by revising the table heading for 
``Georgia--SO2'' to read ``Georgia--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.312  [Amended]


0
13. Section 81.312 is amended by revising the table heading for 
``Hawaii--SO2'' to read ``Hawaii--1971 Sulfur Dioxide NAAQS 
(Primary and Secondary)''.


Sec.  81.313  [Amended]


0
14. Section 81.313 is amended by revising the table heading for 
``Idaho--SO2'' to read ``Idaho--1971 Sulfur Dioxide NAAQS 
(Primary and Secondary)''.


0
15. Section 81.314 is amended as follows:
0
a. By revising the table heading for ``Illinois--SO2'' to 
read ``Illinois--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; 
and
0
b. By adding a new table entitled ``Illinois--2010 Sulfur Dioxide NAAQS

[[Page 47199]]

(Primary)'' following the newly designated table ``Illinois--1971 
Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.314  Illinois.

* * * * *

              Illinois--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
Lemont, IL \1\.................      10-4-13  Nonattainment.
    Cook County (part)
        Lemont Township
    Will County (part)
        DuPage Township and
         Lockport Township
Pekin, IL \1\..................      10-4-13  Nonattainment.
    Tazewell County (part)
        Cincinnati Township and
         Pekin Township
    Peoria County (part)
        Hollis Township
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *

0
16. Section 81.315 is amended as follows:
0
a. By revising the table heading for ``Indiana--SO2'' to 
read ``Indiana--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; 
and
0
b. By adding a new table entitled ``Indiana--2010 Sulfur Dioxide NAAQS 
(Primary)'' following the newly designated table ``Indiana--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

              Indiana--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
Indianapolis, IN \1\...........      10-4-13  Nonattainment.
    Marion County (part)
        Wayne Township, Center
         Township, Perry
         Township
Morgan County, IN \1\..........      10-4-13  Nonattainment.
    Morgan County (part)
        Clay Township,
         Washington Township
Southwest Indiana, IN \1\......      10-4-13  Nonattainment.
    Daviess County (part)
        Veale Township
    Pike County (part)
        Washington Township
Terre Haute, IN \1\............      10-4-13  Nonattainment.
    Vigo County (part)
        Fayette Township,
         Harrison Township
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *

0
17. Section 81.316 is amended as follows:
0
a. By revising the table heading for ``Iowa--SO2'' to read 
``Iowa--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; and
0
b. By adding a new table entitled ``Iowa--2010 Sulfur Dioxide NAAQS 
(Primary)'' following the newly designated table ``Iowa--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.316  Iowa.

* * * * *

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


[[Page 47200]]

* * * * *


Sec.  81.317  [Amended]


0
18. Section 81.317 is amended by revising the table heading for 
``Kansas--SO2'' to read ``Kansas--1971 Sulfur Dioxide NAAQS 
(Primary and Secondary)''.


0
19. Section 81.318 is amended as follows:
0
a. By revising the table heading for ``Kentucky--SO2'' to 
read ``Kentucky--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; 
and
0
b. By adding a new table entitled ``Kentucky--2010 Sulfur Dioxide NAAQS 
(Primary)'' following the newly designated table ``Kentucky--1971 
Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.318  Kentucky.

* * * * *

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

* * * * *

0
20. Section 81.319 is amended as follows:
0
a. By revising the table heading for ``Louisiana--SO2'' to 
read ``Louisiana--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; 
and
0
b. By adding a new table entitled ``Louisiana--2010 Sulfur Dioxide 
NAAQS (Primary)'' following the newly designated table ``Louisiana--
1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.319  Louisiana.

* * * * *

             Louisiana--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
St. Bernard Parish, LA \1\.....      10-4-13  Nonattainment.
    St. Bernard Parish
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *


Sec.  81.320  [Amended]

0
21. Section 81.320 is amended by revising the table heading for 
``Maine--SO2'' to read ``Maine--1971 Sulfur Dioxide NAAQS 
(Primary and Secondary)''.


Sec.  81.321  [Amended]


0
22. Section 81.321 is amended by revising the table heading for 
``Maryland--SO2'' to read ``Maryland--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.322  [Amended]


0
23. Section 81.322 is amended by revising the table heading for 
``Massachusetts--SO2'' to read ``Massachusetts--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)''.


0
24. Section 81.323 is amended as follows:

[[Page 47201]]

0
a. By revising the table heading for ``Michigan--SO2'' to 
read ``Michigan--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; 
and
0
b. By adding a new table entitled ``Michigan--2010 Sulfur Dioxide NAAQS 
(Primary)'' following the newly designated table ``Michigan--1971 
Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.323  Michigan.

* * * * *

              Michigan--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
Detroit, MI \1\ Wayne County         10-4-13  Nonattainment.
 (part).
    The area bounded on the
     east by the Michigan-
     Ontario border, on the
     south by the Wayne County-
     Monroe County border, on
     the west by Interstate 75
     north to Southfield Road,
     Southfield Road to
     Interstate 94, and
     Interstate 94 north to
     Michigan Avenue, and on
     the north by Michigan
     Avenue to Woodward Avenue
     and a line on Woodward
     Avenue extended to the
     Michigan-Ontario border
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *


Sec.  81.324  [Amended]


0
25. Section 81.324 is amended by revising the table heading for 
``Minnesota--SO2'' to read ``Minnesota--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.

Sec.  81.325  [Amended]

0
26. Section 81.325 is amended by revising the table heading for 
``Mississippi--SO2'' to read ``Mississippi--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)''.


0
27. Section 81.326 is amended as follows:
0
a. By revising the table heading for ``Missouri--SO2'' to 
read ``Missouri--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; 
and
0
b. By adding a new table entitled ``Missouri--2010 Sulfur Dioxide NAAQS 
(Primary)'' following the newly designated table ``Missouri--1971 
Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.326  Missouri.

* * * * *

              Missouri--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
Jackson County, MO \1\ Jackson       10-4-13  Nonattainment.
 County (part).
    The portion of Jackson
     County bounded by I-70/I-
     670 and the Missouri River
     to the north; and, to the
     west of I-435 to the state
     line separating Missouri
     and Kansas
Jefferson County, MO \1\             10-4-13  Nonattainment.
 Jefferson County (part).
    That portion within
     Jefferson County described
     by connecting the
     following four sets of UTM
     coordinates moving in a
     clockwise manner:
        (Herculaneum USGS
         Quadrangle)
        718360.283 4250477.056.
        729301.869 4250718.415.
        729704.134 4236840.30..
        718762.547 4236558.715.
        (Festus USGS
         Quadrangle)
        718762.547 4236558.715.
        729704.134 4236840.30..
        730066.171 4223042.637.
        719124.585 4222680.6...
        (Selma USGS Quadrangle)
        729704.134 4236840.30..
        730428.209 4236840.3...
        741047.984 4223283.996.
        730066.171 4223042.637.
        (Valmeyer USGS
         Quadrangle)
        729301.869 4250718.415.
        731474.096 4250798.868.
        730428.209 4236840.3...
        729704.134 4236840.30 .
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *

0
28. Section 81.327 is amended as follows:
0
a. By revising the table heading for ``Montana--SO2'' to 
read ``Montana--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; 
and
0
b. By adding a new table entitled ``Montana--2010 Sulfur Dioxide NAAQS 
(Primary)'' following the newly designated table ``Montana--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.327  Montana.

* * * * *

[[Page 47202]]



              Montana--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
Billings, MT \1\
    Yellowstone County (part)..      10-4-13  Nonattainment.
        The area originates at
         the point defined as
         the southwest corner
         of Section 11,
         Township 1S, Range
         26E. From that point
         the boundary proceeds
         north along the
         western section line
         of Section 11 to the
         point of intersection
         with the midline of
         Interstate Highway 90.
         From that point the
         boundary follows the
         midline of Interstate
         Highway 90, across the
         Yellowstone River, to
         the point where the
         highway midline
         intersects the
         northern boundary of
         Section 35, Township
         1N, Range 26E. From
         that point the
         boundary proceeds east
         along the northern
         section line of
         Sections 35 and 36 to
         the point where Old US
         87/Hardin Road leaves
         the section line and
         turns southeast. The
         boundary follows the
         midline of Old US 87/
         Hardin Road southeast
         to the point where the
         road intersects the
         western boundary of
         the SE [frac14] of the
         SE [frac14] of Section
         31, Township 1N, Range
         27E. From that point
         the boundary proceeds
         south along the
         [frac14] section line
         to the southern
         boundary of Township
         1N, then east to the
         northeast corner of
         Section 5, Township
         1S, Range 27E. The
         boundary then proceeds
         south along the
         eastern section line
         of sections 5 and 8 to
         the southeast corner
         of Section 8, Township
         1S, Range 27E, where
         it turns west and
         follows the south
         section line of
         Sections 8 and 7,
         Township 1S, Range
         27E; and Sections 12
         and 11, Township 1S,
         Range 26E, back to the
         point of origin
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *


Sec.  81.328  [Amended]

0
29. Section 81.328 is amended by revising the table heading for 
``Nebraska--SO2'' to read ``Nebraska--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.

0
30. Section 81.329 is amended by revising the table heading for 
``Nevada--SO2'' to read ``Nevada--1971 Sulfur Dioxide NAAQS 
(Primary and Secondary)''.

0
31. Section 81.330 is amended as follows:
0
a. By revising the table heading for ``New Hampshire--SO2'' 
to read ``New Hampshire--1971 Sulfur Dioxide NAAQS (Primary and 
Secondary)''; and
0
b. By adding a new table entitled ``New Hampshire--2010 Sulfur Dioxide 
NAAQS (Primary)'' following the newly designated table ``New 
Hampshire--1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read 
as follows:


Sec.  81.330  New Hampshire.

* * * * *

           New Hampshire--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
Central New Hampshire, NH \1\
    Hillsborough County (part).      10-4-13  Nonattainment.
        Goffstown Town
    Merrimack County (part)
        Allenstown Town, Bow
         Town, Chichester Town,
         Dunbarton Town, Epsom
         Town, Hooksett Town,
         Loudon Town, Pembroke
         Town, Pittsfield Town,
         City of Concord
    Rockingham County (part)
        Candia Town, Deerfield
         Town, Northwood Town
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *


Sec.  81.331  [Amended]

0
32. Section 81.331 is amended by revising the table heading for ``New 
Jersey--SO2'' to read ``New Jersey--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.332  [Amended]

0
33. Section 81.332 is amended by revising the table heading for ``New 
Mexico--SO2'' to read ``New Mexico--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.333  [Amended]

0
34. Section 81.333 is amended by revising the table heading for ``New 
York--SO2'' to read ``New York--1971 Sulfur Dioxide NAAQS 
(Primary and Secondary)''.


Sec.  81.334  [Amended]

0
35. Section 81.334 is amended by revising the table heading for ``North 
Carolina--SO2'' to read ``North Carolina--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)''.


Sec.  81.335  [Amended]

0
36. Section 81.335 is amended by revising the table heading for ``North 
Dakota--SO2'' to read ``North Dakota--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.

0
37. Section 81.336 is amended as follows:
0
a. By revising the table heading for ``Ohio--SO2'' to read 
``Ohio--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; and
0
b. By adding a new table entitled ``Ohio--2010 Sulfur Dioxide NAAQS 
(Primary)'' following the newly designated table ``Ohio--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.336  Ohio.

* * * * *

[[Page 47203]]



                Ohio--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
Campbell-Clermont Counties, KY-
 OH \1\
    Clermont County (part).....      10-4-13  Nonattainment.
Lake County, OH \1\
    Lake County................      10-4-13  Nonattainment.
    Muskingum River, OH \1\....      10-4-13  Nonattainment.
        Morgan County (part)
        Center Township
        Washington County
         (part)
        Waterford Township
Steubenville OH-WV\1\
    Jefferson County (part)....      10-4-13  Nonattainment.
        Cross Creek Township,
         Steubenville Township,
         Warren Township, Wells
         Township, Steubenville
         City
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *


Sec.  81.337  [Amended]

0
38. Section 81.337 is amended by revising the table heading for 
``Oklahoma--SO2'' to read ``Oklahoma--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.338  [Amended]

0
39. Section 81.338 is amended by revising the table heading for 
``Oregon--SO2'' to read ``Oregon--1971 Sulfur Dioxide NAAQS 
(Primary and Secondary)''.

0
40. Section 81.339 is amended as follows:
0
a. By revising the table heading for ``Pennsylvania--SO2'' 
to read ``Pennsylvania--1971 Sulfur Dioxide NAAQS (Primary and 
Secondary)''; and
0
b. By adding a new table entitled ``Pennsylvania--2010 Sulfur Dioxide 
NAAQS (Primary)'' following the newly designated table ``Pennsylvania--
1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.339  Pennsylvania.

* * * * *

            Pennsylvania--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
Allegheny, PA \1\
    Allegheny County (part)....      10-4-13  Nonattainment.
        The area consisting of:
        Borough of Braddock....
        Borough of Dravosburg..
        Borough of East
         McKeesport.
        Borough of East
         Pittsburgh.
        Borough of Elizabeth...
        Borough of Glassport...
        Borough of Jefferson
         Hills.
        Borough of Liberty.....
        Borough of Lincoln.....
        Borough of North
         Braddock.
        Borough of Pleasant
         Hills.
        Borough of Port Vue....
        Borough of Versailles..
        Borough of Wall........
        Borough of West
         Elizabeth.
        Borough of West Mifflin
        City of Clairton.......
        City of Duquesne.......
        City of McKeesport.....
        Elizabeth Township.....
        Forward Township.......
        North Versailles
         Township.
Beaver, PA \1\
    Beaver County (part).......      10-4-13  Nonattainment.
        Area consisting of
         Industry Borough,
         Shippingport Borough,
         Midland Borough,
         Brighton Township,
         Potter Township and
         Vanport Township
Indiana, PA\1\.................      10-4-13  Nonattainment.
    Indiana County
        Armstrong County (part)
            Area consisting of
             Plumcreek
             Township, South
             Bend Township, and
             Elderton Borough
Warren, PA \1\

[[Page 47204]]

 
    Warren County (part).......      10-4-13  Nonattainment
        Area consisting of
         Conewango Township,
         Glade Township,
         Pleasant Township, and
         the City of Warren
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *


Sec.  81.340  [Amended]

0
41. Section 81.340 is amended by revising the table heading for ``Rhode 
Island--SO2'' to read ``Rhode Island--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.341  [Amended]

0
42. Section 81.341 is amended by revising the table heading for ``South 
Carolina--SO2'' to read ``South Carolina--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)''.


Sec.  81.342  [Amended]

0
43. Section 81.342 is amended by revising the table heading for ``South 
Dakota--SO2'' to read ``South Dakota--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.

0
44. Section 81.343 is amended as follows:
0
a. By revising the table heading for ``Tennessee--SO2'' to 
read ``Tennessee--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; 
and
0
b. By adding a new table entitled ``Tennessee--2010 Sulfur Dioxide 
NAAQS (Primary)'' following the newly designated table ``Tennessee--
1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.343  Tennessee.

* * * * *

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

* * * * *


Sec.  81.344  [Amended]

0
45. Section 81.344 is amended by revising the table heading for 
``Texas--SO2'' to read ``Texas--1971 Sulfur Dioxide NAAQS 
(Primary and Secondary)''.


Sec.  81.345  [Amended]

0
46. Section 81.345 is amended by revising the table heading for 
``Utah--SO2'' to read ``Utah--1971 Sulfur Dioxide NAAQS 
(Primary and Secondary)''.


Sec.  81.346  [Amended]

0
47. Section 81.346 is amended by revising the table heading for 
``Vermont--SO2'' to read ``Vermont--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.347  [Amended]

0
48. Section 81.347 is amended by revising the table heading for 
``Virginia--SO2'' to read ``Virginia--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.348  [Amended]

0
49. Section 81.348 is amended by revising the table heading for 
``Washington--SO2'' to read ``Washington--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)''.

0
50. Section 81.349 is amended as follows:
0
a. By revising the table heading for ``West Virginia--SO2'' 
to read ``West Virginia--1971 Sulfur Dioxide NAAQS (Primary and 
Secondary)''; and
0
b. By adding a new table entitled ``West Virginia--2010 Sulfur Dioxide 
NAAQS (Primary)'' following the newly designated table ``West 
Virginia--1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read 
as follows:


Sec.  81.349  West Virginia.

* * * * *

           West Virginia--2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
                                               Designation
        Designated area         ----------------------------------------
                                     Date                Type
------------------------------------------------------------------------
Steubenville, OH-WV \1\
    Brooke County (part).......      10-4-13  Nonattainment.
        Area bounded by the
         Cross Creek Tax
         District
Marshall, WV \1\
    Marshall County (part).....      10-4-13  Nonattainment.
        Area consisting of Clay
         Tax district, Franklin
         Tax District, and
         Washington Tax
         District
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.


[[Page 47205]]

* * * * *

0
51. Section 81.350 is amended as follows:
0
a. By revising the table heading for ``Wisconsin--SO2'' to 
read ``Wisconsin--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''; 
and
0
b. By adding a new table entitled ``Wisconsin--2010 Sulfur Dioxide 
NAAQS (Primary)'' following the newly designated table ``Wisconsin--
1971 Sulfur Dioxide NAAQS (Primary and Secondary)'' to read as follows:


Sec.  81.350  Wisconsin.

* * * * *

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

* * * * *


Sec.  81.351  [Amended]

0
52. Section 81.351 is amended by revising the table heading for 
``Wyoming--SO2'' to read ``Wyoming--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)''.


Sec.  81.352  [Amended]

0
53. Section 81.352 is amended by revising the table heading for 
``American Samoa--SO2'' to read ``American Samoa--1971 
Sulfur Dioxide NAAQS (Primary and Secondary)''.


Sec.  81.353  [Amended]

0
54. Section 81.353 is amended by revising the table heading for 
``Guam--SO2'' to read ``Guam--1971 Sulfur Dioxide NAAQS 
(Primary and Secondary)''.


Sec.  81.354  [Amended]

0
55. Section 81.354 is amended by revising the table heading for 
``Northern Mariana Islands--SO2'' to read ``Northern Mariana 
Islands--1971 Sulfur Dioxide NAAQS (Primary and Secondary)''.


Sec.  81.355  [Amended]

0
56. Section 81.355 is amended by revising the table heading for 
``Puerto Rico--SO2'' to read ``Puerto Rico--1971 Sulfur 
Dioxide NAAQS (Primary and Secondary)''.


Sec.  81.356  [Amended]

0
57. Section 81.356 is amended by revising the table heading for 
``Virgin Islands--SO2'' to read ``Virgin Islands--1971 
Sulfur Dioxide NAAQS (Primary and Secondary)''.

[FR Doc. 2013-18835 Filed 8-2-13; 8:45 am]
BILLING CODE 6560-50-P