[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89870-89876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29561]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2014-0464; FRL-9956-10-OAR]


Air Quality Designations for the 2010 Sulfur Dioxide 
(SO2) Primary National Ambient Air Quality Standard--
Supplement to Round 2 for Four Areas in Texas: Freestone and Anderson 
Counties, Milam County, Rusk and Panola Counties, and Titus County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule establishes the initial air quality designations for 
four areas in Texas for the 2010 primary sulfur dioxide 
(SO2) National Ambient Air Quality Standard (NAAQS). The 
Environmental Protection Agency (EPA) is designating three of the areas 
as nonattainment because they do not meet the NAAQS. One area is being 
designated unclassifiable because it cannot be classified on the basis 
of available information as meeting or not meeting the NAAQS. The 
designations are based on the weight of evidence for each area, 
including available air quality monitoring data and air quality 
modeling. For the areas designated nonattainment by this rule, the 
Clean Air Act (CAA) directs the state of Texas to undertake certain 
planning and pollution control activities to attain the SO2 
NAAQS as expeditiously as practicable. This action is a supplement to 
the final rule addressing the second round of area designations for the 
2010 SO2 NAAQS, which the EPA Administrator signed on June 
30, 2016.

DATES: The effective date of this rule is January 12, 2017.

ADDRESSES: The EPA has established a docket for the second round of 
designations, including this supplemental action, under Docket ID No. 
EPA-HQ-OAR-2014-0464. All documents in the docket are listed in the 
http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available electronically 
in http://www.regulations.gov.
    In addition, the EPA has established a Web site for the 2010 
SO2 NAAQS designations rulemakings at: https://

[[Page 89871]]

www.epa.gov/sulfur-dioxide-designations. The Web site includes the 
EPA's final SO2 designations, as well as state and tribal 
initial recommendation letters, the EPA's letters announcing 
modifications to those recommendations, technical support documents, 
responses to comments and other related technical information.

FOR FURTHER INFORMATION CONTACT:  For general questions concerning this 
supplemental action, please contact Liz Etchells, U.S. EPA, Office of 
Air Quality Planning and Standards, Air Quality Planning Division, 
C539-04, Research Triangle Park, NC 27711, telephone (919) 541-0253, 
email at [email protected].

SUPPLEMENTARY INFORMATION: 
    U.S. EPA Regional Office Contacts: Region VI--Jim Grady, telephone 
(214) 665-6745, email at [email protected].
    The public may inspect the rule and area-specific technical support 
information at the following location: Air Planning Section, EPA Region 
VI, 1445 Ross Avenue, Dallas, TX 75202.

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. What is the 2010 SO2 NAAQS and what are the health 
concerns that it addresses?
IV. What are the CAA requirements for air quality designations and 
what action has the EPA taken to meet these requirements?
V. What guidance did the EPA issue and how did the EPA apply the 
statutory requirements and applicable guidance to determine area 
designations and boundaries?
VI. What air quality information has the EPA used for these 
designations?
VII. How do the designations supplementing the Round 2 designations 
affect Indian country?
VIII. Where can I find information forming the basis for this action 
and exchanges between the EPA, states and tribes related to this 
action?
IX. Environmental Justice Concerns
X. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (URMA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)
    L. Judicial Review

I. Preamble Glossary of Terms and Acronyms

    The following are abbreviations of terms used in the preamble.

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

II. What is the purpose of this supplemental action?

    The purpose of this final action is to announce and promulgate 
initial air quality designations for four areas in Texas for the 2010 
primary SO2 NAAQS, in accordance with the requirements of 
the CAA. The EPA is designating three of these areas as nonattainment, 
and one area as unclassifiable. As discussed in Section IV of this 
document, the EPA is designating areas for the 2010 SO2 
NAAQS in multiple rounds under a court-ordered schedule pursuant to a 
consent decree. The EPA completed the first round of SO2 
designations in an action signed by the Administrator on July 25, 2013 
(78 FR 47191; August 5, 2013). In that action, the EPA designated 29 
areas in 16 states as nonattainment, based on air quality monitoring 
data.
    The court order required the EPA Administrator to sign a notice 
designating areas in a second round that contained sources meeting 
certain criteria no later than July 2, 2016. See Sierra Club and NRDC 
v. McCarthy, No. 3:13-cv-3953-SI (N.D. Cal.) (March 2, 2015). The four 
areas in Texas covered by this action met those criteria, and the EPA 
responded to state recommendations for Round 2 designations, including 
Texas' recommendations for these four areas, on February 11, 2016 
(Letter from Ron Curry, EPA Region 6 Administrator, to Governor of 
Texas, Honorable Greg Abbott). In the second round of SO2 
designations signed on June 30, 2016, the EPA designated 61 areas in 24 
states (including eight other areas in Texas): four nonattainment 
areas, 41 unclassifiable/attainment areas and 16 unclassifiable areas 
(81 FR 45039; July 12, 2016). However, by a series of stipulations of 
the parties in Sierra Club and NRDC v. McCarthy and orders of the 
Court, the deadline to promulgate designations was extended to November 
29, 2016, for the four areas in Texas that are the subject of this 
supplemental action. This action to designate four Texas areas further 
discharges the EPA's duty to issue the second round of SO2 
designations, and uses the same administrative record as supported by 
the action signed on June 30, 2016, that addressed eight other Texas 
areas and other areas in the United States, as supplemented by 
additional materials further addressing these four Texas areas.
    In this supplementary designation action, the list of areas being 
designated in Texas and the boundaries of each area appear in the 
tables within the regulatory text at the end of this notice. These 
designations are based on the EPA's technical assessment of and 
conclusions regarding the weight of evidence for each area, including 
but not limited to available air quality monitoring data or air quality 
modeling. With respect to air quality monitoring data, the EPA 
considered data from the most recent calendar years 2012-2015. In the 
modeling runs conducted by industry and members of the public, the air 
quality impacts of the actual emissions for the 3-year periods 2012-
2014 or 2013-2015 were assessed.
    For the areas being designated nonattainment, the CAA directs 
states to develop and submit to the EPA State Implementation Plans 
within 18 months of the effective date of this final rule that meet the 
requirements of sections 172(c) and 191-192 of the CAA and provide for 
attainment of the NAAQS as expeditiously as practicable, but not later 
than 5 years from the effective date of this final rule. We also note 
that under the EPA's SO2 Data Requirements Rule in 40 CFR 
part 51, subpart BB (80 FR 51052; August 21, 2015), the EPA expects to 
receive additional air quality characterization for the one area in 
Milam County, Texas, designated unclassifiable in this action, and the 
agency will consider such data, as appropriate, in future actions.

[[Page 89872]]

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

    The Administrator signed a final rule revising the primary 
SO2 NAAQS on June 2, 2010. The rule was published in the 
Federal Register on June 22, 2010 (75 FR 35520) and became effective on 
August 23, 2010. Based on the Administrator's review of the air quality 
criteria for oxides of sulfur and the primary NAAQS for oxides of 
sulfur as measured by SO2, the EPA revised the primary 
SO2 NAAQS to provide requisite protection of public health 
with an adequate margin of safety. Specifically, the EPA established a 
new 1-hour SO2 standard at a level of 75 parts per billion 
(ppb), which is met at an ambient air quality monitoring site when the 
3-year average of the annual 99th percentile of 1-hour daily maximum 
concentrations is less than or equal to 75 ppb, as determined in 
accordance with Appendix T of 40 CFR part 50. 40 CFR 50.17(a)-(b). The 
EPA also established provisions to revoke both the existing 24-hour and 
annual primary SO2 standards, subject to certain conditions. 
40 CFR 50.4(e).
    Additional information regarding the current scientific evidence on 
the health impacts of short-term exposures to SO2 is 
provided in the Federal Register notice containing the final rule for 
the second round of SO2 designations for other areas that 
was signed on June 30, 2016. See 81 FR 45041.

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

    After the EPA promulgates a new or revised NAAQS, the EPA is 
required to designate all areas of the country as either 
``nonattainment,'' ``attainment,'' or ``unclassifiable,'' for that 
NAAQS pursuant to section 107(d)(1) of the CAA. Section 107(d)(1)(A)(i) 
of the CAA defines a nonattainment area as ``any area that does not 
meet (or that contributes to ambient air quality in a nearby area that 
does not meet) the national primary or secondary ambient air quality 
standard for the pollutant.'' If an area meets either prong of this 
definition, then the EPA is obligated to designate the area as 
``nonattainment.'' This provision also defines an attainment area as 
any area other than a nonattainment area that meets the NAAQS and an 
unclassifiable area as any area that cannot be classified on the basis 
of available information as meeting or not meeting the NAAQS.
    Additional information regarding the process for designating areas 
following promulgation of a new or revised NAAQS pursuant to section 
107(d) of the CAA and how the EPA is applying this process to the 
designation of areas under the 2010 SO2 NAAQS is provided in 
the final rule addressing the second round of SO2 
designations for other areas signed on June 30, 2016. See 81 FR 45041. 
For this supplemental action, the EPA reiterates that CAA section 
107(d) provides the agency with discretion to determine how best to 
interpret the terms in the definition of a nonattainment area (e.g., 
``contributes to'' and ``nearby'') for a new or revised NAAQS, given 
considerations such as the nature of a specific pollutant, the types of 
sources that may contribute to violations, the form of the standards 
for the pollutant, and other relevant information. In particular, the 
EPA's position is that the statute does not require the agency to 
establish bright line tests or thresholds for what constitutes 
``contribution'' or ``nearby'' for purposes of designations.\1\
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    \1\ This view was confirmed in Catawba County v. EPA, 571 F.3d 
20 (D.C. Cir. 2009).
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    Similarly, the EPA's position is that the statute permits the EPA 
to evaluate the appropriate application of the term ``area'' to include 
geographic areas based upon full or partial county boundaries, as may 
be appropriate for a particular NAAQS. For example, CAA section 
107(d)(1)(B)(ii) explicitly provides that the EPA can make 
modifications to designation recommendations for an area ``or portions 
thereof,'' and under CAA section 107(d)(1)(B)(iv) a designation remains 
in effect for an area ``or portion thereof'' until the EPA redesignates 
it.
    As explained in more detail in the final rule addressing the second 
round of SO2 designations for other areas, the EPA completed 
the first round of SO2 designations for 29 areas on July 25, 
2013 (78 FR 47191), and intends to complete up to three more rounds of 
designations to address all remaining areas pursuant to a schedule 
contained in a consent decree and enforceable order entered by the U.S. 
District Court for the Northern District of California on March 2, 
2015. See 81 FR 45042.
    The court order specifies that in this second round of 
SO2 designations the EPA must designate two groups of areas: 
(1) Areas that have newly monitored violations of the 2010 
SO2 NAAQS and (2) areas that contain any stationary sources 
that had not been announced as of March 2, 2015, for retirement and 
that, according to the EPA's Air Markets Database, emitted in 2012 
either (i) more than 16,000 tons of SO2, or (ii) more than 
2,600 tons of SO2 with an annual average emission rate of at 
least 0.45 pounds of SO2 per one million British thermal 
units (lbs SO2/mmBTU).
    On March 20, 2015, the EPA sent letters to Governors notifying them 
of the schedule for completing the remaining designations for the 2010 
1-hour SO2 NAAQS. The EPA offered states, including Texas, 
the opportunity to submit updated recommendations and supporting 
information for the EPA to consider for the affected areas. The EPA 
also notified states that the agency had updated its March 24, 2011, 
SO2 designations guidance to support analysis of 
designations and boundaries for the next rounds of designations. All of 
the states, including Texas, with affected areas submitted updated 
designation recommendations.
    In a letter dated February 11, 2016, the EPA notified Texas of its 
intended designation of twelve Round 2 areas, including the four areas 
in Texas addressed in this final notice, as either nonattainment, 
unclassifiable/attainment, or unclassifiable for the SO2 
NAAQS. Texas then had the opportunity to demonstrate why they believed 
the EPA's intended modification of their updated recommendations may be 
inappropriate. Although not required, as the EPA had done for the first 
round of SO2 designations, the EPA also provided an 
opportunity for members of the public to comment on the EPA's February 
2016 response letters. The EPA published a notice of availability and 
public comment period for the intended designation on March 1, 2016 (81 
FR 10563). The public comment period closed on March 31, 2016. The 
updated recommendations, the EPA's February 2016 responses to those 
letters, any modifications, and the subsequent state and public comment 
letters, are in the docket for the Round 2 SO2 designations 
at Docket ID No. EPA-HQ-OAR-2014-0464 and are available on the 
SO2 designations Web site.
    Before taking final action, however, the parties to Sierra Club and 
NRDC v. McCarthy filed the first in a series of joint stipulations 
extending the deadline for these four areas in Texas, out to November 
29, 2016.\2\ In the final rule signed on June 30, 2016, the EPA 
promulgated designations for the Round 2 areas for which no extensions 
in the deadline had been obtained (including the eight other Texas 
areas) and explained the ongoing process for completing SO2 
designations for all

[[Page 89873]]

areas of the country by December 31, 2020 (see generally 81 FR 45042-
43).
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    \2\ The parties to Sierra Club and NRDC v. McCarthy also filed a 
joint stipulation extending the Round 2 designation deadline for the 
Muskogee County Area in Oklahoma out to December 31, 2016.
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    In these supplemental Round 2 designations, and consistent with the 
extended deadline under the consent decree, the EPA must designate the 
four areas in Texas associated with the following sources by November 
29, 2016: The Big Brown Steam Electric Station in the Freestone and 
Anderson Counties Area, the Sandow Power Station in the Milam County 
Area, the Martin Lake Electrical Station in the Rusk and Panola 
Counties Area, and the Monticello Steam Electric Station in the Titus 
County Area.

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

    Following entry of the March 2, 2015, court order, the EPA issued 
updated designations guidance through a March 20, 2015, memorandum from 
Stephen D. Page, Director, U.S. EPA, Office of Air Quality Planning and 
Standards, to Air Division Directors, U.S. EPA Regions 1-10 titled, 
``Updated Guidance for Area Designations for the 2010 Primary Sulfur 
Dioxide National Ambient Air Quality Standard.'' As explained in the 
final rule addressing the second round of SO2 designations 
for other areas signed on June 30, 2016, this guidance contains the 
factors the EPA intends to evaluate in determining the appropriate 
designations and associated boundaries for all remaining areas in the 
country, including: (1) Air quality characterization via ambient 
monitoring or dispersion modeling results; (2) emissions-related data; 
(3) meteorology; (4) geography and topography; and (5) jurisdictional 
boundaries. See 81 FR at 45043. Additional information regarding 
relevant guidance relied upon in designating the other second round 
areas and that is also used in this supplemental action is available in 
the previously issued final rule. See id.

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

    To inform designations for the SO2 NAAQS, air agencies 
have the flexibility to characterize air quality using either 
appropriately sited ambient air quality monitors or using modeling of 
actual or allowable source emissions. The EPA's non-binding Monitoring 
Technical Assistance Document (TAD) and Modeling TAD contain 
scientifically sound recommendations on how air agencies should conduct 
such monitoring or modeling. For the SO2 designations of the 
four Texas areas addressed in this supplemental action, the EPA is 
using the same approach taken for a number of areas designated in the 
final rule signed on June 30, 2016, and considering available air 
quality monitoring data from calendar years 2012-2015, and modeling 
submitted by the affected emissions sources and a public interest 
group. See 81 FR 45043. In the modeling runs, the impacts of the actual 
emissions for the 3-year periods 2012-2014 or 2013-2015 were 
considered. The 1-hour primary SO2 standard is violated at 
an ambient air quality monitoring site (or in the case of dispersion 
modeling, at an ambient air quality receptor location) when the 3-year 
average of the annual 99th percentile of the daily maximum 1-hour 
average concentrations exceeds 75 ppb, as determined in accordance with 
appendix T of 40 CFR part 50. The EPA has concluded that dispersion 
modeling shows that three Round 2 areas in Texas (portions of Freestone 
and Anderson Counties, portions of Rusk and Panola Counties, and 
portions of Titus County) are not meeting the 1-hour primary 
SO2 standard and we are, therefore, designating these areas 
as nonattainment. Based on available information, the EPA has also 
concluded that it cannot determine whether one Round 2 area in Texas 
(Milam County) is or is not meeting the 1-hour primary SO2 
standard and whether the area contributes to a violation in a nearby 
area. Therefore, we are designating this area as unclassifiable. 
Details about the available information can be found in the 
supplemental technical support document in the docket for the Round 2 
SO2 designations at Docket ID No. EPA-HQ-OAR-2014-0464.

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

    For the designations in four areas of Texas for the 2010 primary 
SO2 NAAQS supplementing the Round 2 designations, the EPA is 
designating 3 state areas as nonattainment and 1 state area as 
unclassifiable. No areas of Indian country are being designated as part 
of this action.

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

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

IX. Environmental Justice Concerns

    When the EPA establishes a new or revised NAAQS, the CAA requires 
the EPA to designate all areas of the U.S. as either nonattainment, 
attainment, or unclassifiable. This final action addresses designation 
determinations for four areas in Texas for the 2010 primary 
SO2 NAAQS. Area designations address environmental justice 
concerns by ensuring that the public is properly informed about the air 
quality in an area. In locations where air quality does not meet the 
NAAQS, the CAA requires relevant state authorities to initiate 
appropriate air quality management actions to ensure that all those 
residing, working, attending school, or otherwise present in those 
areas are protected, regardless of minority and economic status.

X. Statutory and Executive Order Reviews

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

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

    This action is exempted from the Office of Management and Budget 
because it responds to the CAA requirement to promulgate air quality 
designations after promulgation of a new or revised NAAQS.

B. Paperwork Reduction Act (PRA)

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

[[Page 89874]]

C. Regulatory Flexibility Act (RFA)

    This final rule is not subject to the RFA. The RFA applies only to 
rules subject to notice-and-comment rulemaking requirements under the 
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. 
This rule is not subject to notice-and-comment requirements under the 
APA but is subject to the CAA section 107(d)(2)(B) which does not 
require a notice-and-comment rulemaking to take this action.

D. Unfunded Mandates Reform Act (UMRA)

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

E. Executive Order 13132: Federalism

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

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

    This action does not have tribal implications, as specified in 
Executive Order 13175. This action concerns the designation of certain 
areas in the U.S. for the 2010 primary SO2 NAAQS. The CAA 
provides for states and eligible tribes to develop plans to regulate 
emissions of air pollutants within their areas, as necessary, based on 
the designations. The Tribal Authority Rule (TAR) provides tribes the 
opportunity to apply for eligibility to develop and implement CAA 
programs, such as programs to attain and maintain the SO2 
NAAQS, but it leaves to the discretion of the tribe the decision of 
whether to apply to develop these programs and which programs, or 
appropriate elements of a program, the tribe will seek to adopt. This 
rule does not have a substantial direct effect on one or more Indian 
tribes. It does not create any additional requirements beyond those of 
the SO2 NAAQS. This rule establishes the designations for 
certain areas of the country for the SO2 NAAQS, but no areas 
of Indian country are being designated in this action. Furthermore, 
this rule does not affect the relationship or distribution of power and 
responsibilities between the federal government and Indian tribes. The 
CAA and the TAR establish the relationship of the federal government 
and tribes in developing plans to attain the NAAQS, and this rule does 
nothing to modify that relationship. Thus, Executive Order 13175 does 
not apply.
    Although Executive Order 13175 does not apply to this rule, after 
the EPA promulgated the 2010 primary SO2 NAAQS, the EPA 
communicated with tribal leaders and environmental staff regarding the 
designations process. The EPA also sent individualized letters to all 
federally recognized tribes to explain the designation process for the 
2010 primary SO2 NAAQS, to provide the EPA designations 
guidance, and to offer consultation with the EPA. The EPA provided 
further information to tribes through presentations at the National 
Tribal Forum and through participation in National Tribal Air 
Association conference calls. The EPA also sent individualized letters 
to all federally recognized tribes that submitted recommendations to 
the EPA about the EPA's intended designations for the SO2 
standard and offered tribal leaders the opportunity for consultation. 
These communications provided opportunities for tribes to voice 
concerns to the EPA about the general designations process for the 2010 
primary SO2 NAAQS, as well as concerns specific to a tribe, 
and informed the EPA about key tribal concerns regarding designations 
as the rule was under development. For this supplemental round of 
SO2 designations action, the EPA sent additional letters to 
tribes that could potentially be affected and offered additional 
opportunities for participation in the designations process. The 
communication letters to the tribes are provided in the dockets for 
Round 1 designations (Docket ID No. EPA-HQ-OAR-2012-0233) and Round 2 
designations (Docket ID No. EPA-HQ-OAR-2014-0464).

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

    The action is not subject to Executive Order 13045 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 primary SO2 NAAQS. These effects and the size of the 
population affected are summarized in the EPA's final SO2 
NAAQS rules. See http://www3.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, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards.

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

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

K. Congressional Review Act (CRA)

    The CRA, 5 U.S.C. 801 et seq., as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, generally provides that 
before a rule may take effect, the agency promulgating the rule must 
submit a rule report, which includes a copy of the rule, to each House 
of the Congress and to the Comptroller General of the U.S. The EPA will 
submit a report containing this action and other required information 
to the U.S. Senate, the U.S. House of Representatives and the 
Comptroller General of the U.S. prior to publication of the rule in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This rule will be effective 
January 12, 2017.

L. Judicial Review

    Section 307 (b) (1) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions for 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

[[Page 89875]]

regulations promulgated, or final actions taken, by the 
Administrator,'' or (ii) when such action is locally or regionally 
applicable, if ``such action is based on a determination of nationwide 
scope or effect and if in taking such action the Administrator finds 
and publishes that such action is based on such a determination.''
    This final action designating areas for the 2010 primary 
SO2 NAAQS is ``nationally applicable'' within the meaning of 
section 307(b)(1). As explained in the preamble, this final action 
supplements the June 30, 2016 final action taken by the EPA to issue a 
second round of designations for areas across the U.S. for the 2010 
primary SO2 NAAQS. EPA determined the June 30, 2016 final 
action was ``nationally applicable'' within the meaning of section 
307(b)(1). 81 FR 45045. The rulemaking docket, EPA-HQ-OAR-2014-0464, is 
the same docket for both the June 30, 2016 action and for this 
supplemental action, with the relevant difference being that in 
addition to the materials it contained regarding these four Texas areas 
generated through June 30, 2016--the date that action was signed by the 
Administrator--it now also contains the final technical support 
documents and responses to comments related to these four areas. Both 
the June 30, 2016 action and this supplemental action were proposed in 
a single March 1, 2016, notice announcing the EPA's intended Round 2 
designations and were taken to discharge a duty under the court order 
to issue a round of designations of areas with sources meeting common 
criteria in the court order. As explained in the June 30, 2016 final 
rule, at the core of that final action and this supplemental final 
action is the EPA's interpretation of the definitions of nonattainment, 
attainment and unclassifiable under section 107(d)(1) of the CAA, and 
its application of that interpretation to areas across the country. Id. 
Accordingly, the Administrator has determined that this supplemental 
final action, which results from the same proposed action as the June 
30, 2016 final action, is nationally applicable and is hereby 
publishing that finding in the Federal Register.
    For the same reasons, the Administrator also is finding that this 
supplemental final action is based on a determination of nationwide 
scope and effect for the purposes of section 307(b)(1). As previously 
explained in the June 30, 2016 final action, in the report on the 1977 
Amendments that revised section 307(b)(1) of the CAA, Congress noted 
that the Administrator's determination that an action is of 
``nationwide scope or effect'' would be appropriate for any action that 
has a scope or effect beyond a single judicial circuit. H.R. Rep. No. 
95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03. 81 FR 
45045. Here, the June 30, 2016 final action and this supplemental final 
action combined issue designations in 65 areas in 24 states and extend 
to numerous judicial circuits. In these circumstances, section 
307(b)(1) and its legislative history calls for the Administrator to 
find the action to be of ``nationwide scope or effect'' and for venue 
to be in the D.C. Circuit. Therefore, like the June 30, 2016 final 
action it supplements, see 81 FR at 45045, this final action is based 
on a determination by the Administrator of nationwide scope or effect, 
and the Administrator is hereby publishing that finding in the Federal 
Register.
    Thus, any petitions for review of these final designations must be 
filed in the Court of Appeals for the District of Columbia Circuit 
within 60 days from the date final action is published in the Federal 
Register.

List of Subjects in 40 CFR Part 81

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

    Dated: November 29, 2016.
Gina McCarthy,
Administrator.

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

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

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

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

Subpart C--Section 107 Attainment Status Designations

0
2. Section 81.344 is amended by revising the table titled ``Texas--2010 
Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.344   Texas.

* * * * *

                                   Texas--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                               Designation
                    Designated area                     --------------------------------------------------------
                                                              Date                         Type
----------------------------------------------------------------------------------------------------------------
Freestone and Anderson Counties, TX \1\................         1/12/17  Nonattainment.
    Freestone County (part) and Anderson County (part)                   .......................................
        Those portions of Freestone and Anderson                         .......................................
         Counties encompassed by the rectangle with the
         vertices using Universal Traverse Mercator
         (UTM) coordinates in UTM zone 14 with datum
         NAD83 as follows:
            (1) Vertices--UTM Easting (m) 766752.69,                     .......................................
             UTM Northing (m) 3536333.0,
            (2) vertices--UTM Easting (m) 784752.69,                     .......................................
             UTM Northing (m) 3536333.0,
            (3) vertices--UTM Easting (m) 784752.69,                     .......................................
             UTM Northing (m) 3512333.0,
            (4) vertices--UTM Easting (m) 766752.69,                     .......................................
             UTM Northing (m) 3512333.0
Rusk and Panola Counties, TX \1\.......................         1/12/17  Nonattainment.
    Rusk County (part) and Panola County (part)                          .......................................
        Those portions of Rusk and Panola Counties                       .......................................
         encompassed by the rectangle with the vertices
         using Universal Traverse Mercator (UTM)
         coordinates in UTM zone 15 with datum NAD83 as
         follows:
            (1) Vertices--UTM Easting (m) 340067.31,                     .......................................
             UTM Northing (m) 3575814.75
            (2) vertices--UTM Easting (m) 356767.31,                     .......................................
             UTM Northing (m) 3575814.75
            (3) vertices--UTM Easting (m) 356767.31,                     .......................................
             UTM Northing (m) 3564314.75
            (4) vertices--UTM Easting (m) 340067.31,                     .......................................
             UTM Northing (m) 3564314.75
Titus County, TX \1\...................................         1/12/17  Nonattainment.
    Titus County (part)                                                  .......................................
        That portion of Titus County encompassed by the                  .......................................
         rectangle with the vertices using Universal
         Traverse Mercator (UTM) coordinates in UTM
         zone 15 with datum NAD83 as follows:

[[Page 89876]]

 
            (1) Vertices--UTM Easting (m) 304329.030,                    .......................................
             UTM Northing (m) 3666971.0,
            (2) vertices--UTM Easting (m) 311629.030,                    .......................................
             UTM Northing (m) 3666971.0,
            (3) vertices--UTM Easting (m) 311629.03,                     .......................................
             UTM Northing (m) 3661870.5,
            (4) vertices--UTM Easting (m) 304329.03,                     .......................................
             UTM Northing (m) 3661870.5
Milam County, TX \1\...................................         1/12/17  Unclassifiable.
    Milam County, TX                                                     .......................................
Potter County, TX \ 1\.................................         9/12/16  Unclassifiable.
    Potter County, TX                                                    .......................................
Atascosa County, TX \1\................................         9/12/16  Unclassifiable/Attainment.
    Atascosa County, TX                                                  .......................................
Fort Bend County, TX \1\...............................         9/12/16  Unclassifiable/Attainment.
    Fort Bend County                                                     .......................................
Goliad County, TX \1\..................................         9/12/16  Unclassifiable/Attainment.
    Goliad County                                                        .......................................
Lamb County, TX \1\....................................         9/12/16  Unclassifiable/Attainment.
    Lamb County                                                          .......................................
Limestone County, TX \2\...............................         9/12/16  Unclassifiable/Attainment.
    Limestone County                                                     .......................................
McLennan County, TX \2\................................         9/12/16  Unclassifiable/Attainment.
    McLennan County, TX                                                  .......................................
Robertson County, TX \2\...............................         9/12/16  Unclassifiable/Attainment.
    Robertson County                                                     .......................................
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.
\2\ Includes Indian country located in each area, if any, unless otherwise specified.

* * * * *
[FR Doc. 2016-29561 Filed 12-12-16; 8:45 am]
 BILLING CODE 6560-50-P