[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Pages 14597-14603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06876]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2017-0003; FRL-9976-40-OAR]


Air Quality Designations for the 2010 Sulfur Dioxide (SO2) 
Primary National Ambient Air Quality Standard--Round 3--Supplemental 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is withdrawing the 
designation of Unclassifiable for the Citrus County, Florida, area that 
the EPA originally promulgated on December 21, 2017, and is 
establishing a designation of Attainment/Unclassifiable for that area 
as part of promulgating initial air quality designations for certain 
areas in the United States (U.S.) for the 2010 sulfur dioxide 
(SO2) primary National Ambient Air Quality Standard (NAAQS). 
This action supplements our December 2017 action, which together 
comprise the third of four expected rounds of actions to designate 
areas of the U.S. for the 2010 SO2 NAAQS. This third round 
of designations is based on application of the EPA's nationwide 
analytical approach and technical analysis, including evaluation of 
monitoring data and air quality modeling, to determine the appropriate 
designation based on the weight of evidence for each area.

DATES: This final rule is effective on April 9, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2017-0003. All documents in the docket are 
listed in the index at http://www.regulations.gov website. Although 
listed in the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in the docket or in hard copy at the 
Docket, WJC West Building, Room 3334, 1301 Constitution Avenue NW, 
Washington, DC 20004. The hours of operation at the EPA Docket Center 
are 8:30 a.m.- 4:30 p.m., Monday-Friday. The telephone number for the 
Public Reading Room is (202) 566-1744. Air dispersion modeling input 
and output files are too large to post in the docket or on the website 
and must be requested from the EPA Docket Office or the Regional office 
contacts listed in the FOR FURTHER INFORMATION CONTACT section.
    In addition, the EPA has established a website for the initial 
SO2 designations rulemakings at: https://www.epa.gov/sulfur-dioxide-designations. The website includes the EPA's final 
SO2 designations, as well as state and tribal recommendation 
letters, the EPA's modification letters, technical support documents, 
responses to comments and other related technical information.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this 
action, please contact Liz Etchells, U.S. EPA, Office of Air Quality 
Planning and Standards, Air Quality Policy Division, C539-01, Research 
Triangle Park, NC 27709, telephone (919) 541-0253, email at 
[email protected]. The following EPA contacts can answer 
questions regarding areas in a particular EPA Regional office:
    U.S. EPA Regional Office Contact:
    Region IV--Twunjala Bradley, telephone (404) 562-9352, email at 
[email protected].
    The public may inspect the rule and state-specific technical 
support information at the following locations:

[[Page 14598]]



------------------------------------------------------------------------
            Regional offices                          States
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R. Scott Davis, Chief, Air Planning and  Alabama, Florida, Georgia,
 Implementation Branch, EPA Region IV,    Kentucky, Mississippi, North
 Sam Nunn Atlanta Federal Center, 61      Carolina, South Carolina and
 Forsyth, Street SW, 12th Floor,          Tennessee.
 Atlanta, GA 30303, (404) 562-9127.
------------------------------------------------------------------------

    The information can also be reviewed online at https://www.epa.gov/sulfur-dioxide-designations and in the public docket for these 
SO2 designations at https://www.regulations.gov under Docket 
ID No. EPA-HQ-OAR-2017-0003.

SUPPLEMENTARY INFORMATION: 

Table of Contents

    The following is an outline of the Preamble.

I. Preamble Glossary of Terms and Acronyms
II. What is the purpose of this supplemental action?
III. Designation Decision Based on 2015-2017 Data
IV. Effective Date of This Action
V. Comments Received During the Third Round Public Comment Period 
Regarding Changing Final Designations
VI. Environmental Justice Concerns
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Government.
    H. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    L. Congressional Review Act (CRA)
    M. Judicial Review

I. Preamble Glossary of Terms and Acronyms

    The following are abbreviations of terms used in the preamble.

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

II. What is the purpose of this supplemental action?

    On December 21, 2017, the Administrator of the EPA promulgated a 
third round of initial air quality designations for certain areas in 
the U.S. for the 2010 SO2 primary NAAQS (83 FR 1098, January 
9, 2018), in accordance with section 107(d) of the Clean Air Act (CAA). 
The list of newly designated areas in each state, the boundaries of 
each area, and the designation of each area, appear in the tables at 
the end of that action. Six areas were designated as Nonattainment; 23 
areas were designated Unclassifiable; and the rest of the areas covered 
by the third round in all states, territories, and tribal lands were 
designated Attainment/Unclassifiable. The purpose of this action is to 
withdraw the SO2 designation for one area that we designated 
as Unclassifiable in the December 2017 action and designate that area 
as Attainment/Unclassifiable.
    The December 2017 action provided that these designations be 
effective 90 days from the date of publication in the Federal Register 
(i.e., April 9, 2018). Because the designations were promulgated so 
close to the end of the 2017 calendar year, the EPA indicated in that 
action that if any state were to submit complete, quality-assured, 
certified 2017 data or related information about 2017 air quality to 
the EPA by February 28, 2018, that supported a change of the 
designation status for any area within that state, and if the EPA 
agreed that a change of designation status is appropriate, then we 
would withdraw the designation announced in the December 2017 action 
for the area and issue the appropriate designation that reflects the 
inclusion and analysis of such information. The EPA received such 2017 
air quality information from the state of Florida prior to February 28, 
2018, and this information is available in the docket for this 
action.\1\ Based on our evaluation of these data, in this supplemental 
action, the EPA is changing the designation status from Unclassifiable 
to Attainment/Unclassifiable for one portion of Citrus County, Florida. 
The portion of Citrus County affected by this surrounds the Crystal 
River Power Plant.\2\
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    \1\ Documents EPA-HQ-OAR-2017-0003-0701, EPA-HQ-OAR-2017-0003-
0702, EPA-HQ-OAR-2017-0003-0703, and EPA-HQ-OAR-2017-0003-0704 in 
Docket ID No. EPA-HQ-OAR-2017-0003.
    \2\ Specifically, the boundary is comprised of census block 
groups 4504004 and 4505002.
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    The December 2017 action was based on application of the EPA's 
nationwide analytical approach and technical analysis, including 
evaluation of monitoring data and air quality modeling, to determine 
the appropriate designation based on the weight of evidence for each 
area, which are hereby incorporated by reference into this supplement 
of that action (see 83 FR at 1099-1100).
    Modification to the initial designation for this area does not 
represent a ``redesignation'' because this change is a withdrawal of 
the initial designation prior to its effective date and issuance of a 
new initial designation. We are making this change to reflect the most 
recent 3 years of complete, quality-assured, and certified data that 
have become available prior to the effective date of the designations.
    In the December 2017 action, we also stated that if certified 2017 
data indicated a violation of the standard in an area we initially 
designated as Attainment/Unclassifiable or Unclassifiable, the EPA 
would evaluate the reason for the violation and determine the 
appropriate course of action, including the possibility of 
redesignation to Nonattainment. No states submitted certified 2017 data 
by February 28, 2018, to indicate a violation of the standard in any 
area initially designated as Attainment/Unclassifiable or 
Unclassifiable.

III. Designation Decision Based on 2015-2017 Data

    On August 22, 2017, the EPA indicated an intent to designate a 
portion of Citrus County, Florida as Nonattainment based on the most 
recent three years, at that time, of complete, quality-assured, 
certified data from a monitor (2014-2016) indicating a

[[Page 14599]]

violating 1-hr SO2 design value of 81 parts per billion 
(ppb). The EPA explained in its Technical Support Document (TSD) for 
the intended designations (See, Chapter 9, page 101) \3\ that if, prior 
to the effective date of designations, the Citrus County SO2 
monitor produced a valid attaining design value for the 2015-2017 
period, and credible modeling was provided for the area that indicated 
attainment for the current 3-year period, then the EPA would change the 
designation of the area to Attainment/Unclassifiable and the designated 
area would be Citrus County in its entirety. Prior to the final 
designations in the December 2017 action, in October and November of 
2017, Florida provided a new air quality modeling analysis to 
characterize the maximum 1-hour SO2 concentrations in the 
area and demonstrated attainment throughout the modeled area, (See, 
Chapter 9, pages 4-49 of the TSD).\4\ That modeling utilized emissions 
that are representative of actual emissions from the most recent 
available 3-year period, July 2014 through June 2017. In December 2017, 
Florida also submitted early-certified monitoring data through December 
9, 2017, at monitoring AQS Site # 12-017-0006 in Citrus County, 
Florida. The EPA indicated in the TSD that if the monitor did not 
record 4 daily maximum 1-hour averages of 90 ppb or higher between 
December 10 and December 31, 2017, then the 4th highest value would be 
89 ppb or less and the design value calculation for 2015-2017 would be 
lower than the NAAQS. Based on the above information, the EPA 
determined there was uncertainty whether the area was meeting the 2010 
SO2 primary NAAQS based on the available monitoring data and 
modeling analyses, and designated a portion of Citrus County as 
Unclassifiable in the December 2017 final action.
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    \3\ Technical Support Document: Intended Round 3 Area 
Designations for the 2010 1-Hour SO2 Primary National 
Ambient Air Quality Standard for Florida, August 2017. https://www.epa.gov/sites/production/files/2017-08/documents/9_fl_so2_rd3-final.pdf.
    \4\ Technical Support Document: Final Round 3 Area Designations 
for the 2010 1-Hour SO2 Primary National Ambient Air 
Quality Standard for Florida, December 2017. https://www.epa.gov/sites/production/files/2017-12/documents/09-fl-so2-rd3-final.pdf.
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    The state of Florida submitted complete, quality-assured, and 
certified air quality monitoring data for calendar year 2017 to the EPA 
by the prescribed deadline of February 28, 2018. The Florida Department 
of Environmental Protection (DEP) submitted a data certification letter 
and reports, which can be found in the docket,\5\ that show a valid, 
attaining 1-hour SO2 design value of 58 ppb based on 
complete, certified 2015-2017 data. The monitor at AQS Site # 12-017-
0006 is located 3.4 miles east of Crystal River Power Plant (CRPP). The 
monitor has not been demonstrated to be located to characterize the 
maximum 1-hour SO2 concentrations near CRPP or the area. 
Combining Florida's October and November 2017 modeling, discussed 
above, with the inclusion of the 2017 data submitted for the monitor 
showing the attaining 3-year design values for 2015-2017, the EPA 
agrees with changing the initial designation for this area with respect 
to the 2010 SO2 primary NAAQS.
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    \5\ Documents EPA-HQ-OAR-2017-0003-0701, EPA-HQ-OAR-2017-0003-
0702, EPA-HQ-OAR-2017-0003-0703, and EPA-HQ-OAR-2017-0003-0704 in 
Docket ID No. EPA-HQ-OAR-2017-0003.
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    Based on complete, quality-assured and certified air quality 
monitoring data from 2017 submitted by Florida DEP prior to the 
prescribed February 28, 2018, deadline, and modeling showing attainment 
of the 1-hour SO2 primary NAAQS in the area, the EPA is 
changing the initial designation status for this one area. As noted in 
Section II of this preamble, the EPA provided a process in the December 
2017 final action for considering 2017 air quality data in the event 
that such data would support a change to the initial designation for an 
area. Pursuant to this process, the EPA is withdrawing the initial 
designation for the Unclassifiable area in one portion of Citrus 
County, Florida. The EPA is changing the initial designation of this 
portion of Citrus County from Unclassifiable to Attainment/
Unclassifiable, thereby designating the entirety of Citrus County as 
Attainment/Unclassifiable. Procedurally, this change in the initial 
designation is consistent with our early data certification and 
evaluation process, as described earlier in this document and in the 
December 2017 action. The table at the end of this final rule 
(amendment to 40 CFR 81.310--Florida) lists the entire state, including 
the area for which the EPA is changing the initial designation. This 
action does not impact any areas of Indian country.

IV. Effective Date of This Action

    The effective date of designation of the area addressed in this 
action is April 9, 2018, the same effective date as the December 2017 
final action (83 FR 1098). The EPA is making these changes without 
notice and comment in accordance with section 107(d)(2) of the CAA, 
which exempts the promulgation of these designations from the notice 
and comment provisions of the Administrative Procedure Act (APA). 
Section 553(d) of the APA generally provides that rulemakings shall not 
be effective less than 30 days after publication except where the 
agency finds good cause for an earlier date. 5 U.S.C. 553(d)(1) and 
(3). Were the EPA not to expedite the effective date of today's action, 
and instead make the effective date 30 days after publication, there 
would be confusion regarding the appropriate designation for the 
affected area in Florida, and the state and the EPA would likely have 
to expend unnecessary time and resources at a later time to resolve 
that confusion. The effective date for this action is, therefore, 
justified because the EPA finds that there is good cause to make the 
rule effective immediately because it is in the public interest to 
avoid the potential delay and waste of resources associated with 
allowing the designations in the December 2017 action to go into effect 
for this area and the rule does not contain new requirements for which 
affected entities need time to prepare.

V. Comments Received During the Third Round Public Comment Period 
Regarding Changing Final Designations

    During the public comment period for the third round of 
designations, Sierra Club submitted comments alleging that once the EPA 
provides a NAAQS designation for an area no later than December 31, 
2017, it can only redesignate that area by following the applicable 
legal provisions for redesignation in section 107(d)(3)(E) of the 
CAA.\6\
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    \6\ Sierra Club's comment on this issue also raised questions 
regarding the relevant data for Citrus County. Those issues are 
addressed by the technical information provided earlier in this 
document and in the supporting TSD.
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    The ``legal deadline'' of December 31, 2017, Sierra Club refers to 
is a consent decree deadline by which the EPA must sign its notice of 
promulgation of final designations for publication in the Federal 
Register. The commenter is correct that section 107(d)(3)(E) of the CAA 
provides the legal requirements and mechanism for redesignating an area 
once it is designated. However, such redesignation hinges upon there 
being such a final and effective designation in place for an area, 
which is not at the time of signature by the EPA or publication of the 
Federal Register notice promulgating such designations. Notably, 
section 107(d)(2) of the CAA does not contain publication and effective 
date requirements applicable for promulgation of

[[Page 14600]]

designations. The commenter, therefore, incorrectly asserts that the 
December 31, 2017, consent decree deadline is when ``EPA makes its 
designation.'' Accordingly, the redesignations process under section 
107(d)(3)(E) of the CAA is not yet applicable at the legal deadline 
referenced by commenter. The EPA implemented this approach previously 
for the final designations for the 1997 and 2006 PM2.5 NAAQS 
(70 FR 19844 and 80 FR 18535). Sierra Club's comment also addresses an 
action that the EPA is not taking at this time, namely to revise a 
designation from Nonattainment to Attainment or Unclassifiable, and, 
thus, is not relevant to this supplemental designation action and not 
addressed here.

VI. Environmental Justice Concerns

    When the EPA establishes a new or revised NAAQS, the CAA requires 
the EPA to designate all areas of the U.S. as either Nonattainment, 
Attainment, or Unclassifiable. Area designations address environmental 
justice concerns by ensuring that the public is properly informed about 
the air quality in an area. In locations where air quality does not 
meet the NAAQS, the CAA requires relevant state authorities to initiate 
appropriate air quality management actions to ensure that all those 
residing, working, attending school, or otherwise present in those 
areas are protected, regardless of minority and economic status. This 
action includes a revision to the December 21, 2017, designation for 
the Citrus County, Florida area based on the availability of recent air 
quality data showing that the area meets the 2010 SO2 
primary NAAQS.

VII. Statutory and Executive Order Reviews

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

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

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because actions such as air quality designations after promulgating a 
new or revised NAAQS are exempt under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action fulfills the non-discretionary duty for the EPA to 
promulgate air quality designations after promulgation of a new or 
revised NAAQS and does not contain any information collection 
activities.

D. Regulatory Flexibility Act (RFA)

    This designation action under CAA section 107(d) is not subject to 
the RFA. The RFA applies only to rules subject to notice-and-comment 
rulemaking requirements under the APA, 5 U.S.C. 553, or any other 
statute. Section 107(d)(2)(B) of the CAA explicitly provides that 
designations are exempt from the notice-and-comment provisions of the 
APA. In addition, designations under CAA section 107(d) are not among 
the list of actions that are subject to the notice-and-comment 
rulemaking requirements of CAA section 307(d).

E. Unfunded Mandates Reform Act (UMRA)

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

F. Executive Order 13132: Federalism

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

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Government.

    This action does not have tribal implications, as specified in 
Executive Order 13175. This action concerns the designation of certain 
areas in the U.S. for the 2010 SO2 NAAQS. The CAA provides 
for states, territories, and eligible tribes to develop plans to 
regulate emissions of air pollutants within their areas, as necessary, 
based on the designations. The Tribal Authority Rule (TAR) provides 
tribes the opportunity to apply for eligibility to develop and 
implement CAA programs, such as programs to attain and maintain the 
SO2 NAAQS, but it leaves to the discretion of the tribe the 
decision of whether to apply to develop these programs and which 
programs, or appropriate elements of a program, the tribe will seek to 
adopt. This rule does not have a substantial direct effect on one or 
more Indian tribes. It would not create any additional requirements 
beyond those of the SO2 NAAQS. This rule does not impact 
areas of Indian country. Furthermore, this rule does not affect the 
relationship or distribution of power and responsibilities between the 
federal government and Indian tribes. The CAA and the TAR establish the 
relationship of the federal government and tribes in developing plans 
to attain the NAAQS, and this rule does nothing to modify that 
relationship. Thus, Executive Order 13175 does not apply.

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

    The EPA interprets Executive Order 13045 as applying to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this determination is contained in Section VI of this 
preamble, ``Environmental Justice Concerns.''

[[Page 14601]]

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the U.S. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

M. Judicial Review

    Section 307(b)(1) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions of review of final actions by the EPA. 
This section provides, in part, that petitions for review must be filed 
in the Court of Appeals for the District of Columbia Circuit: (i) When 
the agency action consists of ``nationally applicable regulations 
promulgated, or final actions taken, by the Administrator,'' or (ii) 
when such action is locally or regionally applicable, if ``such action 
is based on a determination of nationwide scope or effect and if in 
taking such action the Administrator finds and publishes that such 
action is based on such a determination.''
    This final action withdrawing the designation and promulgating a 
new initial designation of one area for the 2010 SO2 primary 
NAAQS is ``nationally applicable'' within the meaning of CAA section 
307(b)(1). As explained in the preamble, this final action supplements 
the December 2017 final action taken by the EPA to issue a third round 
of designations for areas across the U.S. for the 2010 SO2 
primary NAAQS. The EPA determined the December 2017 final action was 
``nationally applicable'' within the meaning of CAA section 307(b)(1). 
83 FR at 1104. The rulemaking docket, EPA-HQ-OAR-2017-0003, is the same 
docket for both the December 2017 final action and for this 
supplemental action, with the relevant difference being that in 
addition to the materials it contained regarding this Florida area 
generated through December 21, 2017--the date that action was signed by 
the Administrator--it now also contains the supplemental information 
submitted by Florida related to this area. Both the January 9, 2018, 
action and this supplemental action were proposed in a single September 
5, 2017, notice announcing the EPA's intended Round 3 designations and 
were taken to discharge a duty under the court order to issue a round 
of designations of areas with sources meeting common criteria in the 
court order. As explained in the December 2017 final rule, at the core 
of that final action and this supplemental final action is the EPA's 
nationwide analytical approach and technical analysis, including 
evaluation of monitoring data and air quality modeling, applied to the 
available evidence for each area, including the EPA's interpretation of 
statutory terms in the CAA such as the definitions of Nonattainment, 
Attainment, and Unclassifiable under section 107(d)(1) of the CAA, and 
its application of that interpretation to areas across the country. 
Accordingly, the Administrator has determined that this supplemental 
final action, which results from the same proposed action as the 
December 2017 final action, is nationally applicable and is hereby 
publishing that finding in the Federal Register.
    For the same reasons discussed above that make the final rule 
nationally applicable, the Administrator also is finding that this 
supplemental final action is based on a determination of nationwide 
scope and effect for the purposes of CAA section 307(b)(1). As 
previously explained in the December 2017 final action, in the report 
on the 1977 Amendments that revised section 307(b)(1) of the CAA, 
Congress noted that the Administrator's determination that an action is 
of ``nationwide scope or effect'' would be appropriate for any action 
that has a scope or effect beyond a single judicial circuit. H.R. Rep. 
No. 95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03. Here, 
the scope and effect of the December 2017 final action and this 
supplemental final action combined will extend to numerous judicial 
circuits since the designations will apply to areas across the country. 
In these circumstances, CAA section 307(b)(1) and its legislative 
history calls for the Administrator to find the action to be of 
``nationwide scope or effect'' and for venue to be in the D.C. Circuit. 
Therefore, like the final December 2017 final action it supplements, 
see 83 FR at 1104, this supplement to that final action is based on a 
determination by the Administrator of nationwide scope or effect, and 
the Administrator is, hereby, publishing that finding in the Federal 
Register.
    Thus, any petitions for review of this supplemental final action 
must be filed in the U.S. Court of Appeals for the District of Columbia 
Circuit within 60 days from the date this supplemental final action is 
published in the Federal Register.

List of Subjects in 40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: March 28, 2018.
E. Scott Pruitt,
Administrator.
    For the reasons set forth in the preamble, 40 CFR part 81 is 
amended as follows:

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

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

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

Subpart C--Section 107 Attainment Status Designations

0
2. Section 81.310 is amended by revising the table titled, ``Florida--
2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:


Sec.  81.310  Florida.

* * * * *

                                  Florida--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                        Designation
             Designated area              ----------------------------------------------------------------------
                                              Date \1\                              Type
----------------------------------------------------------------------------------------------------------------
Hillsborough County, FL \2\..............         10/4/13  Nonattainment.
    Hillsborough County (part)
        That portion of Hillsborough
         County encompassed by the
         polygon with the vertices using
         Universal Traverse Mercator
         (UTM) coordinates in UTM zone 17
         with datum NAD83 as follows: (1)
         Vertices-UTM Easting (m) 358581,
         UTM Northing 3076066; (2)
         vertices-UTM Easting (m) 355673,
         UTM Northing 3079275; (3) UTM
         Easting (m) 360300, UTM Northing
         3086380; (4) vertices-UTM
         Easting (m) 366850, UTM Northing
         3086692; (5) vertices-UTM
         Easting (m) 368364, UTM Northing
         3083760; and (6) vertices-UTM
         Easting (m) 365708, UTM Northing
         3079121
Hillsborough--Polk County, FL \3\........  ..............  Nonattainment.

[[Page 14602]]

 
    Hillsborough County (part)
    Polk County (part)
        That portion of Hillsborough and   ..............  .....................................................
         Polk Counties encompassed by the
         polygon with the vertices using
         Universal Traverse Mercator
         (UTM) coordinates in UTM zone 17
         with datum NAD83 as follows:
         390,500 E, 3,073,500 N; 390,500
         E, 3,083,500 N; 400,500 E,
         3,083,500 N; 400,500 E,
         3,073,500 N
Nassau County, FL \2\....................         10/4/13  Nonattainment.
    Nassau County (part)                   ..............  .....................................................
        That portion of Nassau County      ..............  .....................................................
         encompassing the circular
         boundary with the center being
         UTM Easting 455530 meters, UTM
         Northing 3391737 meters, UTM
         zone 17, using the NAD83 datum
         (the location of the violating
         ambient monitor) and the radius
         being 2.4 kilometers
Mulberry, FL Area \3\....................  ..............  Unclassifiable.
    Hillsborough County (part)             ..............  .....................................................
    Polk County (part)                     ..............  .....................................................
        That portion of Hillsborough and   ..............  .....................................................
         Polk Counties encompassed by the
         polygon with the vertices using
         Universal Traverse Mercator
         (UTM) coordinates in UTM zone 17
         with datum NAD83 starting with
         the Northwest Corner and
         proceeding to the Northeast as
         follows: 390,500 E, 3,083,500 N;
         410,700 E, 3,091,600 N; 412,900
         E, 3,089,800 N; 412,900 E,
         3,084,600 N; 400,500 E,
         3,073,500 N; 400,500 E,
         3,083,500 N
Rest of State: \3\
    Alachua County.......................  ..............  Attainment/Unclassifiable.
    Baker County.........................  ..............  Attainment/Unclassifiable.
    Bay County...........................  ..............  Attainment/Unclassifiable.
    Bradford County......................  ..............  Attainment/Unclassifiable.
    Brevard County.......................  ..............  Attainment/Unclassifiable.
    Broward County.......................  ..............  Attainment/Unclassifiable.
    Calhoun County.......................  ..............  Attainment/Unclassifiable.
    Charlotte County.....................  ..............  Attainment/Unclassifiable.
    Citrus County........................  ..............  Attainment/Unclassifiable.
    Clay County..........................  ..............  Attainment/Unclassifiable.
    Collier County.......................  ..............  Attainment/Unclassifiable.
    Columbia County......................  ..............  Attainment/Unclassifiable.
    DeSoto County........................  ..............  Attainment/Unclassifiable.
    Dixie County.........................  ..............  Attainment/Unclassifiable.
    Duval County.........................  ..............  Attainment/Unclassifiable.
    Escambia County......................  ..............  Attainment/Unclassifiable.
    Flagler County.......................  ..............  Attainment/Unclassifiable.
    Franklin County......................  ..............  Attainment/Unclassifiable.
    Gadsden County.......................  ..............  Attainment/Unclassifiable.
    Gilchrist County.....................  ..............  Attainment/Unclassifiable.
    Glades County........................  ..............  Attainment/Unclassifiable.
    Gulf County..........................  ..............  Attainment/Unclassifiable.
    Hamilton County......................  ..............  Attainment/Unclassifiable.
    Hardee County........................  ..............  Attainment/Unclassifiable.
    Hendry County........................  ..............  Attainment/Unclassifiable.
    Hernando County......................  ..............  Attainment/Unclassifiable.
    Highlands County.....................  ..............  Attainment/Unclassifiable.
    Hillsborough County (part)             ..............  Attainment/Unclassifiable.
     (remainder).
    Holmes County........................  ..............  Attainment/Unclassifiable.
    Indian River County..................  ..............  Attainment/Unclassifiable.
    Jackson County.......................  ..............  Attainment/Unclassifiable.
    Jefferson County.....................  ..............  Attainment/Unclassifiable.
    Lafayette County.....................  ..............  Attainment/Unclassifiable.
    Lake County..........................  ..............  Attainment/Unclassifiable.
    Lee County...........................  ..............  Attainment/Unclassifiable.
    Leon County..........................  ..............  Attainment/Unclassifiable.
    Levy County..........................  ..............  Attainment/Unclassifiable.
    Liberty County.......................  ..............  Attainment/Unclassifiable.
    Madison County.......................  ..............  Attainment/Unclassifiable.
    Manatee County.......................  ..............  Attainment/Unclassifiable.
    Marion County........................  ..............  Attainment/Unclassifiable.
    Martin County........................  ..............  Attainment/Unclassifiable.
    Miami-Dade County....................  ..............  Attainment/Unclassifiable.
    Monroe County........................  ..............  Attainment/Unclassifiable.
    Nassau County (part) (remainder).....  ..............  Attainment/Unclassifiable.
    Okaloosa County......................  ..............  Attainment/Unclassifiable.
    Okeechobee County....................  ..............  Attainment/Unclassifiable.
    Orange County........................  ..............  Attainment/Unclassifiable.

[[Page 14603]]

 
    Osceola County.......................  ..............  Attainment/Unclassifiable.
    Palm Beach County....................  ..............  Attainment/Unclassifiable.
    Pasco County.........................  ..............  Attainment/Unclassifiable.
    Pinellas County......................  ..............  Attainment/Unclassifiable.
    Polk County (part) (remainder).......  ..............  Attainment/Unclassifiable.
    Putnam County........................  ..............  Attainment/Unclassifiable.
    St. Johns County.....................  ..............  Attainment/Unclassifiable.
    St. Lucie County.....................  ..............  Attainment/Unclassifiable.
    Santa Rosa County....................  ..............  Attainment/Unclassifiable.
    Sarasota County......................  ..............  Attainment/Unclassifiable.
    Seminole County......................  ..............  Attainment/Unclassifiable.
    Sumter County........................  ..............  Attainment/Unclassifiable.
    Suwannee County......................  ..............  Attainment/Unclassifiable.
    Taylor County........................  ..............  Attainment/Unclassifiable.
    Union County.........................  ..............  Attainment/Unclassifiable.
    Volusia County.......................  ..............  Attainment/Unclassifiable.
    Wakulla County.......................  ..............  Attainment/Unclassifiable.
    Walton County........................  ..............  Attainment/Unclassifiable.
    Washington County....................  ..............  Attainment/Unclassifiable.
----------------------------------------------------------------------------------------------------------------
\1\ This date is 4/9/2018, unless otherwise noted.
\2\ Excludes Indian country located in each area, if any, unless otherwise specified.
\3\ Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining
  the boundaries of any area of Indian country in this table, including any area of Indian country located in
  the larger designation area. The inclusion of any Indian country in the designation area is not a
  determination that the state has regulatory authority under the Clean Air Act for such Indian country.

* * * * *
[FR Doc. 2018-06876 Filed 4-4-18; 8:45 am]
 BILLING CODE 6560-50-P