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


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

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

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

ADDRESSES: The EPA has established a docket for this action at https://regulations.gov under Docket ID No. EPA-HQ-OAR-2020-0037. Although 
listed in the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form.
    Out of an abundance of caution for members of the public and our 
staff, the EPA Docket Center and Reading Room are currently closed to 
the public, with limited exceptions, to reduce the risk of transmitting 
COVID-19. The Docket Center staff will continue to provide remote 
customer service via email, phone, and webform. For further information 
on EPA Docket Center services and the current status, please visit us 
online at https://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION: 

Table of Contents

    The following is an outline of the Preamble.

I. Preamble Glossary of Terms and Acronyms
II. What is the purpose of this supplemental action?
III. Designation Decision Based on 2018-2020 Data
IV. Effective Date of This Action
V. Comments Received Regarding EPA's Round 4 Designations
VI. Environmental Justice Concerns
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Government
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)
    L. Judicial Review

I. Preamble Glossary of Terms and Acronyms

    The following are abbreviations of terms used in the preamble.

APA Administrative Procedure Act
AQS Air Quality System
CAA Clean Air Act
CFR Code of Federal Regulations
DC District of Columbia
DRR Data Requirements Rule
E.O. Executive Order
EPA Environmental Protection Agency
FR Federal Register
NAAQS National Ambient Air Quality Standards
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
ppb Parts per billion
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SO2 Sulfur Dioxide
TAR Tribal Authority Rule
UMRA Unfunded Mandate Reform Act of 1995
U.S. United States

II. What is the purpose of this supplemental action?

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

[[Page 19577]]

nonattainment; two areas were designated as unclassifiable; and 33 
areas were designated as attainment/unclassifiable. The list of newly 
designated areas in each state, the boundaries of each area, and the 
designation of each area, appear in the tables at the end of that 
action.
---------------------------------------------------------------------------

    \1\ The Round 4 2010 SO2 NAAQS designations action 
was signed by the EPA Administrator, Andrew Wheeler, on December 21, 
2020, pursuant to a court-ordered deadline of December 31, 2020. 
That document with the original signature and date is maintained by 
the EPA. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, Acting 
Administrator Jane Nishida re-signed the same action on March 10, 
2021, for publication (86 FR 16055, March 26, 2021). The 
administrative process in no way alters the legal effect of the 
action upon publication in the Federal Register.
---------------------------------------------------------------------------

    The purpose of this supplemental action is to withdraw the 
SO2 designation for one area that the EPA designated as 
nonattainment in the December 2020 action and designate that area as 
attainment/unclassifiable. The EPA indicated in that action that if any 
state submitted complete, quality-assured, certified 2020 data to the 
appropriate EPA Regional office supporting a change of the designation 
status for any Round 4 area within that state, and the EPA agreed that 
a change of designation status was appropriate, the EPA would withdraw 
the December 21, 2020, designation for the area and issue another 
designation that reflects the analysis of such information.
    The EPA received such 2020 air quality information from the state 
of Wisconsin on January 13, 2021, and this information is available in 
the docket for this action. Based on our evaluation of the 2020 
monitoring data, in this supplemental action the EPA is changing its 
December 21, 2020, nonattainment designation for portions of Outagamie 
County, Wisconsin to attainment/unclassifiable. The portions of 
Outagamie County affected by this change cover Outagamie County except 
Oneida Township (which includes Oneida Reservation), Oneida Off-
Reservation Trust Land, and noncontiguous portions of Seymour Township 
adjoining Oneida Nation Tribal Lands.\2\
---------------------------------------------------------------------------

    \2\ In the December 2020 action, the EPA designated Oneida 
Township (which includes the Oneida Reservation), Oneida Off-
Reservation Trust Land, and the noncontiguous portions of Seymour 
Township adjoining Oneida Nation Tribal Lands as attainment/
unclassifiable. See the EPA's intended designations technical 
support document for Wisconsin at https://www.epa.gov/sites/production/files/2020-08/documents/11-wi-rd4_intended_so2_designations_tsd.pdf.
---------------------------------------------------------------------------

    The December 21, 2020, action was based on application of the EPA's 
nationwide analytical approach and technical analysis, including 
evaluation of monitoring data and air quality modeling, to determine 
the appropriate designation and area boundary based on the weight of 
evidence for each area, which are hereby incorporated by reference into 
this supplement of that action. Modification to the December 21, 2020, 
designation for this area does not represent a ``redesignation'' 
because this change is a withdrawal of that initial designation prior 
to its effective date and is an issuance of a new initial designation. 
The EPA is making this change to reflect the most recent 3 years of 
complete, quality-assured, and certified data (i.e., 2018-2020) that 
have become available prior to the April 30, 2021, effective date of 
the December 21, 2020, action.

III. Designation Decision Based on 2018-2020 Data

    In a May 1, 2020, letter, which the state later modified on July 
17, 2020, the Wisconsin Department of Natural Resources (WDNR) 
recommended that the EPA designate Outagamie County, Wisconsin as 
nonattainment for the 2010 SO2 NAAQS. On August 13, 2020, 
consistent with section 107(d)(1)(b)(ii) of the CAA, the EPA notified 
Wisconsin that it intended to designate portions of Outagamie County, 
Wisconsin as nonattainment based on the most recent 3 years (2017-
2019), at that time, of complete, quality-assured, certified data from 
a monitor (Air Quality System (AQS) Site ID #55-087-0015) indicating a 
violation of the 2010 SO2 NAAQS with a design value of 77 
parts per billion (ppb).\3\ The EPA explained in its December 2020 
Responses to Comments on the intended designations (see pp. 26-27) that 
if the Kaukauna SO2 monitor produced a valid attaining 
design value for the 2018-2020 period, and Wisconsin submitted the 
certified data to the EPA prior to February 15, 2021, then the EPA 
would withdraw the nonattainment designation announced in the December 
2020 action and change the initial designation of the Outagamie County 
area to attainment/unclassifiable.\4\
---------------------------------------------------------------------------

    \3\ The 2010 1-hour SO2 NAAQS is 75 ppb, based on the 
3-year average of the 99th percentile of the annual distribution of 
daily maximum 1-hour average concentrations. See 40 CFR 50.17.
    \4\ Response to Comments on EPA's Intended Designations for the 
2010 Sulfur Dioxide Primary National Ambient Air Quality Standard 
(NAAQS)--Round 4, December 2020. Available at https://www.epa.gov/sites/production/files/2020-12/documents/rd4_so2_designations_responses_to_comments_final_v2.pdf.
---------------------------------------------------------------------------

    On January 13, 2021, the WDNR submitted complete, quality-assured, 
and certified SO2 air quality monitoring data from the 
Kaukauna monitor for calendar year 2020 to the EPA.\5\ Additionally, 
WDNR requested that the EPA use the most recently available data to 
change the designation of Outagamie County, Wisconsin from 
nonattainment to attainment/unclassifiable prior to the April 30, 2021 
effective date of the December 2020 action.
---------------------------------------------------------------------------

    \5\ The docket for this action includes WDNR's AMP600 and 
AMP450NC Data Certification Reports dated January 7, 2021, and 
Letter dated January 13, 2021, and the EPA's Concurrence dated 
January 19, 2021.
---------------------------------------------------------------------------

    The Kaukauna monitor is located 1.53 kilometers north northeast of 
the Ahlstrom-Munksj[ouml] NA Specialty Solutions, LLC--Kaukauna 
facility. The monitor was sited to characterize the maximum 1-hour 
SO2 concentration in the area surrounding the facility. 
Based on the ambient monitoring data certified by WDNR in the EPA's 
AQS, the annual 99th percentiles for the daily maximum 1-hour 
SO2 concentrations are 107.8 ppb for 2018, 32.3 ppb 2019, 
and 66.7 ppb for 2020. Data collected at this monitor show a valid, 
attaining 1-hour SO2 design value of 69 ppb based on 
complete, certified 2018-2020 data. The design value was calculated 
according to the data handling procedures in 40 CFR part 50, Appendix 
T, and is valid for comparison to the NAAQS.
    Based on complete, quality-assured and certified air quality 
monitoring data from 2020 submitted by WDNR, showing attainment of the 
1-hour SO2 primary NAAQS in the area, the EPA is changing 
the initial designation for this area. As noted in Section II of this 
notice, the EPA provided a process in the December 2020 action for 
considering 2020 air quality data if such data supported a change to 
the initial designation for an area. Pursuant to this process, the EPA 
is withdrawing the initial nonattainment designation for portions of 
Outagamie County, Wisconsin, and the EPA is changing the initial 
designation of these portions of Outagamie County to attainment/
unclassifiable, thereby designating the entirety of Outagamie County as 
attainment/unclassifiable. Procedurally, this change in the initial 
designation is consistent with the EPA's early data certification and 
evaluation process, as described previously in this document and in the 
December 2020 action. The table at the end of this document (amendment 
to 40 CFR 81.350) lists the only area for which the EPA is changing the 
initial designation.

IV. Effective Date of This Action

    The effective date of designation of the area addressed in this 
action is April 30, 2021, the same effective date as the December 21, 
2020, final designations action. The EPA is making these changes 
without notice and comment in accordance with section 107(d)(2) of the 
CAA, which exempts the promulgation of these designations from the 
notice and comment provisions of the

[[Page 19578]]

Administrative Procedure Act (APA). Section 553(d) of the APA generally 
provides that rulemakings shall not be effective less than 30 days 
after publication except where the agency finds good cause for an 
earlier date. 5 U.S.C. 553(d)(1) and (3). Were the EPA not to expedite 
the effective date of this action, and instead make the effective date 
30 days after publication, there would be confusion regarding the 
appropriate designation for the affected area in Wisconsin, and the 
state and the EPA would likely have to expend unnecessary time and 
resources at a later time to resolve that confusion. The effective date 
for this action is, therefore, justified because the EPA finds that 
there is good cause to make the rule effective April 30, 2021, because 
it is in the public interest to avoid the potential delay and waste of 
resources associated with allowing the designations in the December 21, 
2020, action to go into effect for this area, and the rule does not 
contain new requirements for which affected entities need time to 
prepare.

V. Comments Received Regarding the EPA's Round 4 Designations

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

VI. Environmental Justice Concerns

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

VII. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act (PRA)

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

C. Regulatory Flexibility Act (RFA)

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

D. Unfunded Mandates Reform Act (UMRA)

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

E. Executive Order 13132: Federalism

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

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

    This action does not have tribal implications, as specified in 
Executive Order 13175. This action concerns the designation of certain 
areas in the U.S. for the 2010 SO2 NAAQS. The CAA provides 
for states, territories, and eligible tribes to develop plans to 
regulate emissions of air pollutants within their areas, as necessary, 
based on the designations. The Tribal Authority Rule (TAR) provides 
tribes the opportunity to apply for eligibility to develop and 
implement CAA programs, such as programs to attain and maintain the 
SO2 NAAQS, but it leaves to the discretion of the tribe the 
decision of whether to apply to develop these programs and which 
programs, or appropriate elements of a program, the tribe will seek to 
adopt. This rule does not have a substantial direct effect on one or 
more Indian tribes. It would not create any additional requirements 
beyond those of the SO2 NAAQS. This rule establishes the 
designations for certain areas of the country for the 2010 
SO2 NAAQS, but no areas of Indian country are being 
designated as nonattainment by this action. Furthermore, this rule does 
not affect the relationship or distribution of power and 
responsibilities between the federal government and Indian tribes. The 
CAA and the TAR establish the relationship of the federal government 
and tribes in developing plans to attain the NAAQS, and this rule does 
nothing to modify that relationship. Thus, Executive Order 13175 does 
not apply.
    Although Executive Order 13175 does not apply to this rule, after 
the EPA promulgated the 2010 primary SO2 NAAQS, the EPA 
communicated with tribal leaders and environmental staff regarding the 
designations process. In 2011, the EPA also sent individualized letters 
to all federally recognized tribes to explain the designation process 
for the 2010 SO2 NAAQS, to provide the EPA designations 
guidance, and to offer consultation with the EPA. The EPA provided 
further information to tribes through presentations at the National 
Tribal Forum and through participation in National Tribal Air 
Association conference calls. The EPA also sent individualized letters 
to all federally recognized tribes that submitted recommendations to 
the EPA about the EPA's intended Round 1 designations for the 
SO2 standard and offered tribal leaders the opportunity for

[[Page 19579]]

consultation.\6\ These communications provided opportunities for tribes 
to voice concerns to the EPA about the general designations process for 
the 2010 SO2 NAAQS, as well as concerns specific to a tribe, 
and informed the EPA about key tribal concerns regarding designations 
as the designations process was under development and through its 
implementation up to that point. For the second, third, and fourth 
rounds of SO2 designations, the EPA sent additional letters 
to tribes that could potentially be affected and offered additional 
opportunities for participation in the designations process.
---------------------------------------------------------------------------

    \6\ These communication letters to the tribes are provided in 
the dockets for Round 1 (Docket ID No. EPA-HQ-OAR-2012-0233), Round 
2 (Docket ID NO. EPA-HQ-OAR-2014-0464), and Round 3 (Docket ID NO. 
EPA-HQ-OAR-2017-0003).
---------------------------------------------------------------------------

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

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

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

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

K. Congressional Review Act (CRA)

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

L. Judicial Review

    Section 307(b)(1) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions of review of final actions by the EPA. 
This section provides, in part, that petitions for review must be filed 
in the Court of Appeals for the District of Columbia Circuit: (i) When 
the agency action consists of ``nationally applicable regulations 
promulgated, or final actions taken, by the Administrator,'' or (ii) 
when such action is locally or regionally applicable, if ``such action 
is based on a determination of nationwide scope or effect and if in 
taking such action the Administrator finds and publishes that such 
action is based on such a determination.'' For locally or regionally 
applicable final actions, the CAA reserves to the EPA complete 
discretion whether to invoke the exception in (ii).
    To the extent a court finds this action locally or regionally 
applicable, the Administrator is exercising the complete discretion 
afforded to him under the CAA to make and publish a finding that this 
action is based on a determination of ``nationwide scope or effect'' 
within the meaning of CAA section 307(b)(1).\7\ As explained in this 
document, this final action withdrawing the designation and 
promulgating a new initial designation of one area for the 2010 
SO2 primary NAAQS supplements the nationally applicable 
December 2020 final action taken by the EPA to issue a fourth round of 
designations for areas across the U.S., located in 21 states, nine EPA 
regions, and 10 federal judicial circuits, for the 2010 SO2 
primary NAAQS.\8\ The December 21, 2020, signed action and this 
supplemental action, replacing the initial designation of one area in 
the December 21, 2020, signed action prior to the effective date of 
that action, are promulgated pursuant to a common, nationwide 
analytical method and interpretation of CAA section 107(d). In other 
words, this supplemental action applies the same uniform, nationwide 
analytical method and interpretation of CAA section 107(d) applied 
across the country in the December 2020 final action, including the 
EPA's nationwide analytical approach to and technical analysis of 
evaluating monitoring data and air quality modeling within the EPA's 
interpretation of statutory terms in the CAA such as the definitions of 
nonattainment, attainment, and unclassifiable under section 107(d)(1) 
of the CAA. Both the supplemental action and the December 21, 2020, 
action are based on this same common core of determinations regarding 
the nationwide analytical method and interpretation of CAA section 
107(d), and the Administrator previously made and published a finding 
in the December 2020 final action that such action is based on a 
determination of ``nationwide scope or effect'' within the meaning of 
CAA section 307(b)(1).\9\ More specifically, this final action is based 
on a determination by the EPA to evaluate areas nationwide under a 
common five factor analysis in determining whether areas are in 
violation of the 2010 SO2 NAAQS, as follows: 1. Air quality 
characterization via ambient monitoring and/or dispersion modeling 
results; 2. emissions-related data; 3. meteorology; 4. geography and 
topography; and 5. jurisdictional boundaries.\10\
---------------------------------------------------------------------------

    \7\ In deciding whether to invoke the exception by making and 
publishing a finding that this final action is based on a 
determination of nationwide scope or effect, the Administrator has 
also taken into account a number of policy considerations, including 
his judgment balancing the benefit of obtaining the D.C. Circuit's 
authoritative centralized review versus allowing development of the 
issue in other contexts and the best use of agency resources.
    \8\ The rulemaking docket, EPA-HQ-OAR-2020-0037, is the same 
docket for both the December 21, 2020, signed action and for this 
supplemental action, with the relevant difference being that in 
addition to the materials it contained regarding this Wisconsin area 
generated through December 21, 2020--the date that action was signed 
by the Administrator--it now also contains the supplemental 
information submitted by Wisconsin related to this area.
    \9\ In the report on the 1977 Amendments that revised section 
307(b)(1) of the CAA, Congress noted that the Administrator's 
determination that the ``nationwide scope or effect'' exception 
applies would be appropriate for any action that has a scope or 
effect beyond a single judicial circuit. See H.R. Rep. No. 95-294 at 
323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03.
    \10\ See ``Area Designations for the 2010 Primary Sulfur Dioxide 
National Ambient Air Quality Standard--Round 4,'' memorandum to 
Regional Air Division Directors, Regions 1-10, from Peter 
Tsirigotis, dated September 5, 2019, available at https://www.epa.gov/sites/production/files/2019-09/documents/round_4_so2_designations_memo_09-05-2019_final.pdf.
---------------------------------------------------------------------------

    For these reasons, the Administrator is exercising the complete 
discretion afforded to him by the CAA and hereby finds that this final 
action is based on a determination of nationwide scope or effect for 
purposes of CAA section 307(b)(1) and is hereby publishing that finding 
in the Federal Register.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the District of

[[Page 19580]]

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

List of Subjects in 40 CFR Part 81

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

Michael S. Regan,
Administrator.

    For the reasons set forth in the preamble, the EPA amends 40 CFR 
part 81 as follows:

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

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

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

Subpart C--Section 107 Attainment Status Designations

0
2. In Sec.  81.350, the table titled ``Wisconsin--2010 Sulfur Dioxide 
NAAQS [Primary]'' is amended by removing the entry for ``Outagamie 
County (part)'', and removing the entry for ``Outagamie County 
(remainder)'' and adding an entry for ``Outagamie County'' in its 
place.
    The addition reads as follows:


Sec.  81.350   Wisconsin.

* * * * *

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

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