[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Rules and Regulations]
[Pages 37683-37686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14376]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2020-0292; FRL-7822-01-OAR]
RIN 2060-AU79
Redesignation of Certain Unclassifiable Areas for the 2010 1-Hour
Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard
(NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is redesignating the
Lancaster County, Nebraska and Milam County, Texas unclassifiable areas
initially designated during the EPA's Round 2 air quality designations
for the 2010 1-Hour Sulfur Dioxide (SO2) Primary National
Ambient Air Quality Standard (NAAQS). Specifically, the EPA now has
sufficient information to determine that these unclassifiable areas in
Nebraska and Texas are attaining the 2010 1-hour SO2 primary
NAAQS. Therefore, the EPA is redesignating these areas to attainment/
unclassifiable for the 2010 1-hour SO2 primary NAAQS. The
EPA is also approving these states' requests to redesignate the areas.
DATES: This final rule is effective on August 16, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2020-0292. All documents in the docket are
listed in the https://www.regulations.gov. 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. Our Docket Center staff will continue to provide remote
customer service via email, phone, and webform. For further information
on the 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 Gobeail McKinley, U.S. EPA, Office of Air
Quality Planning and Standards, Air Quality Policy Division, C539-04,
Research Triangle Park, NC 27709, by email at [email protected].
The following EPA Regional office contacts can answer questions
regarding the specific areas being redesignated:
U.S. EPA REGIONAL OFFICE CONTACTS:
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Regional office Affected state Contact Telephone Email
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Region VI....................... Texas............. Robert Imhoff..... (214) 665-7262.... [email protected].
Region VII...................... Nebraska.......... Will Stone........ (913) 551-7714.... [email protected].
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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
redesignations at https://www.epa.gov/sulfur-dioxide-designations and
in the public docket for these SO2 redesignations at https://www.regulations.gov under Docket ID No. EPA-HQ-OAR-2020-0292.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' means the EPA.
I. Background
After the promulgation of a new or revised NAAQS, the EPA is
required to designate all areas of the country, pursuant to section
107(d)(1)-(2) of the Clean Air Act (CAA). For the 2010
[[Page 37684]]
1-hour SO2 primary NAAQS,\1\ designations are based on the
EPA's application of the nationwide analytical approach to, and
technical assessment of, the weight of evidence for each area,
including but not limited to available air quality monitoring data and
air quality modeling results. Pursuant to a March 2, 2015, consent
decree and court-ordered schedule, the EPA finalized a second set of
initial area designations for the 2010 1-hour SO2 NAAQS in
2016 (also called, ``Round 2''). For the Round 2 designations, the EPA
designated the entirety of Lancaster County in Nebraska and the
entirety of Milam County in Texas as unclassifiable. The Round 2
intended designations for Lancaster County, Nebraska and Milam County,
Texas were published on March 1, 2016. (81 FR 10563). The final
designation for Lancaster County, Nebraska published on July 12, 2016.
(81 FR 45039). The final designation for Milam County, Texas was
published on December 13, 2016, as part of a supplement to the larger
Round 2 designation action. (81 FR 89870). Detailed rationale,
analyses, and other information supporting the designation for these
two areas can be found in the intended and final Round 2 designations'
technical support documents for Nebraska and Texas, respectively. These
Round 2 documents, along with all other supporting materials for the
initial 2010 1-hour SO2 primary NAAQS designations for these
areas, can be found on the EPA's SO2 designations
website.\2\
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\1\ The 2010 1-hour SO2 NAAQS is met when the design
value is 75 parts per billion (ppb) or less.
\2\ https://www.epa.gov/sulfur-dioxide-designations.
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On May 6, 2020, Nebraska submitted a letter \3\ to the EPA
requesting that the entirety of Lancaster County be redesignated to
attainment/unclassifiable based on newly available monitoring
information, which demonstrates attainment of the 2010 1-hour
SO2 NAAQS. On June 26, 2020, Texas submitted a letter \4\ to
the EPA requesting that the entirety of Milam County be redesignated to
attainment/unclassifiable based on newly available monitoring
information, which demonstrates attainment of the 2010 1-hour
SO2 NAAQS.
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\3\ See letter dated May 6, 2020, from Pete Ricketts, Governor
of the State of Nebraska to Jim Gilliford, Regional Administrator,
EPA Region 7. This letter is included in the docket for this action.
\4\ See letter dated June 26, 2020, from Toby Baker, Executive
Director of the Texas Commission of Environmental Quality to Ken
McQueen, Regional Administrator, EPA Region 6. This letter is
included in the docket for this action.
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In a notice of proposed rulemaking (NPRM) published on September 2,
2020 (85 FR 54517), the EPA proposed to redesignate to attainment/
unclassifiable the unclassifiable portions of Franklin and St. Charles
Counties in Missouri; the entirety of Lancaster County in Nebraska; the
entirety of Gallia County and the unclassifiable portion of Meigs
County in Ohio; and the entirety of Milam County in Texas. As discussed
in the NPRM, this final action is based on the currently available
monitoring data for two of the areas included in that NPRM that
demonstrate attainment of the 2010 1-hour SO2 primary NAAQS.
Additionally, in that NPRM, the EPA proposed to approve requests for
redesignation from the states of Nebraska, Ohio, and Texas for the
areas subject to the notice. The 30-day public comment period for the
NPRM closed on October 2, 2020. The EPA did not receive any comments
specific to the proposed redesignations of Lancaster County in Nebraska
and Milam County in Texas. This action only addresses the redesignation
of Lancaster County, Nebraska and Milam County, Texas. The areas in
Missouri and Ohio received adverse comments and will be addressed in
separate rulemaking actions. The details of each state's submittal and
the rationale for the EPA's actions are further explained in the NPRM.
II. Final Action
In this action, the EPA is taking final action to redesignate
Lancaster County, Nebraska and Milam County, Texas to attainment/
unclassifiable for the 2010 1-hour SO2 primary NAAQS
pursuant to CAA section 107(d)(3)(D). The EPA is also taking final
action to approve a request for redesignation from unclassifiable to
attainment/unclassifiable for the 2010 SO2 primary NAAQS
from the state of Nebraska dated May 6, 2020, and from the state of
Texas dated June 26, 2020. This action changes the legal designation
for these areas, found at 40 CFR part 81, from unclassifiable to
attainment/unclassifiable for the 2010 1-hour SO2 primary
NAAQS.
III. 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 action addresses redesignation
determinations for two areas for the 2010 SO2 NAAQS. Under
CAA section 107(d)(3), the redesignation of an area to attainment/
unclassifiable is an action that affects the status of a geographical
area and does not impose any additional regulatory requirements on
sources beyond those imposed by state law. A redesignation to
attainment/unclassifiable does not in and of itself create any new
requirements. Accordingly, this final action merely redesignates areas
to attainment/unclassifiable and does not impose additional
requirements. Area redesignations 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.
IV. 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 the Office of Management and Budget
(OMB) and was, therefore, not submitted to OMB for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action is a redesignation of two areas to attainment/
unclassifiable is an action that affects the status of a geographical
area and does not impose any additional regulatory requirements on
sources beyond those imposed by state law. Therefore, this final
rulemaking does not impose any new information collection burden under
the PRA.
C. Regulatory Flexibility Act (RFA)
This redesignation 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 Administrative Procedures Act (APA),
5 U.S.C. 553, or any other statute. Redesignations 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.
[[Page 37685]]
E. 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000) because no tribal
lands are located within the areas covered in this action and the
redesignation does not create new requirements. The EPA notes this
final redesignation action will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only 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 concern an environmental
health risk or safety risk.
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
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 III of
this preamble, ``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 United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Judicial Review
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 appropriate circuit by September 14, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See CAA section 307(b)(2).
V. Statutory Authority
The statutory authority for this action is provided by 42 U.S.C.
7401, et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, Sulfur oxides.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble, the EPA amends title 40 CFR
part 81as set forth below:
PART 81--DESIGNATION 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.
0
2. In Sec. 81.328, the table titled, ``Nebraska-2010 Sulfur Dioxide
NAAQS [Primary]'' is amended by revising the entry for ``Lancaster
County'' and redesignating it alplabetically under ``Statewide'' before
the entry for ``Lincoln County'' to read as follows:
Sec. 81.328 Nebraska.
* * * * *
Nebraska--2010 Sulfur Dioxide NAAQS
[Primary]
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Designation
Designated area \1\ ------------------------------------------------------------------------------
Date \2\ Type
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* * * * * * *
Lancaster County................. August 16, 2021....................... Attainment/Unclassifiable.
* * * * * * *
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\1\ 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.
\2\ This date is April 9, 2018, unless otherwise noted.
* * * * *
0
3. In Sec. 81.344, the table titled ``Texas--2010 Sulfur Dioxide NAAQS
[Primary]'' is amended by revising the entry for ``Milam County, TX''
to read as follows:
Sec. 81.344 Texas.
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[[Page 37686]]
Texas--2010 Sulfur Dioxide NAAQS
[Primary]
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Designation
Designated area ------------------------------------------------------------------------------
Date Type
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* * * * * * *
Milam County, TX................. August 16, 2021....................... Attainment/Unclassifiable.
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\1\ 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.
\2\ This date is April 9, 2018, unless otherwise noted.
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[FR Doc. 2021-14376 Filed 7-15-21; 8:45 am]
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