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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations
Several environmental and public health advocacy groups, three local government agencies, and the State of Illinois filed a total of six petitions for review challenging the EPAs 2015
ozone NAAQS designations promulgated on April 30, 2018. The District of Columbia Circuit Court consolidated the petitions into a single case, Clean Wisconsin v. EPA, 964 F.3d 1145 D.C. Cir. 2020. Collectively, the petitioners challenged aspects of the EPAs final designations for 17 counties associated with nine nonattainment areas. The petitioners primarily argued that the EPA improperly designated counties in whole or part as attainment that should have been designated as nonattainment because of contribution to nearby counties with violating monitors. In its response brief, the EPA
requested voluntary remand of the final designation decisions for 10 counties
associated with four nonattainment areas to further review those designations.
On July 10, 2020, the District of Columbia Circuit Court granted the EPAs requests for voluntary remand and also remanded several other counties see Clean Wisconsin, 964 F.3d 1145. In total, the Court remanded back to the EPA, 16 counties associated with nine nonattainment areas. The Court did not vacate the initial April 30, 2018, designations, but required the EPA to issue revised designations as expeditiously as practicable. In response to the Court decision, the EPA
re-evaluated the existing technical record, including data and information, that was used for the initial April 2018
designations under a uniform, nationwide analytical approach, to support either revising or affirming the designations for these remanded
counties. Table 1 summarizes the EPAs revised or affirmed 2015 ozone NAAQS
designations for the 14 counties that are addressed in this Federal Register document. The EPA is affirming the designation for one county Ottawa, Michigan and revising the designations for 13 counties. The technical support documents TSDs that describe the reevaluation of these counties are included in the public docket. The amended 40 CFR part 81 tables for the revised designations, which appear in the regulatory tables included at the end of this final rule, identify the revised designation for each remanded county and the classification for each associated nonattainment area. Because the designation for Ottawa County, Michigan is being affirmed, no amendment is needed for the Michigan 40 CFR part 81 table.

TABLE 1REMAND DESIGNATIONS FOR THE 2015 OZONE NAAQS
Nonattainment area name
Remanded county
April 2018 designation
Chicago, IL-IN-WI

Kenosha, WI partial

Partial county nonattainment

McHenry, IL
Porter, IN
Milwaukee, WI partial

Full county attainment
Full county attainment
Partial county nonattainment

Sheboygan, WI

Ozaukee, WI partial
Racine, WI
Waukesha, WI
Washington, WI
Sheboygan, WI partial

Partial county nonattainment
Full county attainment
Full county attainment
Full county attainment
Partial county nonattainment

Manitowoc, WI

Manitowoc, WI partial

Partial county nonattainment

Door, WI

Door, WI partial

Partial county nonattainment

Allegan, MI
St. Louis, MO-IL

Ottawa, MI
Monroe, IL
Jefferson, MO

Full county attainment
Full county attainment
Full county attainment

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Northern Milwaukee/Ozaukee Shoreline, WI.

For the 14 counties that appear in Table 1, as is discussed further in Sections V and VI of this notice, the EPA is exercising its authority to take final action under section 107d of the CAA. For the remaining two remanded counties El Paso County, Texas and Weld County, Colorado, a different process is required, and the EPA is addressing those two counties in a separate Federal Register document. As discussed in Section V of this document, CAA section 107d specifies that whenever the EPA Administrator intends to make a modification to a states designation recommendation, the EPA must notify the state and provide the state with the opportunity to submit
additional information to demonstrate why the EPAs intended modification is inappropriate. The EPA is required to give the notification no later than 120
days before promulgating the final designation, including any modification thereto.
For the 14 counties that appear in Table 1, the EPA sent letters to the relevant states on December 20, 2017, notifying each state that the Agency intended to modify the states designation recommendation, and providing the states with 120 days to submit additional information regarding each countys designation. However, both at the intended designations stage and in the final designations issued in April 2018, the EPA agreed with the
Texas area. In Round 3 83 FR 35136; July 17, 2018, the EPA designated one county in the San Antonio
area as nonattainment and the other seven counties as attainment/unclassifiable.

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Remand designation Expanded partial county nonattainment.
Full county nonattainment.
Partial county nonattainment.
Full county nonattainment.
Full county nonattainment.
Partial county nonattainment.
Partial county nonattainment.
Partial county nonattainment.
Expanded partial county nonattainment.
Expanded partial county nonattainment.
Expanded partial county nonattainment.
Full county attainment.
Full county nonattainment.
Full county nonattainment.

state recommendations for El Paso County, Texas and Weld County, Colorado. Now, in response to the court remand, the EPA intends to make modifications to the state recommendations for those two counties. Therefore, the EPA must conduct a 120-day notification process related to the counties. Concurrent with this Federal Register document governing 14 of the remanded counties, the EPA is sending letters to Texas and Colorado to notify them of the intended modifications. The EPA is also issuing a notice of availability for these letters and offering a public comment period.

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