Federal Register - July 16, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations
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1-hour SO2 primary NAAQS,1
designations are based on the EPAs 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 EPAs SO2
designations website.2
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.
In a notice of proposed rulemaking NPRM published on September 2, 1 The 2010 1-hour SO NAAQS is met when the 2
design value is 75 parts per billion ppb or less.
2 https www.epa.gov/sulfur-dioxidedesignations.
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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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 states submittal and the rationale for the EPAs 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 107d3D. 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 107d3, 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
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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 107d 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 107d are not among the list of actions that are subject to the notice-and-comment rulemaking requirements of CAA section 307d.
D. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538 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.

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Federal Register - July 16, 2021

TitoloFederal Register

PaeseStati Uniti

Data16/07/2021

Conteggio pagine229

Numero di edizioni7798

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