Air Quality Designations for the 2010 Sulfur Dioxide (SO2
| Published date | 14 April 2021 |
| Citation | 86 FR 19576 |
| Record Number | 2021-07574 |
| Section | Rules and Regulations |
| Court | Environmental Protection Agency |
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1
The Round 4 2010 SO
2
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
traffic a crewmember from the train will
initiate a SECURITE call on VHF–FM
Marine Channel 16 that the bridge will
be lowering for train traffic and invite
any concerned mariners to contact the
drawtender on VHF–FM Marine
Channel 12. The drawtender will also
visually monitor for vessel traffic and
listen for the standard bridge opening
signal of one prolonged blast and one
short blast from vessels already
transiting the waterway. After the ten
minute warning, another SECURITE call
shall be made on VHF–FM Marine
Channel 16 that the bridge will be
lowering for rail traffic five minutes
before lowering. Once the drawtender is
satisfied that it is safe, the bridge will
be lowered for rail traffic. Once the rail
traffic has cleared the bridge, the bridge
shall be raised and locked in the fully
open to navigation position.
(d) The draw of the Conrail Bridge,
mile 1.48, is remotely operated, is
required to operate a radiotelephone,
and shall open on signal.
Dated: April 2, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2021–07649 Filed 4–13–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2020–0037; FRL–10022–22–
OAR]
Air Quality Designations for the 2010
Sulfur Dioxide (SO
2
) 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 (SO
2
)
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 SO
2
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: leith.andrew@epa.gov. 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: liu.alisa@epa.gov.
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 SO
2
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
SO
2
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 SO
2
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
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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.
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.
3
The 2010 1-hour SO
2
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.
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.
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.
The purpose of this supplemental
action is to withdraw the SO
2
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
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 SO
2
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 SO
2
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 SO
2
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
On January 13, 2021, the WDNR
submitted complete, quality-assured,
and certified SO
2
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.
The Kaukauna monitor is located 1.53
kilometers north northeast of the
Ahlstrom-Munksjo
¨NA Specialty
Solutions, LLC—Kaukauna facility. The
monitor was sited to characterize the
maximum 1-hour SO
2
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 SO
2
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 SO
2
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 SO
2
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
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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 SO
2
concentrations at the Kaukauna monitor
have decreased since 2018. WDNR
predicted that the 2018–2020 design
value would be below the 2010 SO
2
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 SO
2
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 SO
2
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 SO
2
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 SO
2
NAAQS. This
rule establishes the designations for
certain areas of the country for the 2010
SO
2
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 SO
2
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 SO
2
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 SO
2
standard and offered tribal
leaders the opportunity for
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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).
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.
consultation.
6
These communications
provided opportunities for tribes to
voice concerns to the EPA about the
general designations process for the
2010 SO
2
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 SO
2
designations, the EPA sent additional
letters to tribes that could potentially be
affected and offered additional
opportunities for participation in the
designations process.
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 SO
2
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 SO
2
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 SO
2
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
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
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19580
Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Rules and Regulations
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
■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
■2. In § 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:
§ 81.350 Wisconsin.
* * * * *
W
ISCONSIN
–2010 S
ULFUR
D
IOXIDE
NAAQS
[Primary]
Designated area
1
Designation
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 in-
tended 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
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2021–0003; Internal
Agency Docket No. FEMA–8675]
Suspension of Community Eligibility
AGENCY
: Federal Emergency
Management Agency, DHS.
ACTION
: Final rule.
SUMMARY
: This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur.
Information identifying the current
participation status of a community can
be obtained from FEMA’s CSB available
at www.fema.gov/flood-insurance/work-
with-nfip/community-status-book.
Please note that per Revisions to
Publication Requirements for
Community Eligibility Status
Information Under the National Flood
Insurance Program, notices such as this
one for scheduled suspension will no
longer be published in the Federal
Register as of June 2021 but will be
available at National Flood Insurance
Community Status and Public
Notification | FEMA.gov. Individuals
without internet access will be able to
contact their local floodplain
management official and/or State NFIP
Coordinating Office directly for
assistance.
DATES
: The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT
: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Adrienne L.
Sheldon, PE, CFM, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 400 C
Street SW, Washington, DC 20472, (202)
674–1087. Details regarding updated
publication requirements of community
eligibility status information under the
NFIP can be found on the CSB section
at www.fema.gov.
SUPPLEMENTARY INFORMATION
: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives, new and
substantially improved construction,
and development in general from future
flooding. Section 1315 of the National
Flood Insurance Act of 1968, as
amended, 42 U.S.C. 4022, prohibits the
sale of NFIP flood insurance unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with NFIP regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date listed in
the third column. As of that date, flood
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