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Rule2021-11454

Revised Air Quality Designations for the 2015 Ozone National Ambient Air Quality Standards

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Published

June 14, 2021

Effective

July 14, 2021

Issuing agencies

Environmental Protection Agency

Abstract

This final action revises or affirms the initial air quality designations for 14 counties associated with seven nonattainment areas for the 2015 primary and secondary National Ambient Air Quality Standards (NAAQS) for ozone. In a July 10, 2020, decision, the District of Columbia Circuit Court remanded to the Environmental Protection Agency (EPA or Agency), but did not vacate, the April 30, 2018, designations for 16 counties associated with nine nonattainment areas located in seven states. In response, the EPA has re-evaluated the designations for the remanded counties by applying a uniform, nationwide analytical approach and interpretation of the designation provisions of the Clean Air Act (CAA) in considering the specific facts and circumstances of the areas using only data and information available at the time of the original designations. In this final action, the EPA is revising the designations and/or boundaries of 13 counties associated with six nonattainment areas in four states (Illinois, Indiana, Missouri, and Wisconsin) and is affirming the April 30, 2018, designation of one county associated with a nonattainment area in Michigan. The EPA is addressing the two additional remanded counties associated with two nonattainment areas in a separate Federal Register document.

Full Text

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<title>Federal Register, Volume 86 Issue 112 (Monday, June 14, 2021)</title>
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[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Rules and Regulations]
[Pages 31438-31448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11454]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2017-0548; FRL-10019-90-OAR]
RIN 2060-AV06

Revised Air Quality Designations for the 2015 Ozone National
Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final action revises or affirms the initial air quality
designations for 14 counties associated with seven nonattainment areas
for the 2015 primary and secondary National Ambient Air Quality
Standards (NAAQS) for ozone. In a July 10, 2020, decision, the District
of Columbia Circuit Court remanded to the Environmental Protection
Agency (EPA or Agency), but did not vacate, the April 30, 2018,
designations for 16 counties associated with nine nonattainment areas
located in seven states. In response, the EPA has re-evaluated the
designations for the remanded counties by applying a uniform,
nationwide analytical approach and interpretation of the designation
provisions of the Clean Air Act (CAA) in considering the specific facts
and circumstances of the areas using only data and information
available at the time of the original designations. In this final
action, the EPA is revising the designations and/or boundaries of 13
counties associated with six nonattainment areas in four states
(Illinois, Indiana, Missouri, and Wisconsin) and is affirming the April
30, 2018, designation of one county associated with a nonattainment
area in Michigan. The EPA is addressing the two additional remanded
counties associated with two nonattainment areas in a separate Federal
Register document.

DATES: The effective date of this rule is July 14, 2021.

ADDRESSES: The EPA has established a public docket for these ozone
designations at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket ID No. EPA-HQ-
OAR-2017-0548.\1\ Although listed in the docket 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.
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\1\ The <a href="https://www.regulations.gov">https://www.regulations.gov</a> platform is in the process
of being upgraded. Users may be automatically redirected to <a href="https://beta.regulations.gov">https://beta.regulations.gov</a>. Both website addresses contain the same
information.
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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 <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
In addition, the EPA has established a website for the designations
for the 2015 ozone NAAQS at <a href="https://www.epa.gov/ozone-designations">https://www.epa.gov/ozone-designations</a>. The
website includes the EPA's final revised designations action, technical
support documents, revised responses to comments and other related
information.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this
action, contact Carla Oldham, Office of Air Quality Planning and
Standards,

[[Page 31439]]

U.S. Environmental Protection Agency, Mail Code C539-01, Research
Triangle Park, N.C. 27711, phone number (919) 541-3347 or by email at:
<a href="/cdn-cgi/l/email-protection#147b78707c75793a7775667875547164753a737b62">[email&#160;protected]</a>. The following EPA contacts can answer questions
regarding areas affiliated with a particular EPA Regional office:
Region 5--Eric Svingen, telephone (312) 353-4489, email at
<a href="/cdn-cgi/l/email-protection#502326393e37353e7e35223933103520317e373f26">[email&#160;protected]</a>.
Region 6--Carrie Paige, telephone (214) 665-6521, email at
<a href="/cdn-cgi/l/email-protection#2b5b4a424c4e05484a5959424e6b4e5b4a054c445d">[email&#160;protected]</a>.
Region 7-Ashley Keas, telephone (913) 551-7629, email at
<a href="/cdn-cgi/l/email-protection#6d06080c1e430c1e050108142d081d0c430a021b">[email&#160;protected]</a>.
Region 8--Abby Fulton, telephone (303) 312-6563, email at
<a href="/cdn-cgi/l/email-protection#e5839089918a8bcb8487879ca5809584cb828a93">[email&#160;protected]</a>.

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Regional offices Affected state(s)
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EPA Region 5--Air Programs Branch, Air & Illinois, Indiana, Michigan,
Radiation Division (AR-18J), 77 West and Wisconsin.
Jackson Boulevard, Chicago, Illinois
60604.
EPA Region 6--State Planning & Texas.
Implementation Branch, 1201 Elm Street,
Dallas, Texas 75270.
EPA Region 7--Air Quality Planning Missouri.
Branch, 11201 Renner Boulevard, Lenexa,
Kansas 66219.
EPA Region 8--Air Quality Planning Colorado.
Branch, 1595 Wynkoop Street, Denver,
Colorado 80202.
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Most of the EPA's 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 EPA's final action responding to the July 10, 2020, Court Decision
online at <a href="https://www.epa.gov/ozone-designations">https://www.epa.gov/ozone-designations</a> and also in the public
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket ID No. EPA-HQ-OAR-
2017-0548.

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 action?
III. What is ozone and how is it formed?
IV. What are the 2015 ozone NAAQS and the health and welfare
concerns they address?
V. What are the CAA requirements for air quality designations?
VI. What is the chronology for this designations action and what
guidance did the EPA provide?
VII. What air quality data have the EPA used to designate the
remanded areas for the 2015 ozone NAAQS?
VIII. What are the ozone air quality classifications and
implementation dates?
IX. Rural Transport Area Determination for the Revised Door County,
Wisconsin Designation
X. Environmental Justice Concerns
XI. 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 Governments
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
CAA Clean Air Act
CFR Code of Federal Regulations
CRA Congressional Review Act
D.C. District of Columbia
EPA Environmental Protection Agency
FR Federal Register
NAAQS National Ambient Air Quality Standards
NTTAA National Technology Transfer and Advancement Act
ppm Parts per million
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
RTA Rural Transport Area
SIP State Implementation Plan
TAR Tribal Authority Rule
TSD Technical Support Document
UMRA Unfunded Mandate Reform Act
U.S. United States
VOC Volatile Organic Compound

II. What is the purpose of this action?

The purpose of this final action is to announce and promulgate
revised 2015 ozone NAAQS designations for 13 counties in response to
the July 10, 2020, decision by the District of Columbia Circuit Court
that remanded the counties to the EPA for further consideration. The
affected counties were initially designated on April 30, 2018. This
action also modifies and expands the rationale supporting the
designation for one county that was remanded to the EPA by the court
but remains identical to the initial April 30, 2018, designation. The
EPA is addressing the two additional remanded counties that require a
different process in a document published elsewhere in this issue of
the Federal Register.
On October 1, 2015, the EPA promulgated revised primary and
secondary NAAQS for ozone (80 FR 6592; October 26, 2015). In that
action, the EPA strengthened both standards to a level of 0.070 parts
per million (ppm), while retaining their indicators, averaging times,
and forms. The EPA revised the ozone standards based on an integrated
assessment of an extensive body of new scientific evidence, which
substantially strengthens our knowledge regarding ozone-related health
and welfare effects, the results of exposure and risk analyses, the
advice of the Clean Air Scientific Advisory Committee and consideration
of public comments.
The process for designating areas following promulgation of a new
or revised NAAQS is contained in the CAA section 107(d) (42 U.S.C.
7407(d)). After promulgation of a new or revised NAAQS, the CAA
requires the EPA to determine if areas in the country meet the new
standards. Accordingly, the EPA designated all areas of the country as
to whether they met, or did not meet, the NAAQS in three rounds.\2\
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\2\ The EPA designated areas for the 2015 Ozone NAAQS in three
rounds, resulting in 52 nonattainment areas. In Round 1 (82 FR
54232; November 6, 2017), the EPA designated 2,646 counties, two
separate tribal areas and five territories as attainment/
unclassifiable, and one area as unclassifiable. In Round 2 (83 FR
25776; April 30, 2018), the EPA designated 51 nonattainment areas,
one unclassifiable area, and all remaining areas as attainment/
unclassifiable, except for the eight counties in the San Antonio,
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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[[Page 31440]]

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 EPA's 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 EPA's 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 EPA's 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 EPA's 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 re-
evaluation 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 1--Remand Designations for the 2015 Ozone NAAQS
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Nonattainment area name Remanded county April 2018 designation Remand designation
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Chicago, IL-IN-WI.................... Kenosha, WI (partial).. Partial county Expanded partial county
nonattainment. nonattainment.
McHenry, IL............ Full county attainment. Full county
nonattainment.
Porter, IN............. Full county attainment. Partial county
nonattainment.
Northern Milwaukee/Ozaukee Shoreline, Milwaukee, WI (partial) Partial county Full county
WI. nonattainment. nonattainment.
Ozaukee, WI (partial).. Partial county Full county
nonattainment. nonattainment.
Racine, WI............. Full county attainment. Partial county
nonattainment.
Waukesha, WI........... Full county attainment. Partial county
nonattainment.
Washington, WI......... Full county attainment. Partial county
nonattainment.
Sheboygan, WI........................ Sheboygan, WI (partial) Partial county Expanded partial county
nonattainment. nonattainment.
Manitowoc, WI........................ Manitowoc, WI (partial) Partial county Expanded partial county
nonattainment. nonattainment.
Door, WI............................. Door, WI (partial)..... Partial county Expanded partial county
nonattainment. nonattainment.
Allegan, MI.......................... Ottawa, MI............. Full county attainment. Full county attainment.
St. Louis, MO-IL..................... Monroe, IL............. Full county attainment. Full county
nonattainment.
Jefferson, MO.......... Full county attainment. Full county
nonattainment.
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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 107(d) 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 107(d) specifies
that whenever the EPA Administrator intends to make a modification to a
state's designation recommendation, the EPA must notify the state and
provide the state with the opportunity to submit additional information
to demonstrate why the EPA's 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 state's designation recommendation, and
providing the states with 120 days to submit additional information
regarding each county's designation. However, both at the intended
designations stage and in the final designations issued in April 2018,
the EPA agreed with the 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.

[[Page 31441]]

III. What is ozone and how is it formed?

Ground-level ozone is a gas that is formed by the reaction of
volatile organic compounds (VOCs) and oxides of nitrogen
(NO<INF>X</INF>) in the atmosphere in the presence of sunlight. These
precursor emissions are emitted by many types of pollution sources,
including power plants and industrial emissions sources, on-road and
off-road motor vehicles and engines, and smaller sources, collectively
referred to as area sources. Ozone is predominately a summertime air
pollutant. However, high ozone concentrations have also been observed
in cold months, where a few areas in the Western United States (U.S.)
have experienced high levels of local VOC and NO<INF>X</INF> emissions
that have formed ozone when snow is on the ground and temperatures are
near or below freezing. Ozone and ozone precursors can be transported
to an area from sources in nearby areas or from sources located
hundreds of miles away. For purposes of determining ozone nonattainment
area boundaries, the CAA requires the EPA to include areas that
contribute to nearby violations of the NAAQS.

IV. What are the 2015 ozone NAAQS and the health and welfare concerns
they address?

On October 1, 2015, the EPA revised both the primary and secondary
NAAQS for ozone to a level of 0.070 ppm (annual fourth-highest daily
maximum 8-hour average concentration, averaged over 3 years).\3\ The
level of the ozone NAAQS previously set in 2008 is 0.75 ppm. The 2015
ozone NAAQS retain the same general form and averaging time as the 2008
ozone NAAQS.
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\3\ See 80 FR 65296; October 26, 2015, for a detailed
explanation of the calculation of the 3-year, 8-hour average and 40
CFR part 50, appendix U.
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The primary ozone standards provide protection for children, older
adults, and people with asthma or other lung diseases, and other at-
risk populations against an array of adverse health effects that
include reduced lung function, increased respiratory symptoms and
pulmonary inflammation; effects that contribute to emergency department
visits or hospital admissions; and mortality. The secondary ozone
standards protect against adverse effects to the public welfare,
including those related to impacts on sensitive vegetation and forested
ecosystems.

V. What are the CAA requirements for air quality designations?

After the EPA promulgates a new or revised NAAQS, the EPA is
required to designate all areas in the country as nonattainment,
attainment, or unclassifiable, for that NAAQS pursuant to section
107(d)(1)-(2) of the CAA. Section 107(d)(1)(A)(i) of the CAA defines a
nonattainment area as an area that does not meet the NAAQS or that
contributes to a nearby area that does not meet the NAAQS. An
attainment area is defined by the CAA as any area that meets the NAAQS
and does not contribute to any nearby areas that do not meet the NAAQS.
Unclassifiable areas are defined by the CAA as those that cannot be
classified on the basis of available information as meeting or not
meeting the NAAQS
Historically for ozone, the EPA has designated most areas that do
not meet the definition of nonattainment as unclassifiable/attainment.
This category includes areas that have air quality monitoring data
meeting the NAAQS and areas that do not have monitors but for which the
EPA has no evidence that the areas may be violating the NAAQS or
contributing to a nearby violation. In the designations for the 2015
ozone NAAQS, the EPA has reversed the order of the label to be
attainment/unclassifiable to better convey the definition of the
designation category and so that the category is more easily
distinguished from the separate unclassifiable category. In a few
instances, based on circumstances where some monitoring data are
available but are not sufficient for a determination that an area is or
is not attaining the NAAQS, the EPA has designated an area as
unclassifiable.
The EPA notes that CAA section 107(d) provides the Agency with
discretion to determine how best to interpret the terms in the
definition of a nonattainment area (e.g., ``contributes to'' and
``nearby'') for a new or revised NAAQS, given considerations such as
the nature of a specific pollutant, the types of sources that may
contribute to violations, the form of the standards for the pollutant,
and other relevant information. In particular, the EPA's position is
that the statute does not require the Agency to establish bright line
tests or thresholds for what constitutes ``contribution'' or ``nearby''
for purposes of designations.\4\
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\4\ This view was confirmed in Catawba County v. EPA, 571 F.3d
20 (D.C. Cir. 2009).
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Similarly, the EPA's position is that the statute permits the EPA
to evaluate the appropriate application of the term ``area'' to include
geographic areas based upon full or partial county boundaries, as may
be appropriate for a particular NAAQS. For example, CAA section
107(d)(1)(B)(ii) explicitly provides that the EPA can make
modifications to designation recommendations for an area ``or portions
thereof,'' and under CAA section 107(d)(1)(B)(iv) a designation remains
in effect for an area ``or portion thereof'' until the EPA redesignates
it.
Section 107(d)(1)(B) of the CAA requires the EPA to issue initial
area designations within 2 years of promulgating a new or revised
NAAQS. However, if the Administrator has insufficient information to
make these designations within that time frame, the EPA has the
authority to extend the deadline for designation decisions by up to 1
additional year.
By no later than 1 year after the promulgation of a new or revised
NAAQS, CAA section 107(d)(1)(A) provides that each state governor shall
recommend air quality designations, including the appropriate
boundaries for areas, to the EPA. The EPA reviews those state
recommendations and is authorized to make any modifications the
Administrator deems necessary. The statute does not define the term
``necessary,'' but the EPA interprets this to authorize the
Administrator to modify designation recommendations that are
inconsistent with the statutory language, including modification of
recommended boundaries for nonattainment areas that are not supported
by the facts or analysis. If the EPA intends to modify a state's
recommendation, section 107(d)(1)(B) of the CAA requires the EPA to
notify the state of any such intended modifications not less than 120
days prior to the EPA's promulgation of the final designation. These
notifications are commonly known as the ``120-day letters.'' During
this period, if the state does not agree with the EPA's proposed
modification, it has an opportunity to respond to the EPA and to
demonstrate why it believes the modification proposed by the EPA is
inappropriate. If a state fails to provide any recommendation for an
area, in whole or in part, the EPA must promulgate a designation that
the Administrator deems appropriate, pursuant to CAA section
107(d)(1)(B)(ii).
Section 301(d) of the CAA authorizes the EPA to approve eligible
Indian tribes to implement provisions of the CAA on Indian reservations
and other areas within the tribes' jurisdiction. The Tribal Authority
Rule (TAR) (40 CFR part 49), which implements section 301(d) of the
CAA, sets forth the criteria and process for tribes to apply to the EPA
for eligibility to administer CAA programs. The designations process
contained in section 107(d) of the CAA is included among those
provisions determined to be appropriate by the

[[Page 31442]]

EPA for treatment of tribes in the same manner as states. Under the
TAR, tribes generally are not subject to the same submission schedules
imposed by the CAA on states. As authorized by the TAR, tribes may seek
eligibility to submit designation recommendations to the EPA.

VI. What is the chronology for this designations action and what
guidance did the EPA provide?

On February 25, 2016, the EPA issued guidance for states and tribal
agencies to use for purposes of making designation recommendations as
required by CAA section 107(d)(1)(A). (See February 25, 2016,
memorandum from Janet G. McCabe, Acting Assistant Administrator, to
Regional Administrators, Regions 1-10, titled, ``Area Designations for
the 2015 Ozone National Ambient Air Quality Standards'' (Designations
Guidance)). The Designations Guidance provided the anticipated timeline
for designations and identified important factors that the EPA
recommended states and tribes consider in making their recommendations
and that EPA intended to consider in promulgating designations. These
factors include air quality data, emissions and emissions-related data,
meteorological data, geography/topography, and jurisdictional
boundaries. In the Designations Guidance, the EPA asked that states and
tribes submit their designation recommendations, including appropriate
area boundaries, to the EPA by October 1, 2016. The EPA had previously
issued two guidance memoranda related to designating areas of Indian
country that also apply for designations for the 2015 ozone NAAQS. (See
December 20, 2011, memorandum from Stephen D. Page, Director, Office of
Air Quality Planning and Standards, to Regional Air Directors, Regions
I-X, titled, ``Policy for Establishing Separate Air Quality
Designations for Areas of Indian Country,'' (Tribal Designations
Guidance) and December 20, 2011, memorandum from Stephen D. Page,
Director, Office of Air Quality Planning and Standards, to Regional Air
Directors, Regions I-X, titled, ``Guidance to Regions for Working with
Tribes during the National Ambient Air Quality Standards (NAAQS)
Designations Process.'') In the Designation Guidance, the EPA indicated
the Agency expected to complete the initial designations for the 2015
ozone NAAQS on a 2-year schedule, by October 1, 2017, consistent with
CAA 107(d)(1)(B)(i).
On November 6, 2017, the EPA designated as attainment/
unclassifiable 2,646 counties,\5\ including tribal lands within those
counties, for which the states recommended a designation of attainment
or attainment/unclassifiable. This represents approximately 85 percent
of the counties in the U.S. The EPA also designated a three-county area
in Washington as unclassifiable as recommended by the state. Consistent
with the EPA's Tribal Designation Guidance, the EPA designated two
areas of Indian country (Fond du Lac Band of Lake Superior Chippewa
Indians and Forest County Potawatomi Community) as separate attainment/
unclassifiable areas.
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\5\ Any reference to ``counties'' in this action also includes
non-county administrative or statistical areas that are comparable
to counties. Louisiana parishes; the organized boroughs of Alaska;
the District of Columbia; and the independent cities of the States
of Virginia, Maryland, Missouri, and Nevada are equivalent to
counties for administrative purposes. Alaska's Unorganized Borough
is divided into 10 census areas that are statistically equivalent to
counties. As of 2017, there are currently 3,142 counties and county-
equivalents in the United States.
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On or about December 22, 2017, the EPA sent 120-day letters to
Governors and tribal leaders notifying them of the EPA's preliminary
response to their designation recommendations for all areas of the
country not designated in the November 2017 action, with the exception
of eight counties in the San Antonio metropolitan area. For the areas
addressed in the 120-day letters, the EPA requested that states and
tribes submit any additional information that they wanted the EPA to
consider in making final designation decisions by February 28, 2018,
including any certified 2017 air quality monitoring data.
Although not required by section 107(d)(2)(B) of the CAA, the EPA
also provided a 30-day public comment period on the designation
recommendations from states and tribes and the EPA's intended
designations addressed in the 120-day letters to states and tribes. The
EPA announced the public comment period in the Federal Register on
January 5, 2018 (83 FR 651).
On April 30, 2018, the EPA finalized designations for the areas
addressed in the 120-day letter responses to states and tribes. In
response to the Clean Wisconsin court decision relating to that April
30, 2018, action, the EPA has again applied a uniform, nationwide
analytical approach and interpretation of CAA section 107(d)(1) to
these areas across the country and reviewed the state and tribal
responses and public comments, as well as reviewed the court decision
itself, in the Agency's decision to revise certain designations
remanded by the court. Comments from the states, tribes and the public,
and EPA's updated responses to significant comments, are also available
in the docket along with the individual TSDs for areas with associated
remanded counties.
In the Clean Wisconsin decision, the D.C. Circuit directed the EPA
to complete a process to revise, as appropriate, its April 2018
designations for the remanded counties ``as expeditiously as
practicable.'' The CAA does not require the EPA to follow a specific
process when final designations are remanded to the Agency. The EPA's
final action reflects a reasonable interpretation of the CAA section
107(d) requirements, particularly given the court's direction and the
process already provided to states, tribes, and the public.
The EPA is finalizing the designations addressed in this action
without providing additional opportunity for public comment or another
120-day period for states to respond. Under CAA section 107(d)(2)(B),
the EPA is not required to provide a public comment period for
designations actions. CAA section 107(d)(1)(B)(ii) lays out a
particular process when the EPA disagrees with a state's recommended
designations. For the 14 counties addressed in this Federal Register
document, the EPA is either (1) agreeing with the state recommendation,
which does not require any further process, or (2) disagreeing with the
state recommendation. For the latter category, the EPA has already
expressed such disagreement and provided the relevant states
(Wisconsin, Indiana, and Missouri) with the statutorily-mandated
opportunity to demonstrate why EPA's intended designations were
inappropriate.\6\ Each of those states took advantage of that
opportunity and responded to the EPA with additional information.\7\ In
the designations addressed in this Federal Register document, the EPA
considered those responses, in addition to the rest of the data and
information in the record.
---------------------------------------------------------------------------

\6\ See 83 FR 651 (2018) for the notification of availability of
EPA's 120-day letters to the relevant states.
\7\ Comment submitted by Daniel L. Meyer, Secretary, Wisconsin
Department of Natural Resources, EPA-HQ-OAR-2017-0548-0300; Comment
submitted by Bruno L. Pigott, Commissioner, Indiana Department of
Natural Resources, EPA-HQ-OAR-2017-0548-0292; Comment submitted by
Darcy A. Bybee, Director, Air Pollution Control Program, Missouri
Department of Natural Resources, EPA-HQ-OAR-2017-0548-0303.
---------------------------------------------------------------------------

Proceeding straight to finalization for these 14 areas also aligns
with the

[[Page 31443]]

direction provided by the D.C. Circuit to ``issue revised designations
as expeditiously as practicable.'' \8\ While the EPA does sometimes
provide opportunities for outside input even when it is not required by
the CAA, it is not appropriate to do so here given the court's
direction, and the process that the EPA has already undertaken for
these areas.
---------------------------------------------------------------------------

\8\ Clean Wisconsin, 964 F.2d at 1176.
---------------------------------------------------------------------------

This approach is consistent with the EPA's treatment of the two
remaining remanded counties addressed in the Agency's separate
notification of availability published elsewhere in this issue of the
Federal Register. The EPA's December 2017 initial designations and
April 2018 final designations aligned with Texas's and Colorado's
recommendations for El Paso and Weld Counties, respectively, and so at
that time, the EPA had no need to, and did not, notify the states that
the Agency planned to modify the states' recommendations. However, the
EPA's revised intended designations for those areas in response to the
court's remand would modify the states' recommendations. As such, the
EPA is acting consistently with the CAA requirement that the EPA notify
the relevant states and allow them to ``demonstrate why any proposed
modification is inappropriate,'' and undertaking a 120-day process.

VII. What air quality data have the EPA used to designate the remanded
areas for the 2015 ozone NAAQS?

For the remanded counties and associated nonattainment areas
addressed in this action, the EPA has re-evaluated the designations
under a uniform, nationwide analytical approach in considering the
specific facts and circumstances of the areas using data and
information available in the existing record.\9\ The EPA has primarily
based the revised final ozone designations in this action on air
quality monitoring data from the years 2014-2016, which were the most
recent data that states were required to certify at the time the EPA
notified the states of its intended modifications to their
recommendations in December 2017. Under 40 CFR 58.16, states are
required to report all monitored ozone air quality data and associated
quality assurance data within 90 days after the end of each quarterly
reporting period, and under 40 CFR 58.15(a)(2) states are required to
submit annual summary reports and a data certification letter to the
EPA by May 1 for ozone air quality data collected in the previous
calendar year. Thus, at the time of the 120-day letters, the most
recent certification obligation was for air quality data from 2016. In
the 120-day notification letters to states, the EPA indicated that for
the EPA to consider air quality data for the period 2015-2017 in the
final designation decisions for any area, a state must submit
certified, quality assured 2015-2017 air quality monitoring data for
the area to the EPA by February 28, 2018. Several states, including
Missouri and Illinois, chose to submit early certified air quality data
for areas within their states. Accordingly, for the St. Louis,
Missouri-Illinois area, the EPA based its original final designations
decisions on air quality data from 2015-2017 and is also basing the
revised final designation decisions on air quality data from 2015-2017.
For the three states that comprise a portion of the Chicago-Naperville,
Illinois-Indiana-Wisconsin CSA, only Illinois chose to early certify
2017 data before the May 1, 2018, deadline. The 2015-2017 design values
for counties in the Illinois portion of the Chicago-Naperville,
Illinois-Indiana-Wisconsin CSA show violations of the NAAQS in Cook
County and Lake County in Illinois, and no violations in other counties
in the Illinois portion of the CSA; this is not a change from the 2014-
2016 data for Illinois, which also showed violations in only these two
counties within the Illinois portion of the CSA. Therefore, the early
certified 2017 data would not result in a change to the designations
for those counties. Thus, for the Chicago, Illinois-Indiana-Wisconsin
area, the EPA based its original final designations decisions on air
quality data from 2014-2016 and is also basing the revised final
designation decisions on air quality data from 2014-2016, with
additional consideration of 2015-2017 data for Illinois.
---------------------------------------------------------------------------

\9\ The existing record consists of data and other information
provided by the EPA, state air agencies and the public in the time
leading up to the April 30, 2018, signature date of the original
action, and which the EPA considered or relied upon in its original
final decisions published in June 2018. This information is
contained in the public rulemaking docket, available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under docket number EPA-HQ-OAR-2017-0548.
---------------------------------------------------------------------------

The EPA's reliance on the existing record to support the
designations in this Federal Register document is reasonable in light
of the circumstances. The CAA does not specify what data the Agency
must rely on in re-promulgating designations upon remand from a court.
As such, the EPA's reasonable reliance on the existing record reflects
the EPA's dedication to national consistency and the specific direction
of the court in Clean Wisconsin: ``to issue revised designations as
expeditiously as practicable'' in responding to the remand.\10\
---------------------------------------------------------------------------

\10\ Clean Wisconsin, 964 F.2d at 1176.
---------------------------------------------------------------------------

Section 107(d) of the CAA lays out a particular timeline for
designations decisions to be made, triggered from the promulgation date
of a NAAQS. For the 2015 ozone NAAQS, the designation of every area of
the country, apart from those remanded to the Agency, relied on the
existing record.\11\ As the D.C. Circuit stated in previous cases
reviewing the EPA's designations decisions, ``inconsistency is the
hallmark of arbitrary agency action.'' \12\ Relying on the data
available to the Agency at the time of the April 2018 designations
action would prevent inconsistent treatment between the remanded
counties and every other area of the country.
---------------------------------------------------------------------------

\11\ As is discussed earlier in this section, almost every
designation relied on monitored 2014-2016 design values. The few
exceptions were for states that early-certified 2015-2017 data in
accordance with the Designation Guidance.
\12\ Catawba County v. EPA, 571 F.3d 20, 51 (D.C. Cir. 2009);
see also Mississippi Comm'n v. EPA, 790 F.3d 138, 160 (D.C. Cir.
2015).
---------------------------------------------------------------------------

In addition, this action expands the boundaries of existing
nonattainment areas but does not create any new nonattainment areas. If
it is important to treat areas across the country consistently, it is
that much more important that the EPA treat different portions of the
same nonattainment area consistently. For example, in this action, the
EPA is expanding the boundary of the Sheboygan, Wisconsin nonattainment
area by approximately 0.9 miles. It would be illogical in this type of
situation for the Agency to use one set of data (e.g., 2014-2016 design
values) for the previously-designated portion and a different set
(e.g., 2017-2019 or 2018-2020 design values) for the new 0.9-mile wide
portion of the county.
The D.C. Circuit's direction to act ``as expeditiously as
practicable'' also weighs in favor of using the existing record.
Gathering and analyzing new data would necessarily have taken longer,
because much of the data the EPA generally relies upon in its
designations decision-making process is obtained outside the Agency,
including from states.

VIII. What are the ozone air quality classifications and implementation
dates?

In accordance with CAA section 181(a)(1), each area designated as
nonattainment for the ozone NAAQS is classified by operation of law at
the same time as the area is designated by the EPA. Under Subpart 2 of
part D of

[[Page 31444]]

title I of the CAA, state planning and emissions control requirements
for ozone are determined, in part, by a nonattainment area's
classification. The ozone nonattainment areas are classified based on
the severity of their ozone levels (as determined based on the area's
``design value,'' which represents air quality in the area for the most
recent 3 years).\13\ The possible classifications are Marginal,
Moderate, Serious, Severe, and Extreme. Nonattainment areas with a
``lower'' classification have ozone levels that are closer to the
standard than areas with a ``higher'' classification. Areas in the
lower classification levels have fewer and/or less stringent mandatory
air quality planning and control requirements than those in higher
classifications. On March 9, 2018 (83 FR 10376), the EPA published the
Classifications Rule that establishes how the statutory classifications
will apply for the 2015 ozone NAAQS, including the air quality
thresholds for each classification category. Each nonattainment area's
design value, based on the then-most recent 3 years of certified air
quality monitoring data, is used to establish the classification for
the area.
---------------------------------------------------------------------------

\13\ The air quality design value for the 8-hour ozone NAAQS is
the 3-year average of the annual 4th highest daily maximum 8-hour
average ozone concentration. See 40 CFR part 50, appendix U.
---------------------------------------------------------------------------

The regulatory tables included at the end of this action provide
the classification for each designated nonattainment area for the 2015
ozone NAAQS based on the design value for the area and the
classification thresholds established in the Classification Rule. All
areas addressed in this Federal Register document are Marginal areas.
As established in the final implementing regulations for the 2015
ozone NAAQS, nonattainment areas (including the areas subject to this
final action) shall attain the 2015 standards as expeditiously as
practicable but not later than the dates provided in Table 1 of 40 CFR
51.1303(a) expressed in years after the effective date of area
designations, which was August 3, 2018 (83 FR 25776; June 4, 2018). The
resulting attainment date for Marginal areas is not later than 3 years
from the designation effective date, or August 3, 2021. Further, states
with Marginal nonattainment areas have 2 years from the effective date
of designation to submit state implementation plan (SIP) revisions
addressing emissions inventories (required by CAA section 182(a)(1))
and emissions statement regulations (CAA section 182(a)(3)(B)) (83 FR
62998, 63000; December 6, 2018). See also 40 CFR 51.1315. The resulting
emissions inventory and emissions statement SIP revisions were due
August 3, 2020. The August 3, 2021, Marginal area attainment date and
the August 3, 2020, SIP submission requirements still apply for the
areas subject to this final action, inclusive of the revised
nonattainment boundaries. The EPA expects states with areas subject to
this final action to work with their respective EPA Regional office to
submit any necessary supplements or revisions to fulfill the Marginal
area SIP revision requirements associated with the nonattainment
boundaries in this final action as expeditiously as practicable.

IX. Rural Transport Area Determination for the Revised Door County,
Wisconsin Designation

CAA section 182(h) sets out general criteria for determining
whether an area qualifies as a Rural Transport Area (RTA). The statute
defines an RTA as an area that is designated nonattainment and neither
includes nor is adjacent to any part of a metropolitan statistical area
or consolidated metropolitan statistical area as defined at the time of
the 1990 CAA amendments. In such cases, the Administrator has
discretion to treat the area as an RTA based on a finding that the
emissions within the area do not make a significant contribution to the
ozone concentrations measured in the area or in other areas. The EPA
provided guidance on requesting RTA treatment in the February 25, 2016,
memorandum titled, ``Area Designations for the 2015 Ozone National
Ambient Air Quality Standards.'' An RTA, regardless of its
nonattainment classification, is treated as meeting the applicable
requirements of CAA section 182 (generally relating to submissions
required for ozone nonattainment areas) if the area meets the
submission requirements of a Marginal area.
In a letter dated April 20, 2017, Wisconsin requested that the EPA
make an RTA determination for the Door County nonattainment area that
was designated in Round 2 of the ozone designations for the 2015 ozone
NAAQS. The EPA determined that the final Door County, Wisconsin
nonattainment area met the criteria for treatment as an RTA under CAA
section 182(h). In response to the July 10, 2020, Court remand
regarding the Door County nonattainment area, the EPA is revising the
boundaries of the Door County area designated nonattainment on April
30, 2018. The EPA has determined that this nonattainment area meets the
criteria for treatment as an RTA under CAA section 182(h) and will be
treated as meeting the requirements of CAA section 182 if the area
meets the submission requirements of Marginal areas explained
previously in this section. Documentation supporting this determination
is contained in the final TSD for Wisconsin, which is available in the
public docket for this final action. This determination is reflected in
the regulatory table for Wisconsin in 40 CFR part 81.

X. 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 revises certain designation
determinations for the 2015 ozone NAAQS that were identified in the
July 10, 2020, Court remand. 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.

XI. 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 Administrative Procedure Act (APA), 5
U.S.C. 553, or any other statute. Section 107(d)(2)(B) of the CAA
explicitly provides that

[[Page 31445]]

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 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. It will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. There are no tribes
affected by this action.

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

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 X 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 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 governs judicial 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 action 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 the
EPA complete discretion whether to invoke the exception in (ii).
This final action designating areas for the 2015 ozone NAAQS is
``nationally applicable'' within the meaning of CAA section 307(b)(1).
In the alternative, to the extent a court finds this action to be
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).\14\ This
final action establishes designations for areas across the U.S. for the
2015 ozone NAAQS, located in five states, in two EPA regions, and in
three different federal judicial circuits.\15\ This final action
applies a uniform, nationwide analytical method and interpretation of
CAA section 107(d)(1) to these areas across the country in a single
final action, and the final action is based on this common core of
determinations. More specifically, for example, 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 were in
violation of or contributing to an area in violation of the 2015 Ozone
NAAQS at the time of the April 2018 designations final action.
---------------------------------------------------------------------------

\14\ 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.
\15\ 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.
---------------------------------------------------------------------------

For these reasons, this final action is nationally applicable or,
alternatively, 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, any petitions for
review of this final action must be filed in the U.S. Court of Appeals
for the District of 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 these final actions does
not affect the finality of the actions 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 actions.

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, 40 CFR part 81 is
amended as follows:

[[Page 31446]]

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. 81.314, the table titled ``Illinois--2015 8-Hour Ozone
NAAQS [Primary and Secondary]'' is amended by:
0
a. Revising the entries under ``Chicago, IL-IN-WI'' and ``St. Louis,
MO-IL'';
0
b. Removing the entries ``McHenry County'' after the entry ``McDonough
County'' and ``Monroe County'' after the entry ``Mercer County''; and
0
c. Adding footnote 3 to the table.
The revisions and addition read as follows:

Sec. 81.314 Illinois.

* * * * *

Illinois--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Chicago, IL-IN-WI............... ................... Nonattainment.......... ........... Marginal.
Cook County.................
DuPage County...............
Grundy County (part)
Aux Sable Township and
Goose Lake Township.
Kane County.................
Kendall County (part)
Oswego Township.........
Lake County.................
McHenry County.............. July 14, 2021 \3\..
Will County.................
St. Louis, MO-IL................ ................... Nonattainment.......... ........... Marginal.
Madison County..............
Monroe County............... July 14, 2021 \3\..
St. Clair County............

* * * * *

0
3. In Sec. 81.315, the table titled ``Indiana--2015 8-Hour Ozone NAAQS
[Primary and Secondary]'' is amended by:
0
a. Revising the entries under ``Chicago, IL-IN-WI'';
0
b. Removing the entry ``Porter County'' after the entry ``Pike County''
and adding the entry ``Porter County (part) remainder'' in its place;
and
0
c. Adding footnote 3 to the table.
The revisions and additions read as follows:

Sec. 81.315 Indiana.

* * * * *

Indiana--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Chicago, IL-IN-WI:.............. ................... Nonattainment.......... ........... Marginal.
Lake County (part)
Calumet Township, Hobart
Township, North
Township, Ross
Township, and St. John
Township.
Porter County (part)........ July 14, 2021 \3\..
Center Township, Jackson
Township, Liberty
Township, Pine
Township, Portage
Township, Union
Township, Washington
Township, and
Westchester Township.

* * * * * * *
Porter County (part) remainder.. ................... Attainment/
Unclassifiable.

[[Page 31447]]

* * * * *

0
4. In Sec. 81.326, the table titled ``Missouri--2015 8-Hour Ozone
NAAQS [Primary and Secondary]'' is amended by:
0
a. Revising the entries under ``St. Louis, MO-IL'';
0
b. Removing the entry ``Jefferson County'' after the entry ``Jasper
County''; and
0
c. Adding footnote 3 to the table.
The revisions and addition read as follows:

Sec. 81.326 Missouri.

* * * * *

Missouri--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
St. Louis, MO-IL: ................... Nonattainment.......... ........... Marginal.
Franklin County (part)
Boles Township..........
Jefferson County............ July 14, 2021 \3\..
St. Charles County..........
St. Louis County............
City of St. Louis...........

* * * * *

0
5. In Sec. 81.350 the table titled ``Wisconsin--2015 8-Hour Ozone
NAAQS [Primary and Secondary]'' is amended by:
0
a. Revising the entries under ``Chicago, IL-IN-WI'';
0
b. Revising the entry for ``Door County, WI'' and the entries under
``Door County, WI'';
0
c. Revising the entries under ``Manitowoc County, WI'';
0
d. Removing the entry for ``Northern Milwaukee/Ozaukee Shoreline, WI''
and adding in its place the entry ``Milwaukee, WI'' and revising the
entries under ``Milwaukee, WI'';
0
e. Removing the entry for ``Ozaukee County (part)'';
0
f. Revising the entries under ``Sheboygan County, WI'';
0
g. Removing the entries ``Milwaukee County (part) remainder'' after the
entry ``Menominee County'' and ``Ozaukee County (part) remainder''
after the entry ``Outagamie County'';
0
h. Removing the entry ``Racine County'' after the entry ``Price
County'' and adding the entry ``Racine County (part) remainder'' in its
place.
0
i. Removing the entries ``Washington County'' and ``Waukesha County''
after the entry ``Washburn County'' and adding the entries ``Washington
County (part) remainder'' and ``Waukesha County (part) remainder'' in
their places, respectively; and
0
j. Adding footnotes 4 and 5 to the table.
The revisions and additions read as follows:

Sec. 81.350 Wisconsin.

* * * * *

Wisconsin--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Chicago, IL-IN-WI............... ................... Nonattainment.......... ........... Marginal.
Kenosha County (part)....... July 14, 2021 \5\..
The portion of Kenosha
County bounded by the
Lake Michigan shoreline
on the East, the
Kenosha County boundary
on the North, the
Kenosha County boundary
on the South, and the I-
94 corridor (including
the entire corridor) on
the West.
Door County, WI
Door County (part):......... 6/10/2020.......... Attainment............. ........... Marginal (Rural
Transport).
Newport State Park
Boundary.
Door County-Revised (part):. July 14, 202 1\4\.. Nonattainment.......... ........... Marginal (Rural
Transport).
The portion of Door
County north of
Sturgeon Bay Canal
excluding Newport State
Park.
Manitowoc County, WI............ ................... Nonattainment.......... ........... Marginal.
Manitowoc County (part):.... July 14, 2021 \5\..
Inclusive and east of
the following roadways
with the boundary
starting from north to
south: County Road B
which turns into South
State Street to County
Road V which turns into
Forest Home Drive to
South Packer Drive to
West Hillcrest Road to
Highway 43 to West
Custer Street to Dufek
Drive which turns into
Highway 42.
Milwaukee, WI................... ................... Nonattainment.......... ........... Marginal.
Milwaukee County............ July 14, 2021 \5\..
Ozaukee County.............. July 14, 2021 \5\..
Racine County (part):....... July 14, 2021 \5\..

[[Page 31448]]

Inclusive and east of
the following roadways
going from the northern
county boundary to the
southern county
boundary: Highway 45 to
Washington Ave. to
South Beaumont Ave.
Washington County (part):... July 14, 2021 \5\..
Inclusive and east of
the following roadways
going from the northern
county boundary to the
southern county
boundary: County H to N
Main St/Old US Hwy 45
to WI-60 Trunk E to WI-
164 S.
Waukesha County (part)...... July 14, 2021 \5\..
Going from the western county
boundary to the southern county
boundary: Inclusive and north
of I-94 and inclusive and east
of Highway 67.
Sheboygan County, WI............ ................... Nonattainment.......... ........... Marginal.
Sheboygan County (part):.... July 14, 2021 \5\..
Inclusive and east of
the following roadways
with the boundary
starting from north to
south: Union Road which
turns into County Road
Y which turns into
Highland Drive, to
Lower Road which turns
into Monroe Street, to
Broadway/Main Street to
Highway 32 which turns
into Giddings Avenue to
County Road W to County
Road KW.

* * * * * * *
Racine County (part) remainder.. ................... Attainment/
Unclassifiable.

* * * * * * *
Washington County (part) ................... Attainment/
remainder. Unclassifiable.
Waukesha County (part) remainder ................... Attainment/
Unclassifiable.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. 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 August 3, 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.
\4\ EPA revised the nonattainment boundaries of the Door County area that was designated as nonattainment on
April 30, 2018, in response to a court decision, which did not vacate any designations for the 2015 ozone
NAAQS, but which remanded the designation for the identified county. Because this additional portion of Door
County is associated with a previously designated nonattainment area, the associated implementation dates
(e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later designation date.
\5\ EPA revised the nonattainment boundary in response to a court decision, which did not vacate any
designations for the 2015 ozone NAAQS, but which remanded the designation for the identified county. Because
this additional area is part of a previously designated nonattainment area, the associated implementation
dates for the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged
regardless of this later designation date.

* * * * *
[FR Doc. 2021-11454 Filed 6-11-21; 8:45 am]
BILLING CODE 6560-50-P

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.