Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 47191 

(b) The Secretary must provide each 

agency by January 15 of each year with 

the format and guidelines for 

electronically submitting the agency’s 

occupational injury and illness 

recordkeeping information. 

(c) Each agency must submit to the 

Secretary by May 1, 2014, a list of all 

establishments. The list must include 

information about the department/ 

agency affiliation, NAICS code, a street 

address, city, state and zip code. Federal 

agencies are also responsible for 

updating their list of establishments by 

May 1 of each year when they submit 

the annual report to the Secretary 

required by § 1960.71(a)(1). 

* * * * * 

■ 8. Add new § 1960.73 to read as 

follows: 

§ 1960.73 Federal agency injury and 

illness recordkeeping forms. 

(a) When filling out the OSHA Form 

300 or equivalent, each agency must 

enter the employee’s OPM job series 

number and job title in Column (c). 

(b) When recording the injuries and 

illnesses of uncompensated volunteers, 

each agency must enter a ‘‘V’’ before the 

OPM job series number in Column (c) of 

the OSH Form 300 log or equivalent. 

(c) Each agency must calculate the 

total number of hours worked by 

uncompensated volunteers. 

[FR Doc. 2013–18457 Filed 8–2–13; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0687] 

Drawbridge Operation Regulation; 

Albemarle Sound to Sunset Beach, 

Atlantic Intracoastal Waterway (AICW), 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the operation of 

the S.R. 74 Bridge, at mile 283.1, over 

the AICW, at Wrightsville Beach, NC. 

The deviation is necessary to facilitate 

electrical system and equipment 

upgrades to the bridge. This temporary 

deviation allows the drawbridge to 

remain in the closed to navigation 

position. 

DATES: This deviation is effective from 

7 p.m. on August 19, 2013 to 7 p.m. 

August 27, 2013. 

ADDRESSES: The docket for this 

deviation, [USCG–2013–0687] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Jim 

Rousseau, Bridge Administration 

Branch Fifth District, Coast Guard; 

telephone (757) 398–6557, email 

James.L.Rousseau2@uscg.mil. If you 

have questions on reviewing the docket, 

call Barbara Hairston, Program Manager, 

Docket Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: The North 

Carolina Department of Transportation, 

who owns and operates this bascule 

bridge, has requested a temporary 

deviation from the current operating 

regulations set out in 33 CFR 117.821 

(a)(4), to facilitate electrical system and 

mechanical equipment upgrades to the 

bridge. 

Under the regular operating schedule, 

the draw for the S.R. 74 Bridge, at mile 

283.1 over the AICW, at Wrightsville 

Beach, NC shall open on signal for 

commercial vessels at all times and on 

signal for pleasure vessels except 

between 7 a.m. and 7 p.m., need only 

open on the hour; and except for annual 

triathlon events that occur from 

September through November. The S.R. 

74 Bridge has a temporary vertical 

clearance in the closed position of 18 

feet above mean high water due to 

additional ongoing maintenance. 

Under this temporary deviation, the 

drawbridge will be maintained in the 

closed to navigation position, beginning 

at 7 p.m., on Monday, August 19, 2013 

until 7 p.m., on Tuesday August 20, 

2013. In the event of inclement weather, 

the alternate dates and times will begin 

at 7 p.m., on Monday August 26, 2013 

ending at 7 p.m., on Tuesday August 27, 

2013. The bridge will operate under its 

normal operating schedule at all other 

times. The Coast Guard has carefully 

coordinated the restrictions with 

commercial and recreational waterway 

users. 

Vessels able to pass under the bridge 

in the closed position may do so at 

anytime and are advised to proceed 

with caution. The bridge will be able to 

open for emergencies but at a slower 

rate. There is no immediate alternate 

route for vessels transiting this section 

of the AICW but vessels may pass before 

and after the closure each day. The 

Coast Guard will also inform additional 

waterway users through our Local and 

Broadcast Notices to Mariners of the 

closure periods for the bridge so that 

vessels can arrange their transits to 

minimize any impacts caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: July 25, 2013. 

Waverly W. Gregory, Jr., 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2013–18740 Filed 8–2–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2012–0233; FRL 9841–4] 

RIN 2060–AR18 

Air Quality Designations for the 2010 

Sulfur Dioxide (SO2) Primary National 

Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This rule establishes air 

quality designations for certain areas in 

the United States for the 2010 primary 

Sulfur Dioxide (SO2) National Ambient 

Air Quality Standard (NAAQS). The 

EPA is issuing this rule to identify areas 

that, based on recorded air quality 

monitoring data showing violations of 

the NAAQS, do not meet the 2010 SO2

NAAQS and areas that contribute to SO2

air pollution in a nearby area that does 

not meet the SO2 NAAQS. At this time, 

the EPA is designating as nonattainment 

most areas in locations where existing 

monitoring data from 2009–2011 

indicate violations of the 1-hour SO2

standard. The EPA intends to address in 

separate future actions the designations 

for all other areas for which the agency 

is not yet prepared to issue designations 

and that are consequently not addressed 

in this final rule. The Clean Air Act 

(CAA) directs areas designated 

nonattainment by this rule to undertake 

certain planning and pollution control 

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47192 Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 

activities to attain the NAAQS as 

expeditiously as practicable. 

DATES: Effective Date: The effective date 

of this rule is October 4, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2012–0233. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Avenue NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744 

and the telephone number for the Air 

Docket is (202) 566–1742. 

In addition, the EPA has established 

a Web site for this rulemaking at: http:// 

www.epa.gov/so2designations. The Web 

site includes the EPA’s final SO2

designations, as well as state and tribal 

initial recommendation letters, the 

EPA’s modification letters, technical 

support documents, responses to 

comments and other related technical 

information. 

FOR FURTHER INFORMATION CONTACT: For 

general questions concerning this 

action, please contact Rhonda Wright, 

U.S. EPA, Office of Air Quality Planning 

and Standards, Air Quality Planning 

Division, C539–04, Research Triangle 

Park, NC 27711, telephone (919) 541– 

1087, email at wright.rhonda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Regional Office Contacts: 

Region I—Donald Dahl (617) 918– 

1657, 

Region II—Kenneth Fradkin (212) 

637–3702, 

Region III—Ruth Knapp (215) 814– 

2191, 

Region IV—Lynorae Benjamin (404) 

562–9040, 

Region V—John Summerhays (312) 

886–6067, 

Region VI—Dayana Medina (214) 

665–7241, 

Region VII—Larry Gonzalez (913) 

551–7041, 

Region VIII—Crystal Ostigaard (303) 

312–6602, 

Region IX—John Kelly (415) 947– 

4151, and 

Region X—Steve Body (206) 553– 

0782. 

The public may inspect the rule and 

state-specific technical support 

information at the following locations: 

Regional offices States 

Dave Conroy, Chief, Air Programs Branch, EPA New England, 1 Congress Street, Suite 1100, Boston, MA 02114–2023, (617) 918–1661.Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island 

and Vermont. 

Richard Ruvo, Chief, Air Planning Section, EPA Region II, 290 Broadway, 25th Floor, New York, NY 10007–1866, (212) 637–4014.New Jersey, New York, Puerto Rico and Virgin Islands. 

Cristina Fernandez, Associate Director, Office of Air Program Planning, 

EPA Region III, 1650 Arch Street, Philadelphia, PA 19103–2187, 

(215) 814–2178.

Delaware, District of Columbia, Maryland, Pennsylvania, Virginia and 

West Virginia. 

R. Scott Davis, Chief, Air Planning Branch, EPA Region IV, Sam Nunn 

Atlanta Federal Center, 61 Forsyth Street, SW, 12th Floor, Atlanta, 

GA 30303, (404) 562–9127.

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, 

South Carolina and Tennessee. 

John Mooney, Chief, Air Programs Branch, EPA Region V, 77 West 

Jackson Street, Chicago, IL 60604, (312) 886–6043.

Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin. 

Guy Donaldson, Chief, Air Planning Section, EPA Region VI, 1445 

Ross Avenue, Dallas, TX 75202, (214) 665–7242.

Arkansas, Louisiana, New Mexico, Oklahoma and Texas. 

Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 11201 

Renner Blvd., Lenexa, KS 66129, (913) 551–7606.

Iowa, Kansas, Missouri and Nebraska. 

Gail Fallon, Acting Unit Chief, Air Quality Planning Unit, EPA Region 

VIII, 1595 Wynkoop Street, Denver, CO 80202–1129, (303) 312– 

6281.

Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. 

Doris Lo, Air Planning Office, EPA Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105, (415) 972–3959.

American Samoa, Arizona, California, Guam, Hawaii, Nevada and 

Northern Mariana Islands. 

Debra Suzuki, Manager, State and Tribal Air Programs, EPA Region X, 

Office of Air, Waste, and Toxics, Mail Code OAQ–107, 1200 Sixth 

Avenue, Seattle, WA 98101, (206) 553–0985.

Alaska, Idaho, Oregon and Washington. 

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 document? 

III. What is sulfur dioxide? 

IV. What is the 2010 SO2 NAAQS and what 

are the health concerns that it addresses? 

V. What are the CAA requirements for air 

quality designations and what action has 

the EPA taken to meet these 

requirements? 

VI. What guidance did the EPA issue and 

how did the EPA apply the statutory 

requirements and applicable guidance to 

determine area designations and 

boundaries? 

VII. What air quality data has the EPA used? 

VIII. How do designations affect Indian 

Country? 

IX. Where can I find information forming the 

basis for this rule and exchanges 

between the EPA, states and tribes 

related to this rule? 

X. 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 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

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 

L. Judicial Review 

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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 47193 

1See Fact Sheet Revisions to the Primary 

National Ambient Air Quality Standard, Monitoring 

Network, and Data Reporting Requirements for 

Sulfur Dioxide at http://www.epa.gov/airquality/ 

sulfurdioxide/pdfs/20100602fs.pdf. 

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 

DC District of Columbia 

EO 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 

SO2 Sulfur Dioxide 

SOX Sulfur Oxides 

RFA Regulatory Flexibility Act 

SIP State Implementation Plan 

UMRA Unfunded Mandate Reform Act of 

1995 

TAR Tribal Authority Rule 

TSD Technical Support Document 

U.S. United States 

VCS Voluntary Consensus Standards 

II. What is the purpose of this 

document? 

The purpose of this action is to 

announce and promulgate designations 

and boundaries for certain areas of the 

country not meeting the 2010 SO2

NAAQS based on available information, 

in accordance with the requirements of 

the CAA. The initial list of areas being 

designated nonattainment in each state 

and the boundaries of each area appear 

in the tables within the regulatory text. 

This notice identifies the 29 initial 

areas being designated as nonattainment 

areas for the 2010 SO2 NAAQS. The 

basis for designating each area as 

‘‘nonattainment’’ is monitored air 

quality data from calendar years 2009– 

2011 indicating a violation of the 

NAAQS in the area. For these areas 

being designated nonattainment, the 

CAA directs states to develop State 

Implementation Plans (SIPs) that meet 

the requirements of sections 172(c) and 

191–192 of the CAA and provide for 

attainment of the NAAQS as 

expeditiously as practicable, but no later 

than October 4, 2018. The CAA directs 

states to submit these SIPs to the EPA 

within 18 months of the effective date 

of these designations, i.e., by April 6, 

2015. 

III. What is sulfur dioxide? 

SO2 is one of a group of highly 

reactive gasses known as ‘‘oxides of 

sulfur’’ (SOX). The largest sources of 

SO2 emissions are from fossil fuel 

combustion at power plants (73 percent) 

and other industrial facilities (20 

percent). Smaller sources of SO2

emissions include industrial processes, 

such as extracting metal from ore, and 

the burning of high sulfur containing 

fuels by locomotives, large ships and 

non-road equipment. SO2 is linked with 

a number of adverse effects on the 

respiratory system. 

IV. What is the 2010 SO2 NAAQS and 

what are the health concerns that it 

addresses? 

The Administrator signed a final rule 

revising the primary SO2 NAAQS on 

June 2, 2010. The rule was published in 

the Federal Register on June 22, 2010 

(75 FR 35520), and became effective on 

August 23, 2010. Based on the 

Administrator’s review of the air quality 

criteria for oxides of sulfur and the 

primary NAAQS for oxides of sulfur as 

measured by SO2, the EPA revised the 

primary SO2 NAAQS to provide 

requisite protection of public health 

with an adequate margin of safety. 

Specifically, the EPA established a new 

1-hour SO2 standard at a level of 75 

parts per billion (ppb), which is met at 

an ambient air quality monitoring site 

when the 3-year average of the annual 

99th percentile of 1-hour daily 

maximum concentrations is less than or 

equal to 75 ppb, as determined in 

accordance with Appendix T of 40 CFR 

part 50. 40 CFR 50.17(a)–(b). The EPA 

also established provisions to revoke 

both the existing 24-hour and annual 

primary SO2 standards, subject to 

certain conditions. 40 CFR 50.4(e). 

Current scientific evidence links 

short-term exposures to SO2, ranging 

from 5 minutes to 24 hours, with an 

array of adverse respiratory effects 

including bronchoconstriction and 

increased asthma symptoms. These 

effects are particularly important for 

asthmatics at elevated ventilation rates 

(e.g., while exercising or playing). 

Studies also show a connection between 

short-term exposure and increased visits 

to emergency departments and hospital 

admissions for respiratory illnesses, 

particularly in at-risk populations 

including children, the elderly and 

asthmatics. 

The EPA’s NAAQS for SO2 is 

designed to protect against exposure to 

the entire group of SOX. SO2 is the 

component of greatest concern and is 

used as the indicator for the larger group 

of gaseous SOX. Other gaseous SOX (e.g., 

SO3) are found in the atmosphere at 

concentrations much lower than SO2. 

Emissions that lead to high 

concentrations of SO2 generally also 

lead to the formation of other SOX. 

Control measures that reduce SO2 can 

generally be expected to reduce people’s 

exposures to all gaseous SOX. This may 

also have the important co-benefit of 

reducing the formation of fine sulfate 

particles, which pose significant public 

health threats. SOX can react with other 

compounds in the atmosphere to form 

small particles. These particles 

penetrate deeply into sensitive parts of 

the lungs and can cause or worsen 

respiratory disease, such as emphysema 

and bronchitis, and can aggravate 

existing heart disease, leading to 

increased hospital admissions and 

premature death.1 The EPA’s NAAQS 

for particulate matter are designed to 

provide protection against these health 

effects. 

V. What are the CAA requirements for 

air quality designations and what 

action has the EPA taken to meet these 

requirements? 

After the promulgation of a new or 

revised NAAQS, the EPA is required to 

designate areas as ‘‘nonattainment,’’ 

‘‘attainment,’’ or ‘‘unclassifiable,’’ 

pursuant to section 107(d)(1) of the 

CAA. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in section 

107(d) of the CAA. The CAA requires 

the EPA to complete the initial 

designations process within 2 years of 

promulgating a new or revised standard. 

If the Administrator has insufficient 

information to make these designations 

by that deadline, the EPA has the 

authority to extend the deadline for 

completing designations by up to 1 year. 

On July 27, 2012, the EPA announced 

that it had insufficient information to 

complete the designations for the 1-hour 

SO2 standard within 2 years and 

extended the designations deadline to 

June 3, 2013. 

At this time, the EPA is initially 

designating as nonattainment most areas 

in locations where existing monitoring 

data from 2009–2011 indicate violations 

of the 1-hour SO2 standard. In some 

cases, we have had to use data from a 

different three-year period or are still 

evaluating whether data from 2009– 

2011 are influenced by exceptional 

events. In separate future actions, the 

EPA intends to address the designations 

for all other areas for which the agency 

is not yet prepared to issue designations 

and that are consequently not addressed 

in this final rule. With input from a 

diverse group of stakeholders, the EPA 

has developed a comprehensive 

implementation strategy for the future 

SO2 designations actions that focuses 

resources on identifying and addressing 

unhealthy levels of SO2 in areas where 

people are most likely to be exposed to 

violations of the standard. For 

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47194 Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 

2This view was confirmed in Catawba County v. 

EPA, 571 F.3d 20 (DC Cir. 2009). 

3As indicated in the February 2013 letters, the 

EPA is not yet prepared to designate any areas in 

Indian country. The EPA intends to address the 

designations for these areas in separate future 

actions. 

informational purposes, the strategy is 

available at: http://www.epa.gov/ 

airquality/sulfurdioxide/ 

implement.html. The EPA plans to 

continue to work closely with state, 

tribal and local air quality management 

agencies to ensure health-protective, 

commonsense implementation of the 1- 

hour SO2 NAAQS. 

By not later than 1 year after the 

promulgation of a new or revised 

NAAQS, CAA section 107(d)(1)(A) 

provides that each state governor is 

required to 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 designations that did not meet 

the statutory requirements or were 

otherwise inconsistent with the facts or 

analysis deemed appropriate by the 

EPA. If the EPA is considering 

modifications to a state’s initial 

recommendation, the EPA is required to 

notify the state of any such intended 

modifications to its recommendation 

not less than 120 days prior to the EPA’s 

promulgation of the final designation. 

During this period of no less than 120 

days, if the state does not agree with the 

EPA’s modification, it has an 

opportunity to respond to the EPA and 

to demonstrate why it believes the 

modification proposed by the EPA is 

inappropriate, as contemplated by 

section 107(d)(1)(B)(ii). Even if a state 

fails to provide any recommendation for 

an area, in whole or in part, the EPA 

still must promulgate a designation that 

the Administrator deems appropriate, 

pursuant to section 107(d)(1)(B)(ii). 

Section 107(d)(1)(A)(i) of the CAA 

defines a nonattainment area as any area 

that does not meet an ambient air 

quality standard or that is contributing 

to ambient air quality in a nearby area 

that does not meet the standard. If an 

area meets either prong of this 

definition, then the EPA is obligated to 

designate the area as ‘‘nonattainment.’’ 

The EPA believes that 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 

believes 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.2

Similarly, the EPA believes 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, and contiguous or noncontiguous areas, as may be appropriate 

for a particular NAAQS. For example, 

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 section 

107(d)(1)(B)(iv) a designation remains in 

effect for an area ‘‘or portion thereof’’ 

until the EPA redesignates it. 

Designation activities for federallyrecognized tribal governments are 

covered under the authority of section 

301(d) of the CAA. This provision of the 

CAA authorizes the EPA to treat eligible 

tribes in a similar manner as states. 

Pursuant to section 301(d)(2), the EPA 

promulgated regulations, known as the 

Tribal Authority Rule (TAR), on 

February 12, 1999. 63 FR 7254, codified 

at 40 CFR part 49. That rule specifies 

those provisions of the CAA for which 

it is appropriate to treat tribes in a 

similar manner as states. Under the 

TAR, tribes may choose to develop and 

implement their own CAA programs, 

but are not required to do so. The TAR 

also establishes procedures and criteria 

by which tribes may request from the 

EPA a determination of eligibility for 

such treatment. The designations 

process contained in section 107(d) of 

the CAA is included among those 

provisions determined to be appropriate 

by the 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. In addition, CAA section 

301(d)(4) gives the EPA discretionary 

authority, in cases where it determines 

that treatment of tribes as identical to 

states is ‘‘inappropriate or 

administratively infeasible,’’ to provide 

for direct administration by regulation 

to achieve the appropriate purpose. 

To date, six tribes have applied under 

the TAR for eligibility to submit its own 

recommendations under section 107(d). 

Nonetheless, the EPA invited all tribes 

to submit recommendations concerning 

designations for the 2010 SO2 NAAQS. 

The EPA worked with the tribes that 

requested an opportunity to submit 

designation recommendations. Tribes 

were provided an opportunity to submit 

their own recommendations and 

supporting documentation and could 

also comment on state 

recommendations and the EPA 

modifications. 

Designation recommendations and 

supporting documentation were 

submitted by most states and several 

tribes to the EPA by June 3, 2011. After 

receiving these recommendations, and 

after reviewing and evaluating each 

recommendation, the EPA provided a 

response to the states and tribes on 

February 7, 2013.3 In these letter 

responses, we indicated whether the 

EPA intended to make modifications to 

the initial state or tribal 

recommendations and explained the 

EPA’s reasons for making any such 

modifications. For the majority of the 

areas, the EPA agreed with the state’s 

recommended boundary. The EPA 

requested that states and tribes respond 

to any proposed EPA modifications by 

April 8, 2013. The EPA received 

comments from some states suggesting 

changes to the EPA’s proposed 

modifications and providing additional 

information. The EPA evaluated these 

comments, and all of the timely 

supporting technical information 

provided. As a result, and based on that 

input and analysis, some of the final 

designations reflect further 

modifications to the initial state 

recommendations. The state and tribal 

letters, including the initial 

recommendations, the EPA’s February 

2013 responses to those letters, any 

modifications, and the subsequent state 

comment letters, are in the docket for 

this action. 

Although not required by section 

107(d) of the CAA, the EPA also 

provided an opportunity for members of 

the public to comment on the EPA’s 

February 2013 response letters. In order 

to gather additional information for the 

EPA to consider before making final 

designations, the EPA published a 

notice on February 15, 2013 (78 FR 

1124) which invited the public to 

comment on the EPA’s intended 

designations. In the notice, the EPA 

stated that public comments must be 

received on or before March 18, 2013. 

The EPA received several requests from 

stakeholders for additional time to 

prepare their comments. Some of the 

requesters noted that the original 30-day 

comment period was insufficient time to 

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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 47195 

4See, ‘‘Area Designations for the 2010 Revised 

Primary Sulfur Dioxide National Ambient Air 

Quality Standards,’’ memorandum to Regional Air 

Division Directors, Regions I–X, from Stephen D. 

Page, dated March 24, 2011. 

5This notice refers to monitoring data for 

‘‘calendar years 2009–2011’’ which includes data 

from January 2009 through December 2011. 

review the EPA’s responses to states’ 

and tribes’ recommended designations 

and to compile meaningful responses 

due to the complexity of the issues 

impacting certain areas. Taking that into 

consideration, the EPA extended the 

public comment period to April 8, 2013. 

State and tribal initial recommendations 

and the EPA’s responses, including 

modifications, were posted on a 

publically accessible Web site (http:// 

www.epa.gov/so2designations). Timely 

comments from the public and the 

EPA’s responses to significant 

comments are in the docket for this 

action. 

VI. What guidance did the EPA issue 

and how did the EPA apply the 

statutory requirements and applicable 

guidance to determine area 

designations and boundaries? 

In the notice of proposed rulemaking 

for the revised SO2 NAAQS (74 FR 

64810; December 8, 2009), the EPA 

issued proposed guidance on its 

approach to implementing the standard, 

including its approach to initial area 

designations. The EPA solicited 

comment on that guidance and, in the 

notice of final rulemaking (75 FR 35520; 

June 22, 2010), provided further 

guidance concerning implementation of 

the standard and how to identify 

nonattainment areas and boundaries for 

the SO2 NAAQS. Subsequently, on 

March 24, 2011, the EPA provided 

additional designations guidance to 

assist states with making their 

recommendations for area designations 

and boundaries.4 In that guidance, the 

EPA recommended that monitoring data 

from the most recent three consecutive 

years be used to identify a violation of 

the SO2 NAAQS. This is appropriate 

because the form of the SO2 NAAQS is 

calculated as a 3-year average of the 

99th percentile of the yearly distribution 

of 1-hour daily maximum SO2

concentrations (specifically the most 

recent 3 consecutive years).5 The EPA is 

basing these initial final designations on 

monitored SO2 concentrations from 

Federal Reference Method and Federal 

Equivalent Method monitors that are 

sited and operated in accordance with 

40 CFR Parts 50 and 58. The EPA notes 

that data from 2008–2010 were the most 

recent data available to states and tribes 

when they made their recommendations 

to the EPA in June 2011. Accordingly, 

although the determination of whether 

an area violates the standard was based 

on 2009–2011 data, the EPA considered 

state recommendations and data from 

2008–2010, as appropriate, in 

determining boundaries for 

nonattainment areas. 

In the guidance, the EPA stated that 

the perimeter of a county containing a 

violating monitor would be the initial 

presumptive boundary for 

nonattainment areas, but also stated that 

the state, tribe and/or the EPA could 

conduct additional area-specific 

analyses that could justify establishing 

either a larger or smaller area. The EPA 

indicated that the following factors 

should be considered in an analysis of 

whether to exclude portions of a county 

and whether to include additional 

nearby areas outside the county as part 

of the designated nonattainment area: 

(1) Air quality data; (2) emissionsrelated data; (3) meteorology; (4) 

geography/topography; and (5) 

jurisdictional boundaries, as well as 

other available data. States and tribes 

may identify and evaluate other relevant 

factors or circumstances specific to a 

particular area. 

Most states and several tribes 

submitted their designations 

recommendations in June 2011. In each 

case, the EPA reviewed the state 

recommendations and, where 

appropriate, the EPA accepted the 

state’s recommendations. However, 

where the EPA determined that changes 

were necessary to a state’s initial 

recommendation, we conveyed those 

preliminary determinations to the state 

in February 2013, and have worked with 

states to further review appropriate 

boundaries. 

VII. What air quality data has the EPA 

used? 

The final SO2 designations contained 

in this action are based upon violations 

of the NAAQS determined by air quality 

monitoring data from calendar years 

2009–2011, except where it was 

necessary or appropriate to use a 

different three-year period. The form of 

the standard requires a calculation of 

monitoring values from 3 consecutive 

years. The 1-hour primary standard is 

violated at an ambient air quality 

monitoring site when the 3-year average 

of the annual 99th percentile of the 

daily maximum 1-hour average 

concentrations exceeds 75 ppb, as 

determined in accordance with 

appendix T of 40 CFR part 50. For 

comparison to the level of the standard, 

ambient air quality shall be measured by 

a reference method based on appendix 

A or A–1, or by a Federal Equivalent 

Method designated in accordance with 

40 CFR part 53. 

VIII. How do designations affect Indian 

Country? 

All counties, partial counties or Air 

Quality Control Regions listed in the 

tables within the regulatory text are 

designated as indicated. For the first 

round of SO2 designations, the EPA is 

only designating certain nonattainment 

areas shown to be violating the NAAQS 

based on monitored data. There are no 

areas in Indian Country being 

designated nonattainment at this time. 

All remaining areas, including areas of 

Indian Country, for which the EPA is 

not yet prepared to issue final 

designations will be addressed in a 

subsequent round of designations. 

IX. Where can I find information 

forming the basis for this rule and 

exchanges between the EPA, States and 

tribes related to this rule? 

Information providing the basis for 

this action are provided in several 

technical support documents (TSDs), a 

response to comments document (RTC) 

and other information in the docket. 

The TSDs, RTC, applicable EPA’s 

guidance memoranda, copies of 

correspondence regarding this process 

between the EPA and the states, tribes 

and other parties, are available for 

review at the EPA Docket Center listed 

above in the ADDRESSES section of this 

document and on the agency’s SO2

Designations Web site at http:// 

www.epa.gov/so2designations. Areaspecific questions can be addressed to 

the EPA Regional Offices. 

X. Statutory and Executive Order 

Reviews 

Upon promulgation of a new or 

revised NAAQS, the CAA requires the 

EPA to designate areas as attaining or 

not attaining the NAAQS. The CAA 

then specifies requirements for areas 

based on whether such areas are 

attaining or not attaining the NAAQS. In 

this final rule, the EPA assigns 

designations to selected areas as 

required. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action responds to the CAA 

requirement to promulgate air quality 

designations after promulgation of a 

new or revised NAAQS. This type of 

action is exempt from review under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (67 FR 3821, 

January 21, 2011). 

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47196 Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This action 

responds to the requirement to 

promulgate air quality designations after 

promulgation of a new or revised 

NAAQS. This requirement is prescribed 

in the CAA section 107 of title 1. This 

action does not establish any new 

information collection apart from that 

already required by law. 

C. Regulatory Flexibility Act 

This final rule is not subject to the 

Regulatory Flexibility Act (RFA), which 

generally requires an agency to prepare 

a regulatory flexibility analysis for any 

rule that will have a significant 

economic impact on a substantial 

number of small entities. The RFA 

applies only to rules subject to noticeand-comment rulemaking requirements 

under the Administrative Procedure Act 

(APA) or any other statute. This action 

is not subject to notice-and-comment 

requirements under the APA or any 

other statute because the action is not 

subject to the APA. CAA section 

107(d)(2)(B) does not require the EPA to 

issue a notice of proposed rulemaking 

before issuing this final action. 

D. Unfunded Mandates Reform Act 

This action contains no federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

state, local or tribal governments or the 

private sector. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 and 

205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. It 

does not create any additional 

requirements beyond those of the CAA 

and SO2 NAAQS (40 CFR 50.17); 

therefore, no UMRA analysis is needed. 

This action establishes nonattainment 

designations for certain areas of the 

country for the 2010 SO2 NAAQS. The 

CAA requires states to develop plans, 

including control measures, based on 

the designations for areas within the 

state. 

The EPA believes that any new 

controls imposed as a result of this 

action will not cost in the aggregate 

$100 million or more annually. Thus, 

this federal action will not impose 

mandates that will require expenditures 

of $100 million or more in the aggregate 

in any 1 year. 

E. Executive Order 13132: Federalism 

This final 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, as specified in 

Executive Order 13132. The CAA 

establishes the process whereby states 

take primary responsibility in 

developing plans to meet the SO2

NAAQS in areas designated 

nonattainment by this action. This 

action will not modify the relationship 

of the states and the EPA for purposes 

of developing programs to attain and 

maintain the SO2 NAAQS. Thus, 

Executive Order 13132 does not apply 

to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This action concerns the 

designation of certain areas as 

nonattainment for the 2010 SO2

NAAQS, but no areas of Indian Country 

are being designated by this action. 

Because this action does not have tribal 

implications, Executive Order 13175 

does not apply. 

Although Executive Order 13175 does 

not apply to this rule, the EPA 

communicated with tribal leaders and 

environmental staff regarding the 

designations process. The EPA also sent 

individualized letters to all federally 

recognized tribes to explain the 

designation process for the 2010 SO2

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 designations for the SO2

standards and offered tribal leaders the 

opportunity for consultation. These 

communications provided opportunities 

for tribes to voice concerns to the EPA 

about the general designations process 

for the 2010 SO2 NAAQS, as well as 

concerns specific to a tribe, and 

informed the EPA about key tribal 

concerns regarding designations as the 

rule was under development. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not an economically 

significant regulatory action as defined 

in Executive Order 12866. While not 

subject to the Executive Order, this final 

action may be especially important for 

asthmatics, including asthmatic 

children, living in SO2 nonattainment 

areas because respiratory effects in 

asthmatics are among the most sensitive 

health endpoints for SO2 exposure. 

Because asthmatic children are 

considered a sensitive population, the 

EPA evaluated the potential health 

effects of exposure to SO2 pollution 

among asthmatic children as part of the 

EPA’s prior action establishing the 2010 

SO2 NAAQS. These effects and the size 

of the population affected are 

summarized in the EPA’s final SO2

NAAQS rules. See http://www.epa.gov/ 

ttn/naaqs/standards/so2/fr/ 

20100622.pdf. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA of 1995, 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note) directs the EPA to use 

voluntary consensus standards (VCS) in 

its regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impracticable. VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures and business practices) that 

are developed or adopted by VCS 

bodies. The NTTAA directs the EPA to 

provide Congress, through OMB, 

explanations when the agency decides 

not to use available and applicable VCS. 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider the use of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 47197 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the U.S. 

The CAA requires that the EPA 

designate as nonattainment ‘‘any area 

that does not meet (or that contributes 

to ambient air quality in a nearby area 

that does not meet) the national primary 

or secondary ambient air quality 

standard for the pollutant.’’ By 

designating as nonattainment areas 

where available information indicate a 

violation of the 2010 SO2 NAAQS or a 

contribution to a nearby violation, this 

action protects all those residing, 

working, attending school, or otherwise 

present in those areas regardless of 

minority or economic status. 

The EPA has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the U.S. The EPA will submit a report 

containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives and 

the Comptroller General of the U.S. 

prior to publication of the rule in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This rule will be 

effective October 4, 2013. 

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.’’ 

This final action designating areas for 

the 2010 SO2 NAAQS is ‘‘nationally 

applicable’’ within the meaning of 

section 307(b)(1). This final action 

establishes designations for areas across 

the U.S. for the 2010 SO2 NAAQS. At 

the core of this final action is the EPA’s 

interpretation of the definition of 

nonattainment under section 107(d)(1) 

of the CAA, and its application of that 

interpretation to areas across the 

country. For the same reasons, the 

Administrator also is determining that 

the final designations are of nationwide 

scope and effect for the purposes of 

section 307(b)(1). This is particularly 

appropriate because, in the report on the 

1977 Amendments that revised section 

307(b)(1) of the CAA, Congress noted 

that the Administrator’s determination 

that an action is of ‘‘nationwide scope 

or effect’’ would be appropriate for any 

action that has a scope or effect beyond 

a single judicial circuit. H.R. Rep. No. 

95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. Here, the scope 

and effect of this final action extends to 

numerous judicial circuits since the 

designations apply to areas across the 

country. In these circumstances, section 

307(b)(1) and its legislative history calls 

for the Administrator to find the action 

to be of ‘‘nationwide scope or effect’’ 

and for venue to be in the DC Circuit. 

Thus, any petitions for review of final 

designations must be filed in the Court 

of Appeals for the District of Columbia 

Circuit within 60 days from the date 

final action is published in the Federal 

Register. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: July 25, 2013. 

Gina McCarthy, 

EPA Administrator. 

For the reasons set forth in the 

preamble, 40 CFR part 81 is amended 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 

§ 81.301 [Amended] 

■ 2. Section 81.301 is amended by 

revising the table heading for 

‘‘Alabama—Sulfur Dioxide’’ to read 

‘‘Alabama—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’. 

§ 81.302 [Amended] 

■ 3. Section 81.302 is amended by 

revising the table heading for ‘‘Alaska— 

SO2’’ to read ‘‘Alaska—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’. 

■ 4. Section 81.303 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Arizona—SO2’’ to read ‘‘Arizona— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Arizona—2010 Sulfur Dioxide NAAQS 

(Primary)’’ following the newly 

designated table ‘‘Arizona—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.303 Arizona. 

* * * * * 

ARIZONA—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Hayden, AZ 1 .................................................................................................................................................... 10–4–13 Nonattainment. 

Gila County (part) 

The portions of Gila County that are bounded by: T4S, R14E; T4S, R15E; T4S, R16E; T5S, 

R15E; T5S, R16E 

Pinal County (part) 

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47198 Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 

ARIZONA—2010 SULFUR DIOXIDE NAAQS (PRIMARY)—Continued 

Designated area 

Designation 

Date Type 

The portions of Pinal County that are bounded by: T4S, R14E; T4S, R15E; T4S, R16E; T5S, 

R14E; T5S, R15E; T5S, R16E; T6S, R14E; T6S, R15E; T6S, R16E 

Miami, AZ 1 ...................................................................................................................................................... 10–4–13 Nonattainment. 

Gila County (part) 

The portions of Gila County that are bounded by: T2N, R14E; T2N, R15E; T1N, R13E; T1N, 

R14E; T1N, R15E; T1S, R14E; T1S, R14 1/2E; T1S, R15E 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

§ 81.304 [Amended] 

■ 5. Section 81.304 is amended by 

revising the table heading for 

‘‘Arkansas—SO2’’ to read ‘‘Arkansas— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

§ 81.305 [Amended] 

■ 6. Section 81.305 is amended by 

revising the table heading for 

‘‘California—SO2’’ to read ‘‘California— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

§ 81.306 [Amended] 

■ 7. Section 81.306 is amended by 

revising the table heading for 

‘‘Colorado—SO2’’ to read ‘‘Colorado— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

§ 81.307 [Amended] 

■ 8. Section 81.307 is amended by 

revising the table heading for 

‘‘Connecticut—SO2’’ to read 

‘‘Connecticut—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’. 

§ 81.308 [Amended] 

■ 9. Section 81.308 is amended by 

revising the table heading for 

‘‘Delaware—SO2’’ to read ‘‘Delaware— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

§ 81.309 [Amended] 

■ 10. Section 81.309 is amended by 

revising the table heading for ‘‘District 

of Columbia—SO2’’ to read ‘‘District of 

Columbia—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’. 

■ 11. Section 81.310 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Florida—SO2’’ to read ‘‘Florida—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Florida—2010 Sulfur Dioxide NAAQS 

(Primary)’’ following the newly 

designated table ‘‘Florida—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.310 Florida. 

* * * * * 

FLORIDA—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Hillsborough County, FL 1 ................................................................................................................................ 10–4–13 Nonattainment. 

Hillsborough County (part) 

That portion of Hillsborough County encompassed by the polygon with the vertices using Universal Traverse Mercator (UTM) coordinates in UTM zone 17 with datum NAD83 as follows: 

(1) vertices—UTM Easting (m) 35881, UTM Northing 3076066; (2) vertices—UTM Easting (m) 

355673, UTM Northing 3079275; (3) UTM Easting (m) 360300, UTM Northing 3086380; (4) 

vertices—UTM Easting (m) 366850, UTM Northing 3086692; (5) vertices—UTM Easting (m) 

368364, UTM Northing 3083760; and (6) vertices—UTM Easting (m) 365708, UTM Northing 

3079121 

Nassau County, FL 1 ........................................................................................................................................ 10–4–13 Nonattainment. 

Nassau County, (part) 

That portion of Nassau County encompassing the circular boundary with the center being UTM 

Easting 455530 meters, UTM Northing 3391737 meters, UTM zone 17, using the NAD83 

datum (the location of the violating ambient monitor) and the radius being 2.4 kilometers 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

§ 81.311 [Amended] 

■ 12. Section 81.311 is amended by 

revising the table heading for 

‘‘Georgia—SO2’’ to read ‘‘Georgia—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’. 

§ 81.312 [Amended] 

■ 13. Section 81.312 is amended by 

revising the table heading for ‘‘Hawaii— 

SO2’’ to read ‘‘Hawaii—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’. 

§ 81.313 [Amended] 

■ 14. Section 81.313 is amended by 

revising the table heading for ‘‘Idaho— 

SO2’’ to read ‘‘Idaho—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’. 

■ 15. Section 81.314 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Illinois—SO2’’ to read ‘‘Illinois—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Illinois—2010 Sulfur Dioxide NAAQS 

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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 47199 

(Primary)’’ following the newly 

designated table ‘‘Illinois—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.314 Illinois. 

* * * * * 

ILLINOIS—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Lemont, IL 1 ...................................................................................................................................................... 10–4–13 Nonattainment. 

Cook County (part) 

Lemont Township 

Will County (part) 

DuPage Township and Lockport Township 

Pekin, IL 1 ......................................................................................................................................................... 10–4–13 Nonattainment. 

Tazewell County (part) 

Cincinnati Township and Pekin Township 

Peoria County (part) 

Hollis Township 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

■ 16. Section 81.315 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Indiana—SO2’’ to read ‘‘Indiana—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Indiana—2010 Sulfur Dioxide NAAQS 

(Primary)’’ following the newly 

designated table ‘‘Indiana—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Indianapolis, IN 1 .............................................................................................................................................. 10–4–13 Nonattainment. 

Marion County (part) 

Wayne Township, Center Township, Perry Township 

Morgan County, IN 1 ........................................................................................................................................ 10–4–13 Nonattainment. 

Morgan County (part) 

Clay Township, Washington Township 

Southwest Indiana, IN 1 ................................................................................................................................... 10–4–13 Nonattainment. 

Daviess County (part) 

Veale Township 

Pike County (part) 

Washington Township 

Terre Haute, IN 1 .............................................................................................................................................. 10–4–13 Nonattainment. 

Vigo County (part) 

Fayette Township, Harrison Township 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

■ 17. Section 81.316 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Iowa—SO2’’ to read ‘‘Iowa—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Iowa—2010 Sulfur Dioxide NAAQS 

(Primary)’’ following the newly 

designated table ‘‘Iowa—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.316 Iowa. 

* * * * * 

IOWA—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Muscatine, IA1 ................................................................................................................................................. 10–4–13 Nonattainment. 

Muscatine County (part) 

Sections 1–3, 10–15, 22–27, 34–36 of T77N, R3W (Lake Township) 

Sections 1–3, 10–15, 22–27, 34–36 of T76N, R3W (Seventy-six Township) 

T77N, R2W (Bloomington Township). 

T76N, R2W (Fruitland Township) 

All sections except 1, 12, 13, 24, 25, 36 of T77N, R1W (Sweetland Township) 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

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47200 Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 

* * * * * 

§ 81.317 [Amended] 

■ 18. Section 81.317 is amended by 

revising the table heading for ‘‘Kansas— 

SO2’’ to read ‘‘Kansas—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’. 

■ 19. Section 81.318 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Kentucky—SO2’’ to read ‘‘Kentucky— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Kentucky—2010 Sulfur Dioxide 

NAAQS (Primary)’’ following the newly 

designated table ‘‘Kentucky—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.318 Kentucky. 

* * * * * 

KENTUCKY—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Campbell-Clermont Counties, KY–OH 1 .......................................................................................................... 10–4–13 Nonattainment. 

Campbell County (part) 

That portion of Campbell County which lies south and west of the Ohio River described as follows: Beginning at geographic coordinates 38.9735 North Latitude, 84.3017 West Longitude 

(NAD 1983) on the edge of the Ohio River running southwesterly to KY Highway 1566; thence 

continuing running southwesterly along KY Highway 1566 to KY Highway 9 (AA Highway); 

thence running north westerly along KY Highway 9 (AA Highway) from Hwy 1566 to Interstate 

275; thence running northeasterly along Interstate 275 to Highway 2345 (John’s Hill Road), 

Hwy 2345 to US–27, US–27 to I–275, I–275 to the Ohio River; thence running southeasterly 

along the Ohio River from Interstate 275 to geographic coordinates 38.9735 North Latitude, 

84.3017 West Longitude (NAD 1983) 

Jefferson County, KY1 .................................................................................................................................... 10–4–13 Nonattainment. 

Jefferson County (part) 

That portion of Jefferson County compassed by the polygon with the vertices using Universal 

Traverse Mercator (UTM) coordinates in UTM zone 16 with datum NAD83 as follows: 

(1) Ethan Allen Way extended to the Ohio River at UTM Easting (m) 595738, UTM Northing 

4214086 and Dixie Highway (US60 and US31W) at UTM Easting (m) 59751, UTM Northing 

4212946; 

(2) Along Dixie Highway from UTM Easting (m) 597515, UTM Northing 4212946 to UTM Easting 

(m) 595859, UTM Northing 4210678; 

(3) Near the adjacent property lines of Louisville Gas and Electric—Mill Creek Electric Generating Station and Kosmos Cement where they join Dixie Highway at UTM Easting (m) 595859, 

UTM Northing 4210678 and the Ohio River at UTM Easting (m) 595326, UTM Northing 

4211014; 

(4) Along the Ohio River from UTM Easting (m) 595326, UTM Northing 4211014 to UTM Easting 

(m) 595738, UTM Northing 4214086 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

■ 20. Section 81.319 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Louisiana—SO2’’ to read ‘‘Louisiana— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Louisiana—2010 Sulfur Dioxide 

NAAQS (Primary)’’ following the newly 

designated table ‘‘Louisiana—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.319 Louisiana. 

* * * * * 

LOUISIANA—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

St. Bernard Parish, LA1 .................................................................................................................................. 10–4–13 Nonattainment. 

St. Bernard Parish 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

§ 81.320 [Amended] 

■ 21. Section 81.320 is amended by 

revising the table heading for ‘‘Maine— 

SO2’’ to read ‘‘Maine—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’. 

§ 81.321 [Amended] 

■ 22. Section 81.321 is amended by 

revising the table heading for 

‘‘Maryland—SO2’’ to read ‘‘Maryland— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

§ 81.322 [Amended] 

■ 23. Section 81.322 is amended by 

revising the table heading for 

‘‘Massachusetts—SO2’’ to read 

‘‘Massachusetts—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’. 

■ 24. Section 81.323 is amended as 

follows: 

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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 47201 

■ a. By revising the table heading for 

‘‘Michigan—SO2’’ to read ‘‘Michigan— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Michigan—2010 Sulfur Dioxide 

NAAQS (Primary)’’ following the newly 

designated table ‘‘Michigan—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.323 Michigan. 

* * * * * 

MICHIGAN—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Detroit, MI 1 Wayne County (part) ................................................................................................................... 10–4–13 Nonattainment. 

The area bounded on the east by the Michigan-Ontario border, on the south by the Wayne CountyMonroe County border, on the west by Interstate 75 north to Southfield Road, Southfield Road to 

Interstate 94, and Interstate 94 north to Michigan Avenue, and on the north by Michigan Avenue to 

Woodward Avenue and a line on Woodward Avenue extended to the Michigan-Ontario border 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

§ 81.324 [Amended] 

■ 25. Section 81.324 is amended by 

revising the table heading for 

‘‘Minnesota—SO2’’ to read 

‘‘Minnesota—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’. 

§ 81.325 [Amended] 

■ 26. Section 81.325 is amended by 

revising the table heading for 

‘‘Mississippi—SO2’’ to read 

‘‘Mississippi—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’. 

■ 27. Section 81.326 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Missouri—SO2’’ to read ‘‘Missouri— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Missouri—2010 Sulfur Dioxide 

NAAQS (Primary)’’ following the newly 

designated table ‘‘Missouri—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.326 Missouri. 

* * * * * 

MISSOURI—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Jackson County, MO 1 Jackson County (part) ................................................................................................ 10–4–13 Nonattainment. 

The portion of Jackson County bounded by I–70/I–670 and the Missouri River to the north; and, to 

the west of I–435 to the state line separating Missouri and Kansas 

Jefferson County, MO 1 Jefferson County (part) ............................................................................................. 10–4–13 Nonattainment. 

That portion within Jefferson County described by connecting the following four sets of UTM coordinates moving in a clockwise manner: 

(Herculaneum USGS Quadrangle) 

718360.283 4250477.056 

729301.869 4250718.415 

729704.134 4236840.30 

718762.547 4236558.715 

(Festus USGS Quadrangle) 

718762.547 4236558.715 

729704.134 4236840.30 

730066.171 4223042.637 

719124.585 4222680.6 

(Selma USGS Quadrangle) 

729704.134 4236840.30 

730428.209 4236840.3 

741047.984 4223283.996 

730066.171 4223042.637 

(Valmeyer USGS Quadrangle) 

729301.869 4250718.415 

731474.096 4250798.868 

730428.209 4236840.3 

729704.134 4236840.30 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

■ 28. Section 81.327 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Montana—SO2’’ to read ‘‘Montana— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Montana—2010 Sulfur Dioxide 

NAAQS (Primary)’’ following the newly 

designated table ‘‘Montana—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.327 Montana. 

* * * * * 

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47202 Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 

MONTANA—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Billings, MT 1

Yellowstone County (part) ........................................................................................................................ 10–4–13 Nonattainment. 

The area originates at the point defined as the southwest corner of Section 11, Township 1S, 

Range 26E. From that point the boundary proceeds north along the western section line of 

Section 11 to the point of intersection with the midline of Interstate Highway 90. From that 

point the boundary follows the midline of Interstate Highway 90, across the Yellowstone River, 

to the point where the highway midline intersects the northern boundary of Section 35, Township 1N, Range 26E. From that point the boundary proceeds east along the northern section 

line of Sections 35 and 36 to the point where Old US 87/Hardin Road leaves the section line 

and turns southeast. The boundary follows the midline of Old US 87/Hardin Road southeast to 

the point where the road intersects the western boundary of the SE @ of the SE @ of Section 

31, Township 1N, Range 27E. From that point the boundary proceeds south along the @ section line to the southern boundary of Township 1N, then east to the northeast corner of Section 5, Township 1S, Range 27E. The boundary then proceeds south along the eastern section line of sections 5 and 8 to the southeast corner of Section 8, Township 1S, Range 27E, 

where it turns west and follows the south section line of Sections 8 and 7, Township 1S, 

Range 27E; and Sections 12 and 11, Township 1S, Range 26E, back to the point of origin 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

§ 81.328 [Amended] 

■ 29. Section 81.328 is amended by 

revising the table heading for 

‘‘Nebraska—SO2’’ to read ‘‘Nebraska— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

■ 30. Section 81.329 is amended by 

revising the table heading for ‘‘Nevada— 

SO2’’ to read ‘‘Nevada—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’. 

■ 31. Section 81.330 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘New Hampshire—SO2’’ to read ‘‘New 

Hampshire—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘New Hampshire—2010 Sulfur Dioxide 

NAAQS (Primary)’’ following the newly 

designated table ‘‘New Hampshire— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’ to read as follows: 

§ 81.330 New Hampshire. 

* * * * * 

NEW HAMPSHIRE—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Central New Hampshire, NH 1

Hillsborough County (part) ....................................................................................................................... 10–4–13 Nonattainment. 

Goffstown Town 

Merrimack County (part) 

Allenstown Town, Bow Town, Chichester Town, Dunbarton Town, Epsom Town, Hooksett Town, 

Loudon Town, Pembroke Town, Pittsfield Town, City of Concord 

Rockingham County (part) 

Candia Town, Deerfield Town, Northwood Town 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

§ 81.331 [Amended] 

■ 32. Section 81.331 is amended by 

revising the table heading for ‘‘New 

Jersey—SO2’’ to read ‘‘New Jersey—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’. 

§ 81.332 [Amended] 

■ 33. Section 81.332 is amended by 

revising the table heading for ‘‘New 

Mexico—SO2’’ to read ‘‘New Mexico— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

§ 81.333 [Amended] 

■ 34. Section 81.333 is amended by 

revising the table heading for ‘‘New 

York—SO2’’ to read ‘‘New York—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’. 

§ 81.334 [Amended] 

■ 35. Section 81.334 is amended by 

revising the table heading for ‘‘North 

Carolina—SO2’’ to read ‘‘North 

Carolina—1971 Sulfur Dioxide NAAQS 

(Primary and Secondary)’’. 

§ 81.335 [Amended] 

■ 36. Section 81.335 is amended by 

revising the table heading for ‘‘North 

Dakota—SO2’’ to read ‘‘North Dakota— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

■ 37. Section 81.336 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Ohio—SO2’’ to read ‘‘Ohio—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Ohio—2010 Sulfur Dioxide NAAQS 

(Primary)’’ following the newly 

designated table ‘‘Ohio—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.336 Ohio. 

* * * * * 

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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 47203 

OHIO—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Campbell-Clermont Counties, KY–OH 1

Clermont County (part) ............................................................................................................................. 10–4–13 Nonattainment. 

Lake County, OH 1

Lake County ............................................................................................................................................. 10–4–13 Nonattainment. 

Muskingum River, OH 1 ............................................................................................................................ 10–4–13 Nonattainment. 

Morgan County (part) 

Center Township 

Washington County (part) 

Waterford Township 

Steubenville OH–WV1

Jefferson County (part) ............................................................................................................................. 10–4–13 Nonattainment. 

Cross Creek Township, Steubenville Township, Warren Township, Wells Township, Steubenville 

City 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

§ 81.337 [Amended] 

■ 38. Section 81.337 is amended by 

revising the table heading for 

‘‘Oklahoma—SO2’’ to read ‘‘Oklahoma— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

§ 81.338 [Amended] 

■ 39. Section 81.338 is amended by 

revising the table heading for ‘‘Oregon— 

SO2’’ to read ‘‘Oregon—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’. 

■ 40. Section 81.339 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Pennsylvania—SO2’’ to read 

‘‘Pennsylvania—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Pennsylvania—2010 Sulfur Dioxide 

NAAQS (Primary)’’ following the newly 

designated table ‘‘Pennsylvania—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.339 Pennsylvania. 

* * * * * 

PENNSYLVANIA—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Allegheny, PA1

Allegheny County (part) ............................................................................................................................ 10–4–13 Nonattainment. 

The area consisting of: 

Borough of Braddock 

Borough of Dravosburg 

Borough of East McKeesport 

Borough of East Pittsburgh 

Borough of Elizabeth 

Borough of Glassport 

Borough of Jefferson Hills 

Borough of Liberty 

Borough of Lincoln 

Borough of North Braddock 

Borough of Pleasant Hills 

Borough of Port Vue 

Borough of Versailles 

Borough of Wall 

Borough of West Elizabeth 

Borough of West Mifflin 

City of Clairton 

City of Duquesne 

City of McKeesport 

Elizabeth Township 

Forward Township 

North Versailles Township 

Beaver, PA1

Beaver County (part) ................................................................................................................................ 10–4–13 Nonattainment. 

Area consisting of Industry Borough, Shippingport Borough, Midland Borough, Brighton Township, Potter Township and Vanport Township 

Indiana, PA1 ..................................................................................................................................................... 10–4–13 Nonattainment. 

Indiana County 

Armstrong County (part) 

Area consisting of Plumcreek Township, South Bend Township, and Elderton Borough 

Warren, PA1

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47204 Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 

PENNSYLVANIA—2010 SULFUR DIOXIDE NAAQS (PRIMARY)—Continued 

Designated area 

Designation 

Date Type 

Warren County (part) ................................................................................................................................ 10–4–13 Nonattainment 

Area consisting of Conewango Township, Glade Township, Pleasant Township, and the City of 

Warren 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

§ 81.340 [Amended] 

■ 41. Section 81.340 is amended by 

revising the table heading for ‘‘Rhode 

Island—SO2’’ to read ‘‘Rhode Island— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

§ 81.341 [Amended] 

■ 42. Section 81.341 is amended by 

revising the table heading for ‘‘South 

Carolina—SO2’’ to read ‘‘South 

Carolina—1971 Sulfur Dioxide NAAQS 

(Primary and Secondary)’’. 

§ 81.342 [Amended] 

■ 43. Section 81.342 is amended by 

revising the table heading for ‘‘South 

Dakota—SO2’’ to read ‘‘South Dakota— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

■ 44. Section 81.343 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Tennessee—SO2’’ to read 

‘‘Tennessee—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Tennessee—2010 Sulfur Dioxide 

NAAQS (Primary)’’ following the newly 

designated table ‘‘Tennessee—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.343 Tennessee. 

* * * * * 

TENNESSEE—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Sullivan County, TN 1

Sullivan County (part) ............................................................................................................................... 10–4–13 Nonattainment. 

That portion of Sullivan County encompassing a circle having its center at the B–253 power 

house coordinates 36.5186 N; 82.5350 W and having a 3-kilometer radius 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

§ 81.344 [Amended] 

■ 45. Section 81.344 is amended by 

revising the table heading for ‘‘Texas— 

SO2’’ to read ‘‘Texas—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’. 

§ 81.345 [Amended] 

■ 46. Section 81.345 is amended by 

revising the table heading for ‘‘Utah— 

SO2’’ to read ‘‘Utah—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’. 

§ 81.346 [Amended] 

■ 47. Section 81.346 is amended by 

revising the table heading for 

‘‘Vermont—SO2’’ to read ‘‘Vermont— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

§ 81.347 [Amended] 

■ 48. Section 81.347 is amended by 

revising the table heading for 

‘‘Virginia—SO2’’ to read ‘‘Virginia— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

§ 81.348 [Amended] 

■ 49. Section 81.348 is amended by 

revising the table heading for 

‘‘Washington—SO2’’ to read 

‘‘Washington—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’. 

■ 50. Section 81.349 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘West Virginia—SO2’’ to read ‘‘West 

Virginia—1971 Sulfur Dioxide NAAQS 

(Primary and Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘West Virginia—2010 Sulfur Dioxide 

NAAQS (Primary)’’ following the newly 

designated table ‘‘West Virginia—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.349 West Virginia. 

* * * * * 

WEST VIRGINIA—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Steubenville, OH–WV1

Brooke County (part) ................................................................................................................................ 10–4–13 Nonattainment. 

Area bounded by the Cross Creek Tax District 

Marshall, WV1

Marshall County (part) .............................................................................................................................. 10–4–13 Nonattainment. 

Area consisting of Clay Tax district, Franklin Tax District, and Washington Tax District 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 47205 

* * * * * 

■ 51. Section 81.350 is amended as 

follows: 

■ a. By revising the table heading for 

‘‘Wisconsin—SO2’’ to read 

‘‘Wisconsin—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’; and 

■ b. By adding a new table entitled 

‘‘Wisconsin—2010 Sulfur Dioxide 

NAAQS (Primary)’’ following the newly 

designated table ‘‘Wisconsin—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’ to read as follows: 

§ 81.350 Wisconsin. 

* * * * * 

WISCONSIN—2010 SULFUR DIOXIDE NAAQS (PRIMARY) 

Designated area 

Designation 

Date Type 

Rhinelander, WI1

Oneida County (part) ................................................................................................................................ 10–4–13 Nonattainment. 

City of Rhinelander, Crescent Town, Newbold Town, Pine Lake Town, and Pelican Town 

1Excludes Indian country located in each area, if any, unless otherwise specified. 

* * * * * 

§ 81.351 [Amended] 

■ 52. Section 81.351 is amended by 

revising the table heading for 

‘‘Wyoming—SO2’’ to read ‘‘Wyoming— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

§ 81.352 [Amended] 

■ 53. Section 81.352 is amended by 

revising the table heading for 

‘‘American Samoa—SO2’’ to read 

‘‘American Samoa—1971 Sulfur Dioxide 

NAAQS (Primary and Secondary)’’. 

§ 81.353 [Amended] 

■ 54. Section 81.353 is amended by 

revising the table heading for ‘‘Guam— 

SO2’’ to read ‘‘Guam—1971 Sulfur 

Dioxide NAAQS (Primary and 

Secondary)’’. 

§ 81.354 [Amended] 

■ 55. Section 81.354 is amended by 

revising the table heading for ‘‘Northern 

Mariana Islands—SO2’’ to read 

‘‘Northern Mariana Islands—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’. 

§ 81.355 [Amended] 

■ 56. Section 81.355 is amended by 

revising the table heading for ‘‘Puerto 

Rico—SO2’’ to read ‘‘Puerto Rico—1971 

Sulfur Dioxide NAAQS (Primary and 

Secondary)’’. 

§ 81.356 [Amended] 

■ 57. Section 81.356 is amended by 

revising the table heading for ‘‘Virgin 

Islands—SO2’’ to read ‘‘Virgin Islands— 

1971 Sulfur Dioxide NAAQS (Primary 

and Secondary)’’. 

[FR Doc. 2013–18835 Filed 8–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2000–0003; FRL 9842–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Direct 

Deletion of the Imperial Refining 

Company Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is publishing a 

direct final Notice of Deletion of the 

Imperial Refining Co. Superfund Site 

located in Ardmore, Carter County, 

Oklahoma, from the National Priorities 

List (NPL). The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Oklahoma, through the Oklahoma 

Department of Environmental Quality 

(ODEQ), because EPA has determined 

that all appropriate response actions 

under CERCLA, other than operation, 

maintenance, and five-year reviews 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: This direct final deletion is 

effective September 19, 2013 unless 

EPA receives adverse comments by 

September 4, 2013. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2000–0003, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

internet on-line instructions for 

submitting comments. 

• Email: Brian W. Mueller, 

mueller.brian@epa.gov. 

• Fax: 214–665–6660. 

• Mail: Brian W. Mueller; U.S. 

Environmental Protection Agency, 

Region 6; Superfund Division (6SF–RA); 

1445 Ross Avenue, Suite 1200; Dallas, 

Texas 75202–7167. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 6; 1445 Ross 

Avenue, Suite 700; Dallas, Texas 75202– 

2733; Contact: Brian W. Mueller (214) 

665–7167. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–AFUND–2000– 

0003. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

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