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Citation: 78 Fed. Reg. 47191 2013

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register/Vol. 78, No. 150/Monday, August 5, 2013/Rules and Regulations

(b)The Secretary must provide each agency byJanuary 15 ofeach year with the format and guidelines for electronically submitting the agency's occupational injury and illness recordkeeping information. (c) Each agency must submitto the Secretary by May 1,2014, a list ofall establishments. The list mustinclude information about the department/ agency affiliation, NAICS code, a street address, city, state and zip code. Federal agencies are also responsible for updating their listofestablishments by May 1ofeach year when they submit the annual report to the Secretary required by §1960.71(a)(1).

* 8. Addnew §1960.73 to read as follows: §1960.73 Federal agency injuryand illnessrecordkeeping forms.

(a)When filling out the OSHA Form 300 or equivalent, each agency must enter the employee's OPMjob series number andjob title in Column (c). (b)When recording the injuries and illnesses ofuncompensated volunteers, each agency must enter a "V" before the OPMjob series number in Column (c) of the OSH Form 300 log or equivalent. (c) Each agency must calculate the total number ofhours worked by uncompensated volunteers.

[FR Doe. 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 ofdeviation 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 7p.m. on August 19, 2013 to 7p.m. August 27, 2013. ADDRESSES: The docket for this deviation, [USCG-2013-0687] is available athttp://www.regulations.gov. Type the docket number inthe "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 ofthe Department of Transportation West Building, 1200 NewJersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5p.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. Ifyou have questions on reviewing the docket, call Barbara Hairston, Program Manager, Docket Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION: The North Carolina Department ofTransportation, 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 7p.m., need only open onthe hour; and except for annual triathlon events that occur from September through November. The S.R. 74 Bridge has a temporaryvertical clearance in the closed position of18 feet above mean high water due to additional ongoing maintenance.

Under this temporary deviation, the drawbridge willbe maintained in the closed to navigation position,beginning at 7p.m., on Monday, August 19, 2013 until 7p.m., onTuesday August 20, 2013. In the event ofinclement weather, the alternate dates and times will begin at 7p.m., on Monday August 26, 2013 ending at 7p.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 toproceed with caution. The bridge willbe able to open for emergencies but at a slower rate. There is noimmediate alternate route for vessels transiting this section ofthe 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 ofthe closure periods for thebridge 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 itsregular operating schedule immediately at the end ofthe designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35.

Dated: July25, 2013. Waverly W. Gregory, Jr., BridgeProgram Manager, Fifth CoastGuard District.
[FR Doe. 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] RIN2060-AR18

Air Quality Designations forthe 2010 Sulfur Dioxide (SO 2) 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 forthe 2010primary Sulfur Dioxide (SO 2)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 SO 2 NAAQS and areas that contribute to SO 2 air pollution in a nearby area that does not meet the SO 2NAAQS. Atthis time, the EPA is designating as nonattainment most areas in locations where existing monitoring data from 2009-2011 indicate violations ofthe 1-hour SO 2 standard. The EPA intends to address in separate future actions the designations for all other areas forwhich the agency is not yet prepared to issue designations and that are consequently not addressed in this final rule. The Clean AirAct (CAA) directs areas designated nonattainment by this rule to undertake certain planning and pollution control 

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activities to attain the NAAQS as expeditiously as practicable. DATES: EffectiveDate:The effective date ofthis rule is October 4, 2013. ADDRESSES: The EPA has established a docketfor this action under Docket ID No. EPA-HQ-OAR-2012-0233. All documents in the docket are listed in the www.regulations.govindex. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information

orother 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.govor 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 SO 2 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 ofAir 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:

RegionalOffice Contacts: Region I-Donald Dahl (617) 918- 1657,

Region II637-3702,

Region III2191,

Region IV562-9040,

Region V886-6067,

Region VI665-7241, -Kenneth Fradkin (212)

-Ruth Knapp (215) 814-

-Lynorae Benjamin (404)

-John Summerhays (312)

-Dayana Medina (214)

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

Dave Conroy, Chief, Air Programs Branch, EPA New England, 1 Congress Street, Suite 1100, Boston, MA 02114-2023, (617) 918-1661. Richard Ruvo, Chief, Air Planning Section, EPA Region II, 290 Broadway, 25th Floor, New York, NY 10007-1866, (212) 637-4014. Cristina Fernandez, Associate Director, Office of Air Program Planning,

EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2187, (215) 814-2178. 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. John Mooney, Chief, Air Programs Branch, EPA Region V, 77 West

Jackson Street, Chicago, IL 60604, (312) 886-6043. Guy Donaldson, Chief, Air Planning Section, EPA Region VI, 1445

Ross Avenue, Dallas, TX 75202, (214) 665-7242. Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 11201

Renner Blvd., Lenexa, KS 66129, (913) 551-7606. Gail Fallon, Acting Unit Chief, Air Quality Planning Unit, EPA Region

VIII, 1595 Wynkoop Street, Denver, CO 80202-1129, (303) 312- 6281. Doris Lo, Air Planning Office, EPA Region IX, 75 Hawthorne Street,

San Francisco, CA 94105, (415) 972-3959. 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. States Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island

and Vermont. New Jersey, New York, Puerto Rico and Virgin Islands.
Delaware, District of Columbia, Maryland, Pennsylvania, Virginia and

West Virginia.
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,

South Carolina andTennessee.
Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin.
Arkansas, Louisiana, New Mexico, Oklahoma and Texas.
Iowa, Kansas, Missouri and Nebraska.
Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming.

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

Northern Mariana Islands. Alaska, Idaho, Oregon and Washington.

Table ofContents

The following is an outline ofthe Preamble.
I.Preamble Glossary ofTerms and Acronyms II. What is the purpose ofthis document? III. Whatis sulfur dioxide? IV. What is the 2010 SO 2 NAAQS and what

are the health concerns that it addresses? V. What are the CAA requirements for air quality designations andwhat 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 canI 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 andExecutive 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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I. Preamble Glossary of Terms and Acronyms

The following are abbreviations ofterms used in thepreamble. APA Administrative Procedure Act CAA Clean AirAct CFR Code ofFederal Regulations DC District ofColumbia 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 ofManagement and Budget S0 2 Sulfur Dioxide Sox Sulfur Oxides RFA RegulatoryFlexibility 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. Whatisthe purpose ofthis document?

The purpose ofthis action is to
announce and promulgate designations andboundaries for certain areas ofthe country not meeting the 2010 SO 2 NAAQS based on available information, in accordance with the requirements of the CAA. The initial listof areas being designated nonattainment in each state and theboundaries 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 SO 2NAAQS. The basis for designating each area as "nonattainment" is monitored air quality data from calendar years 2009- 2011 indicating a violation ofthe NAAQS in the area. Forthese areas being designated nonattainment, the CAA directs states to develop State Implementation Plans (SIPs) that meet the requirements ofsections 172(c) and 191-192 ofthe CAA and provide for attainment ofthe 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 ofthese designations, i.e., by April 6, 2015.
III.What is sulfur dioxide?

SO 2is one ofa group ofhighly reactive gasses known as "oxides of sulfur" (SOx). The largest sources of SO 2 emissions are from fossil fuel combustion at power plants (73 percent) and other industrial facilities (20 percent). Smaller sources of SO 2 emissions include industrial processes, such as extracting metal from ore, and the burning ofhigh sulfur containing fuels bylocomotives, large ships and non-road equipment. S0 2is linked with

a number ofadverse effects on the respiratory system. IV. Whatisthe 2010 SO2NAAQS and what arethe health concerns thatit addresses?

The Administrator signed a final rule revising the primary SO 2NAAQS on June 2, 2010. The rule was published in the Federal Register onJune 22, 2010 (75 FR 35520), andbecame effective on August 23, 2010. Based on the Administrator's review ofthe air quality criteria for oxides ofsulfur and the primary NAAQS for oxides of sulfur as measured by SO 2,the EPA revised the primary SO 2NAAQS to provide requisite protection ofpublic health with an adequate margin of safety. Specifically, the EPA established a new 1-hour SO 2 standard at a level of75 parts per billion (ppb),which is met at
an ambient air quality monitoring site when the 3-year average ofthe annual 99th percentile of 1-hour daily maximum concentrations is less than or equal to 75 ppb, as determined in accordance with Appendix T of40 CFR part 50. 40 CFR 50.17(a)-(b). The EPA also established provisions to revoke both the existing 24-hour and annual primary SO 2 standards, subject to certain conditions. 40 CFR 50.4(e).

Current scientific evidence links short-term exposures to SO 2,ranging from 5minutes to 24 hours, with an array ofadverse 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 SO 2is designed toprotect against exposure to the entire group ofSOx. SO 2is the component ofgreatest concern and is used as the indicator forthe larger group ofgaseous SOx. Other gaseous SOx (e.g., SO 3)are found in the atmosphere at concentrations much lower than SO 2.

Emissions that lead to high concentrations ofSO 2 generally also lead to the formation ofother SO.x Control measures thatreduce SO 2 can generally be expected to reduce people's exposures to all gaseous SO.x Thismay also have the important co-benefit of reducing the formation offine 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.' The EPA's NAAQS for particulate matter are designed to provide protection against these health effects.
V. What arethe CAA requirementsfor air quality designations andwhat action hasthe EPAtakento meet these requirements?

After the promulgation ofa new or revised NAAQS, the EPA is required to designate areas as "nonattainment," "attainment," or "unclassifiable," pursuant to section 107(d)(1) ofthe CAA.

The process for designating areas following promulgation ofa new or revised NAAQS is contained in section 107(d)ofthe CAA. The CAA requires the EPA to complete the initial designations process within 2 years of promulgating a new or revised standard. Ifthe Administrator has insufficient information to make these designations by thatdeadline, the EPA has the authority to extend the deadline for completing designations by up to 1year. On July 27, 2012, the EPA announced that ithad insufficient information to complete the designations forthe 1-hour SO 2 standard within 2 years and extended the designations deadline to June 3, 2013.

At this time, the EPA isinitially designating as nonattainment most areas in locations where existing monitoring data from 2009-2011 indicate violations ofthe 1-hour SO 2 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 forwhich 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 SO 2 designations actions thatfocuses

resources on identifying and addressing unhealthy levels ofSO 2in areas where people are mostlikely tobe exposed to violations ofthe standard. For

1SeeFactSheet Revisions tothe Primary National Ambient AirQuality Standard, Monitoring Network, andData Reporting Requirements for Sulfur Dioxide athttp://www.epa.govlairqualityl sulfurdioxidelpdfs/2ol00602fs.pdf. 

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informational purposes, the strategy is available at: http://www.epa.govairquality/sulfurdioxide/ implement.html. The EPA plansto continue to work closely with state, tribal and local air quality management agencies to ensure health-protective,

commonsense implementation ofthe 1- hour S02 NAAQS.

By not later than 1year after the promulgation ofa 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 notmeet the statutory requirements or were otherwise inconsistent with the facts or analysis deemed appropriate by the EPA. Ifthe 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 ofthe final designation. During this period ofno less than 120 days, ifthe state does not agree with the EPA's modification, ithas an opportunity to respond tothe EPA and to demonstrate why itbelieves the modification proposed by the EPA is inappropriate, as contemplated by section 107(d)(1)(B)(ii). Even ifa state fails to provide any recommendation for
an area, in whole or inpart, 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) ofthe CAA defines a nonattainment area as any area that does not meet an ambient air quality standard or thatis contributing to ambient air quality in a nearby area that does not meet the standard. Ifan
area meets either prong ofthis 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 howbest to interpret the terms in the definition ofa nonattainment area (e.g., "contributes to" and "nearby") for a new or revised NAAQS, given considerations such as the nature ofa specific pollutant, the types ofsources thatmay contribute to violations, the form ofthe standards for the pollutant, and other relevant information. In particular, the EPA believes that the statute does notrequire the agency to establish bright line tests
or thresholds for what constitutes "contribution" or "nearby" for purposes ofdesignations.2 Similarly, the EPA believes that the statute permits the EPA to evaluate the appropriate application ofthe 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 forfederallyrecognized tribal governments are covered under the authority of section 301(d) ofthe CAA. This provision ofthe 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. Thatrule specifies those provisions ofthe 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 ofeligibility 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 oftribes in the

same manner as states. Under the TAR, tribes generally are not subject to the

same submission schedules imposedby 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 oftribes 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 TARfor eligibility to submit its own recommendations under section 107(d). Nonetheless, the EPA invited all tribes to submit recommendations concerning designations for the 2010 SO 2 NAAQS. The EPA worked with the tribes that

2 This viewwas confirmed in CatawbaCountyv. EPA, 571 F.3d 20 (DC Ch. 2009). 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 byJune 3, 2011. After receiving these recommendations, and afterreviewing and evaluating each recommendation, the EPA provided a response to the states and tribes on February 7, 2013. 3 Inthese letter responses, we indicated whether the EPA intended to make modifications to the initial state ortribal recommendations and explained the EPA's reasons for making any such modifications. For the majority ofthe 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 tothe EPA's proposed modifications and providing additional information. The EPA evaluated these comments, and all ofthe timely supporting technical information provided. As aresult, andbased onthat input and analysis, some ofthe final designations reflect further modifications tothe initial state recommendations. The state and tribal letters, including the initial recommendations, the EPA's February 2013 responses tothose letters, any modifications, and the subsequent state comment letters, are in the docket for this action.

Although not required by section 107(d) ofthe 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 statedthat public comments mustbe received on orbefore March 18, 2013. The EPA received several requests from stakeholders for additional time to prepare their comments. Some ofthe requesters noted that the original 30-day comment period was insufficient time to

3As indicated in the February 2013 letters, the EPA is notyet prepared to designate anyareas in Indian country. The EPA intends to address the designations forthese areas in separate future actions. 

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review the EPA's responses to states' and tribes' recommended designations and to compile meaningful responses due to the complexity ofthe 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 andthe EPA's responses to significant comments are in the docket forthis action.
VI. Whatguidance didtheEPA issue andhow didthe EPA apply the statutoryrequirementsand applicable guidance to determine area designations andboundaries?

In the notice ofproposed rulemaking for the revised SO 2NAAQS (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 offinal rulemaking (75 FR 35520; June 22, 2010), provided further guidance concerning implementation of the standard and how to identify nonattainment areas andboundaries for the SO 2NAAQS. Subsequently, on March 24, 2011, the EPA provided additional designations guidance to assist states with making their recommendations for area designations and boundaries. 4In that guidance, the EPA recommended that monitoring data from the mostrecent three consecutive years be used to identify aviolation of the SO 2NAAQS. Thisis appropriate because the form ofthe S02 NAAQS is calculated as a 3-year average ofthe 99thpercentile ofthe yearly distribution of 1-hour daily maximum S02 concentrations (specifically the most recent 3consecutive years).5The EPA is basing these initial final designations on monitored S0 2 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 andtribes when they made their recommendations to the EPA inJune 2011. Accordingly,

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 noticerefers to monitoring data for "calendar years 2009-2011" which includes data from January 2009 through December 2011. although the determination ofwhether

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 wouldbe 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 aspart ofthe 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 inJune 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 airquality datahas the EPA used?

The final SO 2 designations contained in this action are based upon violations ofthe NAAQS determined by air quality monitoring data from calendar years 2009-2011, except where itwas necessary or appropriate to use a different three-year period. The form of the standard requires a calculation of monitoring values from 3consecutive years. The 1-hour primary standard is violated at an ambient air quality monitoring site when the 3-year average ofthe annual 99th percentile ofthe daily maximum 1-hour average concentrations exceeds 75 ppb, as determined in accordance with appendix T of40 CFR part 50. For comparison to the level ofthe standard, ambient air quality shall be measured by

a reference methodbased on appendix A or A-1, orby a Federal Equivalent Method designated in accordance with 40 CFR part 53.
VIII. How do designations affect Indian Country?

All counties, partial counties orAir Quality Control Regions listed in the tables within the regulatory text are designated as indicated. Forthe first round ofSO 2 designations, the EPA is only designating certain nonattainment

areas shown tobe violating the NAAQS based onmonitored 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 willbe addressed in a subsequent round ofdesignations.
IX. Where can I find information forming the basis forthis rule and exchanges between the EPA, States and tribesrelated to this rule?

Information providing thebasis 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 ofthis document and on the agency's S02 Designations Web site athttp:// www.epa.gov/so2designations.Areaspecific questions canbe addressed to the EPA Regional Offices. X. Statutoryand 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 onwhether such areas are attaining or not attaining the NAAQS. In this final rule, the EPA assigns designations to selected areas as required.
A. Executive Order12866:Regulatory Planning andReview andExecutive Order13563:ImprovingRegulationand RegulatoryReview

This action responds to the CAA requirement to promulgate air quality designations after promulgation of a
new orrevised 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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B. Paperwork ReductionAct This action does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act, 44 U.S.C. 3501 etseq.Burden is defined at 5CFR 1320.3(b). This action responds to the requirement to promulgate air quality designations after promulgation ofa new or revised NAAQS. This requirement is prescribed in the CAA section 107 oftitle 1.This action does not establish any new information collection apart from that already required by law.
C.RegulatoryFlexibility Act This final rule is not subject to the Regulatory Flexibility Act (RFA), which generally requires an agency to prepare
aregulatory flexibility analysis for any rule that will have a significant economic impact on a substantial number ofsmall entities. The RFA applies only torules 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 ofproposed rulemaking before issuing this final action.
D. UnfundedMandatesReformAct

This action contains no federal mandate under the provisions ofTitle II ofthe Unfunded Mandates Reform Act of1995 (UMRA), 2U.S.C. 1531-1538 for state, local or tribal governments orthe 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 ofsections 202 and 205 ofthe UMRA.

This action is also not subject to the requirements of section 203 ofUMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. It does not create any additional requirements beyond those ofthe CAA and SO 2NAAQS (40 CFR 50.17); therefore, no UMRA analysis is needed. This action establishes nonattainment designations for certain areas ofthe country for the 2010 SO 2NAAQS. The CAA requires states to develop plans, including control measures, based on the designations for areas withinthe state.

The EPA believes that any new controls imposed as a result ofthis 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 1year. E.Executive Order13132:Federalism

This final action does not have federalism implications. It will nothave substantial direct effects on the states,
on the relationship between the national government and the states or onthe distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132. The CAA establishes the process whereby states take primary responsibility in developing plans to meet the SO 2 NAAQS in areas designated nonattainment by this action. This action will not modify the relationship ofthe states and the EPA for purposes ofdeveloping programs to attain and maintain the SO 2NAAQS. Thus, Executive Order 13132 does not apply to this action.
F.Executive Order13175:Consultation andCoordinationWithIndian 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 ofcertain areas as nonattainment for the 2010 SO 2 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 staffregarding the designations process. The EPA also sent individualized letters to all federally recognized tribes to explain the designation process for the 2010 SO 2 NAAQS, toprovide 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 SO 2 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 SO 2NAAQS, 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 Order13045:Protectionof ChildrenFromEnvironmentalHealth andSafetyRisks

The action isnot subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because itis 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 SO 2nonattainment

areasbecause respiratory effects in asthmatics are among the most sensitive health endpoints for SO 2 exposure. Because asthmatic children are considered a sensitive population, the EPA evaluated the potential health effects ofexposure to SO 2pollution among asthmatic children as part ofthe EPA's prior action establishing the 2010 SO 2NAAQS. These effects and the size ofthe population affected are summarized in the EPA's final SO 2 NAAQS rules. Seehttp://www.epa.govl ttn/naaqs/standards/so2/fr! 20100622.pdf.
H. Executive Order13211:Actions That Significantly Affect EnergySupply, Distribution,or Use

This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it isnot a significant regulatory action under Executive Order 12866.
I. NationalTechnologyTransferand AdvancementAct (NTTAA)

Section 12(d) ofthe 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 andbusiness practices) that

are developed or adoptedby 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 Order12898:Federal Actions ToAddressEnvironmental Justicein MinorityPopulations 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

federal agencies, to the greatest extent practicable and permitted by law,to make environmental justice part oftheir mission by identifying and addressing,

as appropriate, disproportionately high and adverse human health or environmental effects oftheirprograms, 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 ofthe 2010 S02 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 nothave 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 ReviewAct 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 thatbefore a rule may take effect, the agency promulgating the rulemust submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe U.S. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives and the Comptroller General ofthe U.S. prior to publication ofthe rule in the Federal Register. Amajor rule cannot take effect until 60 days after itis published in the FederalRegister. This action is not a "major rule" as defined by 5U.S.C. 804(2). This rule willbe effective October 4, 2013.
L. Judicial Review Section 307(b)(1) ofthe CAA indicates which Federal Courts ofAppeal have

venue for petitions ofreview offinal actions by the EPA. This section provides, in part, thatpetitions for review must be filed in the Court of Appeals for the District ofColumbia Circuit: (i) When the agency action consists of"nationally applicable regulations promulgated, or final actions taken, by the Administrator," or (ii) when such action islocally orregionally applicable, if "such action is based on
a determination ofnationwide scope or effect and ifin taking such action the Administrator finds andpublishes that such action is based on such a determination."

This final action designating areas for the 2010 SO 2NAAQS 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 SO 2 NAAQS. At the core ofthis final action is the EPA's interpretation ofthe definition of nonattainment under section 107(d)(1) ofthe CAA, and its application ofthat interpretation to areas across the country. For the same reasons, the Administrator also is determining that the final designations are ofnationwide scope and effect for the purposes of section 307(b)(1). This is particularly appropriate because, in the report on the 1977 Amendments thatrevised section 307(b)(1) ofthe 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 ofthis 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 tobe in the DC Circuit.

Thus, any petitions for review offinal designations mustbe filed in the Court ofAppeals for the District ofColumbia Circuit within 60 days from the date final action ispublished in the Federal Register.
List of Subjects in 40 CFRPart81

Environmental protection, Air pollution control, National parks, Wilderness areas.

Dated: July 25, 2013. GinaMcCarthy, EPAAdministrator.

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

m 1. The authority citation for part81 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 "AlaskaSO2 " toread "Alaska-1971 Sulfur Dioxide NAAQS (Primary and Secondary)".

* 4. Section 81.303 is amended as follows: * a.Byrevising the table heading for "Arizona-SO2" toread "Arizona1971 Sulfur Dioxide NAAQS (Primary and Secondary)"; and * b. By adding anewtable 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)
Designation Designated area Date Type


### H

ayd en,A Z1

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

R15E; T5S, R16E Final County (part) 10-4-13 Nonattainment. 

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

ARIZONA-2010 SULFUR DIOXIDE NAAQS (PRIMARY)-Continued
Designation Designated area 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 N onattain ment. 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.

1971 Sulfur Dioxide NAAQS (Primary ofColumbia-SO2" to read "District of
and Secondary)". Columbia-1971 Sulfur Dioxide

5. Section 81.304 is amended by §81.307 [Amended] NAAQS (Primary and Secondary)".

revising the table heading for

. 8. Section 81.307 is amended by * 11. Section 81.310 is amended as "Arkansas-SO2" to read "Arkansas- revising the table heading for follows: 1971 Sulfur Dioxide NAAQS (Primary "Connecticut-SO 2" to read m a.By revising the table heading for and Secondary)". "Connecticut-1971 Sulfur Dioxide "Florida-SO2" to read "Florida-1971
§ 81.305 [Amended] NAAQS (Primary and Secondary)". Sulfur Dioxide NAAQS (Primary and §81.308 [Amended] Secondary)"; and 0 6. Section 81.305 is amended by mb. By adding anewtable entitled revising the table heading for * 9. Section 81.308 is amended by "Florida-2010 Sulfur Dioxide NAAQS "California-SO2" to read "California- revising the table heading for (Primary)" following the newly 1971 Sulfur Dioxide NAAQS (Primary "Delaware-SO 2" to read "Delaware- designated table "Florida-1971 Sulfur and Secondary)". 1971 Sulfur Dioxide NAAQS (Primary Dioxide NAAQS (Primary and §81.306 [Amended] Secondary)" to read as follows: §81.309 [Amended] * 7. Section 81.306 is amended by §81.310 Florida. revising the table heading for * 10. Section 81.309 is amended by * * * * "Colorado-SO2" to read "Colorado- revising the table heading for "District

FLORIDA-2010 SULFUR DIOXIDE 

### NAAQS (PRIMARY)
Designation Designated area Date Type

Hillsborough County ,FL 1

................................................................................................................................ 10-4

- 13 N onattainment. 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 N

assau County, FL 1

........................................................................................................................................ 10-4

- 13 N onattainment. 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 amendedby revising the table heading for "Hawaii SO 2" to read "Hawaii-1971 Sulfur Dioxide NAAQS (Primary and Secondary)". §81.313 [Amended]

* 14. Section 81.313 is amendedby revising the table heading for "IdahoSO 2" toread "Idaho-1971 Sulfur Dioxide NAAQS (Primary and Secondary)". 0 15. Section 81.314 is amended as follows:

ma.Byrevising the table heading for "Illinois-SO 2" to read "Illinois-1971 Sulfur Dioxide NAAQS (Primary and Secondary)"; and

mb. By adding anewtable entitled "Illinois-2010 Sulfur Dioxide NAAQS 

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

(Primary)" following the newly Dioxide NAAQS (Primary and §81.314 Illinois. designated table "Illinois-1971 Sulfur Secondary)" to read as follows: * * * * *
ILLINOIS-2010 SULFUR DIOXIDE NAAQS (PRIMARY)
Designation Designated area Date Type

Lemont, IL1

...................................................................................................................................................... 10

- 4

- 13 N onattain ment. Cook County (part) Lemont Township Will County (part) DuPage Township and Lockport Township Pekin
, IL1

......................................................................................................................................................... 10-4

- 13 N onattain ment. 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.

• * * * * Sulfur Dioxide NAAQS (Primary and Dioxide NAAQS (Primary and

* 16. Section 81.315 is amended as Secondary)"; and Secondary)" to read as follows: * b. By adding anewtable entitled follows: "Indiana-2010 Sulfur Dioxide NAAQS §81.315 Indiana.

m a.By revising the table heading for (Primary)" following the newly * * * * "Indiana-SO2" to read "Indiana-1971 designated table "Indiana-1971 Sulfur

INDIANA-2010 SULFUR DIOXIDE NAAQS (PRIMARY)
Designation Designated area Date Type

Indianapolis
, IN1

.............................................................................................................................................. 10-4

- 13 Nonattainment. Marion County (part) Wayne Township, Center Township, Perry Township M

organ County, IN1
........................................................................................................................................ 10-4

- 13 N onattain ment. Morgan County (part) Clay Township, Washington Township Southwest Indiana, IN 1

................................................................................................................................... 10-4

- 13 Nonattainment. Daviess County (part) VealeTownship Pike County (part) Washington Township Terre H aute, IN1

.............................................................................................................................................. 10-4

- 13 Nonattainment. Vigo County (part) Fayette Township, Harrison Township

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

* * * * * Sulfur Dioxide NAAQS (Primary and Dioxide NAAQS (Primary and

* 17. Section 81.316 is amended as Secondary)"; and Secondary)" to read as follows: * b. By adding anewtable entitled follows: "Iowa-2010 Sulfur Dioxide NAAQS §81.316 Iowa. * a.By revising the table heading for (Primary)" following the newly * * * * "Iowa-SO2" to read "Iowa-1971 designated table "Iowa-1971 Sulfur


### IOWA-2010 SULFUR DIOXIDE NAAQS (PRIMARY)
Designation

Designated area Date Type

M

uscatine
,IA 1

................................................................................................................................................. 10-4

- 13 N onattain ment. 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, RlW (Sweetland Township)

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

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

* 19. Section 81.318 is amended as NAAQS (Primary)" following the newly follows: designated table "Kentucky-1971 §81.317 [Amended] 

### ma. Byrevising the table heading for Sulfur Dioxide NAAQS (Primary and * 18. Section 81.317 is amended by "Kentucky-SO 2" to read "Kentucky- Secondary)" to read as follows: revising the table heading for "Kansas- 1971 Sulfur Dioxide NAAQS (Primary SO 2" toread "Kansas-1971 Sulfur and Secondary)"; and §81.318 Kentucky. Dioxide NAAQS (Primary and * b. By adding anewtable entitled Secondary)". "Kentucky-2010 Sulfur Dioxide
KENTUCKY-2010 SULFUR DIOXIDE NAAQS (PRIMARY)
Designation Designated area Date Type

Campbell-Clermont Counties, KY-OH1

.......................................................................................................... 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 1-275, 1-275 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 C ounty,KY 1

.................................................................................................................................... 

### 10-4

-13 N onattainment. 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 theyjoin 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.

• * * * * 1971 Sulfur Dioxide NAAQS (Primary Sulfur Dioxide NAAQS (Primary and

20. Section 81.319 is amended as and Secondary)"; and Secondary)" to read as follows: 2 b. By adding anewtable entitled follows: "Louisiana-2010 Sulfur Dioxide §81.319 Louisiana.

m a.By revising the table heading for NAAQS (Primary)" following the newly * * * * * "Louisiana-SO2" to read "Louisiana- designated table "Louisiana-1971

LoUISIANA-2010 SULFUR DIOXIDE 

### NAAQS (PRIMARY)
Designation Designated area Date Type
St. B ernard Parish
, LA 1

.................................................................................................................................. 10-4

- 13 N onattainment. 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 "MaineSO 2" to read "Maine-1971 Sulfur Dioxide NAAQS (Primary and Secondary)". §81.321 [Amended]

0 22. Section 81.321 is amendedby revising the table heading for "Maryland-SO 2" to read "Maryland1971 Sulfur Dioxide NAAQS (Primary and Secondary)". §81.322 [Amended]

0 23. Section 81.322 is amended by revising the table heading for "Massachusetts-SO2" to read "Massachusetts-1971 Sulfur Dioxide NAAQS (Primary and Secondary)".

0 24. Section 81.323 is amended as follows: 

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

* a.Byrevising the table heading for * b. By adding anewtable entitled Sulfur Dioxide NAAQS (Primary and "Michigan-SO2" toread "Michigan- "Michigan-2010 Sulfur Dioxide Secondary)" to read as follows: 1971 Sulfur Dioxide NAAQS (Primary NAAQS (Primary)" following the newly §81.323 Michigan. and Secondary)"; and designated table "Michigan-1971

. . . .

MICHIGAN-2010 SULFUR DIOXIDE NAAQS (PRIMARY)
Designation Designated area Date Type

D

etroit, MI 1

W ayne 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.

* * * * * §81.325 [Amended] 1971 Sulfur Dioxide NAAQS (Primary §81.324 [Amended] 0 26. Section 81.325 is amendedby and Secondary)"; and revising the table heading for * b. By adding anewtable entitled

* 25. Section 81.324 is amended by "Mississippi-SO2" to read "Missouri-2010 Sulfur Dioxide revising the table heading for "Mississippi-1971 Sulfur Dioxide NAAQS (Primary)" following the newly "Minnesota-SO2" to read NAAQS (Primary and Secondary)". designated table "Missouri-1971 Sulfur Dioxide NAAQS (Primary and "Minnesota-1971 Sulfur Dioxide * 27. Section 81.326 is amended as Secondary)" to read as follows: NAAQS (Primary and Secondary)". follows:


### ma. Byrevising the table heading for §81.326 Missouri. "Missouri-S02" to read "Missouri- * * * *
MISSOURI-2010 SULFUR DIOXIDE NAAQS (PRIMARY)
Designation Designated area Date Type

Jackson County, M O 1Jackson County (part)

............................................................................................... 10-4-13 Nonattainment. The portion of Jackson County bounded by 1-70/1-670 and the Missouri River to the north; and, to

the west of 1-435 to the state line separating Missouri and Kansas Jefferson County, M O 1Jefferson 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-SO" to read "Montana1971 Sulfur Dioxide NAAQS (Primary and Secondary)"; and * b. By adding anewtable 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. 

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

MONTANA-2010 SULFUR DIOXIDE 

### NAAQS (PRIMARY)
Designation Designated area Date Type
Billings, MT 1 Yellowstone County (part)

........................................................................................................................ 10-4- 13 N onattainment. 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 pointthe 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 4of the SE 4of Section 31, Township 1N, Range 27E. From that point the boundary proceeds south along the 4section 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.

SO 2" to read "Nevada-1971 Sulfur * b. By adding anewtable entitled Dioxide NAAQS (Primary and "New Hampshire-2010 Sulfur Dioxide §81.328 [Amended] Secondary)". NAAQS (Primary)" following the newly * 29. Section 81.328 is amended by designated table "New Hampshirerevising the table heading for 0 31. Section 81.330 is amended as g "Nebraska--SO2" to read "Nebraska- follows: 1971 Sulfur Dioxide NAAQS (Primary and Secondary)" to read as follows: 1971 Sulfur Dioxide NAAQS (Primary 

### ma. Byrevising the table heading for and Secondary)". "New Hampshire-SO2" toread "New §81.330 New Hampshire. * 30. Section 81.329 is amended by Hampshire-1971 Sulfur Dioxide * * * * * revising the table heading for "Nevada- NAAQS (Primary and Secondary)"; and

NEW HAMPSHIRE-2010 SULFUR DIOXIDE 

### NAAQS (PRIMARY)
Designation Designated area Date Type

Central New Hampshire, NH 1 H

illsborough County (part)

....................................................................................................................... 10-4

- 13 N onattainment. 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 Mexico1971 Sulfur Dioxide NAAQS (Primary and Secondary)". §81.333 [Amended]
* 34. Section 81.333 is amendedby 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 amendedby revising the table heading for "North Carolina-SO2" toread "North Carolina-1971 Sulfur Dioxide NAAQS (Primary and Secondary)". §81.335 [Amended]
* 36. Section 81.335 is amendedby revising the table heading for "North Dakota-SO2" to read "North Dakota1971 Sulfur Dioxide NAAQS (Primary and Secondary)". * 37. Section 81.336 is amended as follows: * a.Byrevising the table heading for "Ohio-SO2" to read "Ohio-1971 Sulfur Dioxide NAAQS (Primary and Secondary)"; and * b. By adding anewtable 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

OHIo-2010 SULFUR DIOXIDE NAAQS (PRIMARY)
Designation

Designated area Date Type Campbell-Clermont Counties, KY-OH 1 Clermont County (part)

............................................................................................................................. 10-4

- 13 N onattainment. Lake County, OH 1 Lake County
............................................................................................................................................. 10-4

- 13 N onattain ment. M

uskingum R iver,OH1

............................................................................................................................ 10-4

- 13 Nonattainment. Morgan County (part) Center Township Washington County (part) Waterford Township Steubenville OH-WV1 Jefferson County (part)

............................................................................................................................. 10-4

- 13 N onattainment. Cross Creek Township, Steubenville Township, Warren Township, Wells Township, Steubenville

City

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

* * * * * §81.338 [Amended] "Pennsylvania-1971 Sulfur Dioxide
§81.337 [Amended] * 39. Section 81.338 is amended by NAAQS (Primary and Secondary)"; and revising the table heading for "Oregon- * b. By adding anewtable entitled

* 38. Section 81.337 is amended by SO 2" to read "Oregon-1971 Sulfur "Pennsylvania-2010 Sulfur Dioxide revising the table heading for Dioxide NAAQS (Primary and NAAQS (Primary)" following the newly "Oklahoma-SO2" to read "Oklahoma- Secondary)". designated table "Pennsylvania-1971 Sulfur Dioxide NAAQS (Primary and 1971 Sulfur Dioxide NAAQS (Primary 0 40. Section 81.339 is amended as Secondary)" to read as follows: and Secondary)". follows: * a. Byrevising the table heading for §81.339 Pennsylvania. "Pennsylvania-SO 2" to read * * * * *
PENNSYLVANIA-2010 SULFUR DIOXIDE 

### NAAQS (PRIMARY)
Designation Designated area Date Type
Allegheny, PA 1 Alleghen y County (part)

............................................................................................................................ 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, PA 1 Beaver County (part)

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

diana, PA1

..................................................................................................................................................... Indiana County Armstrong County (part) Area consisting of Plumcreek Township, South Bend Township, and Elderton Borough Warren, PA 1 10-4-13 1Nonattainment.

10-4-13 Nonattainment.

10-4-13 Nonattainment. 

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

PENNSYLVANIA-2010 SULFUR DIOXIDE 

### NAAQS (PRIMARY)-Continued
Designation Designated area Date Type

Warren County (part)

................................................................................................................................ 10-4- 13 N onattainment Area consisting of Conewango Township, Glade Township, Pleasant Township, and the City of

Warren

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

Carolina-1971 Sulfur Dioxide NAAQS "Tennessee-1971 Sulfur Dioxide
§81.340 [Amended] (Primary and Secondary)". NAAQS (Primary and Secondary)"; and

* 41. Section 81.340 isamended by §81.342 [Amended] 

### * b. By adding anewtable entitled "Tennessee-2010 Sulfur Dioxide revising thetable headingfor "Rhode 0 43. Section 81.342 is amended by NAAQS (Primary)" following the newly Island-SO2" to read "Rhode Island- revising the table headingfor "South NAAQSn(Priary"fongee newly 1971 Sulfur Dioxide NAAQS (Primary Dakota-S02" to read "South Dakota- designated table "Tennessee1971 and Secondary)". 1971 Sulfur Dioxide NAAQS (Primary Sulfur Dioxide NAAQS (Primary and and Secondary)". Secondary)" to read as follows: § 81.341 [Amended] U 44. Section 81.343 is amended as §81.343 Tennessee. * 42. Section 81.341 is amended by follows:

. . . . . revising thetable heading for "South * a.Byrevising thetable heading for Carolina-S02" to read "South "Tennessee-S02" toread
TENNESSEE-2010 SULFUR DIOXIDE NAAQS (PRIMARY) Designation Designated area Date Type

Sullivan County, TN 1 Sullivan County (part)

.............................................................................................................................. 10-4

- 13 N onattainment. 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 ineach area, ifany, unless otherwise specified.

§81.346 [Amended] "Washington-1971 Sulfur Dioxide § 47. Section 81.346 is amended by NAAQS (Primary and Secondary)". 

### §81.344 [Amended] revising the table headingfor 

### * 50. Section 81.349 isamended as
* 45. Section 81.344 isamended by "Vermont-SO 2" to read "Vermont- follows: revising thetable headingfor "Texas- 1971 Sulfur Dioxide NAAQS (Primary 

### ma. By revisingthe table heading for SO2" to read "Texas-1971 Sulfur and Secondary)". "West Virginia t 2" to read "West Dioxide NAAQS (Primary and §81.347 [Amended] Virginia-1971 Sulfur Dioxide NAAQS Secondary)". 0 48. Section 81.347 is amended by (Primary and Secondary)"; and §81.345 [Amended] revising the table headingfor 

### * b. By adding anewtable entitled "Virginia-S02" to read "Virginia- "West Virginia-2010 Sulfur Dioxide * 46. Section 81.345 isamended by 1971 Sulfur Dioxide NAAQS (Primary NAAQS (Primary)" following the newly revising thetable headingfor "Utah- and Secondary)". designatedtable "West Virginia-1971
S0 2" to read "Utah-1971 Sulfur Sulfur Dioxide NAAQS (Primary and Dioxide NAAQS (Primary and §81.348 [Amended] Secondary)" to read as follows: Secondary)". 0 49. Section 81.348 is amendedby revising the table headingfor §81.349 West Virginia. "Washington-S0 2" to read * * * * *
WEST VIRGINIA-2010 SULFUR DIOXIDE 

### NAAQS (PRIMARY) Designation Designated area Date Type Steubenville, OH-WV 1 B

rooke County (part)

................................................................................................................................ 10-4

- 13 N onattainment. Area bounded by the Cross Creek Tax District Marshall, WV1 M

arshall County (part)

.............................................................................................................................. 10-4

- 13 N onattainment. Area consisting of Clay Tax district, Franklin Tax District, and Washington Tax District

1Excludes Indian country located ineach area, ifany, unless otherwise specified. 

### 47204

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

* * * * * "Wisconsin-1971 Sulfur Dioxide Sulfur Dioxide NAAQS (Primary and

* 51. Section 81.350 is amended as NAAQS (Primary and Secondary)"; and Secondary)" to read as follows: * b. By adding anewtable entitled follows: "Wisconsin-2010 Sulfur Dioxide §81.350 Wisconsin.



### ma.Byrevising the table heading for NAAQS (Primary)" following the newly * * * * * "Wisconsin-S02" to read designated table "Wisconsin-1971

WISCONSIN-2010 SULFUR DIOXIDE NAAQS (PRIMARY)

Designated area

Rhinelander, W 1 Oneida County (part)

................................................................................................................................ 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. Designation Type

Nonattainment.

§81.351 [Amended]

* 52. Section 81.351 is amended by revising the table heading for "Wyoming-SO2" toread "Wyoming1971 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 81.353is amended by revising the table heading for "GuamSO 2" toread "Guam-1971 Sulfur Dioxide NAAQS (Primary and Secondary)". §81.354 [Amended]

E 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 Islands1971 Sulfur Dioxide NAAQS (Primary and Secondary)".

[FR Doe. 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; FRL9842-7]

National Oil and Hazardous Substances PollutionContingency Plan; National Priorities List:Direct Deletion ofthe 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 ofDeletion ofthe Imperial Refining Co. Superfund Site located in Ardmore, Carter County, Oklahoma, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 ofthe Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is

an appendix ofthe National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion isbeing publishedby EPA with the concurrence ofthe State of Oklahoma, through the Oklahoma Department ofEnvironmental 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. Ifadverse comments
are received, EPA will publish a timely withdrawal ofthe direct final deletion in the Federal Register informing the public that the deletion will nottake effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQSFUND-2000-0003, byone ofthe 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.

* Handdelivery: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 ofoperation, and special arrangements should be made for deliveries ofboxed 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 docketwithout change and maybe made available online athttp:// www.regulations.gov,including any personal information provided, unless the comment includes information claimed tobe Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information thatyou consider to be CBIor otherwise protected throughhttp:// www.regulations.govor email. The http://www.regulations.govWeb site is

an "anonymous access" system, which

means EPA will not know your identity

orcontact information unless you provide itin thebody ofyour comment. Ifyou 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 ofthe comment that is placed in the public docket and 

### 47205