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

(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 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 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 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]

RIN 2060-AR18

Air Quality Designations for the 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 for the 2010 primary

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 2 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 SO 2

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

47191
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 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 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 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 and Tennessee.

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 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 SO 2 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

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

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

S0 2 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 SO 2

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 SO 2 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?

SO 2 is one of a group of highly

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 of high sulfur containing

fuels by locomotives, large ships and

non-road equipment. S0 2 is linked with

a number of adverse effects on the

respiratory system.

IV. What is the 2010 SO 2 NAAQS and

what are the health concerns that it

addresses?

The Administrator signed a final rule

revising the primary SO 2 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 SO 2, the EPA revised the

primary SO 2 NAAQS to provide

requisite protection of public health

with an adequate margin of safety.

Specifically, the EPA established a new

1-hour SO 2 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 SO 2 standards, subject to

certain conditions. 40 CFR 50.4(e).

Current scientific evidence links

short-term exposures to SO 2, 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 SO 2 is

designed to protect against exposure to

the entire group of SOx. SO 2 is the

component of greatest concern and is

used as the indicator for the larger group

of gaseous 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 of SO 2 generally also

lead to the formation of other SO.x

Control measures that reduce SO 2 can

generally be expected to reduce people's

exposures to all gaseous SO.x 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.' 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

SO 2 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 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 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

SO 2 designations actions that focuses

resources on identifying and addressing

unhealthy levels of SO 2 in areas where

people are most likely to be exposed to

violations of the standard. For

1 See Fact Sheet Revisions to the Primary

National Ambient Air Quality Standard, Monitoring

Network, and Data Reporting Requirements for

Sulfur Dioxide at http://www.epa.govlairqualityl

sulfurdioxidelpdfs/2ol00602fs.pdf.

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

informational purposes, the strategy is

available at: http://www.epa.govairquality/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 S02 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 SO 2 NAAQS.

The EPA worked with the tribes that

2 This view was confirmed in Catawba County v.

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 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

3 As 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.

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

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 SO 2 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 SO 2 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 SO 2 NAAQS. This is appropriate

because the form of the S02 NAAQS is

calculated as a 3-year average of the

99th percentile of the yearly distribution

of 1-hour daily maximum S02

concentrations (specifically the most

recent 3 consecutive years). 5 The 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 and tribes

when they made their recommendations

to the EPA in June 2011. Accordingly,

4 See, "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.

5 This notice refers to monitoring data for

"calendar years 2009-2011" which includes data

from January 2009 through December 2011.

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 SO 2 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 SO 2 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 S02

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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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 SO 2 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 SO 2 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 SO 2

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 SO 2 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 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 staff regarding 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, 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 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 2 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 SO 2 nonattainment

areas because 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 of exposure to SO 2 pollution

among asthmatic children as part of the

EPA's prior action establishing the 2010

SO 2 NAAQS. These effects and the size

of the population affected are

summarized in the EPA's final SO 2

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

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 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 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 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 SO 2 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 SO 2 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

m 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 "AlaskaSO2 " 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 "Arizona1971 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)

Designation

Designated area Date Type

H a y d e n , A Z 1 ....................................................................................................................................................

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.

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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

M ia m i, A Z 1 ...................................................................................................................................................... 10 - 4 - 13 N o n a tta in m e n t.

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

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

1971 Sulfur Dioxide NAAQS (Primary of Columbia-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 m b. By adding a new table 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

H illsbo rough C ounty , FL 1 ................................................................................................................................ 10-4 - 13 N onattainm ent.

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 C ounty, F L1 ........................................................................................................................................ 10-4 - 13 N o natta inm e nt.

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

1 Excludes 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

SO 2" 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 "IdahoSO 2" to read "Idaho-1971 Sulfur

Dioxide NAAQS (Primary and

Secondary)".

0 15. Section 81.314 is amended as

follows:

m a. By revising the table heading for

"Illinois-SO2" to read "Illinois-1971

Sulfur Dioxide NAAQS (Primary and

Secondary)"; and

m b. By adding a new table entitled

"Illinois-2010 Sulfur Dioxide NAAQS

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(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

Le m o n t, IL 1 ...................................................................................................................................................... 10 - 4 - 13 N o n a tta in m e n t.

Cook County (part)

Lemont Township

Will County (part)

DuPage Township and Lockport Township

P e kin , IL 1 ......................................................................................................................................................... 10 -4 - 1 3 N o n a tta in m e n t.

Tazewell County (part)

Cincinnati Township and Pekin Township

Peoria County (part)

Hollis Township

1 Excludes 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 a new table 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

In d ia n a p o lis , IN 1 .............................................................................................................................................. 10 -4 - 13 N o na tta in m e nt.

Marion County (part)

Wayne Township, Center Township, Perry Township

M o rg a n C o u nty , IN 1 ........................................................................................................................................ 10-4 - 13 N o natta in m e nt.

Morgan County (part)

Clay Township, Washington Township

S o uthw est Ind ia na , IN 1 ................................................................................................................................... 10-4 - 13 N o natta inm ent.

Daviess County (part)

Veale Township

Pike County (part)

Washington Township

T e rre H a ute , IN 1 .............................................................................................................................................. 10 -4 - 13 N o na tta in m e nt.

Vigo County (part)

Fayette Township, Harrison Township

1 Excludes 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 a new table 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 usca tine , IA 1 ................................................................................................................................................. 10 -4 - 13 N o na tta in m e nt.

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)

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

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* 19. Section 81.318 is amended as NAAQS (Primary)" following the newly

follows: designated table "Kentucky-1971

§ 81.317 [Amended] ma. By revising 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" to read "Kansas-1971 Sulfur and Secondary)"; and §81.318 Kentucky.

Dioxide NAAQS (Primary and * b. By adding a new table entitled

Secondary)". "Kentucky-2010 Sulfur Dioxide

KENTUCKY-2010 SULFUR DIOXIDE NAAQS (PRIMARY)

Designation

Designated area Date Type

C am pbell-C lerm ont C ounties, KY-O H 1 .......................................................................................................... 10-4-13 Nonattainm ent.

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)

Jeffe rson C ounty , KY 1 .................................................................................................................................... 10-4 - 13 N onattainm ent.

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

1 Excludes 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 a new table 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

S t. B e rna rd P a rish , LA 1 .................................................................................................................................. 10-4 - 13 N o natta inm ent.

St. Bernard Parish

1 Excludes 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 amended by

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:

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

* a. By revising the table heading for * b. By adding a new table entitled Sulfur Dioxide NAAQS (Primary and

"Michigan-SO2" to read "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, M I 1 W ayne C ounty (pa rt) ............................................................................................

10-4- 13 N onattainm ent.

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

1 Excludes 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 amended by and Secondary)"; and

revising the table heading for * b. By adding a new table 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:

m a. By revising 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 1 Jackson County (part) ...................................................................................10-4-13 Nonattainm ent.

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 1 Jefferson County (part) ..................................................................................

10-4-13 Nonattainm ent.

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

1 Excludes 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 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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MONTANA-2010 SULFUR DIOXIDE NAAQS (PRIMARY)

Designation

Designated area

Date Type

Billings, MT 1

Y ellow stone C ounty (part) ........................................................................................................................ 10-4- 13 N onattainm ent.

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 4 of the SE 4 of Section

31, Township 1 N, Range 27E. From that point the boundary proceeds south along the 4 section line to the southern boundary of Township 1 N, 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

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

SO 2 " to read "Nevada-1971 Sulfur * b. By adding a new table 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 "Nebraska--SO the table 2 " heading to read "Nebraska- for 0 follows: 31. Section 81.330 is amended as 1971 g Sulfur Dioxide NAAQS (Primary

and Secondary)" to read as follows:

1971 Sulfur Dioxide NAAQS (Primary m a. By revising the table heading for

and Secondary)". "New Hampshire-SO2" to read "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 C ounty (pa rt) ....................................................................................................................... 10-4 - 13 N onattainm ent.

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

1 Excludes 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 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 Dakota1971 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

OHIo-2010 SULFUR DIOXIDE NAAQS (PRIMARY)

Designation

Designated area

Date Type

Campbell-Clermont Counties, KY-OH 1

C le rm o nt C ounty (pa rt) ............................................................................................................................. 10-4 - 13 N o natta inm e nt.

Lake County, OH 1

La ke C o u nty ............................................................................................................................................. 10 -4 - 13 N o na tta in m e nt.

M uskingum R ive r, O H 1 ............................................................................................................................ 10-4 - 13 N onattainm ent.

Morgan County (part)

Center Township

Washington County (part)

Waterford Township

Steubenville OH-WV1

Jeffe rson C ounty (part) ............................................................................................................................. 10-4 - 13 N onattainm ent.

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

City

1 Excludes 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 a new table 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. By revising 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

A lle g h e n y C o u n ty (p a rt) ............................................................................................................................

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

B e a v e r C o u n ty (p a rt) ................................................................................................................................

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

In d ia n a , P A 1 .....................................................................................................................................................

Indiana County

Armstrong County (part)

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

Warren, PA 1

10-4-13 1 Nonattainment.

10-4-13 Nonattainment.

10-4-13 Nonattainment.

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

PENNSYLVANIA-2010 SULFUR DIOXIDE NAAQS (PRIMARY)-Continued

Designation

Designated area

Date Type

W a rren C ounty (pa rt) ................................................................................................................................ 10-4- 13 N o natta inm e nt

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 is amended by § 81.342 [Amended] * b. By adding a new table entitled

"Tennessee-2010 Sulfur Dioxide

revising the table heading for "Rhode 0 43. Section 81.342 is amended by NAAQS (Primary)" following the newly

Island-SO2" to read "Rhode Island- revising the table heading for "South NAAQSn(Priary"fong ee 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 the table heading for "South * a. By revising the table heading for

Carolina-S02" to read "South "Tennessee-S02" to read

TENNESSEE-2010 SULFUR DIOXIDE NAAQS (PRIMARY)

Designation

Designated area Date Type

Sullivan County, TN 1

S ullivan C ounty (part) .............................................................................................................................. 10-4 - 13 N onattainm ent.

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

1 Excludes Indian country located in each area, if any, 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 heading for * 50. Section 81.349 is amended as

* 45. Section 81.344 is amended by "Vermont-SO 2" to read "Vermont- follows:

revising the table heading for "Texas- 1971 Sulfur Dioxide NAAQS (Primary ma. By revising the 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 heading for * b. By adding a new table entitled

"Virginia-S02" to read "Virginia- "West Virginia-2010 Sulfur Dioxide

* 46. Section 81.345 is amended by 1971 Sulfur Dioxide NAAQS (Primary NAAQS (Primary)" following the newly

revising the table heading for "Utah- and Secondary)". designated table "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 amended by

revising the table heading for § 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 C ounty (pa rt) ................................................................................................................................ 10-4 - 13 N onattainm ent.

Area bounded by the Cross Creek Tax District

Marshall, WV 1

M a rshall C ounty (part) .............................................................................................................................. 10-4 - 13 N onattainm ent.

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

1 Excludes 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

* * * * * "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 a new table entitled follows: "Wisconsin-2010 Sulfur Dioxide §81.350 Wisconsin.

m a. By revising 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

O n e id a C o u n ty (p a rt) ................................................................................................................................

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

1 Excludes 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" to read "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 81.35 3 is amended by

revising the table heading for "GuamSO 2" to read "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; 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-HQSFUND-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

47205