Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations 37683 

required by CAA section 110(l) (40 

CFR1090.290(d)). EPA published a 

proposed approval of the SIP revision 

on March 25, 2021 (86 FR 15844) and 

a final approval of the SIP revision on 

June 2, 2021 (86 FR 29520), with an 

effective date of July 2, 2021. The RFG 

opt-out regulations provide that the optout effective date shall be no less than 

90 days from the EPA SIP approval 

effective date (40 CFR 1090(d)(2)(ii)). 

EPA is unaware of any reason that the 

effective date should be postponed, and 

therefore, is establishing an opt-out 

effective date of September 30, 2021 for 

the Southern Maine Area. 

As provided by the RFG Opt-out Rule 

and the opt-out regulations in 40 CFR 

1090.290(e), EPA will publish a final 

rule to remove the seven counties in the 

Southern Maine Area from the list of 

RFG covered areas in 40 CFR 

1090.285(d) after the effective date of 

the opt-out. EPA believes that 

completing this ministerial exercise to 

revise the list of covered areas in the 

Code of Federal Regulations after the 

effective date of the opt-out allows the 

opt-out to become effective within the 

timeframe described in 40 CFR 

1090.290(d), and allows EPA to keep the 

lists of RFG covered areas in 40 CFR 

1090.285 up to date. 

III. Action 

EPA is approving Maine’s petition 

because it contained the information 

required by 40 CFR 1090(d) in its 

petition to EPA to opt-out of the RFG 

program and revised the approved 

maintenance plan for the 1997 ozone 

NAAQS for the Southern Maine Area to 

remove the emissions reductions 

associated with RFG. EPA is also 

determining the opt-out effective date 

by applying the criteria in 40 CFR 

1090.290(d). As discussed in Section 

II.A. above, the RFG opt-out regulations 

require that if a state included RFG as 

a control measure in an approved SIP, 

the state must revise the SIP, reflecting 

the removal of RFG as a control measure 

before an opt-out can be effective, and 

the opt-out cannot be effective less than 

90 days after the effective date of the 

approval of the SIP revision. EPA 

published a final approval of Maine’s 

maintenance plan revision and 

noninterference demonstration on June 

2, 2021 (86 FR 29520), with an effective 

date of July 2, 2021. 

In summary, EPA is notifying the 

public that it has applied its regulatory 

criteria to approve the petition by Maine 

to opt-out of the RFG program for the 

Southern Maine Area of the Portland 

and Midcoast ozone maintenance area 

for the 1997 ozone NAAQS and is 

thereby removing the prohibition on the 

sale of conventional gasoline in that 

area as of September 30, 2021 (40 CFR 

1090.290(d)). This opt-out effective date 

applies to retailers, wholesale 

purchasers, consumers, refiners, 

importers, and distributors. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2021–15127 Filed 7–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2020–0292; FRL–7822–01– 

OAR] 

RIN 2060–AU79 

Redesignation of Certain 

Unclassifiable Areas for the 2010 

1-Hour Sulfur Dioxide (SO2) Primary 

National Ambient Air Quality Standard 

(NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is redesignating the 

Lancaster County, Nebraska and Milam 

County, Texas unclassifiable areas 

initially designated during the EPA’s 

Round 2 air quality designations for the 

2010 1-Hour Sulfur Dioxide (SO2) 

Primary National Ambient Air Quality 

Standard (NAAQS). Specifically, the 

EPA now has sufficient information to 

determine that these unclassifiable areas 

in Nebraska and Texas are attaining the 

2010 1-hour SO2 primary NAAQS. 

Therefore, the EPA is redesignating 

these areas to attainment/unclassifiable 

for the 2010 1-hour SO2 primary 

NAAQS. The EPA is also approving 

these states’ requests to redesignate the 

areas. 

DATES: This final rule is effective on 

August 16, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2020–0292. All 

documents in the docket are listed in 

the https://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. 

Out of an abundance of caution for 

members of the public and our staff, the 

EPA Docket Center and Reading Room 

are currently closed to the public, with 

limited exceptions, to reduce the risk of 

transmitting COVID–19. Our Docket 

Center staff will continue to provide 

remote customer service via email, 

phone, and webform. For further 

information on the EPA Docket Center 

services and the current status, please 

visit us online at https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: For 

general questions concerning this 

action, please contact Gobeail 

McKinley, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Policy Division, C539–04, 

Research Triangle Park, NC 27709, by 

email at mckinley.gobeail@epa.gov. The 

following EPA Regional office contacts 

can answer questions regarding the 

specific areas being redesignated: 

U.S. EPA REGIONAL OFFICE 

CONTACTS: 

Regional office Affected state Contact Telephone Email 

Region VI ........................... Texas ................................ Robert Imhoff .................... (214) 665–7262 ................. imhoff.robert@epa.gov. 

Region VII .......................... Nebraska ........................... Will Stone .......................... (913) 551–7714 ................. stone.william@epa.gov. 

Most EPA offices are closed to reduce 

the risk of transmitting COVID–19, but 

staff remain available via telephone and 

email. The EPA encourages the public to 

review information related to the 

redesignations at https://www.epa.gov/ 

sulfur-dioxide-designations and in the 

public docket for these SO2

redesignations at https://

www.regulations.gov under Docket ID 

No. EPA–HQ–OAR–2020–0292. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ means the EPA. 

I. Background 

After the promulgation of a new or 

revised NAAQS, the EPA is required to 

designate all areas of the country, 

pursuant to section 107(d)(1)–(2) of the 

Clean Air Act (CAA). For the 2010 


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1The 2010 1-hour SO2 NAAQS is met when the 

design value is 75 parts per billion (ppb) or less. 

2https://www.epa.gov/sulfur-dioxidedesignations. 

3See letter dated May 6, 2020, from Pete Ricketts, 

Governor of the State of Nebraska to Jim Gilliford, 

Regional Administrator, EPA Region 7. This letter 

is included in the docket for this action. 

4See letter dated June 26, 2020, from Toby Baker, 

Executive Director of the Texas Commission of 

Environmental Quality to Ken McQueen, Regional 

Administrator, EPA Region 6. This letter is 

included in the docket for this action. 

1-hour SO2 primary NAAQS,1

designations are based on the EPA’s 

application of the nationwide analytical 

approach to, and technical assessment 

of, the weight of evidence for each area, 

including but not limited to available air 

quality monitoring data and air quality 

modeling results. Pursuant to a March 2, 

2015, consent decree and court-ordered 

schedule, the EPA finalized a second set 

of initial area designations for the 2010 

1-hour SO2 NAAQS in 2016 (also called, 

‘‘Round 2’’). For the Round 2 

designations, the EPA designated the 

entirety of Lancaster County in 

Nebraska and the entirety of Milam 

County in Texas as unclassifiable. The 

Round 2 intended designations for 

Lancaster County, Nebraska and Milam 

County, Texas were published on March 

1, 2016. (81 FR 10563). The final 

designation for Lancaster County, 

Nebraska published on July 12, 2016. 

(81 FR 45039). The final designation for 

Milam County, Texas was published on 

December 13, 2016, as part of a 

supplement to the larger Round 2 

designation action. (81 FR 89870). 

Detailed rationale, analyses, and other 

information supporting the designation 

for these two areas can be found in the 

intended and final Round 2 

designations’ technical support 

documents for Nebraska and Texas, 

respectively. These Round 2 documents, 

along with all other supporting 

materials for the initial 2010 1-hour SO2

primary NAAQS designations for these 

areas, can be found on the EPA’s SO2

designations website.2

On May 6, 2020, Nebraska submitted 

a letter 3 to the EPA requesting that the 

entirety of Lancaster County be 

redesignated to attainment/ 

unclassifiable based on newly available 

monitoring information, which 

demonstrates attainment of the 2010 

1-hour SO2 NAAQS. On June 26, 2020, 

Texas submitted a letter 4 to the EPA 

requesting that the entirety of Milam 

County be redesignated to attainment/ 

unclassifiable based on newly available 

monitoring information, which 

demonstrates attainment of the 2010 

1-hour SO2 NAAQS. 

In a notice of proposed rulemaking 

(NPRM) published on September 2, 

2020 (85 FR 54517), the EPA proposed 

to redesignate to attainment/ 

unclassifiable the unclassifiable 

portions of Franklin and St. Charles 

Counties in Missouri; the entirety of 

Lancaster County in Nebraska; the 

entirety of Gallia County and the 

unclassifiable portion of Meigs County 

in Ohio; and the entirety of Milam 

County in Texas. As discussed in the 

NPRM, this final action is based on the 

currently available monitoring data for 

two of the areas included in that NPRM 

that demonstrate attainment of the 2010 

1-hour SO2 primary NAAQS. 

Additionally, in that NPRM, the EPA 

proposed to approve requests for 

redesignation from the states of 

Nebraska, Ohio, and Texas for the areas 

subject to the notice. The 30-day public 

comment period for the NPRM closed 

on October 2, 2020. The EPA did not 

receive any comments specific to the 

proposed redesignations of Lancaster 

County in Nebraska and Milam County 

in Texas. This action only addresses the 

redesignation of Lancaster County, 

Nebraska and Milam County, Texas. The 

areas in Missouri and Ohio received 

adverse comments and will be 

addressed in separate rulemaking 

actions. The details of each state’s 

submittal and the rationale for the EPA’s 

actions are further explained in the 

NPRM. 

II. Final Action 

In this action, the EPA is taking final 

action to redesignate Lancaster County, 

Nebraska and Milam County, Texas to 

attainment/unclassifiable for the 2010 

1-hour SO2 primary NAAQS pursuant to 

CAA section 107(d)(3)(D). The EPA is 

also taking final action to approve a 

request for redesignation from 

unclassifiable to attainment/ 

unclassifiable for the 2010 SO2 primary 

NAAQS from the state of Nebraska 

dated May 6, 2020, and from the state 

of Texas dated June 26, 2020. This 

action changes the legal designation for 

these areas, found at 40 CFR part 81, 

from unclassifiable to attainment/ 

unclassifiable for the 2010 1-hour SO2

primary NAAQS. 

III. Environmental Justice Concerns 

When the EPA establishes a new or 

revised NAAQS, the CAA requires the 

EPA to designate all areas of the U.S. as 

either nonattainment, attainment, or 

unclassifiable. This action addresses 

redesignation determinations for two 

areas for the 2010 SO2 NAAQS. Under 

CAA section 107(d)(3), the 

redesignation of an area to attainment/ 

unclassifiable is an action that affects 

the status of a geographical area and 

does not impose any additional 

regulatory requirements on sources 

beyond those imposed by state law. A 

redesignation to attainment/ 

unclassifiable does not in and of itself 

create any new requirements. 

Accordingly, this final action merely 

redesignates areas to attainment/ 

unclassifiable and does not impose 

additional requirements. Area 

redesignations address environmental 

justice concerns by ensuring that the 

public is properly informed about the 

air quality in an area. In locations where 

air quality does not meet the NAAQS, 

the CAA requires relevant state 

authorities to initiate appropriate air 

quality management actions to ensure 

that all those residing, working, 

attending school, or otherwise present 

in those areas are protected, regardless 

of minority and economic status. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is exempt from the Office 

of Management and Budget (OMB) and 

was, therefore, not submitted to OMB 

for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. This action is a redesignation of 

two areas to attainment/unclassifiable is 

an action that affects the status of a 

geographical area and does not impose 

any additional regulatory requirements 

on sources beyond those imposed by 

state law. Therefore, this final 

rulemaking does not impose any new 

information collection burden under the 

PRA. 

C. Regulatory Flexibility Act (RFA) 

This redesignation action under CAA 

section 107(d) is not subject to the RFA. 

The RFA applies only to rules subject to 

notice-and-comment rulemaking 

requirements under the Administrative 

Procedures Act (APA), 5 U.S.C. 553, or 

any other statute. Redesignations under 

CAA section 107(d) are not among the 

list of actions that are subject to the 

notice-and-comment rulemaking 

requirements of CAA section 307(d). 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538 and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local, or 

tribal governments or the private sector. 


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E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The division of 

responsibility between the federal 

government and the states for purposes 

of implementing the NAAQS is 

established under the CAA. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000) because no tribal lands are located 

within the areas covered in this action 

and the redesignation does not create 

new requirements. The EPA notes this 

final redesignation action will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

The documentation for this 

determination is contained in Section III 

of this preamble, ‘‘Environmental 

Justice Concerns.’’ 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 14, 2021. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See CAA 

section 307(b)(2). 

V. Statutory Authority 

The statutory authority for this action 

is provided by 42 U.S.C. 7401, et seq. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Sulfur oxides. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the 

preamble, the EPA amends title 40 CFR 

part 81as set forth below: 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 81.328, the table titled, 

‘‘Nebraska–2010 Sulfur Dioxide NAAQS 

[Primary]’’ is amended by revising the 

entry for ‘‘Lancaster County’’ and 

redesignating it alplabetically under 

‘‘Statewide’’ before the entry for 

‘‘Lincoln County’’ to read as follows: 

§ 81.328 Nebraska. 

* * * * * 

NEBRASKA—2010 SULFUR DIOXIDE NAAQS 

[Primary] 

Designated area 1

Designation 

Date 2 Type 

*******

Lancaster County ........................................................................................................... August 16, 2021 ................. Attainment/Unclassifiable. 

*******

1 Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the 

designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is April 9, 2018, unless otherwise noted. 

* * * * * 

■ 3. In § 81.344, the table titled 

‘‘Texas—2010 Sulfur Dioxide NAAQS 

[Primary]’’ is amended by revising the 

entry for ‘‘Milam County, TX’’ to read as 

follows: 

§ 81.344 Texas. 

* * * * * 


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TEXAS—2010 SULFUR DIOXIDE NAAQS 

[Primary] 

Designated area 

Designation 

Date Type 

*******

Milam County, TX .......................................................................................................... August 16, 2021 ................. Attainment/Unclassifiable. 

*******

1 Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the 

designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is April 9, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2021–14376 Filed 7–15–21; 8:45 am] 

BILLING CODE 6560–50–P 


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