31438 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations 

1The https://www.regulations.gov platform is in 

the process of being upgraded. Users may be 

automatically redirected to https://

beta.regulations.gov. Both website addresses 

contain the same information. 

Intergovernmental Review 

The William D. Ford Federal Direct 

Loan Program is not subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. 

Assessment of Educational Impact 

Based on our own review, we have 

determined that the final regulations do 

not require transmission of information 

that any other agency or authority of the 

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available. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

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(Assistance Listing Number: 84.268 

Federal Direct Student Loans.) 

List of Subjects in 34 CFR Part 685 

Administrative practice and 

procedure, Colleges and universities, 

Loan programs—Education, Reporting 

and recordkeeping requirements, 

Student aid, Vocational education. 

Michelle Asha Cooper, 

Acting Assistant Secretary for Postsecondary 

Education. 

For the reasons discussed in the 

preamble, the Secretary amends part 

685 of title 34 of the Code of Federal 

Regulations as follows: 

PART 685—WILLIAM D. FORD 

FEDERAL DIRECT LOAN PROGRAM 

■ 1. The authority citation for part 685 

continues to read in part as follows: 

Authority: 20 U.S.C. 1070g, 1087a, et seq., 

unless otherwise noted. 

* * * * * 

§ 685.200 [Amended] 

■ 2. Section 685.200 is amended by: 

■ a. In paragraph (a)(2)(i) introductory 

text, removing ‘‘must—’’ and adding in 

its place ‘‘must demonstrate financial 

need in accordance with title IV, part F 

of the Act.’’. 

■ b. Removing paragraphs (a)(2)(i)(A) 

and (B) and (f). 

■ c. Removing the parenthetical 

authority citation at the end of the 

section. 

§ 685.304 [Amended] 

■ 3. Section 685.304 is amended by: 

■ a. In paragraph (a)(6)(xiv), adding 

‘‘and’’ after the semicolon. 

■ b. In paragraph (a)(6)(xv), removing ‘‘; 

and’’ and adding a period in its place. 

■ c. Removing paragraphs (a)(6)(xvi) 

and (b)(4)(xii). 

■ d. Redesignating paragraphs 

(b)(4)(xiii) and (xiv) as paragraphs 

(b)(4)(xii) and (xiii), respectively. 

[FR Doc. 2021–12384 Filed 6–11–21; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2017–0548; FRL–10019–90– 

OAR] 

RIN 2060–AV06 

Revised Air Quality Designations for 

the 2015 Ozone National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final action revises or 

affirms the initial air quality 

designations for 14 counties associated 

with seven nonattainment areas for the 

2015 primary and secondary National 

Ambient Air Quality Standards 

(NAAQS) for ozone. In a July 10, 2020, 

decision, the District of Columbia 

Circuit Court remanded to the 

Environmental Protection Agency (EPA 

or Agency), but did not vacate, the April 

30, 2018, designations for 16 counties 

associated with nine nonattainment 

areas located in seven states. In 

response, the EPA has re-evaluated the 

designations for the remanded counties 

by applying a uniform, nationwide 

analytical approach and interpretation 

of the designation provisions of the 

Clean Air Act (CAA) in considering the 

specific facts and circumstances of the 

areas using only data and information 

available at the time of the original 

designations. In this final action, the 

EPA is revising the designations and/or 

boundaries of 13 counties associated 

with six nonattainment areas in four 

states (Illinois, Indiana, Missouri, and 

Wisconsin) and is affirming the April 

30, 2018, designation of one county 

associated with a nonattainment area in 

Michigan. The EPA is addressing the 

two additional remanded counties 

associated with two nonattainment 

areas in a separate Federal Register 

document. 

DATES: The effective date of this rule is 

July 14, 2021. 

ADDRESSES: The EPA has established a 

public docket for these ozone 

designations at https://

www.regulations.gov under Docket ID 

No. EPA–HQ–OAR–2017–0548.1

Although listed in the docket index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Out of an abundance of caution for 

members of the public and our staff, the 

EPA Docket Center and Reading Room 

are currently closed to the public, with 

limited exceptions, to reduce the risk of 

transmitting COVID–19. The Docket 

Center staff will continue to provide 

remote customer service via email, 

phone, and webform. For further 

information on EPA Docket Center 

services and the current status, please 

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

dockets. 

In addition, the EPA has established 

a website for the designations for the 

2015 ozone NAAQS at https://

www.epa.gov/ozone-designations. The 

website includes the EPA’s final revised 

designations action, technical support 

documents, revised responses to 

comments and other related 

information. 

FOR FURTHER INFORMATION CONTACT: For 

general questions concerning this 

action, contact Carla Oldham, Office of 

Air Quality Planning and Standards, 


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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations 31439 

2The EPA designated areas for the 2015 Ozone 

NAAQS in three rounds, resulting in 52 

nonattainment areas. In Round 1 (82 FR 54232; 

November 6, 2017), the EPA designated 2,646 

counties, two separate tribal areas and five 

territories as attainment/unclassifiable, and one 

area as unclassifiable. In Round 2 (83 FR 25776; 

April 30, 2018), the EPA designated 51 

nonattainment areas, one unclassifiable area, and 

all remaining areas as attainment/unclassifiable, 

except for the eight counties in the San Antonio, 

Continued 

U.S. Environmental Protection Agency, 

Mail Code C539–01, Research Triangle 

Park, N.C. 27711, phone number (919) 

541–3347 or by email at: oldham.carla@

epa.gov. The following EPA contacts 

can answer questions regarding areas 

affiliated with a particular EPA Regional 

office: 

Region 5—Eric Svingen, telephone 

(312) 353–4489, email at svingen.eric@

epa.gov. 

Region 6—Carrie Paige, telephone 

(214) 665–6521, email at paige.carrie@

epa.gov. 

Region 7¥Ashley Keas, telephone 

(913) 551–7629, email at keas.ashley@

epa.gov. 

Region 8—Abby Fulton, telephone 

(303) 312–6563, email at fulton.abby@

epa.gov. 

Regional offices Affected state(s) 

EPA Region 5—Air Programs Branch, Air & Radiation Division (AR–18J), 77 

West Jackson Boulevard, Chicago, Illinois 60604.

Illinois, Indiana, Michigan, and Wisconsin. 

EPA Region 6—State Planning & Implementation Branch, 1201 Elm Street, Dallas, Texas 75270.Texas. 

EPA Region 7—Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, 

Kansas 66219.

Missouri. 

EPA Region 8—Air Quality Planning Branch, 1595 Wynkoop Street, Denver, Colorado 80202.Colorado. 

Most of the EPA’s offices are closed to 

reduce the risk of transmitting COVID– 

19, but staff remain available via 

telephone and email. The EPA 

encourages the public to review 

information related to the EPA’s final 

action responding to the July 10, 2020, 

Court Decision online at https://

www.epa.gov/ozone-designations and 

also in the public docket at https://

www.regulations.gov under Docket ID 

No. EPA–HQ–OAR–2017–0548. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

The following is an outline of the 

Preamble. 

I. Preamble Glossary of Terms and Acronyms 

II. What is the purpose of this action? 

III. What is ozone and how is it formed? 

IV. What are the 2015 ozone NAAQS and the 

health and welfare concerns they 

address? 

V. What are the CAA requirements for air 

quality designations? 

VI. What is the chronology for this 

designations action and what guidance 

did the EPA provide? 

VII. What air quality data have the EPA used 

to designate the remanded areas for the 

2015 ozone NAAQS? 

VIII. What are the ozone air quality 

classifications and implementation 

dates? 

IX. Rural Transport Area Determination for 

the Revised Door County, Wisconsin 

Designation 

X. Environmental Justice Concerns 

XI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act (CRA) 

L. Judicial Review 

I. Preamble Glossary of Terms and 

Acronyms 

The following are abbreviations of 

terms used in the preamble. 

APA Administrative Procedure Act 

CAA Clean Air Act 

CFR Code of Federal Regulations 

CRA Congressional Review Act 

D.C. District of Columbia 

EPA Environmental Protection Agency 

FR Federal Register 

NAAQS National Ambient Air Quality 

Standards 

NTTAA National Technology Transfer and 

Advancement Act 

ppm Parts per million 

PRA Paperwork Reduction Act 

RFA Regulatory Flexibility Act 

RTA Rural Transport Area 

SIP State Implementation Plan 

TAR Tribal Authority Rule 

TSD Technical Support Document 

UMRA Unfunded Mandate Reform Act 

U.S. United States 

VOC Volatile Organic Compound 

II. What is the purpose of this action? 

The purpose of this final action is to 

announce and promulgate revised 2015 

ozone NAAQS designations for 13 

counties in response to the July 10, 

2020, decision by the District of 

Columbia Circuit Court that remanded 

the counties to the EPA for further 

consideration. The affected counties 

were initially designated on April 30, 

2018. This action also modifies and 

expands the rationale supporting the 

designation for one county that was 

remanded to the EPA by the court but 

remains identical to the initial April 30, 

2018, designation. The EPA is 

addressing the two additional remanded 

counties that require a different process 

in a document published elsewhere in 

this issue of the Federal Register. 

On October 1, 2015, the EPA 

promulgated revised primary and 

secondary NAAQS for ozone (80 FR 

6592; October 26, 2015). In that action, 

the EPA strengthened both standards to 

a level of 0.070 parts per million (ppm), 

while retaining their indicators, 

averaging times, and forms. The EPA 

revised the ozone standards based on an 

integrated assessment of an extensive 

body of new scientific evidence, which 

substantially strengthens our knowledge 

regarding ozone-related health and 

welfare effects, the results of exposure 

and risk analyses, the advice of the 

Clean Air Scientific Advisory 

Committee and consideration of public 

comments. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in the CAA 

section 107(d) (42 U.S.C. 7407(d)). After 

promulgation of a new or revised 

NAAQS, the CAA requires the EPA to 

determine if areas in the country meet 

the new standards. Accordingly, the 

EPA designated all areas of the country 

as to whether they met, or did not meet, 

the NAAQS in three rounds.2


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31440 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations 

Texas area. In Round 3 (83 FR 35136; July 17, 2018), 

the EPA designated one county in the San Antonio 

area as nonattainment and the other seven counties 

as attainment/unclassifiable. 

Several environmental and public 

health advocacy groups, three local 

government agencies, and the State of 

Illinois filed a total of six petitions for 

review challenging the EPA’s 2015 

ozone NAAQS designations 

promulgated on April 30, 2018. The 

District of Columbia Circuit Court 

consolidated the petitions into a single 

case, Clean Wisconsin v. EPA, 964 F.3d 

1145 (D.C. Cir. 2020). Collectively, the 

petitioners challenged aspects of the 

EPA’s final designations for 17 counties 

associated with nine nonattainment 

areas. The petitioners primarily argued 

that the EPA improperly designated 

counties (in whole or part) as attainment 

that should have been designated as 

nonattainment because of contribution 

to nearby counties with violating 

monitors. In its response brief, the EPA 

requested voluntary remand of the final 

designation decisions for 10 counties 

associated with four nonattainment 

areas to further review those 

designations. 

On July 10, 2020, the District of 

Columbia Circuit Court granted the 

EPA’s requests for voluntary remand 

and also remanded several other 

counties (see Clean Wisconsin, 964 F.3d 

1145). In total, the Court remanded back 

to the EPA, 16 counties associated with 

nine nonattainment areas. The Court did 

not vacate the initial April 30, 2018, 

designations, but required the EPA to 

‘‘issue revised designations as 

expeditiously as practicable.’’ In 

response to the Court decision, the EPA 

re-evaluated the existing technical 

record, including data and information, 

that was used for the initial April 2018 

designations under a uniform, 

nationwide analytical approach, to 

support either revising or affirming the 

designations for these remanded 

counties. Table 1 summarizes the EPA’s 

revised or affirmed 2015 ozone NAAQS 

designations for the 14 counties that are 

addressed in this Federal Register 

document. The EPA is affirming the 

designation for one county (Ottawa, 

Michigan) and revising the designations 

for 13 counties. The technical support 

documents (TSDs) that describe the reevaluation of these counties are 

included in the public docket. The 

amended 40 CFR part 81 tables for the 

revised designations, which appear in 

the regulatory tables included at the end 

of this final rule, identify the revised 

designation for each remanded county 

and the classification for each 

associated nonattainment area. Because 

the designation for Ottawa County, 

Michigan is being affirmed, no 

amendment is needed for the Michigan 

40 CFR part 81 table. 

TABLE 1—REMAND DESIGNATIONS FOR THE 2015 OZONE NAAQS 

Nonattainment area name Remanded county April 2018 designation Remand designation 

Chicago, IL-IN-WI ...................................... Kenosha, WI (partial) ................ Partial county nonattainment .... Expanded partial county nonattainment. 

McHenry, IL .............................. Full county attainment .............. Full county nonattainment. 

Porter, IN .................................. Full county attainment .............. Partial county nonattainment. 

Northern Milwaukee/Ozaukee Shoreline, 

WI.

Milwaukee, WI (partial) ............. Partial county nonattainment .... Full county nonattainment. 

Ozaukee, WI (partial) ............... Partial county nonattainment .... Full county nonattainment. 

Racine, WI ................................ Full county attainment .............. Partial county nonattainment. 

Waukesha, WI .......................... Full county attainment .............. Partial county nonattainment. 

Washington, WI ........................ Full county attainment .............. Partial county nonattainment. 

Sheboygan, WI .......................................... Sheboygan, WI (partial) ............ Partial county nonattainment .... Expanded partial county nonattainment. 

Manitowoc, WI ........................................... Manitowoc, WI (partial) ............. Partial county nonattainment .... Expanded partial county nonattainment. 

Door, WI ..................................................... Door, WI (partial) ...................... Partial county nonattainment .... Expanded partial county nonattainment. 

Allegan, MI ................................................. Ottawa, MI ................................ Full county attainment .............. Full county attainment. 

St. Louis, MO-IL ......................................... Monroe, IL ................................ Full county attainment .............. Full county nonattainment. 

Jefferson, MO ........................... Full county attainment .............. Full county nonattainment. 

For the 14 counties that appear in 

Table 1, as is discussed further in 

Sections V and VI of this notice, the 

EPA is exercising its authority to take 

final action under section 107(d) of the 

CAA. For the remaining two remanded 

counties (El Paso County, Texas and 

Weld County, Colorado), a different 

process is required, and the EPA is 

addressing those two counties in a 

separate Federal Register document. As 

discussed in Section V of this 

document, CAA section 107(d) specifies 

that whenever the EPA Administrator 

intends to make a modification to a 

state’s designation recommendation, the 

EPA must notify the state and provide 

the state with the opportunity to submit 

additional information to demonstrate 

why the EPA’s intended modification is 

inappropriate. The EPA is required to 

give the notification no later than 120 

days before promulgating the final 

designation, including any modification 

thereto. 

For the 14 counties that appear in 

Table 1, the EPA sent letters to the 

relevant states on December 20, 2017, 

notifying each state that the Agency 

intended to modify the state’s 

designation recommendation, and 

providing the states with 120 days to 

submit additional information regarding 

each county’s designation. However, 

both at the intended designations stage 

and in the final designations issued in 

April 2018, the EPA agreed with the 

state recommendations for El Paso 

County, Texas and Weld County, 

Colorado. Now, in response to the court 

remand, the EPA intends to make 

modifications to the state 

recommendations for those two 

counties. Therefore, the EPA must 

conduct a 120-day notification process 

related to the counties. Concurrent with 

this Federal Register document 

governing 14 of the remanded counties, 

the EPA is sending letters to Texas and 

Colorado to notify them of the intended 

modifications. The EPA is also issuing 

a notice of availability for these letters 

and offering a public comment period. 


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3See 80 FR 65296; October 26, 2015, for a 

detailed explanation of the calculation of the 3-year, 

8-hour average and 40 CFR part 50, appendix U. 

4This view was confirmed in Catawba County v. 

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

III. What is ozone and how is it formed? 

Ground-level ozone is a gas that is 

formed by the reaction of volatile 

organic compounds (VOCs) and oxides 

of nitrogen (NOX) in the atmosphere in 

the presence of sunlight. These 

precursor emissions are emitted by 

many types of pollution sources, 

including power plants and industrial 

emissions sources, on-road and off-road 

motor vehicles and engines, and smaller 

sources, collectively referred to as area 

sources. Ozone is predominately a 

summertime air pollutant. However, 

high ozone concentrations have also 

been observed in cold months, where a 

few areas in the Western United States 

(U.S.) have experienced high levels of 

local VOC and NOX emissions that have 

formed ozone when snow is on the 

ground and temperatures are near or 

below freezing. Ozone and ozone 

precursors can be transported to an area 

from sources in nearby areas or from 

sources located hundreds of miles away. 

For purposes of determining ozone 

nonattainment area boundaries, the 

CAA requires the EPA to include areas 

that contribute to nearby violations of 

the NAAQS. 

IV. What are the 2015 ozone NAAQS 

and the health and welfare concerns 

they address? 

On October 1, 2015, the EPA revised 

both the primary and secondary NAAQS 

for ozone to a level of 0.070 ppm 

(annual fourth-highest daily maximum 

8-hour average concentration, averaged 

over 3 years).3 The level of the ozone 

NAAQS previously set in 2008 is 0.75 

ppm. The 2015 ozone NAAQS retain the 

same general form and averaging time as 

the 2008 ozone NAAQS. 

The primary ozone standards provide 

protection for children, older adults, 

and people with asthma or other lung 

diseases, and other at-risk populations 

against an array of adverse health effects 

that include reduced lung function, 

increased respiratory symptoms and 

pulmonary inflammation; effects that 

contribute to emergency department 

visits or hospital admissions; and 

mortality. The secondary ozone 

standards protect against adverse effects 

to the public welfare, including those 

related to impacts on sensitive 

vegetation and forested ecosystems. 

V. What are the CAA requirements for 

air quality designations? 

After the EPA promulgates a new or 

revised NAAQS, the EPA is required to 

designate all areas in the country as 

nonattainment, attainment, or 

unclassifiable, for that NAAQS pursuant 

to section 107(d)(1)–(2) of the CAA. 

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

defines a nonattainment area as an area 

that does not meet the NAAQS or that 

contributes to a nearby area that does 

not meet the NAAQS. An attainment 

area is defined by the CAA as any area 

that meets the NAAQS and does not 

contribute to any nearby areas that do 

not meet the NAAQS. Unclassifiable 

areas are defined by the CAA as those 

that cannot be classified on the basis of 

available information as meeting or not 

meeting the NAAQS 

Historically for ozone, the EPA has 

designated most areas that do not meet 

the definition of nonattainment as 

unclassifiable/attainment. This category 

includes areas that have air quality 

monitoring data meeting the NAAQS 

and areas that do not have monitors but 

for which the EPA has no evidence that 

the areas may be violating the NAAQS 

or contributing to a nearby violation. In 

the designations for the 2015 ozone 

NAAQS, the EPA has reversed the order 

of the label to be attainment/ 

unclassifiable to better convey the 

definition of the designation category 

and so that the category is more easily 

distinguished from the separate 

unclassifiable category. In a few 

instances, based on circumstances 

where some monitoring data are 

available but are not sufficient for a 

determination that an area is or is not 

attaining the NAAQS, the EPA has 

designated an area as unclassifiable. 

The EPA notes that CAA section 

107(d) provides the Agency with 

discretion to determine how best to 

interpret the terms in the definition of 

a nonattainment area (e.g., ‘‘contributes 

to’’ and ‘‘nearby’’) for a new or revised 

NAAQS, given considerations such as 

the nature of a specific pollutant, the 

types of sources that may contribute to 

violations, the form of the standards for 

the pollutant, and other relevant 

information. In particular, the EPA’s 

position is that the statute does not 

require the Agency to establish bright 

line tests or thresholds for what 

constitutes ‘‘contribution’’ or ‘‘nearby’’ 

for purposes of designations.4

Similarly, the EPA’s position is that 

the statute permits the EPA to evaluate 

the appropriate application of the term 

‘‘area’’ to include geographic areas 

based upon full or partial county 

boundaries, as may be appropriate for a 

particular NAAQS. For example, CAA 

section 107(d)(1)(B)(ii) explicitly 

provides that the EPA can make 

modifications to designation 

recommendations for an area ‘‘or 

portions thereof,’’ and under CAA 

section 107(d)(1)(B)(iv) a designation 

remains in effect for an area ‘‘or portion 

thereof’’ until the EPA redesignates it. 

Section 107(d)(1)(B) of the CAA 

requires the EPA to issue initial area 

designations within 2 years of 

promulgating a new or revised NAAQS. 

However, if the Administrator has 

insufficient information to make these 

designations within that time frame, the 

EPA has the authority to extend the 

deadline for designation decisions by up 

to 1 additional year. 

By no later than 1 year after the 

promulgation of a new or revised 

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

provides that each state governor shall 

recommend air quality designations, 

including the appropriate boundaries 

for areas, to the EPA. The EPA reviews 

those state recommendations and is 

authorized to make any modifications 

the Administrator deems necessary. The 

statute does not define the term 

‘‘necessary,’’ but the EPA interprets this 

to authorize the Administrator to 

modify designation recommendations 

that are inconsistent with the statutory 

language, including modification of 

recommended boundaries for 

nonattainment areas that are not 

supported by the facts or analysis. If the 

EPA intends to modify a state’s 

recommendation, section 107(d)(1)(B) of 

the CAA requires the EPA to notify the 

state of any such intended modifications 

not less than 120 days prior to the EPA’s 

promulgation of the final designation. 

These notifications are commonly 

known as the ‘‘120-day letters.’’ During 

this period, if the state does not agree 

with the EPA’s proposed modification, 

it has an opportunity to respond to the 

EPA and to demonstrate why it believes 

the modification proposed by the EPA is 

inappropriate. If a state fails to provide 

any recommendation for an area, in 

whole or in part, the EPA must 

promulgate a designation that the 

Administrator deems appropriate, 

pursuant to CAA section 

107(d)(1)(B)(ii). 

Section 301(d) of the CAA authorizes 

the EPA to approve eligible Indian tribes 

to implement provisions of the CAA on 

Indian reservations and other areas 

within the tribes’ jurisdiction. The 

Tribal Authority Rule (TAR) (40 CFR 

part 49), which implements section 

301(d) of the CAA, sets forth the criteria 

and process for tribes to apply to the 

EPA for eligibility to administer CAA 

programs. The designations process 

contained in section 107(d) of the CAA 

is included among those provisions 

determined to be appropriate by the 


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5Any reference to ‘‘counties’’ in this action also 

includes non-county administrative or statistical 

areas that are comparable to counties. Louisiana 

parishes; the organized boroughs of Alaska; the 

District of Columbia; and the independent cities of 

the States of Virginia, Maryland, Missouri, and 

Nevada are equivalent to counties for 

administrative purposes. Alaska’s Unorganized 

Borough is divided into 10 census areas that are 

statistically equivalent to counties. As of 2017, 

there are currently 3,142 counties and countyequivalents in the United States. 

6See 83 FR 651 (2018) for the notification of 

availability of EPA’s 120-day letters to the relevant 

states. 

7Comment submitted by Daniel L. Meyer, 

Secretary, Wisconsin Department of Natural 

Resources, EPA–HQ–OAR–2017–0548–0300; 

Comment submitted by Bruno L. Pigott, 

Commissioner, Indiana Department of Natural 

Resources, EPA–HQ–OAR–2017–0548–0292; 

Comment submitted by Darcy A. Bybee, Director, 

Air Pollution Control Program, Missouri 

Department of Natural Resources, EPA–HQ–OAR– 

2017–0548–0303. 

EPA for treatment of tribes in the same 

manner as states. Under the TAR, tribes 

generally are not subject to the same 

submission schedules imposed by the 

CAA on states. As authorized by the 

TAR, tribes may seek eligibility to 

submit designation recommendations to 

the EPA. 

VI. What is the chronology for this 

designations action and what guidance 

did the EPA provide? 

On February 25, 2016, the EPA issued 

guidance for states and tribal agencies to 

use for purposes of making designation 

recommendations as required by CAA 

section 107(d)(1)(A). (See February 25, 

2016, memorandum from Janet G. 

McCabe, Acting Assistant 

Administrator, to Regional 

Administrators, Regions 1–10, titled, 

‘‘Area Designations for the 2015 Ozone 

National Ambient Air Quality 

Standards’’ (Designations Guidance)). 

The Designations Guidance provided 

the anticipated timeline for designations 

and identified important factors that the 

EPA recommended states and tribes 

consider in making their 

recommendations and that EPA 

intended to consider in promulgating 

designations. These factors include air 

quality data, emissions and emissionsrelated data, meteorological data, 

geography/topography, and 

jurisdictional boundaries. In the 

Designations Guidance, the EPA asked 

that states and tribes submit their 

designation recommendations, 

including appropriate area boundaries, 

to the EPA by October 1, 2016. The EPA 

had previously issued two guidance 

memoranda related to designating areas 

of Indian country that also apply for 

designations for the 2015 ozone 

NAAQS. (See December 20, 2011, 

memorandum from Stephen D. Page, 

Director, Office of Air Quality Planning 

and Standards, to Regional Air 

Directors, Regions I–X, titled, ‘‘Policy 

for Establishing Separate Air Quality 

Designations for Areas of Indian 

Country,’’ (Tribal Designations 

Guidance) and December 20, 2011, 

memorandum from Stephen D. Page, 

Director, Office of Air Quality Planning 

and Standards, to Regional Air 

Directors, Regions I–X, titled, 

‘‘Guidance to Regions for Working with 

Tribes during the National Ambient Air 

Quality Standards (NAAQS) 

Designations Process.’’) In the 

Designation Guidance, the EPA 

indicated the Agency expected to 

complete the initial designations for the 

2015 ozone NAAQS on a 2-year 

schedule, by October 1, 2017, consistent 

with CAA 107(d)(1)(B)(i). 

On November 6, 2017, the EPA 

designated as attainment/unclassifiable 

2,646 counties,5 including tribal lands 

within those counties, for which the 

states recommended a designation of 

attainment or attainment/unclassifiable. 

This represents approximately 85 

percent of the counties in the U.S. The 

EPA also designated a three-county area 

in Washington as unclassifiable as 

recommended by the state. Consistent 

with the EPA’s Tribal Designation 

Guidance, the EPA designated two areas 

of Indian country (Fond du Lac Band of 

Lake Superior Chippewa Indians and 

Forest County Potawatomi Community) 

as separate attainment/unclassifiable 

areas. 

On or about December 22, 2017, the 

EPA sent 120-day letters to Governors 

and tribal leaders notifying them of the 

EPA’s preliminary response to their 

designation recommendations for all 

areas of the country not designated in 

the November 2017 action, with the 

exception of eight counties in the San 

Antonio metropolitan area. For the areas 

addressed in the 120-day letters, the 

EPA requested that states and tribes 

submit any additional information that 

they wanted the EPA to consider in 

making final designation decisions by 

February 28, 2018, including any 

certified 2017 air quality monitoring 

data. 

Although not required by section 

107(d)(2)(B) of the CAA, the EPA also 

provided a 30-day public comment 

period on the designation 

recommendations from states and tribes 

and the EPA’s intended designations 

addressed in the 120-day letters to states 

and tribes. The EPA announced the 

public comment period in the Federal 

Register on January 5, 2018 (83 FR 651). 

On April 30, 2018, the EPA finalized 

designations for the areas addressed in 

the 120-day letter responses to states 

and tribes. In response to the Clean 

Wisconsin court decision relating to that 

April 30, 2018, action, the EPA has 

again applied a uniform, nationwide 

analytical approach and interpretation 

of CAA section 107(d)(1) to these areas 

across the country and reviewed the 

state and tribal responses and public 

comments, as well as reviewed the court 

decision itself, in the Agency’s decision 

to revise certain designations remanded 

by the court. Comments from the states, 

tribes and the public, and EPA’s 

updated responses to significant 

comments, are also available in the 

docket along with the individual TSDs 

for areas with associated remanded 

counties. 

In the Clean Wisconsin decision, the 

D.C. Circuit directed the EPA to 

complete a process to revise, as 

appropriate, its April 2018 designations 

for the remanded counties ‘‘as 

expeditiously as practicable.’’ The CAA 

does not require the EPA to follow a 

specific process when final designations 

are remanded to the Agency. The EPA’s 

final action reflects a reasonable 

interpretation of the CAA section 107(d) 

requirements, particularly given the 

court’s direction and the process already 

provided to states, tribes, and the 

public. 

The EPA is finalizing the designations 

addressed in this action without 

providing additional opportunity for 

public comment or another 120-day 

period for states to respond. Under CAA 

section 107(d)(2)(B), the EPA is not 

required to provide a public comment 

period for designations actions. CAA 

section 107(d)(1)(B)(ii) lays out a 

particular process when the EPA 

disagrees with a state’s recommended 

designations. For the 14 counties 

addressed in this Federal Register 

document, the EPA is either (1) agreeing 

with the state recommendation, which 

does not require any further process, or 

(2) disagreeing with the state 

recommendation. For the latter category, 

the EPA has already expressed such 

disagreement and provided the relevant 

states (Wisconsin, Indiana, and 

Missouri) with the statutorily-mandated 

opportunity to demonstrate why EPA’s 

intended designations were 

inappropriate.6 Each of those states took 

advantage of that opportunity and 

responded to the EPA with additional 

information.7 In the designations 

addressed in this Federal Register 

document, the EPA considered those 

responses, in addition to the rest of the 

data and information in the record. 

Proceeding straight to finalization for 

these 14 areas also aligns with the 


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

9The existing record consists of data and other 

information provided by the EPA, state air agencies 

and the public in the time leading up to the April 

30, 2018, signature date of the original action, and 

which the EPA considered or relied upon in its 

original final decisions published in June 2018. 

This information is contained in the public 

rulemaking docket, available at https://

www.regulations.gov under docket number EPA– 

HQ–OAR–2017–0548. 

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

11As is discussed earlier in this section, almost 

every designation relied on monitored 2014–2016 

design values. The few exceptions were for states 

that early-certified 2015–2017 data in accordance 

with the Designation Guidance. 

12Catawba County v. EPA, 571 F.3d 20, 51 (D.C. 

Cir. 2009); see also Mississippi Comm’n v. EPA, 790 

F.3d 138, 160 (D.C. Cir. 2015). 

direction provided by the D.C. Circuit to 

‘‘issue revised designations as 

expeditiously as practicable.’’ 8 While 

the EPA does sometimes provide 

opportunities for outside input even 

when it is not required by the CAA, it 

is not appropriate to do so here given 

the court’s direction, and the process 

that the EPA has already undertaken for 

these areas. 

This approach is consistent with the 

EPA’s treatment of the two remaining 

remanded counties addressed in the 

Agency’s separate notification of 

availability published elsewhere in this 

issue of the Federal Register. The EPA’s 

December 2017 initial designations and 

April 2018 final designations aligned 

with Texas’s and Colorado’s 

recommendations for El Paso and Weld 

Counties, respectively, and so at that 

time, the EPA had no need to, and did 

not, notify the states that the Agency 

planned to modify the states’ 

recommendations. However, the EPA’s 

revised intended designations for those 

areas in response to the court’s remand 

would modify the states’ 

recommendations. As such, the EPA is 

acting consistently with the CAA 

requirement that the EPA notify the 

relevant states and allow them to 

‘‘demonstrate why any proposed 

modification is inappropriate,’’ and 

undertaking a 120-day process. 

VII. What air quality data have the EPA 

used to designate the remanded areas 

for the 2015 ozone NAAQS? 

For the remanded counties and 

associated nonattainment areas 

addressed in this action, the EPA has reevaluated the designations under a 

uniform, nationwide analytical 

approach in considering the specific 

facts and circumstances of the areas 

using data and information available in 

the existing record.9 The EPA has 

primarily based the revised final ozone 

designations in this action on air quality 

monitoring data from the years 2014– 

2016, which were the most recent data 

that states were required to certify at the 

time the EPA notified the states of its 

intended modifications to their 

recommendations in December 2017. 

Under 40 CFR 58.16, states are required 

to report all monitored ozone air quality 

data and associated quality assurance 

data within 90 days after the end of each 

quarterly reporting period, and under 40 

CFR 58.15(a)(2) states are required to 

submit annual summary reports and a 

data certification letter to the EPA by 

May 1 for ozone air quality data 

collected in the previous calendar year. 

Thus, at the time of the 120-day letters, 

the most recent certification obligation 

was for air quality data from 2016. In 

the 120-day notification letters to states, 

the EPA indicated that for the EPA to 

consider air quality data for the period 

2015–2017 in the final designation 

decisions for any area, a state must 

submit certified, quality assured 2015– 

2017 air quality monitoring data for the 

area to the EPA by February 28, 2018. 

Several states, including Missouri and 

Illinois, chose to submit early certified 

air quality data for areas within their 

states. Accordingly, for the St. Louis, 

Missouri-Illinois area, the EPA based its 

original final designations decisions on 

air quality data from 2015–2017 and is 

also basing the revised final designation 

decisions on air quality data from 2015– 

2017. For the three states that comprise 

a portion of the Chicago-Naperville, 

Illinois-Indiana-Wisconsin CSA, only 

Illinois chose to early certify 2017 data 

before the May 1, 2018, deadline. The 

2015–2017 design values for counties in 

the Illinois portion of the ChicagoNaperville, Illinois-Indiana-Wisconsin 

CSA show violations of the NAAQS in 

Cook County and Lake County in 

Illinois, and no violations in other 

counties in the Illinois portion of the 

CSA; this is not a change from the 2014– 

2016 data for Illinois, which also 

showed violations in only these two 

counties within the Illinois portion of 

the CSA. Therefore, the early certified 

2017 data would not result in a change 

to the designations for those counties. 

Thus, for the Chicago, Illinois-IndianaWisconsin area, the EPA based its 

original final designations decisions on 

air quality data from 2014–2016 and is 

also basing the revised final designation 

decisions on air quality data from 2014– 

2016, with additional consideration of 

2015–2017 data for Illinois. 

The EPA’s reliance on the existing 

record to support the designations in 

this Federal Register document is 

reasonable in light of the circumstances. 

The CAA does not specify what data the 

Agency must rely on in re-promulgating 

designations upon remand from a court. 

As such, the EPA’s reasonable reliance 

on the existing record reflects the EPA’s 

dedication to national consistency and 

the specific direction of the court in 

Clean Wisconsin: ‘‘to issue revised 

designations as expeditiously as 

practicable’’ in responding to the 

remand.10

Section 107(d) of the CAA lays out a 

particular timeline for designations 

decisions to be made, triggered from the 

promulgation date of a NAAQS. For the 

2015 ozone NAAQS, the designation of 

every area of the country, apart from 

those remanded to the Agency, relied on 

the existing record.11 As the D.C. Circuit 

stated in previous cases reviewing the 

EPA’s designations decisions, 

‘‘inconsistency is the hallmark of 

arbitrary agency action.’’ 12 Relying on 

the data available to the Agency at the 

time of the April 2018 designations 

action would prevent inconsistent 

treatment between the remanded 

counties and every other area of the 

country. 

In addition, this action expands the 

boundaries of existing nonattainment 

areas but does not create any new 

nonattainment areas. If it is important to 

treat areas across the country 

consistently, it is that much more 

important that the EPA treat different 

portions of the same nonattainment 

area consistently. For example, in this 

action, the EPA is expanding the 

boundary of the Sheboygan, Wisconsin 

nonattainment area by approximately 

0.9 miles. It would be illogical in this 

type of situation for the Agency to use 

one set of data (e.g., 2014–2016 design 

values) for the previously-designated 

portion and a different set (e.g., 2017– 

2019 or 2018–2020 design values) for 

the new 0.9-mile wide portion of the 

county. 

The D.C. Circuit’s direction to act ‘‘as 

expeditiously as practicable’’ also 

weighs in favor of using the existing 

record. Gathering and analyzing new 

data would necessarily have taken 

longer, because much of the data the 

EPA generally relies upon in its 

designations decision-making process is 

obtained outside the Agency, including 

from states. 

VIII. What are the ozone air quality 

classifications and implementation 

dates? 

In accordance with CAA section 

181(a)(1), each area designated as 

nonattainment for the ozone NAAQS is 

classified by operation of law at the 

same time as the area is designated by 

the EPA. Under Subpart 2 of part D of 


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13The air quality design value for the 8-hour 

ozone NAAQS is the 3-year average of the annual 

4th highest daily maximum 8-hour average ozone 

concentration. See 40 CFR part 50, appendix U. 

title I of the CAA, state planning and 

emissions control requirements for 

ozone are determined, in part, by a 

nonattainment area’s classification. The 

ozone nonattainment areas are classified 

based on the severity of their ozone 

levels (as determined based on the 

area’s ‘‘design value,’’ which represents 

air quality in the area for the most 

recent 3 years).13 The possible 

classifications are Marginal, Moderate, 

Serious, Severe, and Extreme. 

Nonattainment areas with a ‘‘lower’’ 

classification have ozone levels that are 

closer to the standard than areas with a 

‘‘higher’’ classification. Areas in the 

lower classification levels have fewer 

and/or less stringent mandatory air 

quality planning and control 

requirements than those in higher 

classifications. On March 9, 2018 (83 FR 

10376), the EPA published the 

Classifications Rule that establishes how 

the statutory classifications will apply 

for the 2015 ozone NAAQS, including 

the air quality thresholds for each 

classification category. Each 

nonattainment area’s design value, 

based on the then-most recent 3 years of 

certified air quality monitoring data, is 

used to establish the classification for 

the area. 

The regulatory tables included at the 

end of this action provide the 

classification for each designated 

nonattainment area for the 2015 ozone 

NAAQS based on the design value for 

the area and the classification 

thresholds established in the 

Classification Rule. All areas addressed 

in this Federal Register document are 

Marginal areas. 

As established in the final 

implementing regulations for the 2015 

ozone NAAQS, nonattainment areas 

(including the areas subject to this final 

action) shall attain the 2015 standards 

as expeditiously as practicable but not 

later than the dates provided in Table 1 

of 40 CFR 51.1303(a) expressed in years 

after the effective date of area 

designations, which was August 3, 2018 

(83 FR 25776; June 4, 2018). The 

resulting attainment date for Marginal 

areas is not later than 3 years from the 

designation effective date, or August 3, 

2021. Further, states with Marginal 

nonattainment areas have 2 years from 

the effective date of designation to 

submit state implementation plan (SIP) 

revisions addressing emissions 

inventories (required by CAA section 

182(a)(1)) and emissions statement 

regulations (CAA section 182(a)(3)(B)) 

(83 FR 62998, 63000; December 6, 

2018). See also 40 CFR 51.1315. The 

resulting emissions inventory and 

emissions statement SIP revisions were 

due August 3, 2020. The August 3, 2021, 

Marginal area attainment date and the 

August 3, 2020, SIP submission 

requirements still apply for the areas 

subject to this final action, inclusive of 

the revised nonattainment boundaries. 

The EPA expects states with areas 

subject to this final action to work with 

their respective EPA Regional office to 

submit any necessary supplements or 

revisions to fulfill the Marginal area SIP 

revision requirements associated with 

the nonattainment boundaries in this 

final action as expeditiously as 

practicable. 

IX. Rural Transport Area 

Determination for the Revised Door 

County, Wisconsin Designation 

CAA section 182(h) sets out general 

criteria for determining whether an area 

qualifies as a Rural Transport Area 

(RTA). The statute defines an RTA as an 

area that is designated nonattainment 

and neither includes nor is adjacent to 

any part of a metropolitan statistical 

area or consolidated metropolitan 

statistical area as defined at the time of 

the 1990 CAA amendments. In such 

cases, the Administrator has discretion 

to treat the area as an RTA based on a 

finding that the emissions within the 

area do not make a significant 

contribution to the ozone concentrations 

measured in the area or in other areas. 

The EPA provided guidance on 

requesting RTA treatment in the 

February 25, 2016, memorandum titled, 

‘‘Area Designations for the 2015 Ozone 

National Ambient Air Quality 

Standards.’’ An RTA, regardless of its 

nonattainment classification, is treated 

as meeting the applicable requirements 

of CAA section 182 (generally relating to 

submissions required for ozone 

nonattainment areas) if the area meets 

the submission requirements of a 

Marginal area. 

In a letter dated April 20, 2017, 

Wisconsin requested that the EPA make 

an RTA determination for the Door 

County nonattainment area that was 

designated in Round 2 of the ozone 

designations for the 2015 ozone 

NAAQS. The EPA determined that the 

final Door County, Wisconsin 

nonattainment area met the criteria for 

treatment as an RTA under CAA section 

182(h). In response to the July 10, 2020, 

Court remand regarding the Door 

County nonattainment area, the EPA is 

revising the boundaries of the Door 

County area designated nonattainment 

on April 30, 2018. The EPA has 

determined that this nonattainment area 

meets the criteria for treatment as an 

RTA under CAA section 182(h) and will 

be treated as meeting the requirements 

of CAA section 182 if the area meets the 

submission requirements of Marginal 

areas explained previously in this 

section. Documentation supporting this 

determination is contained in the final 

TSD for Wisconsin, which is available 

in the public docket for this final action. 

This determination is reflected in the 

regulatory table for Wisconsin in 40 CFR 

part 81. 

X. Environmental Justice Concerns 

When the EPA establishes a new or 

revised NAAQS, the CAA requires the 

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

either nonattainment, attainment, or 

unclassifiable. This action revises 

certain designation determinations for 

the 2015 ozone NAAQS that were 

identified in the July 10, 2020, Court 

remand. Area designations address 

environmental justice concerns by 

ensuring that the public is properly 

informed about the air quality in an 

area. In locations where air quality does 

not meet the NAAQS, the CAA requires 

relevant state authorities to initiate 

appropriate air quality management 

actions to ensure that all those residing, 

working, attending school, or otherwise 

present in those areas are protected, 

regardless of minority and economic 

status. 

XI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is exempt from review by 

the Office of Management and Budget 

because it responds to the CAA 

requirement to promulgate air quality 

designations after promulgation of a 

new or revised NAAQS. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. This action fulfills the nondiscretionary duty for the EPA to 

promulgate air quality designations after 

promulgation of a new or revised 

NAAQS and does not contain any 

information collection activities. 

C. Regulatory Flexibility Act (RFA) 

This designation action under CAA 

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

The RFA applies only to rules subject to 

notice-and-comment rulemaking 

requirements under the Administrative 

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

any other statute. Section 107(d)(2)(B) of 

the CAA explicitly provides that 


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14 In deciding whether to invoke the exception by 

making and publishing a finding that this final 

action is based on a determination of nationwide 

scope or effect, the Administrator has also taken 

into account a number of policy considerations, 

including his judgment balancing the benefit of 

obtaining the D.C. Circuit’s authoritative centralized 

review versus allowing development of the issue in 

other contexts and the best use of Agency resources. 

15 In the report on the 1977 Amendments that 

revised section 307(b)(1) of the CAA, Congress 

noted that the Administrator’s determination that 

the ‘‘nationwide scope or effect’’ exception applies 

would be appropriate for any action that has a 

scope or effect beyond a single judicial circuit. See 

H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. 

designations are exempt from the 

notice-and-comment provisions of the 

APA. In addition, designations under 

CAA section 107(d) are not among the 

list of actions that are subject to the 

notice-and-comment rulemaking 

requirements of CAA section 307(d). 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538 and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local, or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the National 

Government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The division of 

responsibility between the Federal 

Government and the states for purposes 

of implementing the NAAQS is 

established under the CAA. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications. It will neither impose 

substantial direct compliance costs on 

federally recognized tribal governments, 

nor preempt tribal law. There are no 

tribes affected by this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying to those regulatory 

actions that concern environmental 

health or safety risks that the EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. This action is not 

subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, 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 X 

of this preamble, ‘‘Environmental 

Justice Concerns.’’ 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the U.S. This 

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

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

L. Judicial Review 

Section 307(b)(1) of the CAA governs 

judicial review of final actions by the 

EPA. This section provides, in part, that 

petitions for review must be filed in the 

Court of Appeals for the District of 

Columbia Circuit: (i) When the Agency 

action consists of ‘‘nationally applicable 

regulations promulgated, or final action 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, ‘‘if such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves the EPA complete discretion 

whether to invoke the exception in (ii). 

This final action designating areas for 

the 2015 ozone NAAQS is ‘‘nationally 

applicable’’ within the meaning of CAA 

section 307(b)(1). In the alternative, to 

the extent a court finds this action to be 

locally or regionally applicable, the 

Administrator is exercising the 

complete discretion afforded to him 

under the CAA to make and publish a 

finding that this action is based on a 

determination of ‘‘nationwide scope or 

effect’’ within the meaning of CAA 

section 307(b)(1).14 This final action 

establishes designations for areas across 

the U.S. for the 2015 ozone NAAQS, 

located in five states, in two EPA 

regions, and in three different federal 

judicial circuits.15 This final action 

applies a uniform, nationwide analytical 

method and interpretation of CAA 

section 107(d)(1) to these areas across 

the country in a single final action, and 

the final action is based on this common 

core of determinations. More 

specifically, for example, this final 

action is based on a determination by 

the EPA to evaluate areas nationwide 

under a common five factor analysis in 

determining whether areas were in 

violation of or contributing to an area in 

violation of the 2015 Ozone NAAQS at 

the time of the April 2018 designations 

final action. 

For these reasons, this final action is 

nationally applicable or, alternatively, 

the Administrator is exercising the 

complete discretion afforded to him by 

the CAA and hereby finds that this final 

action is based on a determination of 

nationwide scope or effect for purposes 

of CAA section 307(b)(1) and is hereby 

publishing that finding in the Federal 

Register. Under section 307(b)(1) of the 

CAA, any petitions for review of this 

final action must be filed in the U.S. 

Court of Appeals for the District of 

Columbia Circuit within 60 days from 

the date this final action is published in 

the Federal Register. Filing a petition 

for reconsideration by the Administrator 

of these final actions does not affect the 

finality of the actions for the purposes 

of judicial review, nor does it extend the 

time within which a petition for judicial 

review must be filed and shall not 

postpone the effectiveness of such 

actions. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Michael S. Regan, 

Administrator. 

For the reasons set forth in the 

preamble, 40 CFR part 81 is amended as 

follows: 


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PART 81—DESIGNATIONS OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

■ 2. In § 81.314, the table titled 

‘‘Illinois—2015 8-Hour Ozone NAAQS 

[Primary and Secondary]’’ is amended 

by: 

■ a. Revising the entries under 

‘‘Chicago, IL-IN-WI’’ and ‘‘St. Louis, 

MO-IL’’; 

■ b. Removing the entries ‘‘McHenry 

County’’ after the entry ‘‘McDonough 

County’’ and ‘‘Monroe County’’ after the 

entry ‘‘Mercer County’’; and 

■ c. Adding footnote 3 to the table. 

The revisions and addition read as 

follows: 

§ 81.314 Illinois. 

* * * * * 

ILLINOIS—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Chicago, IL-IN-WI .............................................................................................................. ................................... Nonattainment ...... .................... Marginal. 

Cook County.

DuPage County.

Grundy County (part) 

Aux Sable Township and Goose Lake Township.

Kane County.

Kendall County (part) 

Oswego Township.

Lake County.

McHenry County ......................................................................................................... July 14, 2021 3.

Will County.

St. Louis, MO-IL ................................................................................................................. ................................... Nonattainment ...... .................... Marginal. 

Madison County.

Monroe County ........................................................................................................... July 14, 2021 3.

St. Clair County.

* * * * * * * 

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

including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the 

state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

3EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS, but which remanded 

the designation for the identified county. Because this additional area is part of a previously designated nonattainment area, the implementation dates for the overall 

nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later designation date. 

* * * * * 

■ 3. In § 81.315, the table titled 

‘‘Indiana—2015 8-Hour Ozone NAAQS 

[Primary and Secondary]’’ is amended 

by: 

■ a. Revising the entries under 

‘‘Chicago, IL-IN-WI’’; 

■ b. Removing the entry ‘‘Porter 

County’’ after the entry ‘‘Pike County’’ 

and adding the entry ‘‘Porter County 

(part) remainder’’ in its place; and 

■ c. Adding footnote 3 to the table. 

The revisions and additions read as 

follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Chicago, IL-IN-WI: ............................................................................................................. ................................... Nonattainment ...... .................... Marginal. 

Lake County (part) 

Calumet Township, Hobart Township, North Township, Ross Township, and 

St. John Township.

Porter County (part) .................................................................................................... July 14, 2021 3.

Center Township, Jackson Township, Liberty Township, Pine Township, Portage Township, Union Township, Washington Township, and Westchester 

Township.

* * * * * * * 

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

Unclassifiable.

* * * * * * * 

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

including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the 

state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

3EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS, but which remanded 

the designation for the identified county. Because this additional area is part of a previously designated nonattainment area, the implementation dates for the overall 

nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later designation date. 


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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations 31447 

* * * * * 

■ 4. In § 81.326, the table titled 

‘‘Missouri—2015 8-Hour Ozone NAAQS 

[Primary and Secondary]’’ is amended 

by: 

■ a. Revising the entries under ‘‘St. 

Louis, MO-IL’’; 

■ b. Removing the entry ‘‘Jefferson 

County’’ after the entry ‘‘Jasper County’’; 

and 

■ c. Adding footnote 3 to the table. 

The revisions and addition read as 

follows: 

§ 81.326 Missouri. 

* * * * * 

MISSOURI—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

St. Louis, MO-IL: ................................... Nonattainment ...... .................... Marginal. 

Franklin County (part) 

Boles Township.

Jefferson County ......................................................................................................... July 14, 2021 3.

St. Charles County.

St. Louis County.

City of St. Louis.

* * * * * * * 

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

including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the 

state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

3EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS, but which remanded 

the designation for the identified county. Because this additional area is part of a previously designated nonattainment area, the implementation dates for the overall 

nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later designation date. 

* * * * * 

■ 5. In § 81.350 the table titled 

‘‘Wisconsin—2015 8-Hour Ozone 

NAAQS [Primary and Secondary]’’ is 

amended by: 

■ a. Revising the entries under 

‘‘Chicago, IL-IN-WI’’; 

■ b. Revising the entry for ‘‘Door 

County, WI’’ and the entries under 

‘‘Door County, WI’’; 

■ c. Revising the entries under 

‘‘Manitowoc County, WI’’; 

■ d. Removing the entry for ‘‘Northern 

Milwaukee/Ozaukee Shoreline, WI’’ and 

adding in its place the entry 

‘‘Milwaukee, WI’’ and revising the 

entries under ‘‘Milwaukee, WI’’; 

■ e. Removing the entry for ‘‘Ozaukee 

County (part)’’; 

■ f. Revising the entries under 

‘‘Sheboygan County, WI’’; 

■ g. Removing the entries ‘‘Milwaukee 

County (part) remainder’’ after the entry 

‘‘Menominee County’’ and ‘‘Ozaukee 

County (part) remainder’’ after the entry 

‘‘Outagamie County’’; 

■ h. Removing the entry ‘‘Racine 

County’’ after the entry ‘‘Price County’’ 

and adding the entry ‘‘Racine County 

(part) remainder’’ in its place. 

■ i. Removing the entries ‘‘Washington 

County’’ and ‘‘Waukesha County’’ after 

the entry ‘‘Washburn County’’ and 

adding the entries ‘‘Washington County 

(part) remainder’’ and ‘‘Waukesha 

County (part) remainder’’ in their 

places, respectively; and 

■ j. Adding footnotes 4 and 5 to the 

table. 

The revisions and additions read as 

follows: 

§ 81.350 Wisconsin. 

* * * * * 

WISCONSIN—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Chicago, IL-IN-WI .............................................................................................................. ................................... Nonattainment ...... .................... Marginal. 

Kenosha County (part) ............................................................................................... July 14, 2021 5.

The portion of Kenosha County bounded by the Lake Michigan shoreline on 

the East, the Kenosha County boundary on the North, the Kenosha County 

boundary on the South, and the I–94 corridor (including the entire corridor) 

on the West.

Door County, WI 

Door County (part): ..................................................................................................... 6/10/2020 .................. Attainment ............ .................... Marginal (Rural 

Transport). 

Newport State Park Boundary.

Door County-Revised (part): ....................................................................................... July 14, 202 14 .......... Nonattainment ...... .................... Marginal (Rural 

Transport). 

The portion of Door County north of Sturgeon Bay Canal excluding Newport 

State Park.

Manitowoc County, WI ....................................................................................................... ................................... Nonattainment ...... .................... Marginal. 

Manitowoc County (part): ........................................................................................... July 14, 2021 5.

Inclusive and east of the following roadways with the boundary starting from 

north to south: County Road B which turns into South State Street to County Road V which turns into Forest Home Drive to South Packer Drive to 

West Hillcrest Road to Highway 43 to West Custer Street to Dufek Drive 

which turns into Highway 42.

Milwaukee, WI .................................................................................................................... ................................... Nonattainment ...... .................... Marginal. 

Milwaukee County ...................................................................................................... July 14, 2021 5.

Ozaukee County ......................................................................................................... July 14, 2021 5.

Racine County (part): ................................................................................................. July 14, 2021 5.


lotter on DSK11XQN23PROD with RULES1
31448 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations 

1 85 FR 20195 (Apr. 10, 2020) (codified at 44 CFR 

part 328). See also 85 FR 22622 (Apr. 23, 2020) 

(correcting the date filed from ‘‘4–8–20’’ to’’ 4–7– 

20’’). 

2 85 FR 48113 (Aug. 10, 2020) and 85 FR 86835 

(Dec. 31, 2020) (codified at 44 CFR part 328). 

3 50 U.S.C. 4501 et seq. 

4See 85 FR 20195 at 20196–20197. 

WISCONSIN—2015 8-HOUR OZONE NAAQS—Continued 

[Primary and Secondary] 

Designated area 1

Designation Classification

Date 2 Type Date 2 Type

Inclusive and east of the following roadways going from the northern county 

boundary to the southern county boundary: Highway 45 to Washington Ave. 

to South Beaumont Ave.

Washington County (part): .......................................................................................... July 14, 2021 5.

Inclusive and east of the following roadways going from the northern county 

boundary to the southern county boundary: County H to N Main St/Old US 

Hwy 45 to WI–60 Trunk E to WI–164 S.

Waukesha County (part) ............................................................................................. July 14, 2021 5.

Going from the western county boundary to the southern county boundary: Inclusive 

and north of I–94 and inclusive and east of Highway 67.

Sheboygan County, WI ...................................................................................................... ................................... Nonattainment ...... .................... Marginal. 

Sheboygan County (part): .......................................................................................... July 14, 2021 5.

Inclusive and east of the following roadways with the boundary starting from 

north to south: Union Road which turns into County Road Y which turns into 

Highland Drive, to Lower Road which turns into Monroe Street, to Broadway/Main Street to Highway 32 which turns into Giddings Avenue to County 

Road W to County Road KW.

*******

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

Unclassifiable.

*******

Washington County (part) remainder ................................................................................ ................................... Attainment/ 

Unclassifiable.

Waukesha County (part) remainder .................................................................................. ................................... Attainment/ 

Unclassifiable.

*******

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

including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the 

state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

3 Includes Indian country of the tribe listed in this table located in Forest County, Wisconsin. Information pertaining to areas of Indian country in this table is intended for Clean Air Act planning purposes only and is not an EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to 

establish Indian country land status, and is making no determination of Indian country boundaries, in this table. 4EPA revised the nonattainment boundaries of the Door County area that was designated as nonattainment on April 30, 2018, in response to a court decision, 

which did not vacate any designations for the 2015 ozone NAAQS, but which remanded the designation for the identified county. Because this additional portion of 

Door County is associated with a previously designated nonattainment area, the associated implementation dates (e.g., the August 3, 2021 attainment date) remain 

unchanged regardless of this later designation date. 5EPA revised the nonattainment boundary in response to a court decision, which did not vacate any designations for the 2015 ozone NAAQS, but which remanded 

the designation for the identified county. Because this additional area is part of a previously designated nonattainment area, the associated implementation dates for 

the overall nonattainment area (e.g., the August 3, 2021 attainment date) remain unchanged regardless of this later designation date. 

* * * * * 

[FR Doc. 2021–11454 Filed 6–11–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 328 

[Docket ID FEMA–2020–0018] 

Prioritization and Allocation of Certain 

Scarce and Critical Health and Medical 

Resources for Domestic Use; 

Additional Exemptions 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security (DHS). 

ACTION: Notification of additional 

exemptions. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) 

announces additional exemptions from 

a temporary final rule that FEMA 

published in the Federal Register on 

December 31, 2020. 

DATES: Applicability date: This 

notification applies beginning on June 

11, 2021. 

ADDRESSES: You may review the docket 

by searching for Docket ID FEMA–2020– 

0018, via the Federal eRulemaking 

Portal: http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Daniel McMasters, Program Analyst, 

Office of Policy and Program Analysis, 

202–212–2900, FEMA-DPA@

fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 10, 2020, the Federal 

Emergency Management Agency 

(FEMA) published a temporary final 

rule (the ‘‘rule’’) to allocate certain 

health and medical resources for 

domestic use, so that these resources 

may not be exported from the United 

States without explicit approval by 

FEMA.1 The rule aids the response of 

the United States to the spread of 

COVID–19 by ensuring that certain 

health and medical resources are 

appropriately allocated for domestic 

use. The rule was modified and 

extended on August 10, 2020 and 

December 31, 2020, respectively.2

FEMA issued the rule under the 

authority of the Defense Production Act 

of 1950, as amended (DPA),3 and related 

Executive orders and delegations.4 Most 

prominently, on April 3, 2020, the 

President signed a Memorandum on 

Allocating Certain Scarce or Threatened 

Health and Medical Resources to 


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