[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Rules and Regulations]
[Pages 31438-31448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11454]


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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.

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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.
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    \1\ The 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.
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    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,

[[Page 31439]]

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.

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            Regional offices                     Affected state(s)
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EPA Region 5--Air Programs Branch, Air &  Illinois, Indiana, Michigan,
 Radiation Division (AR-18J), 77 West      and Wisconsin.
 Jackson Boulevard, Chicago, Illinois
 60604.
EPA Region 6--State Planning &            Texas.
 Implementation Branch, 1201 Elm Street,
 Dallas, Texas 75270.
EPA Region 7--Air Quality Planning        Missouri.
 Branch, 11201 Renner Boulevard, Lenexa,
 Kansas 66219.
EPA Region 8--Air Quality Planning        Colorado.
 Branch, 1595 Wynkoop Street, Denver,
 Colorado 80202.
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    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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    \2\ The 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, 
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.

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[[Page 31440]]

    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 re-
evaluation 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
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       Nonattainment area name             Remanded county       April 2018 designation     Remand designation
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Chicago, IL-IN-WI....................  Kenosha, WI (partial)..  Partial county           Expanded partial county
                                                                 nonattainment.           nonattainment.
                                       McHenry, IL............  Full county attainment.  Full county
                                                                                          nonattainment.
                                       Porter, IN.............  Full county attainment.  Partial county
                                                                                          nonattainment.
Northern Milwaukee/Ozaukee Shoreline,  Milwaukee, WI (partial)  Partial county           Full county
 WI.                                                             nonattainment.           nonattainment.
                                       Ozaukee, WI (partial)..  Partial county           Full county
                                                                 nonattainment.           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           Expanded partial county
                                                                 nonattainment.           nonattainment.
Manitowoc, WI........................  Manitowoc, WI (partial)  Partial county           Expanded partial county
                                                                 nonattainment.           nonattainment.
Door, WI.............................  Door, WI (partial).....  Partial county           Expanded partial county
                                                                 nonattainment.           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.
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    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.

[[Page 31441]]

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.
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    \3\ See 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.
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    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\
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    \4\ This view was confirmed in Catawba County v. EPA, 571 F.3d 
20 (D.C. Cir. 2009).
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    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

[[Page 31442]]

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 emissions-related 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.
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    \5\ Any 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 county-
equivalents in the United States.
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    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.
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    \6\ See 83 FR 651 (2018) for the notification of availability of 
EPA's 120-day letters to the relevant states.
    \7\ Comment 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.
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    Proceeding straight to finalization for these 14 areas also aligns 
with the

[[Page 31443]]

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.
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    \8\ Clean Wisconsin, 964 F.2d at 1176.
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    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 re-evaluated 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 Chicago-Naperville, 
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-Indiana-Wisconsin 
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.
---------------------------------------------------------------------------

    \9\ The 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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

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

    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.
---------------------------------------------------------------------------

    \11\ As 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.
    \12\ Catawba 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).
---------------------------------------------------------------------------

    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

[[Page 31444]]

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.
---------------------------------------------------------------------------

    \13\ The 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.
---------------------------------------------------------------------------

    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 non-discretionary 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

[[Page 31445]]

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, low-income 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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:

[[Page 31446]]

PART 81--DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
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

0
2. In Sec.  81.314, the table titled ``Illinois--2015 8-Hour Ozone 
NAAQS [Primary and Secondary]'' is amended by:
0
a. Revising the entries under ``Chicago, IL-IN-WI'' and ``St. Louis, 
MO-IL'';
0
b. Removing the entries ``McHenry County'' after the entry ``McDonough 
County'' and ``Monroe County'' after the entry ``Mercer County''; and
0
c. Adding footnote 3 to the table.
    The revisions and addition read as follows:


Sec.  81.314   Illinois.

* * * * *

                                        Illinois--2015 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                           Classification
       Designated area \1\       -------------------------------------------------------------------------------
                                        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.
\2\ This date is August 3, 2018, unless otherwise noted.
\3\ EPA 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.

* * * * *

0
3. In Sec.  81.315, the table titled ``Indiana--2015 8-Hour Ozone NAAQS 
[Primary and Secondary]'' is amended by:
0
a. Revising the entries under ``Chicago, IL-IN-WI'';
0
b. Removing the entry ``Porter County'' after the entry ``Pike County'' 
and adding the entry ``Porter County (part) remainder'' in its place; 
and
0
c. Adding footnote 3 to the table.
    The revisions and additions read as follows:


Sec.  81.315   Indiana.

* * * * *

                                        Indiana--2015 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                           Classification
       Designated area \1\       -------------------------------------------------------------------------------
                                        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.
\2\ This date is August 3, 2018, unless otherwise noted.
\3\ EPA 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.


[[Page 31447]]

* * * * *

0
4. In Sec.  81.326, the table titled ``Missouri--2015 8-Hour Ozone 
NAAQS [Primary and Secondary]'' is amended by:
0
a. Revising the entries under ``St. Louis, MO-IL'';
0
b. Removing the entry ``Jefferson County'' after the entry ``Jasper 
County''; and
0
c. Adding footnote 3 to the table.
    The revisions and addition read as follows:


Sec.  81.326   Missouri.

* * * * *

                                        Missouri--2015 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                           Classification
       Designated area \1\       -------------------------------------------------------------------------------
                                        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.
\2\ This date is August 3, 2018, unless otherwise noted.
\3\ EPA 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.

* * * * *

0
5. In Sec.  81.350 the table titled ``Wisconsin--2015 8-Hour Ozone 
NAAQS [Primary and Secondary]'' is amended by:
0
a. Revising the entries under ``Chicago, IL-IN-WI'';
0
b. Revising the entry for ``Door County, WI'' and the entries under 
``Door County, WI'';
0
c. Revising the entries under ``Manitowoc County, WI'';
0
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'';
0
e. Removing the entry for ``Ozaukee County (part)'';
0
f. Revising the entries under ``Sheboygan County, WI'';
0
g. Removing the entries ``Milwaukee County (part) remainder'' after the 
entry ``Menominee County'' and ``Ozaukee County (part) remainder'' 
after the entry ``Outagamie County'';
0
h. Removing the entry ``Racine County'' after the entry ``Price 
County'' and adding the entry ``Racine County (part) remainder'' in its 
place.
0
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
0
j. Adding footnotes 4 and 5 to the table.
    The revisions and additions read as follows:


Sec.  81.350   Wisconsin.

* * * * *

                                       Wisconsin--2015 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                           Classification
       Designated area \1\       -------------------------------------------------------------------------------
                                        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 1\4\..  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\..

[[Page 31448]]

 
        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)          ...................  Attainment/
 remainder.                                             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.
\2\ This 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.
\4\ EPA 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.
\5\ EPA 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


