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EPA/OAR RIN: 2060-AT45 Publication ID: Fall 2017 
Title: Area Designations for the 2010 Primary Sulfur Dioxide National Ambient Air Quality Standard--Round 3 
Abstract:

On June 2, 2010, the EPA established a revised primary SO2 National Ambient Air Quality Standards (NAAQS) at 75 parts per billion (ppb), which is met at a monitoring site when the 3-year average of the 99th percentile of daily maximum 1-hour concentrations does not exceed 75 ppb (75 FR 35520; June 22, 2010). On August 5, 2013, the EPA published a notice announcing designations of 29 areas in 16 states as nonattainment for the 2010 primary SO2 standard ("Round 1"), based on certified ambient air quality monitoring data (78 FR 47191). However, at that time, the EPA was not yet prepared to issue designations for the remaining areas of the country. Subsequently, three lawsuits were filed against the EPA in different U.S. District Courts alleging that the agency had failed to perform a nondiscretionary duty under the Clean Air Act (CAA) by not designating all portions of the country by the June 3, 2013, deadline. Under a consent decree entered by the Court on March 2, 2015, in one of those cases, the EPA is required to complete the remaining area designations according to a specific schedule with the following deadlines: July 2, 2016 ("Round 2"); December 31, 2017 ("Round 3") and December 31, 2020 ("Round 4"). On June 30, 2016, and November 29, 2016, the EPA signed a Federal Register notice completing the designations for the Round 2 areas subject to the July 2, 2016, deadline, designating 7 areas nonattainment, 17 areas unclassifiable and 41 areas unclassifiable/attainment (81 FR 45039; July 12, 2016, and 81 FR 89870; December 13, 2016). The schedule for completing the remaining designations overlaps with submission of SO2 air quality information by states to the EPA under the SO2 Data Requirements Rule (DRR). This information may be used by the EPA in evaluating areas' air quality in relation to the 2010 SO2 primary NAAQS, including designations and redesignations (80 FR 51052; August 21, 2015).

 
Agency: Environmental Protection Agency(EPA)  Priority: Info./Admin./Other 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 40 CFR 81   
Legal Authority: 42 U.S.C. 7401 et seq.   
Legal Deadline:
Action Source Description Date
Final  Judicial  Under a CD entered by the court on 3/2/15, EPA is required to complete round 3 by 12/31/17 and submit the signed final to the OFR NLT 10 days after signature.  12/31/2017 

Overall Description of Deadline: Signature deadline of 12/31/17.

Timetable:
Action Date FR Cite
NPRM  09/05/2017  82 FR 41903   
NPRM Comment Period End  10/05/2017 
Final Rule  12/00/2017 
Additional Information: Docket #:EPA-HQ-OAR-2017-0003
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Corey Mocka
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code C539-01,
Research Triangle Park, NC 27709
Phone:919 541-5142
Email: mocka.corey@epa.gov

Rhea Jones
Environmental Protection Agency
Office of Air and Radiation
MD-13, 109 T.W. Alexander Drive, Mail Code C539-04,
Research Triangle Park, NC 27711
Phone:919 541-2940
Email: jones.rhea@epa.gov