SUPPLEMENTARY INFORMATION:

Throughout this document “we,” “us,” and “our” refer to EPA.

Table of Contents

I. What is being addressed in this document?

II. The EPA's Response to Comments

III. What action is the EPA taking?

IV. Statutory and Executive Order Reviews

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I. What is being addressed in this document?

This document takes final action on the Missouri Department of Natural Resources' (MoDNR) May 4, 2018 request asking the EPA to make a determination that the Jackson County, Missouri (hereby referred to as the “Jackson County area”) Nonattainment Area has attained the 2010 1-hr primary SO₂ NAAQS.

This document also takes final action to redesignate the Wyandotte County, Kansas 1-hr SO₂ NAAQS unclassifiable area (hereinafter referred to as the “Wyandotte County area”) to attainment/unclassifiable based on a January 10, 2017 request from the Kansas Department of Health and Environment (KDHE). Detailed information regarding these actions can be found in the proposed rule, 85 FR 20896, published April 15, 2020 in the Federal Register and in this docket.

II. The EPA's Response to Comments

The public comment period on the EPA's proposed rule opened April 15, 2020, the date of its publication in the Federal Register and closed on May 15, 2020. During this period, the EPA received one comment. This comment is not substantive and does not require a response from the EPA.

III. What action is the EPA taking?

The EPA is taking final action to determine that the Jackson County 2010 1-hr primary SO₂ nonattainment area, in Missouri, has attained the 2010 1-hr primary SO₂ NAAQS. This final determination of attainment is based on a May 2018 request from the Missouri Department of Natural Resources (MoDNR) asking the EPA to consider complete, quality assured, and certified ambient air monitoring data from the 2015-2017 monitoring period and make a determination that the area has attained the 2010 1-hr primary SO₂ NAAQS.

The EPA is also taking final action to a January 2017 request from the Kansas Department of Health and Environment (KDHE) to redesignate the Wyandotte County, Kansas 1-hr SO₂ NAAQS unclassifiable area to attainment/unclassifiable. The EPA's redesignation of the Wyandotte County area is based on air quality dispersion modeling submitted by the KDHE and supplemented by modeling analysis from the MoDNR for the Jackson County area. The relationship between the MoDNR's modeling analysis and the Wyandotte County area is explained in more detail in the “What is the EPA's Analysis of the Information Submitted by the States?” and “Connection to the Jackson County Clean Data Modeling” sections of the proposed rule, 85 FR 20896, published April 15, 2020. The EPA has made the monitoring and modeling data available in the docket to this rulemaking through www.regulations.gov.

IV. Statutory and Executive Order Reviews

This action makes a determination based on air quality monitoring data and modeling and results in the suspension of certain Federal requirements and does not impose any additional requirements.

With regard to the redesignation portion of this action, under the Clean Air Act (CAA), redesignation of an area to attainment/unclassifiable is an action that affects the air quality designation status of geographical areas and does not impose any regulatory requirements. For these reasons, this final action:

• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
• Is not anExecutive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because it is not a significant regulatory action under Executive Order 12866.
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have federalism implications as specified inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001);
• Is not subject to requirements of the National Technology Transfer and Advancement Act (NTTA) because this rulemaking does not involve technical standards; and
• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, underExecutive Order 12898 (59 FR 7629, February 16, 1994).

This action does not apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the action does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

For the reasons stated in the preamble, the EPA amends 40 CFR parts 52 and 81 as set forth below:

1. The authority citation for part 52 continues to read as follows:

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

2. In § 52.1343, revise paragraph (b) to read as follows:

3. The authority citation for part 81 continues to read as follows:

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

4. In § 81.317, the table titled “Kansas-2010 Sulfur Dioxide NAAQS [Primary]” is amended by revising the entry “Wyandotte County, KS” to read as follows: