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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Rules and Regulations
EPAs data completeness requirements, which Port Hurons monitor does. EGLE
may not have had 90 hours in every season due to exclusions, but EPA finds that EGLEs background calculations are generally conservative and acceptable in the modeled evaluation submitted with EGLEs CDD request. EPA has added EGLEs background spreadsheet to Docket ID No. EPAR05OAR2020
0385.
Additionally, EPA calculated a much more conservative Tier I background calculation which used the first high concentration to determine one background value for each year 2017
2019. This resulted in the values 7.5
parts per billion ppb, 6.5 ppb, and 14.4
ppb for 2017, 2018, and 2019, respectively, for a three-year averaged background value of 9.5 ppb. Adding this Tier 1 background value of 9.5 ppb to the CDD modeled design concentration of 64.4 ppb which already included the season by hour of day values, embedded in the final modeled result gives a total, very conservative design value of 73.9 ppb, which double counts background but is still below the NAAQS. EPA does not intend to impose this Tier I background value upon EGLEs submitted analysis, but only finds that EGLEs analysis would still show attainment, even if the submitted background values were rejected.
Comment H: EGLE does not state what years the Port Huron data is from on page 4 of its CDD submittal.
Response H: EGLEs table on page 4
of its CDD submittal indicates that the Port Huron background data was from 20172019.
Comment I: The commenter noted that the NPRM appeared to reverse the 20172019 monitor values which EPA
cited as indicating that the modeling and monitoring results matched well near the monitor locations.
Response I: EPA acknowledges that there is an error in the narrative on page 45949 of the NPRM. The values in Table 1 and the comparison of modeled to monitored design values at each monitor are correct as given in the NPRM. The correct wording on page 45949 of the NPRM should be The models predicted design value at the Mills monitor location was 47.7 ppb, compared to the monitored design value of 45 ppb, and the models predicted design value at the Remer monitor location was 52.7 ppb, compared to the monitored design value of 54 ppb.
Comment J: The commenter stated that if EPA finds that the area is not meeting the NAAQS after reviewing these comments, it should move
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forward with a Federal Implementation Plan.
Response J: EPA believes that EGLE
has adequately demonstrated that the St.
Clair area is currently meeting the 2010
SO2 NAAQS. If it is necessary to rescind the CDD in future, EPA will follow the requirements of the CAA.
Comment K: The commenter said that EPA should bolster its plan for oversight of the areas continued compliance with the NAAQS with requirements for data submittals on a more frequent basis than an annual report, such as monthly or bimonthly. The commenter also requested that EPA require the DTE
monitors to run at least until the area is redesignated, not just until the St. Clair plant closes.
Response K: Areas may verify continued attainment of the NAAQS
using air quality monitoring data, which is certified on an annual basis. EPAs inclusion of a requirement that EGLE
submit an annual report demonstrating the areas continued attainment permits the State to provide relevant information to support such a finding, including monitoring data, emissions data, or other information. This approach is reasonable given the combination of monitoring and modeling data supporting this final CDD. Moreover, the annual basis for the required demonstration mirrors the certification schedule for air quality monitoring data. We therefore think it represents a reasonable interval for EGLEs reporting requirement. The NPRM page 45948 proposed to require EGLE to submit an annual statement to EPA addressing whether the St. Clair area is continuing to attain the 2010 SO2
NAAQS. This is a new requirement intended to bolster and formalize the continuing verification of the areas air quality. EPA does not believe that it is necessary to further modify its proposed schedule for more frequent formal reports from EGLE. EGLE uploads new monitoring data to EPAs Air Quality System AQS database frequently.
Nothing in the CDD precludes EGLE
from routinely reviewing its available air quality information on a short-term basis.
EPA will work with EGLE to ensure that the Mills and Remer monitors continue to operate at least until a full redesignation of the St. Clair area occurs.
After careful consideration of public comments, EPA is finalizing the August 17, 2021, proposed finding that the St.
Clair area is attaining the 2010 SO2
NAAQS. EPA is therefore also finalizing the CDD for the St. Clair nonattainment area.

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III. Final Action EPA is approving EGLEs request for a CDD for the St. Clair nonattainment area in St. Clair County, Michigan. The nonattainment area consists of a portion of southeastern St. Clair County, Michigan, located northeast of Detroit.
The nonattainment area shares a border with Ontario, Canada along the St. Clair River. The areas complete boundary description can be found at 40 CFR
81.323. EPAs final determination suspends the requirements for EGLE to submit an attainment demonstration and other associated nonattainment planning requirements for the St. Clair nonattainment area so long as the St.
Clair area continues to attain the 2010
SO2 NAAQS. Finalizing this action does not constitute a redesignation of the St.
Clair area to attainment of the 2010 SO2
NAAQS under section 107d3 of the CAA. The St. Clair area will remain designated nonattainment for the 2010
SO2 NAAQS until such time as EPA
determines that the area meets the CAA
requirements for redesignation to attainment and takes action to redesignate the area.
As noted in the proposal on this action, sanctions clocks were started on October 21, 2019, for the States failure to submit all components of the SO2
part D nonattainment area SIP, including the emissions inventory, attainment demonstration, reasonably available control measures RACM
including reasonably available control technology RACT, enforceable emission limitations and control measures, reasonable further progress RFP plan, nonattainment new source review NNSR, and contingency measures.
With the approval of this CDD, only the emissions inventory and NNSR
i.e., the non-planning requirements need to be addressed. EPA found EGLEs June 30, 2021, submittal of the St. Clair areas emissions inventory and NNSR elements complete in a letter dated October 7, 2021. On October 26, 2021, 86 FR 59073, EPA proposed to approve EGLEs June 30, 2021, submittal of the St. Clair areas emissions inventory and NNSR elements.
Therefore, a complete submittal has been made by the State addressing the finding of failure to submit and, as a result, both the NNSR 2:1 offset sanctions and highway funding sanctions that were in place are now suspended as long as the area continues to demonstrate it is attaining the NAAQS.
In accordance with 5 U.S.C. 553d of the Administrative Procedure Act APA, EPA finds there is good cause for
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