Federal Register - September 24, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Proposed Rules
submittals in order to modify the LIP
for, among other things, general consistency with the North Carolina SIP.1 The three submittals were submitted to EPA as follows: NCDAQ
transmitted the October 25, 2017, submittal to EPA but withdrew it from review through a letter dated February 15, 2019. On April 24, 2020, NCDAQ
resubmitted the October 25, 2017, update to EPA and also submitted the January 21, 2016, and January 14, 2019, updates. Due to an inconsistency with public notice at the local level, these submittals were withdrawn from EPA
through a letter dated February 15, 2019. Mecklenburg County corrected this error, and NCDAQ submitted the updates in a revision dated April 24, 2020.2
II. What action is EPA proposing to take?
On April 24, 2020, NCDAQ submitted to EPA changes to the MCAPCO to be incorporated into the LIP.3 In this notice, EPA is proposing to act on certain updates and changes to the ambient air quality standards contained in the MCAPCO. Specifically, the January 14, 2019, portion of this submission includes changes and updates to Rules 2.0401Purpose;
2.0402Sulfur Oxides; 2.0404Carbon Monoxide; 2.0405Ozone; 2.0407
Nitrogen Dioxide; and 2.0408Lead of MCAPCO Article 2.0000, Section 2.0400Ambient Air Quality Standards. Additionally, the January 14, 2019, portion of this submission includes Rule 2.0410PM2.5 Particulate Matter for initial incorporation into the LIP. The January 21, 2016, portion of this submission includes changes and updates Rule 2.0403Total Suspended Particulates. EPA is proposing to approve and incorporate these provisions into the LIP. These changes and additions are described in more detail below:
1. Rule 2.0401Purpose is revised to make minor, clarifying edits to capitalization, punctuation, and wording. These changes more closely align the rule with the SIP-approved state rule at 15A NCAC 02D .0401
Purpose. For example, the word state is capitalized throughout the regulation, 1 The Mecklenburg County, North Carolina revision that is dated April 24, 2020, and received by EPA on June 19, 2020, is comprised of three previous submittalsone dated January 21, 2016;
one dated October 25, 2017; and one dated January 14, 2019.
2 EPA notes that the April 24, 2020, submittal was received by EPA on June 19, 2020.
3 The April 24, 2020, submittal contains changes to other Mecklenburg LIP-approved rules that are not addressed in this notice. EPA will be acting on those rules in separate actions.
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a hyphen is added between the words Ground and level, and the words will and are are replaced with the words shall or shall be.
2. Rule 2.0402Sulfur Oxides is revised to make minor, clarifying edits to punctuation and wording. In addition, paragraph b is revised to include a reference to 40 CFR part 50, Appendix A1. New language is added to specify that procedures within the Federal Equivalent Method FEM, in addition to 40 CFR part 50, are procedures to which sampling and analysis shall apply. Lastly, this regulation adds three new paragraphs:
c, d, and e. Paragraph c is added to distinguish that the standards listed in paragraphs a1 and 2 shall apply until a year after the initial designations date documented in section 107d of the CAA. Finally, paragraph e specifies that the primary one-hour standard shall be demonstrated in accordance with Appendix T of 40 CFR part 50 in that when the three-year average of the annual of the daily maximum one-hour average concentrations is less than or equal to 75 parts per billion ppb, the standard shall be met at an air monitoring site. These changes more closely align the rule with the SIPapproved state rule at 15A North Carolina Administrative Code NCAC
02D .0402Sulfur Oxides and are consistent with EPAs primary and secondary national ambient air quality standards NAAQS for sulfur oxides specified at 40 CFR 50.5 and 50.17.
3. Rule 2.0403Total Suspended Particulates is revised to make minor clarifying edits to the rule text by adding the word and after paragraph a1, which more closely aligns the rule with the SIP-approved state rule at 15A NCAC 02D .0403Total Suspended Particulates.4
4. Rule 2.0404Carbon Monoxide is revised to make clarifying edits to punctuation and wording, which more closely aligns the rule with the SIPapproved state rule at 15A NCAC 02D
.0404Carbon Monoxide and is consistent with EPAs primary NAAQS
for carbon monoxide specified at 40
CFR 50.8.
5. Rule 2.0405Ozone is revised to make minor clarifying edits to the rule text, such as changing the word is to shall be and to change 8-hour to eight-hour. In addition, this rule is revised to change the ozone ambient air quality standard from 0.08 parts per million ppm to 0.070 ppm and updates 4 Although not shown by underlined text as a change in the January 21, 2016, submission, the addition of the word and was a change, and the only change, that was made to the existing federally approved Rule 2.0403.
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the applicable reference for determining attainment from Appendix I to Appendix U of 40 CFR part 50. These changes more closely align the rule with the SIP-approved state rule at 15A
NCAC 02D .0405Ozone and are consistent with EPAs primary and secondary NAAQS for ozone specified at 40 CFR 50.19.
6. Rule 2.0407Nitrogen Dioxide is revised to incorporate clarifying language in paragraph a to be consistent with the NAAQS, distinguishing that the primary annual ambient air quality standard for nitrogen dioxide NO2 shall be 53 ppb annual average concentration measured in the ambient air as NO2.
This rule is also revised to add a new paragraph b, to be consistent with the NAAQS, setting the primary one-hour ambient air quality standard for oxides of nitrogen to 100 ppb, one-hour average concentration, measured in the ambient air as NO2. A new paragraph c is added to set the secondary ambient air quality standard for NO2 to 0.053 ppm annual arithmetic mean concentration.
The addition of these two new paragraphs shifts the original paragraph b to d. The revised paragraph d contains minor edits to punctuation and includes FEM as one of the methods to which sampling and analysis should comply.
Two additional paragraphs are added to this rule: e and f. Paragraph e establishes that, as determined in accordance with Appendix S of 40 CFR
part 50, attainment of the annual primary standard is achieved when the annual average NO2 concentration in a calendar year is less than or equal to 53
ppb, while paragraph f establishes that the one-hour primary standard is attained when the three-year average of the 98th percentile of the daily maximum one-hour average concentration is less or equal to 100
ppb.
The additions of paragraph e and f result in the original paragraph c being moved to become paragraph g.
Paragraph g is altered to address the secondary NO2 standard by making minor wording changes.
These changes more closely align the rule with the SIP-approved state rule at 15A NCAC 02D .0407Nitrogen Dioxide and are consistent with EPAs primary and secondary NAAQS for oxides of nitrogen with nitrogen dioxide as the indicator specified at 40
CFR 50.11.
7. Rule 2.0408Lead is altered to make minor edits to punctuation and wording for clarification, which more closely aligns the rule with the SIPapproved state rule at 15A NCAC 02D
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