Federal Register - September 28, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations 3 EPA-APPROVED MECKLENBURG COUNTY REGULATIONSContinued State effective date
State citation
Title/subject
Rule 2.0304
Preplanned Abatement Program
12/18/2018
Rule 2.0305
Emission Level.
12/15/2015
Reduction
Plan:
FR Doc. 202120008 Filed 92721; 8:45 am BILLING CODE 656050P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
EPAR04OAR20210322; FRL887402
R4
Air Quality Designations; NC:
Redesignation of the Brunswick County 2010 Sulfur Dioxide Unclassifiable Area Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:
The Environmental Protection Agency EPA is approving a submission by the State of North Carolina, through the Department of Air Quality DAQ, received on April 23, 2021, to redesignate the Brunswick County, North Carolina, unclassifiable area hereinafter referred to as the Brunswick County Area or Area to attainment/unclassifiable for the 2010 1hour primary sulfur dioxide SO2
national ambient air quality standard hereinafter referred to as the 2010 1hour SO2 NAAQS. Because EPA now has sufficient information to determine that the Brunswick County Area is attaining the 2010 1-hour SO2 NAAQS, the Agency is approving the States request to redesignate the Area from unclassifiable to attainment/
unclassifiable for the 2010 1-hour SO2
NAAQS.
SUMMARY:
DATES:
This rule is effective October 28,
2021.
EPA has established a docket for this action under Docket Identification No. EPAR04OAR
20210322. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute.
ADDRESSES:
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EPA approval date 9/28/2021, Insert citation of publication.
9/28/2021, Insert citation of publication.
Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 303038960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Offices official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Evan Adams, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 303038960.
Mr. Adams can be reached by telephone at 404 5629009 or via electronic mail at adams.evan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background The Clean Air Act CAA or Act establishes a process for air quality management through the establishment and implementation of the NAAQS. On June 2, 2010, EPA revised the primary SO2 NAAQS, establishing a new 1-hour SO2 standard of 75 parts per billion ppb. See 75 FR 35520 June 22, 2010.1
After the promulgation of a new or revised NAAQS, EPA is required to designate all areas of the country pursuant to section 107d12 of the CAA. For the 2010 1-hour SO2 NAAQS, designations were based on EPAs application of the nationwide analytical approach to, and technical assessment of, the weight of evidence for each area, including but not limited to available air 1 On February 25, 2019 effective April 17, 2019, EPA issued a decision to retain the existing NAAQS
for SO2. See 84 FR 9866 March 18, 2019.
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Explanation
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quality monitoring data and air quality modeling results.
EPA completed the first set of initial area designations for the 2010 1-hour SO2 NAAQS in 2013 Round 1.
Pursuant to a March 2, 2015, consent decree and court-ordered schedule,2
EPA finalized a second set of initial area designations for the 2010 1-hour SO2
NAAQS in 2016 also called, Round 2. For the Round 2 designations, after review of all available information at that time of Round 2 designations, including modeling provided by the State, EPA was unable to determine whether the Brunswick County Area met the definition of a nonattainment area or the definition of an attainment area.3 As a result, EPA designated the entire Brunswick County Area, based on modeling of the Capital Power Incorporated CPI Southport Cape Fear facility, as unclassifiable, which was published in the Federal Register on July 12, 2016.4 CPI Southport, located on the coast of southeastern North Carolina in the southeastern portion of Brunswick County, was an electric power generation plant with two 2 See Sierra Club et al. v. McCarthy, Civil Action No. 3:13cv3953SI N.D. Cal. and 79 FR 31325
June 2, 2014.
3 EPAs March 20, 2015, guidance specified the designation category definitions to be used in the Round 2 designations. Specifically, EPA defined a nonattainment area as an area that EPA has determined violates the 2010 1-hour SO2 NAAQS
based on the most recent three years of qualityassured, certified ambient air quality monitoring data or an appropriate modeling analysis, or that EPA has determined contributes to a violation in a nearby area; and defined an attainment area as an area that EPA has determined meets the 2010 1hour SO2 NAAQS and does not contribute to a violation of the NAAQS in a nearby area based on either: a The most recent three years of ambient air quality monitoring data from a monitoring network in an area that is sufficient to be compared to the NAAQS, or b an appropriate modeling analysis.
4 See 81 FR 45039 July 12, 2016, effective September 12, 2016 codified at 40 CFR 81.334.
Detailed rationale, analyses, and other information supporting EPAs original Round 2 designation including all supporting materials for the Brunswick County Area, including the technical support document TSD, can be found on EPAs SO2 designations website at https www.epa.gov/
sulfur-dioxide-designations/epa-completes-secondround-sulfur-dioxide-designations.
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