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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
electric generating units EGUs that were permitted to combust a variety of solid fuels, including coal, woody biomass fuels, and tire derived fuel. The unclassifiable area included all six townships Lockwood Folly Township, Northwest Township, Shallotte Township, Smithville Township, Town Creek Township, Waccamaw Township within the jurisdictional boundary of Brunswick County.
To address EPAs 2015 Data Requirements Rule DRR,5 DAQ
decided to characterize the air quality in the vicinity of the CPI Southport 6
facility by installing an air quality monitor Southport DRR monitor; AQS
ID: 370190005 in the area of maximum concentration for the facility.7 North Carolina began collecting monitoring data on January 1, 2017.8
On April 23, 2021, North Carolina submitted a letter to EPA requesting that the entirety of Brunswick County be redesignated to attainment/
unclassifiable based on the newly available monitoring information, which demonstrates attainment of the 2010 1hour SO2 NAAQS. To evaluate North Carolinas redesignation request, EPA
considered the design value for the air quality monitor in Brunswick County by 5 Data Requirements Rule for the 2010 1-Hour Sulfur Dioxide SO2 Primary National Ambient Air Quality Standard NAAQS, Final Rule, 80 FR
51052, August 21, 2015 https www.govinfo.gov/
content/pkg/FR-2015-08-21/pdf/2015-20367.pdf, which required states to undertake air quality characterization for areas with SO2 sources meeting certain criteria. Specifically, the DRR required state air agencies to provide additional monitoring or modeling information to characterize air quality in areas associated with sources meeting certain criteria or that have otherwise been listed under the DRR by EPA or state air agencies, or to instead impose federally enforceable emission limitations on those sources restricting their annual SO2
emissions to less than 2,000 tons per year, or provide documentation that the sources have been shut down, by specified dates. The information generated by implementation of the DRR informed EPAs designations.
6 CPI Southport was subject to EPAs 2015 Data Requirements Rule DRR for the 2010 SO2 1-hour NAAQS. See https www.epa.gov/sites/production/
files/2016-06/documents/nc.pdf for North Carolinas letter and DRR source list, dated January 15, 2016.
7 The Southport DRR monitor is located at the site of maximum concentration based on modeling following the procedures in EPAs February 2016
SO2 Monitoring TADs, SO2 NAAQS Designations Source-Oriented Monitoring Technical Assistance Document and 40 CFR parts 50 and 58. More details on the analyses used to support the monitor placement are contained in the States 2016 annual monitoring annual network plan located in the docket for this final action.
8 In accordance with the DRR, 40 CFR part 51, subpart BB, through a letter dated June 30, 2016, North Carolina notified EPA that the State chose to characterize peak 1-hour SO2 concentrations for CPI
through air quality monitoring. See https
www.epa.gov/sites/production/files/2016-07/
documents/north_carolina_source_
characterization.pdf.

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assessing the most recent three consecutive years i.e., 20182020 of quality-assured, certified ambient air quality data in the EPA Air Quality System AQS using data from the Southport DRR monitor that was sited and operated in accordance with 40 CFR
parts 50 and 58.9 As noted previously, the 2010 1-hour SO2 NAAQS is met when the design value is 75 ppb or less.
The most recent three years of ambient SO2 monitoring data available shows that the Area is attaining the 2010 1hour SO2 NAAQS with a design value of 54 ppb for the period 20182020.10
Additionally, on March 31, 2020, the CPI Southport facility ceased operation, and the DAQ rescinded the facilitys operating permit effective April 1, 2021.11
After reviewing North Carolinas redesignation request under CAA
section 107d3D and all available information, EPA is now approving North Carolinas request to redesignate the Brunswick County Area from unclassifiable to attainment/
unclassifiable for the 2010 1-hour SO2
NAAQS based on a valid ambient SO2
design value that adequately characterizes the SO2 air quality in the Brunswick County Area and demonstrates attainment of the 1-hour SO2 standard.
In a notice of proposed rulemaking NPRM published on July 2, 2021 86
FR 35254, EPA proposed to redesignate to attainment/unclassifiable the Brunswick County Area in its entirety.
As discussed in the NPRM, this final action is based on the currently available monitoring data described in that NPRM that demonstrate attainment of the 2010 1-hour SO2 NAAQS. The 30day public comment period for the NPRM closed on August 16, 2021. EPA
did not receive any comments on the proposed redesignation of Brunswick County, North Carolina. The details of North Carolinas redesignation request and the rationale for EPAs actions are further explained in the NPRM.
9 Procedures for using monitored air quality data to determine whether a violation has occurred are provided in 40 CFR part 50, appendix T.
10 North Carolina early certified the Southport monitor 20182020 air quality data in AQS on January 13, 2021. See Table 2 in North Carolinas April 23, 2021, redesignation request.
11 The DAQs April 1, 2021 letter rescinding Air Quality Permit No. 05884T21 and the January 20, 2021, certified letter from Mr. Frank Hayward, General Manager, CPI USA North Carolina, LLC
Southport Plant to Mr. Brad Newland, P.E., Regional Air Quality Supervisor, Wilmington Regional Office, NC Division of Air Quality, requesting permit rescission are located in the docket for this final action.

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III. Final Action EPA is approving North Carolinas April 23, 2021, request to redesignate the Brunswick County Area from unclassifiable to attainment/
unclassifiable for the 2010 1-hour SO2
NAAQS. The final action is based on the currently available monitoring data for the Brunswick County Area that demonstrate attainment of the 2010 1hour SO2 NAAQS. This approval of the redesignation request changes the legal designation, found at 40 CFR part 81, of Brunswick County from unclassifiable to attainment/unclassifiable for the 2010
1-hour SO2 NAAQS.
IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment/unclassifiable is an action that affects the status of a geographical area and does not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment/
unclassifiable does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Accordingly, this action merely redesignates an area to attainment/unclassifiable and does not impose additional requirements. For that reason, this 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;
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. 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of Section 12d of the National
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