Air Quality Designations; NC: Redesignation of the Brunswick County 2010 Sulfur Dioxide Unclassifiable Area, 35254-35257 [2021-14179]
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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules
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impose additional requirements beyond
those imposed by state law. 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. 104–4);
• 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 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; 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, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to 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 rule 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
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Dated: June 28, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021–14152 Filed 7–1–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R04–OAR–2021–0322; FRL–10025–
78–Region 4]
Air Quality Designations; NC:
Redesignation of the Brunswick
County 2010 Sulfur Dioxide
Unclassifiable Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
submission by the State of North
Carolina, through the Department of Air
Quality (DAQ), 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
1-hour primary sulfur dioxide (SO2)
national ambient air quality standard
(hereinafter referred to as the ‘‘2010 SO2
1-hour NAAQS’’). Because EPA now has
sufficient information to determine that
the Brunswick County Area is attaining
the 2010 1-hour SO2 national ambient
air quality standards (NAAQS), the
Agency is proposing to approve the
State’s redesignation request, thereby
redesignating the Area from
unclassifiable to attainment/
unclassifiable for the 2010 1-hour SO2
NAAQS.
SUMMARY:
Comments must be received on
or before August 2, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2021–0322 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
DATES:
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not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
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 30303–8960.
Mr. Adams can be reached by telephone
at (404) 562–9009 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 107(d)(1)–(2) of the
CAA. For the 2010 1-hour SO2 NAAQS,
designations were based on EPA’s
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
quality monitoring data and air quality
modeling results. In advance of
designating the Brunswick County Area,
EPA issued updated designations
guidance through a March 20, 2015,
memorandum from Stephen D. Page,
Director, U.S. EPA, Office of Air Quality
Planning and Standards, to Regional Air
Division Directors, U.S. EPA Regions
1–10, titled ‘‘Updated Guidance for Area
Designations for the 2010 Primary
Sulfur Dioxide National Ambient Air
Quality Standard.’’ This document
contains the factors that EPA evaluated
in determining the appropriate
designations and associated boundaries
when designating the Brunswick County
Area, including: (1) Air quality
characterization via ambient monitoring
or dispersion modeling results; (2)
emissions-related data; (3) meteorology;
(4) geography and topography; and (5)
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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jurisdictional boundaries.2 3 The
guidance also referenced EPA’s nonbinding Monitoring Technical
Assistance Document (Monitoring
TAD) 4 and Modeling Technical
Assistance Document (Modeling TAD),5
which contain scientifically sound
recommendations on how air agencies
should conduct such monitoring or
modeling.
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,6
EPA finalized a second set of initial area
designations for the 2010 1-hour SO2
NAAQS in 2016 (Round 2). The March
2, 2015, consent decree identified the
following emissions criteria such that
EPA must designate, in Round 2, an area
surrounding any stationary source
which had: (a) Annual emissions in
2012 exceeding 16,000 tons of SO2, or
(b) both an annual average emissions
rate of at least 0.45 pounds of SO2 per
one million British thermal units,
according to EPA’s Clean Air Markets
Division Database, and annual
emissions of at least 2,600 tons of SO2
in 2012. North Carolina had one source,
the Capital Power Incorporated (CPI)
Southport Cape Fear facility in
Brunswick County, that met these
Round 2 criteria.
EPA evaluated the Brunswick County
Area, using the five factors identified
previously, during the Round 2
designations. This evaluation is
discussed further in Section III of this
notice. The CPI Southport facility,
located on the coast of southeastern
North Carolina in the southeastern
portion of Brunswick County, was an
2 The 2015 memorandum is available at https://
www.epa.gov/sites/production/files/2016-04/
documents/20150320so2designations.pdf.
3 This designation guidance has since been
supplemented by a July 22, 2016, designation
guidance memorandum from Stephen D. Page,
Director, U.S. EPA, Office of Air Quality Planning
and Standards, to Regional Air Division Directors,
U.S. EPA Regions 1–10. The 2016 memorandum is
available at https://www.epa.gov/sites/production/
files/2016-07/documents/areadesign.pdf.
4 The version of the EPA’s ‘‘SO NAAQS
2
Designations Source-Oriented Monitoring Technical
Assistance Document’’ (Monitoring TAD) available
at the time of the Round 2 designations action was
released in December 2013. The current version of
the Monitoring TAD was released in February 2016
and superseded the version released in December
2013.
5 ‘‘Sulfur Dioxide (SO ) National Ambient Air
2
Quality Standards Designations Modeling Technical
Assistance Document,’’ August 2016 draft, available
at https://www.epa.gov/sites/production/files/201606/documents/so2modelingtad.pdf. EPA released
earlier drafts of this document in May 2013 and
February 2016.
6 See Sierra Club et. al. v. McCarthy, Civil Action
No. 3:13–cv–3953–SI (N.D. Cal.) and 79 FR 31325
(June 2, 2014).
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electric power generation plant with
two electric generating units (EGUs) that
were permitted to combust a variety of
solid fuels, including coal, woody
biomass fuels, and tire derived fuel. CPI
was included in the list of facilities to
be designated pursuant to the March 2,
2015, Consent Decree.7
EPA’s 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 quality-assured,
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 1-hour 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 per EPA interpretations in the
Monitoring TAD, or (b) an appropriate
modeling analysis.
As discussed further in Section III of
this notice, EPA was unable to
determine whether the Brunswick
County Area met the definition of a
nonattainment area or the definition of
an attainment area based on the
available information at the time of the
Round 2 designations. As a result, EPA
designated the Brunswick County Area
as unclassifiable in the Round 2
designations published on July 12,
2016.8 The Area includes all six
townships (Lockwood Folly Township,
Northwest Township, Shallotte
Township, Smithville Township, Town
Creek Township, Waccamaw Township)
within the jurisdictional boundary of
7 CPI Southport was also subject to EPA’s 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 Carolina’s letter and DRR source list, dated
January 15, 2016. EPA separately promulgated the
DRR 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
EPA’s designations.
8 See 81 FR 45039 (July 12, 2016, effective
September 12, 2016) codified at 40 CFR 81.334.
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Brunswick County. Detailed rationale,
analyses, and other information
supporting EPA’s original Round 2
designation for this Area can be found
in the Round 2 designation’s technical
support document (TSD) for North
Carolina. All supporting materials for
the original 2010 1-hour SO2 NAAQS
designation for the Brunswick County
Area, including the TSD, can be found
on EPA’s SO2 designations website.9
After reviewing North Carolina’s
redesignation request under CAA
section 107(d)(3)(D) and all available
information, EPA is proposing to
redesignate the Brunswick County Area
from unclassifiable to attainment/
unclassifiable for the 2010 1-hour SO2
standard based on a valid ambient SO2
design value that adequately
characterizes the SO2 air quality in the
Brunswick County Area. See Sections II
and III below for more information on
the criteria to redesignate unclassifiable
SO2 areas and the rationale for this
proposed action.
II. What are the criteria for
redesignating an area from
unclassifiable to attainment/
unclassifiable?
Section 107(d)(3)(A) of the CAA
provides that the Administrator may
notify the Governor of any state that the
designation of an area should be revised
‘‘on the basis of air quality data,
planning and control considerations, or
any other air quality-related
considerations the Administrator deems
appropriate.’’ 10 The Act further
provides in section 107(d)(3)(D) that
even if the Administrator has not
notified a state Governor that a
designation should be revised, the
Governor of any state may, on the
Governor’s own motion, submit a
request to revise the designation of any
area, and the Administrator must
approve or deny the request. In keeping
with CAA section 107(d)(3)(A), areas
that are redesignated to attainment/
unclassifiable 11 must meet the
9 EPA’s SO designations website can be found at
2
https://www.epa.gov/sulfur-dioxide-designations/
epa-completes-second-round-sulfur-dioxidedesignations.
10 While CAA section 107(d)(3)(E) also lists
specific requirements for redesignations, those
requirements only apply to redesignations of
nonattainment areas to attainment and, therefore,
are not applicable in the context of a redesignation
of an area from unclassifiable to attainment/
unclassifiable.
11 Historically, EPA has designated most areas
that do not meet the definition of nonattainment as
‘‘unclassifiable/attainment.’’ EPA has reversed the
order of the label to be ‘‘attainment/unclassifiable’’
to better convey the definition of the designation
category and so that the category is more easily
distinguished from the separate unclassifiable
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requirements for attainment areas and,
thus, must meet the relevant NAAQS. In
addition, the area must not contribute to
ambient air quality in a nearby area that
does not meet the NAAQS. See the
definitions for nonattainment area,
attainment area, and unclassifiable area
in CAA section 107(d)(1)(A)(i)–(iii).
In its designations under the 2010 1hour SO2 NAAQS, EPA has generally
defined an attainment/unclassifiable
area as an area that, based on available
information including (but not limited
to) appropriate monitoring data and/or
modeling analyses, EPA has determined
meets the NAAQS and determined that
the available information indicates that
the area does not likely contribute to
ambient air quality in a nearby area that
does not meet the NAAQS. EPA is
proposing to find that the Brunswick
County Area now meets the definition
of attainment/unclassifiable based upon
a 3-year certified and complete design
value of air quality monitoring data that
demonstrates attainment, i.e., no
violations of the 2010 1-hour SO2
NAAQS, and the fact that sources in
Brunswick County are not contributing
to a nearby area that is violating the
NAAQS. EPA preliminarily finds this
information sufficient for the purposes
of redesignating an area from
unclassifiable to attainment/
unclassifiable. Such redesignations are
functionally similar to initial
designations and are not subject to CAA
section 107(d)(3)(E), which, amongst
other things, requires attainment to be
due to permanent and enforceable
measures and which requires a
demonstration that the area will
maintain the NAAQS for 10 years. For
the Brunswick County Area, DEQ
submitted a request to redesignate the
area from unclassifiable to attainment/
unclassifiable on April 23, 2021.12
III. What is EPA’s rationale for
proposing to redesignate the area?
The Brunswick County Area includes
the CPI Southport facility, which met
the Round 2 criteria as discussed in
Section I of this document, and thus,
EPA was required to designate the Area
in 2016, under the March 2, 2015, courtordered schedule. After review of all
available information at that time,
including modeling provided by the
State, EPA was unable to determine the
Area’s attainment status, and therefore,
designated Brunswick County in its
entirety as unclassifiable in Round 2 of
designations for the 2010 1-hour SO2
primary NAAQS on July 12, 2016. EPA’s
rationale for the unclassifiable
designation is fully explained in the
final Round 2 designations TSD.13 For
Brunswick County, DAQ selected the
monitoring pathway for purposes of air
quality characterization pursuant to
EPA’s SO2 Data Requirements Rule
(DRR) (80 FR 51052, August 21, 2015).14
Pursuant to requirements under the DRR
to characterize the air quality in the area
around CPI Southport, North Carolina
installed an SO2 monitor in the area of
maximum concentration for the CPI
Southport facility (in accordance with
EPA’s Monitoring TAD and 40 CFR
parts 50 and 58) and began collecting
data on January 1, 2017.15
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
Carolina’s redesignation request, EPA
considered the design value for the air
quality monitor in Brunswick County by
assessing the most recent three
consecutive years (i.e., 2018–2020) of
quality-assured, certified ambient air
quality data in the EPA Air Quality
System (AQS) using data from a monitor
that was sited and operated in
accordance with 40 CFR parts 50 and
58. Procedures for using monitored air
quality data to determine whether a
violation has occurred are provided in
40 CFR part 50 Appendix T, as revised
in the 2010 1-hour SO2 NAAQS
rulemaking. As noted previously, the
2010 1-hour SO2 NAAQS is met when
the design value is 75 ppb or less. Table
1, below, contains the most recent three
years of ambient SO2 monitoring data
available and shows that the Area is
attaining the 2010 1-hour SO2 NAAQS
with a design value of 54 ppb for the
period 2018–2020.16
TABLE 1—2010 SO2 NAAQS MONITORING DATA FOR THE BRUNSWICK COUNTY AREA
AQS ID
Monitor site
2018 99th
percentile
(ppb)
2019 99th
percentile
(ppb)
2020 99th
percentile
(ppb)
2018–2020
design value
(ppb)
370190005 ..............................................
Southport ................................................
55 *
60
46
54
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* Brunswick County SO2 monitoring measurements for the third quarter (July, August, and September) of 2018 did not meet the data completeness requirement of 75% data capture. However, a valid design value for 2018 to 2020 was obtained using the data substitution procedures
in 40 CFR part 50, Appendix T, Section 3(c)(ii)(B).
Additionally, on March 31, 2020, the
CPI Southport facility ceased operation,
and the DAQ rescinded the facility’s
operating permit effective April 1,
2021.17 After reviewing North Carolina’s
request under CAA section 107(d)(3)(D)
and all available information, EPA is
proposing to find that the three years of
monitored ambient SO2 data from 2018–
2020 adequately characterize the SO2 air
quality in Brunswick County and
demonstrate attainment of the 2010
1-hour SO2 NAAQS in the Area.
Additionally, there is no evidence of
monitored or modeled violations in the
category. See 83 FR 1098 (January 9, 2018) and 83
FR 25776 (June 4, 2018). EPA reserves the
‘‘attainment’’ category for when EPA redesignates a
nonattainment area that has attained the relevant
NAAQS and has an approved maintenance plan.
12 This redesignation request is included in the
docket for this proposed action.
13 The final Round 2 designations TSD can be
found at https://www.epa.gov/sites/production/
files/2016-07/documents/r4_nc_final_designation_
tsd_06302016.pdf.
14 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). 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.
15 The monitor is located at the site of maximum
concentration based on modeling following the
procedures in EPA SO2 Monitoring TADs. More
details on the analyses used to support the monitor
placement are contained in the state’s 2016 annual
monitoring annual network plan located in the
docket for this proposed action.
16 North Carolina early certified the Southport
monitor 2018–2020 air quality data in AQS on
January 13, 2021. See Table 2 in North Carolina’s
April 23, 2021, redesignation request.
17 The DAQ’s 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 recission are located in the
docket for this proposed action.
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surrounding counties such that the
source is contributing to any nearby area
that does not meet the NAAQS. EPA is
therefore proposing to approve North
Carolina’s redesignation request and
redesignate the Brunswick County Area
from unclassifiable to attainment/
unclassifiable based on the currently
available information that demonstrates
attainment of the 2010 1-hour SO2
NAAQS.
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IV. Proposed Action
EPA is proposing to approve North
Carolina’s April 23, 2021, request to
redesignate the Brunswick County Area
from unclassifiable to attainment/
unclassifiable for the 2010 1-hour SO2
NAAQS. As discussed in prior sections,
this proposed action is based on the
currently available monitoring data for
the Brunswick County Area that
demonstrate attainment of the 2010 1hour SO2 primary NAAQS. If finalized,
approval of the redesignation request
would change the legal designation for
this Area, found at 40 CFR part 81, from
unclassifiable to attainment/
unclassifiable for the 2010 1-hour SO2
primary NAAQS.
V. 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 create any new
requirements. Accordingly, this
proposed action merely proposes to
redesignate an area to attainment/
unclassifiable and does not impose
additional requirements. For that
reason, this proposed 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. 104–4);
• Does not have Federalism
implications as specified in Executive
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19:39 Jul 01, 2021
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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 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
This proposed 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, this proposed action does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 28, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021–14179 Filed 7–1–21; 8:45 am]
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RIN 1400–AE60
Department of State Acquisition
Regulation; Access to Contractor
Records
Department of State.
Proposed rule.
AGENCY:
ACTION:
The Department of State
(DOS) is proposing an amendment to
the Department of State Acquisition
Regulation (DOSAR), to add a new
contract clause relating to Department
requests for examination of contractor
records.
SUMMARY:
The Department of State will
accept comments on this proposed rule
until August 31, 2021.
ADDRESSES: You may submit comments
by any of the following methods:
DATES:
PO 00000
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35257
• E-mail: Grayad@state.gov. You
must include the RIN in the subject line
of your message.
• Mail (paper or CD–ROM
submissions): Ms. Annette Gray, Policy
Division, Office of the Procurement
Executive, A/OPE, 2201 C Street NW,
Suite 3200, State Annex Number 15,
Washington, DC 20520.
• Persons with access to the internet
may view this interim rule and submit
comments by visiting: https://
www.regulations.gov, and searching for
docket number DOS–2021–0007.
FOR FURTHER INFORMATION CONTACT: Ms.
Tandra Jones, Office of the Procurement
Executive, A/OPE, 1735 North Lynn
Street, Room 442, Arlington, VA 22209.
Telephone 703–875–6643.
SUPPLEMENTARY INFORMATION: The
Department proposes to add 48 CFR part
615, section 615.209–70, Examination
of Records, and 48 CFR part 652, section
652.209–70, Examination of Records, to
the Department of State Acquisition
Regulation (DOSAR).
What is the authority for this proposed
rule?
Title 41 of the U.S. Code, section
4706, provides that the head of an
executive agency, acting through an
authorized representative, may, for the
purpose of evaluating the accuracy,
completeness, and currency of certified
cost or pricing data required to be
submitted pursuant to 41 U.S.C. chapter
35 with respect to a contract or
subcontract, examine all records of the
contractor or subcontractor related to:
(A) The proposal for the contract or
subcontract;
(B) the discussions conducted on the
proposal;
(C) pricing of the contract or
subcontract; or
(D) performance of the contract or
subcontract.
The Federal Acquisition Regulation
(FAR), 48 CFR 15.209(b), Solicitation
provisions and contract clauses, states
(in summary) that, when contracting by
negotiation, except as provided in
section 15.209(b)(2),1 the contracting
officer shall insert the clause at section
52.215–2, Audit and RecordsNegotiation, in solicitations and
contracts except those for: (1)
Acquisitions not exceeding the
simplified acquisition threshold; (2) The
acquisition of utility services at rates not
exceeding those established to apply
uniformly to the general public, plus
any applicable reasonable connection
1 Paragraph (b)(2) relates to contracts using funds
appropriated or otherwise made available by the
American Recovery and Reinvestment Act of 2009
(Pub. L. 111–5).
E:\FR\FM\02JYP1.SGM
02JYP1
Agencies
[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Proposed Rules]
[Pages 35254-35257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14179]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R04-OAR-2021-0322; FRL-10025-78-Region 4]
Air Quality Designations; NC: Redesignation of the Brunswick
County 2010 Sulfur Dioxide Unclassifiable Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a submission by the State of North Carolina, through the
Department of Air Quality (DAQ), 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 1-hour primary sulfur dioxide
(SO2) national ambient air quality standard (hereinafter
referred to as the ``2010 SO2 1-hour NAAQS''). Because EPA
now has sufficient information to determine that the Brunswick County
Area is attaining the 2010 1-hour SO2 national ambient air
quality standards (NAAQS), the Agency is proposing to approve the
State's redesignation request, thereby redesignating the Area from
unclassifiable to attainment/unclassifiable for the 2010 1-hour
SO2 NAAQS.
DATES: Comments must be received on or before August 2, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0322 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
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 30303-8960. Mr. Adams can be reached by
telephone at (404) 562-9009 or via electronic mail at
[email protected].
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 107(d)(1)-(2) of the CAA.
For the 2010 1-hour SO2 NAAQS, designations were based on
EPA's 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 quality monitoring data and
air quality modeling results. In advance of designating the Brunswick
County Area, EPA issued updated designations guidance through a March
20, 2015, memorandum from Stephen D. Page, Director, U.S. EPA, Office
of Air Quality Planning and Standards, to Regional Air Division
Directors, U.S. EPA Regions 1-10, titled ``Updated Guidance for Area
Designations for the 2010 Primary Sulfur Dioxide National Ambient Air
Quality Standard.'' This document contains the factors that EPA
evaluated in determining the appropriate designations and associated
boundaries when designating the Brunswick County Area, including: (1)
Air quality characterization via ambient monitoring or dispersion
modeling results; (2) emissions-related data; (3) meteorology; (4)
geography and topography; and (5)
[[Page 35255]]
jurisdictional boundaries.2 3 The guidance also referenced
EPA's non-binding Monitoring Technical Assistance Document (Monitoring
TAD) \4\ and Modeling Technical Assistance Document (Modeling TAD),\5\
which contain scientifically sound recommendations on how air agencies
should conduct such monitoring or modeling.
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\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).
\2\ The 2015 memorandum is available at https://www.epa.gov/sites/production/files/2016-04/documents/20150320so2designations.pdf.
\3\ This designation guidance has since been supplemented by a
July 22, 2016, designation guidance memorandum from Stephen D. Page,
Director, U.S. EPA, Office of Air Quality Planning and Standards, to
Regional Air Division Directors, U.S. EPA Regions 1-10. The 2016
memorandum is available at https://www.epa.gov/sites/production/files/2016-07/documents/areadesign.pdf.
\4\ The version of the EPA's ``SO2 NAAQS Designations
Source-Oriented Monitoring Technical Assistance Document''
(Monitoring TAD) available at the time of the Round 2 designations
action was released in December 2013. The current version of the
Monitoring TAD was released in February 2016 and superseded the
version released in December 2013.
\5\ ``Sulfur Dioxide (SO2) National Ambient Air
Quality Standards Designations Modeling Technical Assistance
Document,'' August 2016 draft, available at https://www.epa.gov/sites/production/files/2016-06/documents/so2modelingtad.pdf. EPA
released earlier drafts of this document in May 2013 and February
2016.
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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,\6\ EPA finalized a
second set of initial area designations for the 2010 1-hour
SO2 NAAQS in 2016 (Round 2). The March 2, 2015, consent
decree identified the following emissions criteria such that EPA must
designate, in Round 2, an area surrounding any stationary source which
had: (a) Annual emissions in 2012 exceeding 16,000 tons of
SO2, or (b) both an annual average emissions rate of at
least 0.45 pounds of SO2 per one million British thermal
units, according to EPA's Clean Air Markets Division Database, and
annual emissions of at least 2,600 tons of SO2 in 2012.
North Carolina had one source, the Capital Power Incorporated (CPI)
Southport Cape Fear facility in Brunswick County, that met these Round
2 criteria.
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\6\ See Sierra Club et. al. v. McCarthy, Civil Action No. 3:13-
cv-3953-SI (N.D. Cal.) and 79 FR 31325 (June 2, 2014).
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EPA evaluated the Brunswick County Area, using the five factors
identified previously, during the Round 2 designations. This evaluation
is discussed further in Section III of this notice. The CPI Southport
facility, located on the coast of southeastern North Carolina in the
southeastern portion of Brunswick County, was an electric power
generation plant with two electric generating units (EGUs) that were
permitted to combust a variety of solid fuels, including coal, woody
biomass fuels, and tire derived fuel. CPI was included in the list of
facilities to be designated pursuant to the March 2, 2015, Consent
Decree.\7\
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\7\ CPI Southport was also subject to EPA's 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 Carolina's letter and DRR source list, dated
January 15, 2016. EPA separately promulgated the DRR 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 EPA's designations.
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EPA's 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 quality-assured, 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
1-hour 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 per EPA
interpretations in the Monitoring TAD, or (b) an appropriate modeling
analysis.
As discussed further in Section III of this notice, EPA was unable
to determine whether the Brunswick County Area met the definition of a
nonattainment area or the definition of an attainment area based on the
available information at the time of the Round 2 designations. As a
result, EPA designated the Brunswick County Area as unclassifiable in
the Round 2 designations published on July 12, 2016.\8\ The Area
includes all six townships (Lockwood Folly Township, Northwest
Township, Shallotte Township, Smithville Township, Town Creek Township,
Waccamaw Township) within the jurisdictional boundary of Brunswick
County. Detailed rationale, analyses, and other information supporting
EPA's original Round 2 designation for this Area can be found in the
Round 2 designation's technical support document (TSD) for North
Carolina. All supporting materials for the original 2010 1-hour
SO2 NAAQS designation for the Brunswick County Area,
including the TSD, can be found on EPA's SO2 designations
website.\9\
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\8\ See 81 FR 45039 (July 12, 2016, effective September 12,
2016) codified at 40 CFR 81.334.
\9\ EPA's SO2 designations website can be found at
https://www.epa.gov/sulfur-dioxide-designations/epa-completes-second-round-sulfur-dioxide-designations.
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After reviewing North Carolina's redesignation request under CAA
section 107(d)(3)(D) and all available information, EPA is proposing to
redesignate the Brunswick County Area from unclassifiable to
attainment/unclassifiable for the 2010 1-hour SO2 standard
based on a valid ambient SO2 design value that adequately
characterizes the SO2 air quality in the Brunswick County
Area. See Sections II and III below for more information on the
criteria to redesignate unclassifiable SO2 areas and the
rationale for this proposed action.
II. What are the criteria for redesignating an area from unclassifiable
to attainment/unclassifiable?
Section 107(d)(3)(A) of the CAA provides that the Administrator may
notify the Governor of any state that the designation of an area should
be revised ``on the basis of air quality data, planning and control
considerations, or any other air quality-related considerations the
Administrator deems appropriate.'' \10\ The Act further provides in
section 107(d)(3)(D) that even if the Administrator has not notified a
state Governor that a designation should be revised, the Governor of
any state may, on the Governor's own motion, submit a request to revise
the designation of any area, and the Administrator must approve or deny
the request. In keeping with CAA section 107(d)(3)(A), areas that are
redesignated to attainment/unclassifiable \11\ must meet the
[[Page 35256]]
requirements for attainment areas and, thus, must meet the relevant
NAAQS. In addition, the area must not contribute to ambient air quality
in a nearby area that does not meet the NAAQS. See the definitions for
nonattainment area, attainment area, and unclassifiable area in CAA
section 107(d)(1)(A)(i)-(iii).
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\10\ While CAA section 107(d)(3)(E) also lists specific
requirements for redesignations, those requirements only apply to
redesignations of nonattainment areas to attainment and, therefore,
are not applicable in the context of a redesignation of an area from
unclassifiable to attainment/unclassifiable.
\11\ Historically, EPA has designated most areas that do not
meet the definition of nonattainment as ``unclassifiable/
attainment.'' EPA has reversed the order of the label to be
``attainment/unclassifiable'' to better convey the definition of the
designation category and so that the category is more easily
distinguished from the separate unclassifiable category. See 83 FR
1098 (January 9, 2018) and 83 FR 25776 (June 4, 2018). EPA reserves
the ``attainment'' category for when EPA redesignates a
nonattainment area that has attained the relevant NAAQS and has an
approved maintenance plan.
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In its designations under the 2010 1-hour SO2 NAAQS, EPA
has generally defined an attainment/unclassifiable area as an area
that, based on available information including (but not limited to)
appropriate monitoring data and/or modeling analyses, EPA has
determined meets the NAAQS and determined that the available
information indicates that the area does not likely contribute to
ambient air quality in a nearby area that does not meet the NAAQS. EPA
is proposing to find that the Brunswick County Area now meets the
definition of attainment/unclassifiable based upon a 3-year certified
and complete design value of air quality monitoring data that
demonstrates attainment, i.e., no violations of the 2010 1-hour
SO2 NAAQS, and the fact that sources in Brunswick County are
not contributing to a nearby area that is violating the NAAQS. EPA
preliminarily finds this information sufficient for the purposes of
redesignating an area from unclassifiable to attainment/unclassifiable.
Such redesignations are functionally similar to initial designations
and are not subject to CAA section 107(d)(3)(E), which, amongst other
things, requires attainment to be due to permanent and enforceable
measures and which requires a demonstration that the area will maintain
the NAAQS for 10 years. For the Brunswick County Area, DEQ submitted a
request to redesignate the area from unclassifiable to attainment/
unclassifiable on April 23, 2021.\12\
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\12\ This redesignation request is included in the docket for
this proposed action.
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III. What is EPA's rationale for proposing to redesignate the area?
The Brunswick County Area includes the CPI Southport facility,
which met the Round 2 criteria as discussed in Section I of this
document, and thus, EPA was required to designate the Area in 2016,
under the March 2, 2015, court-ordered schedule. After review of all
available information at that time, including modeling provided by the
State, EPA was unable to determine the Area's attainment status, and
therefore, designated Brunswick County in its entirety as
unclassifiable in Round 2 of designations for the 2010 1-hour
SO2 primary NAAQS on July 12, 2016. EPA's rationale for the
unclassifiable designation is fully explained in the final Round 2
designations TSD.\13\ For Brunswick County, DAQ selected the monitoring
pathway for purposes of air quality characterization pursuant to EPA's
SO2 Data Requirements Rule (DRR) (80 FR 51052, August 21,
2015).\14\ Pursuant to requirements under the DRR to characterize the
air quality in the area around CPI Southport, North Carolina installed
an SO2 monitor in the area of maximum concentration for the
CPI Southport facility (in accordance with EPA's Monitoring TAD and 40
CFR parts 50 and 58) and began collecting data on January 1, 2017.\15\
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\13\ The final Round 2 designations TSD can be found at https://www.epa.gov/sites/production/files/2016-07/documents/r4_nc_final_designation_tsd_06302016.pdf.
\14\ 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). 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.
\15\ The monitor is located at the site of maximum concentration
based on modeling following the procedures in EPA SO2
Monitoring TADs. More details on the analyses used to support the
monitor placement are contained in the state's 2016 annual
monitoring annual network plan located in the docket for this
proposed action.
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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 1-hour
SO2 NAAQS. To evaluate North Carolina's redesignation
request, EPA considered the design value for the air quality monitor in
Brunswick County by assessing the most recent three consecutive years
(i.e., 2018-2020) of quality-assured, certified ambient air quality
data in the EPA Air Quality System (AQS) using data from a monitor that
was sited and operated in accordance with 40 CFR parts 50 and 58.
Procedures for using monitored air quality data to determine whether a
violation has occurred are provided in 40 CFR part 50 Appendix T, as
revised in the 2010 1-hour SO2 NAAQS rulemaking. As noted
previously, the 2010 1-hour SO2 NAAQS is met when the design
value is 75 ppb or less. Table 1, below, contains the most recent three
years of ambient SO2 monitoring data available and shows
that the Area is attaining the 2010 1-hour SO2 NAAQS with a
design value of 54 ppb for the period 2018-2020.\16\
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\16\ North Carolina early certified the Southport monitor 2018-
2020 air quality data in AQS on January 13, 2021. See Table 2 in
North Carolina's April 23, 2021, redesignation request.
Table 1--2010 SO2 NAAQS Monitoring Data for the Brunswick County Area
----------------------------------------------------------------------------------------------------------------
2018 99th 2019 99th 2020 99th 2018-2020
AQS ID Monitor site percentile percentile percentile design value
(ppb) (ppb) (ppb) (ppb)
----------------------------------------------------------------------------------------------------------------
370190005....................... Southport.......... 55 * 60 46 54
----------------------------------------------------------------------------------------------------------------
* Brunswick County SO2 monitoring measurements for the third quarter (July, August, and September) of 2018 did
not meet the data completeness requirement of 75% data capture. However, a valid design value for 2018 to 2020
was obtained using the data substitution procedures in 40 CFR part 50, Appendix T, Section 3(c)(ii)(B).
Additionally, on March 31, 2020, the CPI Southport facility ceased
operation, and the DAQ rescinded the facility's operating permit
effective April 1, 2021.\17\ After reviewing North Carolina's request
under CAA section 107(d)(3)(D) and all available information, EPA is
proposing to find that the three years of monitored ambient
SO2 data from 2018-2020 adequately characterize the
SO2 air quality in Brunswick County and demonstrate
attainment of the 2010 1-hour SO2 NAAQS in the Area.
Additionally, there is no evidence of monitored or modeled violations
in the
[[Page 35257]]
surrounding counties such that the source is contributing to any nearby
area that does not meet the NAAQS. EPA is therefore proposing to
approve North Carolina's redesignation request and redesignate the
Brunswick County Area from unclassifiable to attainment/unclassifiable
based on the currently available information that demonstrates
attainment of the 2010 1-hour SO2 NAAQS.
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\17\ The DAQ's 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 recission are located in the docket for this
proposed action.
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IV. Proposed Action
EPA is proposing to approve North Carolina's April 23, 2021,
request to redesignate the Brunswick County Area from unclassifiable to
attainment/unclassifiable for the 2010 1-hour SO2 NAAQS. As
discussed in prior sections, this proposed action is based on the
currently available monitoring data for the Brunswick County Area that
demonstrate attainment of the 2010 1-hour SO2 primary NAAQS.
If finalized, approval of the redesignation request would change the
legal designation for this Area, found at 40 CFR part 81, from
unclassifiable to attainment/unclassifiable for the 2010 1-hour
SO2 primary NAAQS.
V. 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 create any new requirements.
Accordingly, this proposed action merely proposes to redesignate an
area to attainment/unclassifiable and does not impose additional
requirements. For that reason, this proposed 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. 104-4);
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 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
This proposed 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, this
proposed action does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 28, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-14179 Filed 7-1-21; 8:45 am]
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