[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3663-3666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01302]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0033; FRL-9278-02-R4]


Air Plan Approval; North Carolina; Mecklenburg: Source Testing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of a State Implementation Plan (SIP) revision to the 
Mecklenburg County portion of the North Carolina SIP, hereinafter 
referred to as the Mecklenburg County Local Implementation Plan (LIP). 
The revision was submitted through the North Carolina Division of Air 
Quality (NCDAQ), on behalf of Mecklenburg County Air Pollution Control 
(MCAQ), via a letter dated April 24, 2020, which was received by EPA on 
June 19, 2020. This SIP revision includes changes to Mecklenburg County 
Air Pollution Control Ordinance (MCAPCO) rules incorporated into the 
LIP regarding performance testing for stationary sources of air 
pollution. EPA is approving these changes pursuant to the Clean Air Act 
(CAA or Act).

DATES: This rule is effective February 24, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0033. 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. 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 
30303-8960. 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 Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, 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. Akers can be 
reached via electronic mail at [email protected] or via telephone at 
(404) 562-9089.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    The Mecklenburg LIP was submitted to EPA on June 14, 1990, and EPA 
approved the plan on May 2, 1991. See 56 FR 20140. Mecklenburg County 
is now requesting that EPA approve changes to the LIP for, among other 
things, general consistency with the North Carolina SIP.\1\ Mecklenburg 
County prepared three submittals in order to update the LIP and reflect 
regulatory and administrative changes that NCDAQ made to the North 
Carolina SIP since EPA's 1991 LIP approval.\2\ The three submittals 
were submitted as follows: NCDAQ transmitted the October 25, 2017, 
submittal to EPA but later 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 notices at the local level, these submittals were withdrawn from 
EPA through the letter dated February 15, 2019. Mecklenburg County 
corrected this error, and NCDAQ submitted the updates to EPA in a 
submittal dated April 24, 2020.
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    \1\ Hereinafter, the terms ``North Carolina SIP'' and ``SIP'' 
refer to the North Carolina regulatory portion of the North Carolina 
SIP (i.e., the portion that contains SIP-approved North Carolina 
regulations).
    \2\ 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 submittals--one dated January 21, 2016; 
one dated October 25, 2017; and one dated January 14, 2019.
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    This final rule modifies the LIP by revising, adding, and removing 
several rules related to the source testing rules, located in MCAPCO 
Article 2.0000, Air Pollution and Control Regulations and Procedures. 
The specific sections addressed in this final rule are Section 2.2600, 
Source Testing, Section 2.0900, Volatile Organic Compounds, and Rule 
2.0501 of Section 2.0500, Compliance with Emission Control 
Standards.\3\ The April 24, 2020, LIP revision first makes minor 
changes to recodify portions of Rules 2.0501 of Section 2.0500 and 
several rules in Section 2.0900. Next, the LIP revision removes Rule 
2.0941, Alternative Method for Leak Testing, from the SIP, which in 
effect removes an alternative test for vapor leaks in gasoline tank 
trucks which is no longer available in Mecklenburg County. In addition, 
other changes modify the LIP by updating or incorporating new 
performance testing requirements, and by making other minor changes to 
language throughout the recodified rules for consistency. See EPA's 
November 26, 2021, notice of proposed rulemaking (NPRM) for further 
detail on these changes and EPA's rationale for approving them. See 86 
FR 67412. EPA did not receive public comments on the November 26, 2021, 
NPRM.
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    \3\ Additionally, EPA notes that NCDAQ did not request EPA 
approval into the LIP of several Section 2.2600 rules, including: 
Rules 2.2616, Fluorides; 2.2618, Mercury; 2.2619, Arsenic, 
Beryllium, Cadmium, Hexavalent Chromium; and 2.2620, Dioxins and 
Furans. Provisions for these pollutants were not previously included 
in the Mecklenburg LIP.
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II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the following 
Mecklenburg County rules, with an effective date of June 1, 2008: Rule 
2.0501, Compliance with Emission Control Standards; \4\ Rule 2.0912, 
General Provisions on Test Methods and Procedures; Rule 2.0943, 
Synthetic Organic Chemical and Polymer Manufacturing; Rule 2.0945, 
Petroleum Dry Cleaning; Rule 2.2602, General Provisions on Test Methods 
and Procedures; \5\ Rule 2.2603, Testing Protocol; Rule 2.2604, Number 
of Test Points; Rule 2.2605, Velocity and Volume Flow Rate; Rule 
2.2606, Molecular Weight; Rule 2.2607, Determination of Moisture 
Content; Rule 2.2608, Number of Runs and Compliance Determination; Rule 
2.2610, Opacity; Rule 2.2612, Nitrogen Oxide Testing Methods; Rule 
2.2613,

[[Page 3664]]

Volatile Organic Compound Testing Methods; Rule 2.2614, Determination 
of VOC Emission Control System Efficiency; and Rule 2.2615, 
Determination of Leak Tightness and Vapor Leaks. EPA is also 
incorporating by reference Rule 2.0901, Definitions, with an effective 
date of January 1, 2009. Also in this document, EPA is finalizing the 
removal of the following Mecklenburg County rules from the Mecklenburg 
portion of the North Carolina State Implementation Plan, which are 
incorporated by reference in accordance with the requirements of 1 CFR 
part 51: Rule 2.0913, Determination of Volatile Content of Surface 
Coatings; Rule 2.0914, Determination of VOC Emission Control System 
Efficiency; Rule 2.0915, Determination of Solvent Metal Cleaning VOC 
Emissions; Rule 2.0916, Determination: VOC Emissions from Bulk Gasoline 
Terminals; Rule 2.0939, Determination of Volatile Organic Compound 
Emissions; Rule 2.0940, Determination of Leak Tightness and Vapor 
Leaks; Rule 2.0941, Alternative Method for Leak Tightness; and Rule 
2.0942, Determination of Solvent in Filter Waste. EPA has made, and 
will continue to make the State Implementation Plan generally available 
at the EPA Region 4 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, the revised materials as stated above, have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\6\
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    \4\ Except for the addition of paragraph 2.0501(e), with an 
effective date of June 1, 2008; and except for changes to remove and 
recodify the prefatory text at 2.0501(c) and for subparagraphs 
(c)(3), (c)(4), (c)(5), (c)(6), (c)10, (c)(15), (c)(16), and 
(c)(18), which will remain unchanged with a state effective date of 
June 14, 1990. Because EPA is acting on other portions of Rule 
2.0501, which includes moving former paragraph (e) to paragraph (c) 
with an effective date of June 1, 2008, there will be two paragraphs 
2.0501(c), with different state effective dates. EPA will consider 
the remaining portions of the June 14, 1990 version of paragraph (c) 
in a separate action.
    \5\ Except for paragraph 2.2602(i), which corresponds to 
existing 2.0501(c)(18) in the LIP.
    \6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the April 24, 2020, SIP revision to revise, add, 
and remove several source testing rules from the LIP, as described 
above. EPA believes these changes are consistent with the CAA, and this 
revision will not impact the national ambient air quality standards or 
interfere with any other applicable requirement of the Act.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This action merely 
approves state law as meeting Federal requirements and does not 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).
    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 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 28, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation byreference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: January 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42.U.S.C. 7401 et seq.

Subpart II--North Carolina

0
2. In Sec.  52.1770, amend the table in paragraph (c)(3) by:
0
a. Removing the entries for ``Section 2.0501,'' ``Section 2.0901,'' and 
``Section 2.0912'' and adding in their place entries for ``Rule 
2.0501,'' ``Rule 2.0901,'' and ``Rule 2.0912,'' respectively;
0
b. Removing the entries for ``Section 2.0913,'' ``Section 2.0914,'' 
``Section 2.0915,'' ``Section 2.0916,'' ``Section 2.0939,'' ``Section 
2.0940,'' ``Section 2.0941,'' and ``Section 2.0942;''

[[Page 3665]]

0
c. Removing the entries for ``Section 2.0943'' and ``Section 2.0945'' 
and adding in their place entries for ``Rule 2.0943'' and ``Rule 
2.0945,'' respectively; and
0
d. Adding, at the end of the table, the heading ``Section 2.2600 Source 
Testing'' and entries for ``Rule 2.2602,'' ``Rule 2.2603,'' ``Rule 
2.2604,'' ``Rule 2.2605,'' ``Rule 2.2606,'' ``Rule 2.2607,'' ``Rule 
2.2608,'' ``Rule 2.2610,'' ``Rule 2.2612,'' ``Rule 2.2613,'' ``Rule 
2.2614,'' and ``Rule 2.2615''.
    The additions read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                 (3) EPA Approved Mecklenburg County Regulations
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                                                        State
       State citation             Title/subject       effective      EPA approval date          Explanation
                                                         date
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                                                  * * * * * * *
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                         Article 2.0000 Air Pollution Control Regulations and Procedures
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                                                  * * * * * * *
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                                    Section 2.0500 Emission Control Standards
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Rule 2.0501................  Compliance With            6/1/2008  1/25/2022, [Insert      Except for the
                              Emission Control                     citation of             addition of paragraph
                              Standards.                           publication].           2.0501(e); and except
                                                                                           for changes to remove
                                                                                           and recodify the
                                                                                           prefatory text at
                                                                                           2.0501(c) and for
                                                                                           subparagraphs (c)(3),
                                                                                           (c)(4), (c)(5),
                                                                                           (c)(6), (c)10,
                                                                                           (c)(15), (c)(16), and
                                                                                           (c)(18), which will
                                                                                           remain unchanged with
                                                                                           a state effective
                                                                                           date of June 14,
                                                                                           1990. Because EPA is
                                                                                           acting on other
                                                                                           portions of Rule
                                                                                           2.0501, which
                                                                                           includes moving
                                                                                           former paragraph (e)
                                                                                           to paragraph (c) with
                                                                                           an effective date of
                                                                                           June 1, 2008, there
                                                                                           are two paragraphs
                                                                                           2.0501(c), with
                                                                                           different state
                                                                                           effective dates.
 
                                                  * * * * * * *
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                                    Section 2.0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Rule 2.0901................  Definitions...........     1/1/2009  1/25/2022, [Insert      ......................
                                                                   citation of
                                                                   publication].
 
                                                  * * * * * * *
Rule 2.0912................  General Provisions on      6/1/2008  1/25/2022, [Insert      ......................
                              Test Methods and                     citation of
                              Procedures.                          publication].
 
                                                  * * * * * * *
Rule 2.0943................  Synthetic Organic          6/1/2008  1/25/2022, [Insert      ......................
                              Chemical and Polymer                 citation of
                              Manufacturing.                       publication].
 
                                                  * * * * * * *
Rule 2.0945................  Petroleum Dry Cleaning     6/1/2008  1/25/2022, [Insert      ......................
                                                                   citation of
                                                                   publication].
 
                                                  * * * * * * *
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                                          Section 2.2600 Source Testing
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Rule 2.2602................  General Provisions on      6/1/2008  1/25/2022, [Insert      Except for paragraph
                              Test Methods and                     citation of             2.2602(i).
                              Procedures.                          publication].
Rule 2.2603................  Testing Protocol......     6/1/2008  1/25/2022, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 2.2604................  Number of Test Points.     6/1/2008  1/25/2022, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 2.2605................  Velocity and Volume        6/1/2008  1/25/2022, [Insert      ......................
                              Flow Rate.                           citation of
                                                                   publication].
Rule 2.2606................  Molecular Weight......     6/1/2008  1/25/2022, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 2.2607................  Determination of           6/1/2008  1/25/2022, [Insert      ......................
                              Moisture Content.                    citation of
                                                                   publication].
Rule 2.2608................  Number of Runs and         6/1/2008  1/25/2022, [Insert      ......................
                              Compliance                           citation of
                              Determination.                       publication].

[[Page 3666]]

 
Rule 2.2610................  Opacity...............     6/1/2008  1/25/2022, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 2.2612................  Nitrogen Oxide Testing     6/1/2008  1/25/2022, [Insert      ......................
                              Methods.                             citation of
                                                                   publication].
Rule 2.2613................  Volatile Organic           6/1/2008  1/25/2022, [Insert      ......................
                              Compound Testing                     citation of
                              Methods.                             publication].
Rule 2.2614................  Determination of VOC       6/1/2008  1/25/2022, [Insert      ......................
                              Emission Control                     citation of
                              System Efficiency.                   publication].
Rule 2.2615................  Determination of Leak      6/1/2008  1/25/2022, [Insert      ......................
                              Tightness and Vapor                  citation of
                              Leaks.                               publication].
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[FR Doc. 2022-01302 Filed 1-24-22; 8:45 am]
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