[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Rules and Regulations]
[Pages 68411-68413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26141]



[[Page 68411]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0354; FRL-8958-02-R4]


Air Plan Approval; North Carolina; Mecklenburg Air Quality Permit 
Rules Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision to the Mecklenburg County portion of 
the North Carolina SIP, hereinafter referred to as the Mecklenburg 
Local Implementation Plan (LIP). The revision was submitted by the 
State of North Carolina, through the North Carolina Division of Air 
Quality (NCDAQ), on behalf of Mecklenburg County Air Quality (MCAQ) via 
a letter dated April 24, 2020, and was received by EPA on June 19, 
2020. The revision updates several Mecklenburg County Air Pollution 
Control Ordinance (MCAPCO) rules incorporated into the LIP and adds 
several rules. EPA is approving these changes pursuant to the Clean Air 
Act (CAA or Act).

DATES: This rule is effective January 3, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0354. 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: 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. The telephone number is (404) 
562-9009. Mr. Adams can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    In a notice of proposed rulemaking (NPRM) published on September 
17, 2021 (86 FR 51848), EPA proposed to approve changes to several 
rules in the Mecklenburg County LIP. The April 24, 2020, submittal 
includes changes and updates to the following rules to more closely 
align them with their analog SIP-approved North Carolina 
regulations.\1\ The January 21, 2016, changes from MCAQ include updates 
to MCAPCO Rule 1.5214--Commencement of Operation; and the January 14, 
2019, changes from MCAQ include updates to MCAPCO Rules 1.5212--
Applications; 1.5213--Action on Application; Issuance of Permit; 
1.5215--Application Processing Schedule; 1.5219--Retention of Permit at 
Permitted Facility; 1.5221--Permitting of Numerous Similar Facilities; 
1.5222--Permitting of Facilities at Multiple Temporary Sites; and 
1.5232--Issuance, Revocation, and Enforcement of Permits.\2\ 
Additionally, the January 14, 2019, portion of the revision requests 
approval of MCAPCO Rules 1.5217--Confidential Information; 1.5218--
Compliance Schedule for Previously Exempted Activities; and 1.5220--
Applicability Determinations.\3\ The submittal also asks EPA to 
reincorporate the following rules into the LIP with a new effective 
date: MCAPCO Rules 1.5301, Special Enforcement Procedures; 1.5302, 
Criminal Penalties; 1.5303, Civil Injunction; 1.5304, Civil Penalties; 
1.5306, Hearings; 1.5307, Judicial Review; 2.0301, Purpose; and 2.0305, 
Emission Reduction Plant: Alert Level. The text of these rules has not 
changed.
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    \1\ EPA notes that the April 24, 2020, submittal was received by 
EPA on June 19, 2020.
    \2\ The April 24, 2020, revision contains changes to other 
Mecklenburg LIP-approved rules that are not addressed in this 
notice. EPA will be acting on those rules in separate actions.
    \3\ MCAPCO Rules 1.5217--Confidential Information; 1.5218--
Compliance Schedule for Previously Exempted Activities; and 1.5220--
Applicability Determinations were erroneously included in the table 
at 40 CFR 52.1770(c).
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    The September 17, 2021, NPRM provides detail regarding the 
background and rationale for EPA's action. Comments were due on or 
before October 18, 2021, and EPA received three comment submittals. Two 
submittals are from one individual (hereinafter the ``Commenter''), are 
similar in nature, and are addressed below. The third submittal simply 
thanked EPA. These comments are available in the docket for this 
action.
    Comment: The Commenter is disappointed that the majority of the 
MCAPCO rules have not been updated by EPA, NCDAQ, or MCAQ since 2003 
and notes that recent discoveries have been made regarding the 
detrimental effects of air pollution in urban areas such as Mecklenburg 
County. The Commenter is pleased that changes are being made to the 
MCAPCO rules and states that continuously reviewing and updating air 
pollution regulations in Mecklenburg County is vital to the public 
health and wellbeing of local residents.
    Response: EPA does not have the authority to modify Mecklenburg 
County's air quality rules. However, the County has updated a number of 
its MCAPCO rules since 2003 and submitted many of these updates to EPA 
for incorporation into the LIP through the State's April 24, 2020 SIP 
revision. In this rulemaking, EPA is acting solely to incorporate the 
rules identified earlier in this section and discussed in the NPRM. The 
Agency will address the remainder of the rules contained in the SIP 
revision in separate actions.
    The CAA establishes a system of cooperative federalism that sets 
specific roles for EPA and the states. In this system, EPA provides 
national leadership and sets national standards for environmental 
protection such as the National Ambient Air Quality Standards 
(NAAQS).\4\ Pursuant to CAA sections 108 and 109, EPA must thoroughly 
review each NAAQS every five years to account for the latest scientific 
knowledge regarding the effects of the air pollutant on public health 
and welfare.\5\ EPA solicits public comment as part of each five-year 
review and invites the Commenter to share recent scientific discoveries 
regarding air pollution during those comment periods.
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    \4\ See https://www.epa.gov/criteria-air-pollutants/naaqs-table 
for information regarding the current NAAQS.
    \5\ See https://www.epa.gov/criteria-air-pollutants/process-reviewing-national-ambient-air-quality-standards for information 
regarding EPA's five-year NAAQS review process.
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    While EPA sets the NAAQS, states play a primary role in 
implementation. Under CAA section 110, states have broad discretion to 
choose the mix of emission limitations and other control measures, 
means, or techniques that they will implement (or update) through

[[Page 68412]]

a SIP to provide for attainment and maintenance of the NAAQS. EPA's 
role, with respect to a SIP revision, is focused on reviewing the 
submission to determine whether it meets the minimum criteria of the 
CAA. Where it does, EPA must approve the submission. When approving a 
SIP revision, the Agency is not establishing its own requirements for 
the state to implement. If, at any time, EPA finds that a SIP is 
inadequate to attain or maintain the relevant NAAQS or otherwise does 
not comply with the CAA, EPA has the authority under CAA section 
110(k)(5) to require the state to revise its SIP to correct such 
inadequacies.
    EPA agrees that air pollution is detrimental to human health and 
welfare and appreciates the Commenter's support for this action.

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 MCAPCO Rule 
1.5214--Commencement of Operation, which has an effective date of 
December 15, 2015; and Rules 1.5212--Applications; 1.5213--Action on 
Application; Issuance of Permit; 1.5215--Application Processing 
Schedule; 1.5217--Confidential Information; 1.5218--Compliance Schedule 
for Previously Exempted Activities; 1.5219--Retention of Permit at 
Permitted Facility; 1.5220--Applicability Determinations; 1.5221--
Permitting of Numerous Similar Facilities; 1.5222--Permitting of 
Facilities at Multiple Temporary Sites; and 1.5232--Issuance, 
Revocation, and Enforcement of Permits, all of which have an effective 
date of December 18, 2018, into the Mecklenburg County portion of the 
North Carolina SIP.
    EPA has made and will continue to make these materials generally 
available through www.regulations.gov and 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, 
these materials 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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    \6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is finalizing approval of changes to LIP-approved MCAPCO Rules 
1.5212--Applications; 1.5213--Action on Application; Issuance of 
Permit; 1.5214--Commencement of Operation; 1.5215--Application 
Processing Schedule; 1.5219--Retention of Permit at Permitted Facility; 
1.5221--Permitting of Numerous Similar Facilities; 1.5222--Permitting 
of Facilities at Multiple Temporary Sites; and 1.5232--Issuance, 
Revocation, and Enforcement of Permits. Additionally, EPA is proposing 
to approve MCAPCO Rules 1.5217--Confidential Information; 1.5218--
Compliance Schedule for Previously Exempted Activities; and 1.5220--
Applicability Determinations into the LIP. EPA is taking final action 
to approve these changes to the LIP because they are consistent with 
the CAA.

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 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 January 31, 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 by reference, Intergovernmental relations, Lead,

[[Page 68413]]

Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 26, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, 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(c)(3), the table is amended by removing the entries 
for ``Section 1.5212,'' ``Section 1.5213,'' ``Section 1.5214,'' 
``Section 1.5215,'' ``Section 1.5217,'' ``Section 1.5218,'' ``Section 
1.5219,'' ``Section 1.5220,'' ``Section 1.5221,'' ``Section 1.5222,'' 
and ``Section 1.5232'' and adding in their place entries for ``Rule 
1.5212,'' ``Rule 1.5213,'' ``Rule 1.5214,'' ``Rule 1.5215,'' ``Rule 
1.5217,'' ``Rule 1.5218,'' ``Rule 1.5219,'' ``Rule 1.5220,'' ``Rule 
1.5221,'' ``Rule 1.5222,'' and ``Rule 1.5232'' to 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 date     EPA approval date       Explanation
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  Article 1.0000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain
                                    Sources, Title V and Toxic Air Pollutants
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                                                  * * * * * * *
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                                       Section 1.5200 Air Quality Permits
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                                                  * * * * * * *
Rule 1.5212..................  Applications............      12/18/2018  12/2/2021, [Insert       ..............
                                                                          citation of
                                                                          publication].
Rule 1.5213..................  Action on Application;        12/18/2018  12/2/2021, [Insert       ..............
                                Issuance of Permit.                       citation of
                                                                          publication].
Rule 1.5214..................  Commencement of               12/15/2015  12/2/2021, [Insert       ..............
                                Operation.                                citation of
                                                                          publication].
Rule 1.5215..................  Application Processing        12/18/2018  12/2/2021, [Insert       ..............
                                Schedule.                                 citation of
                                                                          publication].
Rule 1.5217..................  Confidential Information      12/18/2018  12/2/2021, [Insert       ..............
                                                                          citation of
                                                                          publication].
Rule 1.5218..................  Compliance Schedule for       12/18/2018  12/2/2021, [Insert       ..............
                                Previously Exempted                       citation of
                                Activities.                               publication].
Rule 1.5219..................  Retention of Permit at        12/18/2018  12/2/2021, [Insert       ..............
                                Permitted Facility.                       citation of
                                                                          publication].
Rule 1.5220..................  Applicability                 12/18/2018  12/2/2021, [Insert       ..............
                                Determination.                            citation of
                                                                          publication].
Rule 1.5221..................  Permitting of Numerous        12/18/2018  12/2/2021, [Insert       ..............
                                Similar Facilities.                       citation of
                                                                          publication].
Rule 1.5222..................  Permitting of Facilities      12/18/2018  12/2/2021, [Insert       ..............
                                at Multiple Temporary                     citation of
                                Sites.                                    publication].
 
                                                  * * * * * * *
Rule 1.5232..................  Issuance, Revocation,         12/18/2018  12/2/2021, [Insert       ..............
                                and Enforcement of                        citation of
                                Permits.                                  publication].
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[FR Doc. 2021-26141 Filed 12-1-21; 8:45 am]
BILLING CODE 6560-50-P


