[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Rules and Regulations]
[Pages 60551-60554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21646]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0867; FRL-9377-02-R4]


Air Plan Approval; North Carolina; Prevention of Significant 
Deterioration for Mecklenburg County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
portion 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 Quality (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 Prevention of Significant Deterioration (PSD) permitting to 
address changes to the Federal new source review (NSR) regulations in 
recent years. EPA is approving these changes pursuant to the Clean Air 
Act (CAA or Act).

DATES: This rule is effective November 7, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0867. 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, Region 4, U.S. Environmental Protection Agency, 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 of Mecklenburg LIP

    The Mecklenburg LIP was submitted to EPA on June 14, 1990, and EPA 
approved the plan on May 2, 1991. See 56 FR 20140. EPA is now approving 
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 
submitted the January 21, 2016, and January 14, 2019, updates. Each of 
these submittals were properly noticed to the public in compliance with 
40 CFR 51.102.
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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 updating the PSD program rules 
incorporated into the LIP in Rule 2.0530, Prevention of Significant 
Deterioration, and by adding into the LIP Rule 2.0544, Prevention of 
Significant Deterioration Requirements for Greenhouse Gases.

II. Updates to the Mecklenburg PSD Program

    MCAQ adopts the Federal PSD provisions of 40 CFR 51.166 with 
several changes, consistent with the State of North Carolina's PSD 
rules.\3\

[[Page 60552]]

MCAPCO Rule 2.0530 adopts certain provisions of the version of 40 CFR 
51.166 effective on July 1, 2014, with certain revisions described in 
this document, and Rule 2.0544 adopts certain provisions of the version 
of the Federal rule effective on July 20, 2011, with certain revisions 
described in this document.
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    \3\ See, e.g., 76 FR 49313 (August 10, 2011); 76 FR 64240 
(October 18, 2011); 81 FR 63107 (September 14, 2016); 83 FR 45827 
(September 11, 2018); 84 FR 38876 (August 8, 2019); and 85 FR 57707 
(September 16, 2020).
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    MCAQ's April 24, 2020, LIP revision addresses changes EPA made to 
the PSD program via ``NSR reform'' through the December 31, 2002, final 
rule (67 FR 80186), with revisions per the November 7, 2003, final rule 
(68 FR 63021), the June 13, 2007, final rule (72 FR 32526), and the 
December 21, 2007, final rule (72 FR 72607).4 5 The LIP 
revision also includes provisions for implementation of the 1997 8-hour 
ozone National Ambient Air Quality Standards (NAAQS) as promulgated in 
the November 29, 2005, final rule (70 FR 71612).
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    \4\ As noted in the August 24, 2022, notice of proposed 
rulemaking (NPRM) (87 FR 51946), this action does not include 
approval into the LIP of the October 27, 2003, final rule revisions 
referred to as the ``Equipment Replacement Provision Rule'' (68 FR 
61248) to 40 CFR 51.166(b)(2)(iii)(a), the incorporation by 
reference of 40 CFR 51.166(b)(53) through (56), nor the 
incorporation by reference of 40 CFR 51.166(y). These provisions 
were in the Federal rule as of July 1, 2014, but were previously 
vacated by the D.C. Circuit. New York v. EPA, 443 F.3d 880 (D.C. 
Cir. 2006). On September 27, 2022, MCAQ provided further 
clarification to EPA that these provisions are not part of the 
Mecklenburg PSD program, are not implemented locally, and are not 
requested for approval into the Mecklenburg LIP. This letter is 
included in the docket for this rulemaking.
    \5\ As noted in the August 24, 2022, NPRM, this action does not 
include approval into the LIP of the December 19, 2008, final rule 
revisions referred to as the ``Fugitive Emissions Rule'' (73 FR 
77882) to 40 CFR 51.166(b)(2)(v) and (b)(3)(iii)(d). These 
provisions remain in the Federal rule as of July 1, 2014, and to 
present day; however, these provisions are indefinitely stayed by 
EPA and therefore not effective. See 76 FR 17553 (March 30, 2011). 
On September 27, 2022, MCAQ provided further clarification to EPA 
that these provisions are not part of the Mecklenburg PSD program, 
are not implemented locally, and are not requested for approval into 
the Mecklenburg LIP. This letter is included in the docket for this 
rulemaking.
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    The April 24, 2020, LIP revision also includes the regulation of 
fine particulate matter (particulate matter with and aerodynamic 
diameter of 2.5 microns or less, ``PM2.5'') and its 
precursors through the May 16, 2008, final rule (73 FR 28321), with 
revisions per the October 20, 2010, final rule (75 FR 64863), the May 
18, 2011, final rule (76 FR 28646), the October 25, 2012, final rule 
(77 FR 65107), and the December 9, 2013, final rule (78 FR 73698).
    Next, this revision also conforms the MCAPCO rules to changes to 
EPA regulations reflected in EPA's 2007 Ethanol Rule. See 72 FR 24060 
(May 1, 2007). EPA included technical analysis in separate technical 
support documents (TSD) included in the docket for this rulemaking 
specific to the incorporation of the 2007 Ethanol Rule. See the TSD and 
the August 24, 2022, NPRM for further detail on the LIP revision 
related to incorporation of the 2007 Ethanol Rule provisions and EPA's 
rationale for approval. Finally, the April 24, 2020, LIP revision 
includes the provisions necessary to implement PSD for greenhouse gases 
through the June 3, 2010, final rule (75 FR 31514).6 7 See 
the August 24, 2022, NPRM for additional details and rationale for 
EPA's action. EPA received one comment that is not relevant to this 
action. The comment is available in the docket for this action.
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    \6\ The July 20, 2011, incorporation by reference date at Rule 
2.0544(o) does not include the regulation of ``GHG-only'' sources in 
accordance with the June 3, 2010, final rule, however, because 
language within Rule 2.0544(a) states that only sources already 
subject to PSD for another ``regulated NSR pollutant'' are regulated 
for the purposes of GHGs. This is consistent with current Federal 
regulations per the August 19, 2015, final rule (80 FR 50199).
    \7\ MCAQ submitted a letter on February 4, 2022, through NCDAQ, 
clarifying its intent for EPA not to adopt the since-vacated text of 
the July 20, 2011, Biomass Deferral Rule (76 FR 43490) previously 
codified at 40 CFR 51.166(b)(48)(ii)(a). Specifically, the February 
4, 2022, letter withdraws this portion of the adoption of PSD 
provisions from the April 24, 2020, submittal.
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III. 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, and as discussed in Sections I and II of this preamble, EPA is 
finalizing the incorporation by reference the following Mecklenburg 
County Rules: 2.0530, Prevention of Significant Deterioration, 
effective on October 17, 2017; \8\ and 2.0544, Prevention of 
Significant Deterioration Requirements for Greenhouse Gases, effective 
on December 15, 2015.\9\ 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 State implementation plan, 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.\10\
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    \8\ This action does incorporate by reference into the LIP the 
Equipment Replacement Rule and Fugitive Emissions Rule contained in 
40 CFR 51.166(b)(2)(iii)(a), (b)(2)(v), (b)(3)(iii)(d), (b)(53) 
through (56), and (y) as those CFR provisions existed on July 1, 
2014. See footnotes 4 and 5 for more details.
    \9\ This action does incorporate by reference into the LIP the 
Biomass Deferral Rule contained in the second sentence 40 CFR 
51.166(b)(48)(ii)(a) as that CFR provision existed on July 20, 2011. 
See footnotes 6 and 7 for more details.
    \10\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the aforementioned changes to the Mecklenburg 
County LIP. Specifically, EPA is incorporating updates to PSD 
permitting provisions in Rule 2.0530, Prevention of Significant 
Deterioration, with the exception of those provisions described in 
footnote 8, and is incorporating new Rule 2.0544, Prevention of 
Significant Deterioration Requirements for Greenhouse Gases, with the 
exception of those provisions described in footnote 9. With these 
changes and additions, the local regulations will now be consistent 
with the State's current SIP-approved PSD program and Federal PSD 
rules. Therefore, EPA is approving the April 24, 2020, LIP revision 
changes to Mecklenburg County's PSD permitting program, pursuant to the 
Act and EPA's implementing regulations.

V. 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:

[[Page 60553]]

     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 December 5, 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, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 30, 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 entry for ``Section 2.0530'' and adding in its place an 
entry for ``Rule 2.0530;'' and
0
b. Adding an entry for ``Rule 2.0544'' in numerical order.
    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 date   EPA approval date       Explanation
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                                                  * * * * * * *
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                                    Section 2.0500 Emission Control Standards
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Rule 2.0530......................  Prevention of            10/17/2017  10/6/2022, [Insert   Except for the
                                    Significant                          citation of          incorporation by
                                    Deterioration.                       publication].        reference of 40
                                                                                              CFR
                                                                                              51.166(b)(2)(iii)(
                                                                                              a), which is
                                                                                              instead
                                                                                              incorporated by
                                                                                              reference as of
                                                                                              July 1, 1988.
                                                                                             Except for the
                                                                                              incorporation by
                                                                                              reference of 40
                                                                                              CFR
                                                                                              51.166(b)(2)(v),
                                                                                              (b)(3)(iii)(d),
                                                                                              (b)(53) through
                                                                                              (56), and (y).
 

[[Page 60554]]

 
                                                  * * * * * * *
Rule 2.0544......................  Prevention of            12/15/2015  10/6/2022, [Insert   Except for the
                                    Significant                          citation of          Biomass Deferral
                                    Deterioration                        publication].        Rule language
                                    Requirements for                                          contained in the
                                    Greenhouse Gases.                                         second sentence of
                                                                                              40 CFR
                                                                                              51.166(b)(48)(ii)(
                                                                                              a).
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[FR Doc. 2022-21646 Filed 10-5-22; 8:45 am]
BILLING CODE 6560-50-P


