Air Plan Approval; North Carolina: Revisions to Annual Emissions Reporting, 11867-11869 [2021-04065]
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
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D. Christopher Evans,
Acting Administrator.
[FR Doc. 2021–04242 Filed 2–26–21; 8:45 am]
BILLING CODE 4410–09–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0613; FRL–10019–
20–Region 4]
Air Plan Approval; North Carolina:
Revisions to Annual Emissions
Reporting
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of North
Carolina, through the North Carolina
Department of Environmental Quality,
Division of Air Quality (DAQ), on July
10, 2019. The SIP revision modifies the
State’s annual emissions reporting
regulation by removing the annual
emissions reporting requirement for
certain non-Title V facilities in
geographic areas that have been
redesignated to attainment for the 1979
1-hour ozone national ambient air
quality standards (‘‘NAAQS’’ or
‘‘standards’’) and in the areas listed in
the rule that have been redesignated to
attainment for the 1997 8-hour ozone
NAAQS, with the exception of the
geographic areas that have been
redesignated to attainment for the 2008
8-hour ozone NAAQS. The SIP revision
also makes minor changes that do not
significantly alter the meaning of the
regulation. EPA is approving this
revision pursuant to the Clean Air Act
(CAA or Act).
DATES: This rule is effective March 31,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0613. 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 can
either be retrieved electronically via
SUMMARY:
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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:
Tiereny Bell, 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. The telephone number is
(404) 562–9088. Ms. Bell can also be
reached via electronic mail at
bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In 1979, EPA promulgated a NAAQS
for ozone, setting the standard at 0.12
parts per million (ppm) averaged over a
1-hour time frame. See 44 FR 8202
(February 8, 1979). In 1997, EPA
promulgated a revised NAAQS for
ozone, setting the standard at 0.08 ppm
averaged over an 8-hour time frame. See
62 FR 38856 (July 18, 1997).1 In 2008,
EPA revised the level of the 8-hour
ozone standard to 0.075 ppm. See 73 FR
16436 (March 27, 2008).2 The
promulgation of a new or revised
NAAQS triggers a CAA requirement for
EPA to designate as nonattainment any
area that violates the NAAQS or
contributes to a violation in a nearby
area. On November 6, 1991, EPA
published designations and
classifications for the 1979 1-hour ozone
NAAQS.3 See 56 FR 56694. EPA initially
published designations and
classifications for the revised 1997 8hour and revised 2008 8-hour ozone
standards on April 30, 2004 (69 FR
23858) and May 21, 2012 (77 FR 30088),
1 EPA has revoked the 1979 and 1997 ozone
standards. See 69 FR 23951 (April 30, 2004) and 80
FR 12264 (March 6, 2015), respectively.
2 EPA revised the level of the 8-hour ozone
standard to 0.070 ppm in 2015 and designated the
entire state as attainment/unclassifiable for that
NAAQS in 2017. See 80 FR 65296 (October 22,
2015) and 82 FR 54232 (November 16, 2017).
3 EPA designated the following geographic areas
in North Carolina as nonattainment for the 1979
ozone standard: Davidson, Durham, Forsyth,
Gaston, Guilford, Mecklenburg, and Wake Counties,
the Dutchville Township in Granville County, and
that part of Davie County bounded by the Yadkin
River, Dutchmans Creek, North Carolina Highway
801, Fulton Creek and back to the Yadkin River.
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11867
respectively. The geographic areas
designated as nonattainment in North
Carolina for the 1997 8-hour ozone
standard included the CharlotteGastonia-Rock Hill, NC-SC Area (the
North Carolina portion is hereinafter the
‘‘1997 Charlotte Area’’).4 The geographic
areas designated as nonattainment in
North Carolina for the 2008 ozone
standard are part of an area known as
the Charlotte-Rock Hill, NC-SC Area
(the North Carolina portion is
hereinafter the ‘‘2008 Charlotte Area’’).5
EPA redesignated North Carolina’s 1979
ozone nonattainment areas to
attainment in a series of actions from
1993 to 1995,6 redesignated the 1997
Charlotte Area to attainment on
December 2, 2013 (78 FR 72036), and
redesignated the 2008 Charlotte Area to
attainment on July 28, 2015 (80 FR
44873).
North Carolina was required to
develop nonattainment SIP revisions
addressing the CAA requirements for its
ozone nonattainment areas. Among
other things, North Carolina was
required to address the annual
emissions reporting requirement in CAA
section 182(a)(3)(B), which requires
each state with an ozone nonattainment
area to submit a SIP revision requiring
stationary sources that emit 25 tons per
year (tpy) or more of nitrogen oxides
(NOX) or volatile organic compounds
(VOC) within the nonattainment area to
provide certified annual emissions
statements to the state showing actual
annual NOX and VOC emissions from
the sources.
4 The geographic areas designated as
nonattainment in North Carolina for the 1997 ozone
standard included all geographic areas designated
as nonattainment for the 1979 ozone standard as
well as additional areas. The 1997 Charlotte Area
consists of Cabarrus, Gaston, Lincoln, Mecklenburg,
Rowan, and Union Counties and Davidson
Township and Coddle Creek Township in Iredell
County.
5 The 2008 Charlotte Area is a subset of the 1997
Charlotte Area and consists of Central Cabarrus
Township, Concord Township, Georgeville
Township, Harrisburg Township, Kannapolis
Township, Midland Township, Mount Pleasant
Township, New Gilead Township, Odell Township,
Poplar Tent Township, and Rimertown Township
in Cabarrus County; Crowders Mountain Township,
Dallas Township, Gastonia Township, Riverbend
Township, and South Point Township in Gaston
County; Davidson Township and Coddle Creek
Township in Iredell County; Catawba Springs
Township, Ironton Township, and Lincolnton
Township in Lincoln County; Atwell Township,
China Grove Township, Franklin Township, Gold
Hill Township, Litaker Township, Locke Township,
Providence Township, Salisbury Township, Steele
Township, and Unity Township in Rowan County;
and Goose Creek Township, Marshville Township,
Monroe Township, Sandy Ridge Township, and
Vance Township in Union County.
6 See 58 FR 47391 (November 9, 1993), 59 FR
18300 (April 18, 1994), and 60 FR 34859 (July 5,
1995).
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
On August 1, 1997 (62 FR 41277),
EPA approved the State’s annual
emissions reporting requirement at 15A
NCAC Subchapter 02Q Section
.0207,7 Annual Emissions Reporting,
into the North Carolina SIP for the
geographic areas designated as
nonattainment for the 1979 ozone
NAAQS.8 On January 31, 2008, North
Carolina submitted a SIP revision
adding the 1997 Charlotte Area to its
annual emissions reporting requirement
as a result of EPA’s nonattainment
designations for the 1997 8-hour ozone
standard.9 On April 24, 2012 (77 FR
24382), EPA approved that SIP revision
and added the 1997 Charlotte Area to
the annual emissions reporting
requirement in the North Carolina SIP to
meet the requirements of CAA section
182(a)(3)(B).
Paragraph (c) of Section .0207 lists the
geographic areas in North Carolina
where owners or operators of certain
non-title V facilities with actual
emissions of 25 tpy or more of NOX or
VOC are required to report by June 30th
of each year the actual emissions of NOX
and VOC during the previous year.
Paragraph (d) identifies the date that the
annual reporting requirement in
paragraph (c) shall begin.
II. Analysis of State’s Submission
EPA is approving North Carolina’s
July 10, 2019 SIP revision which
amends the emissions reporting
requirement at 15A NCAC Subchapter
02Q Section .0207, Annual Emissions
Reporting. Specifically, the revision
removes the annual emissions reporting
requirement for certain non-Title V
facilities in geographic areas that have
been redesignated to attainment for the
1979 1-hour ozone NAAQS and in the
redesignated 1997 Charlotte Area, while
retaining the requirement for the
redesignated 2008 Charlotte Area.
Additionally, the revision updates the
calendar year that the emissions
reporting requirement begins from 2007
to 2017 in paragraph (d) and makes
several minor editorial changes to the
rule.
In a notice of proposed rulemaking
(NPRM) published on October 27, 2020
(85 FR 68026), EPA proposed to approve
North Carolina’s SIP revision. The
October 27, 2020, NPRM provides
7 In the table of North Carolina regulations
federally approved into the SIP at 40 CFR
52.1770(c), 15A NCAC Subchapter 02Q is referred
to as ‘‘Subchapter 2Q Air Quality Permits.’’
8 Section .0207 also contains an annual reporting
requirement at paragraph (a) for owners and
operators of title V facilities in the State.
9 The SIP revision added Cabarrus, Lincoln,
Rowan, and Union Counties and Davidson
Township and Coddle Creek Township in Iredell
County to the emissions reporting requirement.
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additional detail regarding the SIP
revision and rationale for EPA’s action.
Comments on the October 27, 2020,
NPRM were due on or before November
27, 2020.
III. Response to Comments
EPA received one comment on the
October 27, 2020, NPRM. A summary of
the comment and EPA’s response is
provided below. The full comment is in
the docket for this rulemaking.
Comment: The Commenter
recommends that EPA freeze its actions
until the Biden administration has the
authority to promulgate rules and
regulations. The Commenter then states
that ‘‘Leaving clean air and water to the
states can be a mistake unless it is
California which leads in regulatory
emissions.’’
Response: The majority of the
comment is beyond the scope of EPA’s
action on North Carolina’s July 10, 2019
SIP submittal. With respect to this
action, Section 110(k) of the CAA
requires EPA to approve SIP submittals
that meet all applicable CAA
requirements and to do so within
specific timeframes. EPA is approving
the State’s submittal because the Agency
has concluded that the submittal meets
CAA requirements and the Commenter
did not provide any information
indicating otherwise. Furthermore, the
statutory deadline to act on this
submittal is January 10, 2021, prior to
the change in presidential
administration. EPA’s statutory
obligation to act on SIP submittals is not
tolled due to a pending change in
administration.
IV. 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 15A NCAC Subchapter
02Q Section .0207, Annual Emissions
Reporting, state effective April 1, 2018,
which removes the annual emissions
reporting requirement for certain nonTitle V facilities; updates the calendar
year when the annual emissions
reporting requirement begins; and
makes several minor editorial changes.
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
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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
V. Final Action
EPA is approving North Carolina’s
July 10, 2019, SIP submission, which
revises 15A NCAC Subchapter 02Q
Section .0207, Annual Emissions
Reporting, state effective April 1, 2018,
which removes annual emissions
reporting requirement for certain nonTitle V facilities; updates the calendar
year when the annual emissions
reporting requirement begins; and
makes several minor editorial changes.
EPA is approving this revision pursuant
to the CAA.
VI. 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 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);
10 See
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62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
• 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
April 30, 2021. 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, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Signing Statement
This document of the Environmental
Protection Agency was signed on
December 22, 2020, by Mary Walker,
Regional Administrator, pursuant to the
Statutory Deadline of the Clean Air Act.
That document with the original
signature and date is maintained by
EPA. For administrative purposes only,
and in compliance with requirements of
the Office of the Federal Register, the
undersigned EPA Official re-signs the
document for publication, as an official
document of the Environmental
Protection Agency. This administrative
process in no way alters the legal effect
of this document upon publication in
the Federal Register.
Dated: February 23, 2021.
John Blevins,
Acting 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
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. In 52.1770 amend Table 1 in
paragraph (c) under Subchapter 2Q Air
Quality Permits under Section .0200
Permit Fees by revising the entry for
‘‘Section .0207’’ to read as follows:
■
§ 52.1770
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(1) EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
State
effective
date
Title/subject
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Subchapter 2Q
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Annual Emissions Reporting .........
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Permit Fees
4/1/2018
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[Insert citation of publication], 3/1/
2021.
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Agencies
[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11867-11869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04065]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0613; FRL-10019-20-Region 4]
Air Plan Approval; North Carolina: Revisions to Annual Emissions
Reporting
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 submitted by the State of North
Carolina, through the North Carolina Department of Environmental
Quality, Division of Air Quality (DAQ), on July 10, 2019. The SIP
revision modifies the State's annual emissions reporting regulation by
removing the annual emissions reporting requirement for certain non-
Title V facilities in geographic areas that have been redesignated to
attainment for the 1979 1-hour ozone national ambient air quality
standards (``NAAQS'' or ``standards'') and in the areas listed in the
rule that have been redesignated to attainment for the 1997 8-hour
ozone NAAQS, with the exception of the geographic areas that have been
redesignated to attainment for the 2008 8-hour ozone NAAQS. The SIP
revision also makes minor changes that do not significantly alter the
meaning of the regulation. EPA is approving this revision pursuant to
the Clean Air Act (CAA or Act).
DATES: This rule is effective March 31, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0613. 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 can either
be retrieved electronically via 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: Tiereny Bell, 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. The telephone number is
(404) 562-9088. Ms. Bell can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In 1979, EPA promulgated a NAAQS for ozone, setting the standard at
0.12 parts per million (ppm) averaged over a 1-hour time frame. See 44
FR 8202 (February 8, 1979). In 1997, EPA promulgated a revised NAAQS
for ozone, setting the standard at 0.08 ppm averaged over an 8-hour
time frame. See 62 FR 38856 (July 18, 1997).\1\ In 2008, EPA revised
the level of the 8-hour ozone standard to 0.075 ppm. See 73 FR 16436
(March 27, 2008).\2\ The promulgation of a new or revised NAAQS
triggers a CAA requirement for EPA to designate as nonattainment any
area that violates the NAAQS or contributes to a violation in a nearby
area. On November 6, 1991, EPA published designations and
classifications for the 1979 1-hour ozone NAAQS.\3\ See 56 FR 56694.
EPA initially published designations and classifications for the
revised 1997 8-hour and revised 2008 8-hour ozone standards on April
30, 2004 (69 FR 23858) and May 21, 2012 (77 FR 30088), respectively.
The geographic areas designated as nonattainment in North Carolina for
the 1997 8-hour ozone standard included the Charlotte-Gastonia-Rock
Hill, NC-SC Area (the North Carolina portion is hereinafter the ``1997
Charlotte Area'').\4\ The geographic areas designated as nonattainment
in North Carolina for the 2008 ozone standard are part of an area known
as the Charlotte-Rock Hill, NC-SC Area (the North Carolina portion is
hereinafter the ``2008 Charlotte Area'').\5\ EPA redesignated North
Carolina's 1979 ozone nonattainment areas to attainment in a series of
actions from 1993 to 1995,\6\ redesignated the 1997 Charlotte Area to
attainment on December 2, 2013 (78 FR 72036), and redesignated the 2008
Charlotte Area to attainment on July 28, 2015 (80 FR 44873).
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\1\ EPA has revoked the 1979 and 1997 ozone standards. See 69 FR
23951 (April 30, 2004) and 80 FR 12264 (March 6, 2015),
respectively.
\2\ EPA revised the level of the 8-hour ozone standard to 0.070
ppm in 2015 and designated the entire state as attainment/
unclassifiable for that NAAQS in 2017. See 80 FR 65296 (October 22,
2015) and 82 FR 54232 (November 16, 2017).
\3\ EPA designated the following geographic areas in North
Carolina as nonattainment for the 1979 ozone standard: Davidson,
Durham, Forsyth, Gaston, Guilford, Mecklenburg, and Wake Counties,
the Dutchville Township in Granville County, and that part of Davie
County bounded by the Yadkin River, Dutchmans Creek, North Carolina
Highway 801, Fulton Creek and back to the Yadkin River.
\4\ The geographic areas designated as nonattainment in North
Carolina for the 1997 ozone standard included all geographic areas
designated as nonattainment for the 1979 ozone standard as well as
additional areas. The 1997 Charlotte Area consists of Cabarrus,
Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and Davidson
Township and Coddle Creek Township in Iredell County.
\5\ The 2008 Charlotte Area is a subset of the 1997 Charlotte
Area and consists of Central Cabarrus Township, Concord Township,
Georgeville Township, Harrisburg Township, Kannapolis Township,
Midland Township, Mount Pleasant Township, New Gilead Township,
Odell Township, Poplar Tent Township, and Rimertown Township in
Cabarrus County; Crowders Mountain Township, Dallas Township,
Gastonia Township, Riverbend Township, and South Point Township in
Gaston County; Davidson Township and Coddle Creek Township in
Iredell County; Catawba Springs Township, Ironton Township, and
Lincolnton Township in Lincoln County; Atwell Township, China Grove
Township, Franklin Township, Gold Hill Township, Litaker Township,
Locke Township, Providence Township, Salisbury Township, Steele
Township, and Unity Township in Rowan County; and Goose Creek
Township, Marshville Township, Monroe Township, Sandy Ridge
Township, and Vance Township in Union County.
\6\ See 58 FR 47391 (November 9, 1993), 59 FR 18300 (April 18,
1994), and 60 FR 34859 (July 5, 1995).
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North Carolina was required to develop nonattainment SIP revisions
addressing the CAA requirements for its ozone nonattainment areas.
Among other things, North Carolina was required to address the annual
emissions reporting requirement in CAA section 182(a)(3)(B), which
requires each state with an ozone nonattainment area to submit a SIP
revision requiring stationary sources that emit 25 tons per year (tpy)
or more of nitrogen oxides (NOX) or volatile organic
compounds (VOC) within the nonattainment area to provide certified
annual emissions statements to the state showing actual annual
NOX and VOC emissions from the sources.
[[Page 11868]]
On August 1, 1997 (62 FR 41277), EPA approved the State's annual
emissions reporting requirement at 15A NCAC Subchapter 02Q Section
.0207,\7\ Annual Emissions Reporting, into the North Carolina SIP for
the geographic areas designated as nonattainment for the 1979 ozone
NAAQS.\8\ On January 31, 2008, North Carolina submitted a SIP revision
adding the 1997 Charlotte Area to its annual emissions reporting
requirement as a result of EPA's nonattainment designations for the
1997 8-hour ozone standard.\9\ On April 24, 2012 (77 FR 24382), EPA
approved that SIP revision and added the 1997 Charlotte Area to the
annual emissions reporting requirement in the North Carolina SIP to
meet the requirements of CAA section 182(a)(3)(B).
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\7\ In the table of North Carolina regulations federally
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC Subchapter 02Q
is referred to as ``Subchapter 2Q Air Quality Permits.''
\8\ Section .0207 also contains an annual reporting requirement
at paragraph (a) for owners and operators of title V facilities in
the State.
\9\ The SIP revision added Cabarrus, Lincoln, Rowan, and Union
Counties and Davidson Township and Coddle Creek Township in Iredell
County to the emissions reporting requirement.
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Paragraph (c) of Section .0207 lists the geographic areas in North
Carolina where owners or operators of certain non-title V facilities
with actual emissions of 25 tpy or more of NOX or VOC are
required to report by June 30th of each year the actual emissions of
NOX and VOC during the previous year. Paragraph (d)
identifies the date that the annual reporting requirement in paragraph
(c) shall begin.
II. Analysis of State's Submission
EPA is approving North Carolina's July 10, 2019 SIP revision which
amends the emissions reporting requirement at 15A NCAC Subchapter 02Q
Section .0207, Annual Emissions Reporting. Specifically, the revision
removes the annual emissions reporting requirement for certain non-
Title V facilities in geographic areas that have been redesignated to
attainment for the 1979 1-hour ozone NAAQS and in the redesignated 1997
Charlotte Area, while retaining the requirement for the redesignated
2008 Charlotte Area. Additionally, the revision updates the calendar
year that the emissions reporting requirement begins from 2007 to 2017
in paragraph (d) and makes several minor editorial changes to the rule.
In a notice of proposed rulemaking (NPRM) published on October 27,
2020 (85 FR 68026), EPA proposed to approve North Carolina's SIP
revision. The October 27, 2020, NPRM provides additional detail
regarding the SIP revision and rationale for EPA's action. Comments on
the October 27, 2020, NPRM were due on or before November 27, 2020.
III. Response to Comments
EPA received one comment on the October 27, 2020, NPRM. A summary
of the comment and EPA's response is provided below. The full comment
is in the docket for this rulemaking.
Comment: The Commenter recommends that EPA freeze its actions until
the Biden administration has the authority to promulgate rules and
regulations. The Commenter then states that ``Leaving clean air and
water to the states can be a mistake unless it is California which
leads in regulatory emissions.''
Response: The majority of the comment is beyond the scope of EPA's
action on North Carolina's July 10, 2019 SIP submittal. With respect to
this action, Section 110(k) of the CAA requires EPA to approve SIP
submittals that meet all applicable CAA requirements and to do so
within specific timeframes. EPA is approving the State's submittal
because the Agency has concluded that the submittal meets CAA
requirements and the Commenter did not provide any information
indicating otherwise. Furthermore, the statutory deadline to act on
this submittal is January 10, 2021, prior to the change in presidential
administration. EPA's statutory obligation to act on SIP submittals is
not tolled due to a pending change in administration.
IV. 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 15A NCAC
Subchapter 02Q Section .0207, Annual Emissions Reporting, state
effective April 1, 2018, which removes the annual emissions reporting
requirement for certain non-Title V facilities; updates the calendar
year when the annual emissions reporting requirement begins; and makes
several minor editorial changes. 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.\10\
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\10\ See 62 FR 27968 (May 22, 1997).
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V. Final Action
EPA is approving North Carolina's July 10, 2019, SIP submission,
which revises 15A NCAC Subchapter 02Q Section .0207, Annual Emissions
Reporting, state effective April 1, 2018, which removes annual
emissions reporting requirement for certain non-Title V facilities;
updates the calendar year when the annual emissions reporting
requirement begins; and makes several minor editorial changes. EPA is
approving this revision pursuant to the CAA.
VI. 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 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);
[[Page 11869]]
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 April 30, 2021. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Signing Statement
This document of the Environmental Protection Agency was signed on
December 22, 2020, by Mary Walker, Regional Administrator, pursuant to
the Statutory Deadline of the Clean Air Act. That document with the
original signature and date is maintained by EPA. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned EPA Official re-signs the document
for publication, as an official document of the Environmental
Protection Agency. This administrative process in no way alters the
legal effect of this document upon publication in the Federal Register.
Dated: February 23, 2021.
John Blevins,
Acting 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 52.1770 amend Table 1 in paragraph (c) under Subchapter 2Q Air
Quality Permits under Section .0200 Permit Fees by revising the entry
for ``Section .0207'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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Subchapter 2Q Air Quality Permits
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* * * * * * *
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Section .0200 Permit Fees
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Section .0207................... Annual Emissions 4/1/2018 [Insert citation
Reporting. of publication],
3/1/2021.
* * * * * * *
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[FR Doc. 2021-04065 Filed 2-26-21; 8:45 am]
BILLING CODE 6560-50-P