Air Plan Approval; North Carolina; Mecklenburg Air Quality Permit Rules Revisions, 51848-51851 [2021-20005]
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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
(b) Definitions. The following
definitions apply to this section:
Designated representative means
Coast Guard Patrol Commanders
including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and federal, state,
and local officers designated by or
assisting the Captain of the Port (COTP)
Jacksonville in the enforcement of
RNAs, safety zones, and security zones.
(c) Regulations. (1) The COTP or a
designated represented may restrict
vessel movement including but not
limited to transiting, anchoring, or
mooring within this RNA to protect
vessels from hazards associated with
rocket launches. These restrictions are
temporary in nature and will only be
enacted and enforced prior to and just
after a successful launch.
(2) The COTP may activate any single
area, a combination of areas, or establish
ad hoc areas within the RNA boundary
area as warranted by the specific risks
posed by individual launches.
(d) Notice of activation of RNA. The
COTP will inform the public of the
activation or status of the RNA by
Broadcast Notice to Mariners on VHF–
FM channel 16, Public Notice of
Enforcement, on-scene presence, and by
the display of a yellow ball from a 90foot pole near the shoreline at
approximately 28°35′00″ N, 080°34′36″
W and from a 90-foot pole near the
shoreline at approximately 28°55′18″ N,
080°35′00″ W. Coast Guard assets or
other Federal, State, or local law
enforcement assets will be clearly
identified by lights, markings, or with
agency insignia.
(e) Contact information. The COTP
Jacksonville may be reached by
telephone at (904) 564–7513. Any onscene Coast Guard or designated
representative assets may be reached on
VHF–FM channel 16.
Dated: September 13, 2021.
Brendan C. McPherson,
Rear Admiral, Commander, Seventh Coast
Guard District.
[FR Doc. 2021–20105 Filed 9–16–21; 8:45 am]
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[EPA–R04–OAR–2021–0354; FRL–8958–01–
R4]
Air Plan Approval; North Carolina;
Mecklenburg Air Quality Permit Rules
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve 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 proposing to
approve these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments must be received on
or before October 18, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2021–0354 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www2.epa.gov/dockets/commentingepa-dockets.
SUMMARY:
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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 adams.evan@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
The Mecklenburg County 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
updates and additions to the LIP for,
among other things, general consistency
with the North Carolina SIP.1
Mecklenburg County prepared three
submittals in order to modify the LIP
and reflect regulatory and
administrative changes that NCDAQ has
made to the North Carolina SIP.2 The
three submittals were submitted to EPA
as follows: NCDAQ transmitted the
October 25, 2017, submittal to EPA but
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 notice at the
local level, these submittals were
withdrawn from EPA through a letter
dated February 15, 2019. Mecklenburg
County corrected this error, and NCDAQ
submitted the updates in a revision
dated April 24, 2020.3
II. What action is EPA proposing to
take?
The April 24, 2020, revision includes
updates to and additions of several
MCAPCO rules. 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—
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.
3 EPA notes that the April 24, 2020, submittal was
received by EPA on June 19, 2020.
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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
Permitting of Numerous Similar
Facilities; 1.5222—Permitting of
Facilities at Multiple Temporary Sites;
and 1.5232—Issuance, Revocation, and
Enforcement of Permits.4 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.5
The remainder of this section discusses
all of the aforementioned rules and any
proposed changes.
A. Rule 1.5212, ‘‘Applications’’
The April 24, 2020, revision modifies
Rule 1.5212, Applications, under Article
1.0000, Permitting Provisions for Air
Pollution Sources, Rules and Operating
Regulations for Acid Rain Sources, Title
V and Toxic Air Pollutants, by
correcting grammatical errors and
updating references. MCAQ also added
language concerning procedures for
submitting determination letters to the
Director and language concerning the
submittal of confidential information.
This rule outlines the procedures that
permit applicants should follow to
complete a permit application for
MCAQ. EPA last approved changes to
the LIP-approved version of the rule on
June 30, 2003. See 68 FR 38631. The
current changes to Rule 1.5212 remove
redundant language and reference Rule
1.5102, Definitions, in order to
streamline the rule and better outline
the official responsible for reviewing the
permit applications. The North Carolina
SIP has an analog rule at 15A NCAC
02Q .0304, Applications, which EPA
most recently revised on March 1, 2021.
See 86 FR 11875. EPA is proposing to
approve the updates to Rule 1.5212
because the changes improve clarity of
the rule, better define the individual or
individuals responsible for reviewing
permit applications, and better align the
LIP with the SIP.
B. Rule 1.5213, ‘‘Action on Application;
Issuance of Permit’’
The April 24, 2020, revision modifies
Rule 1.5213, Action on Application;
Issuance of Permit, by correcting
grammatical errors and updating
references. This rule outlines, among
other things, the schedule, public
participation requirements, and steps
4 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.
5 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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that must be completed for a facility to
be issued a permit. EPA last approved
changes to the LIP-approved version of
the rule on June 30, 2003. See 68 FR
38631. The North Carolina SIP has an
analog rule at 15A NCAC 02Q .0308,
Final Action on Permit Applications,
which EPA most recently revised on
March 1, 2021. See 86 FR 11875. EPA
is proposing to approve the updates to
Rule 1.5213 because the changes
improve the clarity of the rule and better
align the LIP with the SIP.
C. Rule 1.5214, ‘‘Commencement of
Operation’’
The April 24, 2020, revision modifies
Rule 1.5214, Commencement of
Operation, by updating the list of
permitting rules triggering an inspection
within 90 days after MCAQ receives a
notification of completion. EPA last
approved changes to the LIP-approved
version of the rule on June 30, 2003. See
68 FR 38631. Rule 1.5214 outlines,
among other things, the requirements
for a permittee to notify MCAQ of the
completion of construction, alteration,
or installation and its intent to
commence operation and identifies the
sources subject to inspection within 90
days after providing such notice. The
change updates the reference to MCAQ’s
rule on National Emissions Standards
for Hazardous Air Pollutants from Rule
2.0525 to Rule 2.1110.6 EPA is
proposing to approve the update to Rule
1.5214 because the change corrects an
erroneous cross-reference.
D. Rule 1.5215, ‘‘Application Processing
Schedule’’
The April 24, 2020, revision modifies
Rule 1.5215, Application Processing
Schedule, by making minor regulatory
updates and grammatical corrections.
This rule outlines a schedule that
MCAQ must follow for processing
applications for permits, permit
modifications, and permit renewals.
EPA last approved changes to the LIPapproved version of the rule on June 30,
2003. See 68 FR 38631. The regulatory
revision states the Director shall cease
processing of an application if it
contains insufficient information to
complete a review. Previously, the Rule
stated that the Director may return the
application if incomplete. The North
Carolina SIP has an analog rule at 15A
NCAC 02Q .0312, Application
Processing Schedule, which EPA most
recently revised on March 1, 2021. See
86 FR 11875. EPA is proposing to
6 Although not shown by underlined text as a
change in the January 21, 2016, submittal, this
correction is the only change made to the LIPapproved version of Rule 1.5214.
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51849
approve the updates to Rule 1.5214
because the changes are minor in nature
and better align the LIP with the SIP.
E. Rule 1.5217, ‘‘Confidential
Information’’
The April 24, 2020, revision includes
Rule 1.5217, Confidential Information,
regarding the submittal, evaluation, and
handling of confidential information.
The North Carolina SIP has an analog
rule at 15A NCAC 02Q .0107,
Confidential Information, which EPA
most recently revised on July 17, 2020.
See 85 FR 43461. EPA is proposing to
incorporate Rule 1.5217 into the LIP to
better align the LIP with the SIP.
F. Rule 1.5218, ‘‘Compliance Schedule
for Previously Exempted Activities’’
The April 24, 2020, revision includes
Rule 1.5218, Compliance Schedule for
Previously Exempted Activities, which
contains the schedule for permit
application or revision for sources that
were exempt from permitting but are
now required to be permitted because of
a change in permit exemptions or
because the source became subject to 40
CFR part 63. The North Carolina SIP has
an analog rule at 15A NCAC 02Q .0109,
Compliance Schedule for Previously
Exempted Activities, which EPA most
recently revised on July 17, 2020. See 85
FR 43461. EPA is proposing to approve
incorporate Rule 1.5218 into the LIP to
add certainty regarding the permitting
schedule for certain facilities and better
align the LIP with the SIP.
G. Rule 1.5219, ‘‘Retention of Permit at
Permitted Facility’’
The April 24, 2020, revision modifies
Rule 1.5219, Retention of Permit at
Permitted Facility, by making minor
grammatical corrections. EPA
incorporated this rule into the LIP on
July 28, 1995, and it requires permitted
facilities to retain copies of all active
permits at the facility identified in the
permit. See 60 FR 38715. The North
Carolina SIP has an analog rule at 15A
NCAC 02Q .0110, Retention of Permit at
Permitted Facility, which EPA most
recently revised on July 17, 2020. See 85
FR 43461. EPA is proposing to approve
the updates to Rule 1.5219 because they
are minor grammatical corrections and
better align the LIP with the SIP.
H. Rule 1.5220, ‘‘Applicability
Determinations’’
The April 24, 2020, revision includes
Rule 1.5220, Applicability
Determinations, which states that any
person can write the Director requesting
a determination as to whether a source
that the person owns or operates or
proposes to own or operate is subject to
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Article 1.0000 permitting requirements.
The North Carolina SIP has an analog
rule at 15A NCAC 02Q .0111,
Applicability Determinations, which
EPA most recently revised on July 17,
2020. See 85 FR 43461. EPA is
proposing to incorporate Rule 1.5218
into the LIP to better align the LIP with
the SIP.
Section 1.5200 and for violations of a
Section 1.5200 permit. EPA last
approved changes to Rule 1.5232 on
June 30, 2003. See 68 FR 38631. EPA is
proposing to approve the updates to
Rule 1.5215 because the changes are
minor grammatical corrections.
I. Rule 1.5221, ‘‘Permitting of Numerous
Similar Facilities’’
The April 24, 2020, revision modifies
Rule 1.5221, Permitting of Numerous
Similar Facilities, by making
grammatical corrections. EPA
incorporated this rule into the LIP on
July 28, 1995, and it states that the
Director shall not issue a single permit
for multiple facilities unless there is no
difference between the facilities that
would require special permit conditions
for any individual facility and no
unique analysis is required for any
facility covered by the permit. See 60 FR
38715. The North Carolina SIP has an
analog rule at 15A NCAC 02Q .0310,
Permitting of Numerous Similar
Facilities, which EPA most recently
revised on March 1, 2021. See 86 FR
11875. EPA is proposing to approve the
updates to Rule 1.5221 because they are
minor grammatical corrections and
better align the LIP with the SIP.
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporated by reference
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).
J. Rule 1.5222, ‘‘Permitting of Facilities
at Multiple Temporary Sites’’
The April 24, 2020, revision modifies
Rule 1.5222, Permitting of Facilities at
Multiple Temporary Sites, by making
minor grammatical corrections. EPA
initially incorporated this rule into the
LIP on July 28, 1995, which governs the
permitting of a facility or source at
multiple temporary operating sites. See
60 FR 38715. The North Carolina SIP
has an analog rule at 15A NCAC 02Q
.0311, Permitting of Facilities at
Multiple Temporary Sites, which EPA
most recently revised on March 1, 2021.
See 86 FR 11875. EPA is proposing to
approve the updates to Rule 1.5222
because the changes are minor
grammatical corrections and better align
the LIP with the SIP.
K. Rule 1.5232, ‘‘Issuance, Revocation,
and Enforcement of Permits’’
The April 24, 2020, revision modifies
Rule 1.5232, Issuance, Revocation, and
Enforcement of Permits, by making
minor grammatical corrections. Among
other things, this rule identifies criteria
for revoking or modifying a permit
issued under Section 1.5200—Air
Quality Permits or Section 1.5600—
Transportation Facility Procedures and
enforcement provisions for the failure to
apply for and obtain a permit under
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IV. Incorporation by Reference
V. Proposed Action
EPA is proposing to approve the
aforementioned changes to the
Mecklenburg LIP. Specifically, EPA is
proposing to approve 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. 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 proposing to
approve these changes because they are
consistent with the CAA.
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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 they meet the criteria of the
CAA. This proposed action merely
proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• 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,
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2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 9, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021–20005 Filed 9–16–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 59
[EPA–HQ–OAR–2006–0971; FRL–7966–02–
OAR]
RIN 2060–AU94
National Volatile Organic Compound
Emission Standards for Aerosol
Coatings Amendments
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is proposing to
amend the National Volatile Organic
Compound (VOC) Emission Standards
for Aerosol Coatings, which establishes
reactivity-based emission standards for
the aerosol coatings category (aerosol
spray paints) under the Clean Air Act
(CAA). In this action, the EPA is
proposing to update coating category
product-weighted reactivity limits for
aerosol coatings categories; add new
compounds and reactivity factors (RFs);
update existing reactivity values; revise
the default RF; amend the thresholds for
compounds regulated by this document;
and add electronic reporting provisions.
DATES:
Comments. Comments must be
received on or before November 16,
2021. Under the Paperwork Reduction
Act (PRA), comments on the
information collection provisions are
best assured of consideration if the
Office of Management and Budget
(OMB) receives a copy of your
comments on or before October 18,
2021.
Public Hearing: If anyone contacts us
requesting a public hearing on or before
September 22, 2021, the Agency will
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hold a virtual public hearing. See
for
information on requesting and
registering for a public hearing.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OAR–2006–0971, 40 Code of Federal
Regulations (CFR) part 59, subpart E, by
any of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting comments.
• Email: a-and-r-docket@epa.gov.
Include Docket ID No. EPA–HQ–OAR–
2006–0971 in the subject line of the
message.
• Fax: (202) 566–9744. Attention
Docket ID No. EPA–HQ–OAR–2006–
0971.
Instructions: All submissions received
must include the Docket ID No. EPA–
HQ–OAR–2006–0971 for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document. Out of an abundance of
caution for members of the public and
our staff, the EPA Docket Center and
Reading Room closed to public visitors
on March 31, 2020 to reduce the risk of
transmitting COVID–19 Our Docket
Center staff will continue to provide
remote customer service via email,
phone, and webform. The Agency
encourages the public to submit
comments via https://
www.regulations.gov/or email, as there
is a temporary suspension of mail
delivery to EPA, and no hand deliveries
are currently accepted. For further
information on EPA Docket Center
services and the current status, please
visit us online at https://www.epa.gov/
dockets.
FOR FURTHER INFORMATION CONTACT: For
information about the National Volatile
Organic Compound Emission Standards
for Aerosol Coatings, contact Ms. J. Kaye
Whitfield, U.S. EPA, Office of Air
Quality Planning and Standards, Sector
Policies and Programs Division,
Minerals and Manufacturing Group
(D243–04), Research Triangle Park,
North Carolina 27711; telephone
number: (919) 541–2509; fax number
(919) 541–4991; and email address:
whitfield.kaye@epa.gov. For questions
related to enforcement, contact Mr. John
Cox, Office of Enforcement and
Compliance Assurance, U.S.
Environmental Protection Agency, U.S.
EPA WJC South Building (2221A),
SUPPLEMENTARY INFORMATION
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51851
Pennsylvania Avenue NW, Washington,
DC 20460; telephone number; (202–
564–1395); and email address:
cox.john@epa.gov. For questions
regarding electronic reporting, contact
Ms. Theresa Lowe, U.S. EPA, Office of
Air Quality Planning and Standards,
Sector Policies and Programs Division,
Measurement Policy Group (D243–05),
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
4786; and email address: lowe.theresa@
epa.gov.
SUPPLEMENTARY INFORMATION:
Entities Potentially Affected by This
Action. The entities potentially affected
by this regulation include
manufacturers, processors, wholesale
distributors, or importers of aerosol
coatings for sale or distribution in the
United States, or manufacturers,
processors, wholesale distributors, or
importers who supply the entities listed
above with aerosol coatings for sale or
distribution in interstate commerce in
the United States. The entities
potentially affected by this proposed
action include those listed in the North
American Industry Classification
System codes 32551 and 325998. This
list is not intended to be exhaustive, but
rather provides a guide for entities
likely to be affected by this action. To
determine whether you would be
affected by this action, you should
examine the applicable industry
description in section I.E of the
promulgation preamble, published at 73
FR 15604 (March 24, 2008). If you have
any questions regarding the
applicability of this action to a
particular entity, consult the
appropriate EPA contact listed in the
FOR FURTHER INFORMATION CONTACT
section of this notice.
Obtaining a copy of this document
and other related information. In
addition to being available in the
docket, an electronic copy of this action
is available on the internet. Following
signature by the EPA Administrator, the
EPA will post a copy of this proposed
action at https://www.epa.gov/
stationary-sources-air-pollution/aerosolcoatings-national-volatile-organiccompound-emission. Following
publication in the Federal Register, the
EPA will post the Federal Register
version of the proposal and key
technical documents at this same
website.
The proposed changes to the
regulatory text in the CFR that would be
necessary to incorporate the changes
proposed in this action are set out the
document titled Proposed Regulation
Edits for 40 CFR part 59, subpart E in
the docket for this action (Docket ID No.
E:\FR\FM\17SEP1.SGM
17SEP1
Agencies
[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Proposed Rules]
[Pages 51848-51851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20005]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0354; FRL-8958-01-R4]
Air Plan Approval; North Carolina; Mecklenburg Air Quality Permit
Rules Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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 proposing to approve these changes
pursuant to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before October 18, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0354 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. 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
The Mecklenburg County 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 updates and additions to the
LIP for, among other things, general consistency with the North
Carolina SIP.\1\ Mecklenburg County prepared three submittals in order
to modify the LIP and reflect regulatory and administrative changes
that NCDAQ has made to the North Carolina SIP.\2\ The three submittals
were submitted to EPA as follows: NCDAQ transmitted the October 25,
2017, submittal to EPA but 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 notice at the local level, these submittals were withdrawn from
EPA through a letter dated February 15, 2019. Mecklenburg County
corrected this error, and NCDAQ submitted the updates in a revision
dated April 24, 2020.\3\
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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.
\3\ EPA notes that the April 24, 2020, submittal was received by
EPA on June 19, 2020.
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II. What action is EPA proposing to take?
The April 24, 2020, revision includes updates to and additions of
several MCAPCO rules. 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--
[[Page 51849]]
Permitting of Numerous Similar Facilities; 1.5222--Permitting of
Facilities at Multiple Temporary Sites; and 1.5232--Issuance,
Revocation, and Enforcement of Permits.\4\ 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.\5\ The remainder of this section discusses all of the
aforementioned rules and any proposed changes.
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\4\ 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.
\5\ 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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A. Rule 1.5212, ``Applications''
The April 24, 2020, revision modifies Rule 1.5212, Applications,
under Article 1.0000, Permitting Provisions for Air Pollution Sources,
Rules and Operating Regulations for Acid Rain Sources, Title V and
Toxic Air Pollutants, by correcting grammatical errors and updating
references. MCAQ also added language concerning procedures for
submitting determination letters to the Director and language
concerning the submittal of confidential information. This rule
outlines the procedures that permit applicants should follow to
complete a permit application for MCAQ. EPA last approved changes to
the LIP-approved version of the rule on June 30, 2003. See 68 FR 38631.
The current changes to Rule 1.5212 remove redundant language and
reference Rule 1.5102, Definitions, in order to streamline the rule and
better outline the official responsible for reviewing the permit
applications. The North Carolina SIP has an analog rule at 15A NCAC 02Q
.0304, Applications, which EPA most recently revised on March 1, 2021.
See 86 FR 11875. EPA is proposing to approve the updates to Rule 1.5212
because the changes improve clarity of the rule, better define the
individual or individuals responsible for reviewing permit
applications, and better align the LIP with the SIP.
B. Rule 1.5213, ``Action on Application; Issuance of Permit''
The April 24, 2020, revision modifies Rule 1.5213, Action on
Application; Issuance of Permit, by correcting grammatical errors and
updating references. This rule outlines, among other things, the
schedule, public participation requirements, and steps that must be
completed for a facility to be issued a permit. EPA last approved
changes to the LIP-approved version of the rule on June 30, 2003. See
68 FR 38631. The North Carolina SIP has an analog rule at 15A NCAC 02Q
.0308, Final Action on Permit Applications, which EPA most recently
revised on March 1, 2021. See 86 FR 11875. EPA is proposing to approve
the updates to Rule 1.5213 because the changes improve the clarity of
the rule and better align the LIP with the SIP.
C. Rule 1.5214, ``Commencement of Operation''
The April 24, 2020, revision modifies Rule 1.5214, Commencement of
Operation, by updating the list of permitting rules triggering an
inspection within 90 days after MCAQ receives a notification of
completion. EPA last approved changes to the LIP-approved version of
the rule on June 30, 2003. See 68 FR 38631. Rule 1.5214 outlines, among
other things, the requirements for a permittee to notify MCAQ of the
completion of construction, alteration, or installation and its intent
to commence operation and identifies the sources subject to inspection
within 90 days after providing such notice. The change updates the
reference to MCAQ's rule on National Emissions Standards for Hazardous
Air Pollutants from Rule 2.0525 to Rule 2.1110.\6\ EPA is proposing to
approve the update to Rule 1.5214 because the change corrects an
erroneous cross-reference.
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\6\ Although not shown by underlined text as a change in the
January 21, 2016, submittal, this correction is the only change made
to the LIP-approved version of Rule 1.5214.
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D. Rule 1.5215, ``Application Processing Schedule''
The April 24, 2020, revision modifies Rule 1.5215, Application
Processing Schedule, by making minor regulatory updates and grammatical
corrections. This rule outlines a schedule that MCAQ must follow for
processing applications for permits, permit modifications, and permit
renewals. EPA last approved changes to the LIP-approved version of the
rule on June 30, 2003. See 68 FR 38631. The regulatory revision states
the Director shall cease processing of an application if it contains
insufficient information to complete a review. Previously, the Rule
stated that the Director may return the application if incomplete. The
North Carolina SIP has an analog rule at 15A NCAC 02Q .0312,
Application Processing Schedule, which EPA most recently revised on
March 1, 2021. See 86 FR 11875. EPA is proposing to approve the updates
to Rule 1.5214 because the changes are minor in nature and better align
the LIP with the SIP.
E. Rule 1.5217, ``Confidential Information''
The April 24, 2020, revision includes Rule 1.5217, Confidential
Information, regarding the submittal, evaluation, and handling of
confidential information. The North Carolina SIP has an analog rule at
15A NCAC 02Q .0107, Confidential Information, which EPA most recently
revised on July 17, 2020. See 85 FR 43461. EPA is proposing to
incorporate Rule 1.5217 into the LIP to better align the LIP with the
SIP.
F. Rule 1.5218, ``Compliance Schedule for Previously Exempted
Activities''
The April 24, 2020, revision includes Rule 1.5218, Compliance
Schedule for Previously Exempted Activities, which contains the
schedule for permit application or revision for sources that were
exempt from permitting but are now required to be permitted because of
a change in permit exemptions or because the source became subject to
40 CFR part 63. The North Carolina SIP has an analog rule at 15A NCAC
02Q .0109, Compliance Schedule for Previously Exempted Activities,
which EPA most recently revised on July 17, 2020. See 85 FR 43461. EPA
is proposing to approve incorporate Rule 1.5218 into the LIP to add
certainty regarding the permitting schedule for certain facilities and
better align the LIP with the SIP.
G. Rule 1.5219, ``Retention of Permit at Permitted Facility''
The April 24, 2020, revision modifies Rule 1.5219, Retention of
Permit at Permitted Facility, by making minor grammatical corrections.
EPA incorporated this rule into the LIP on July 28, 1995, and it
requires permitted facilities to retain copies of all active permits at
the facility identified in the permit. See 60 FR 38715. The North
Carolina SIP has an analog rule at 15A NCAC 02Q .0110, Retention of
Permit at Permitted Facility, which EPA most recently revised on July
17, 2020. See 85 FR 43461. EPA is proposing to approve the updates to
Rule 1.5219 because they are minor grammatical corrections and better
align the LIP with the SIP.
H. Rule 1.5220, ``Applicability Determinations''
The April 24, 2020, revision includes Rule 1.5220, Applicability
Determinations, which states that any person can write the Director
requesting a determination as to whether a source that the person owns
or operates or proposes to own or operate is subject to
[[Page 51850]]
Article 1.0000 permitting requirements. The North Carolina SIP has an
analog rule at 15A NCAC 02Q .0111, Applicability Determinations, which
EPA most recently revised on July 17, 2020. See 85 FR 43461. EPA is
proposing to incorporate Rule 1.5218 into the LIP to better align the
LIP with the SIP.
I. Rule 1.5221, ``Permitting of Numerous Similar Facilities''
The April 24, 2020, revision modifies Rule 1.5221, Permitting of
Numerous Similar Facilities, by making grammatical corrections. EPA
incorporated this rule into the LIP on July 28, 1995, and it states
that the Director shall not issue a single permit for multiple
facilities unless there is no difference between the facilities that
would require special permit conditions for any individual facility and
no unique analysis is required for any facility covered by the permit.
See 60 FR 38715. The North Carolina SIP has an analog rule at 15A NCAC
02Q .0310, Permitting of Numerous Similar Facilities, which EPA most
recently revised on March 1, 2021. See 86 FR 11875. EPA is proposing to
approve the updates to Rule 1.5221 because they are minor grammatical
corrections and better align the LIP with the SIP.
J. Rule 1.5222, ``Permitting of Facilities at Multiple Temporary
Sites''
The April 24, 2020, revision modifies Rule 1.5222, Permitting of
Facilities at Multiple Temporary Sites, by making minor grammatical
corrections. EPA initially incorporated this rule into the LIP on July
28, 1995, which governs the permitting of a facility or source at
multiple temporary operating sites. See 60 FR 38715. The North Carolina
SIP has an analog rule at 15A NCAC 02Q .0311, Permitting of Facilities
at Multiple Temporary Sites, which EPA most recently revised on March
1, 2021. See 86 FR 11875. EPA is proposing to approve the updates to
Rule 1.5222 because the changes are minor grammatical corrections and
better align the LIP with the SIP.
K. Rule 1.5232, ``Issuance, Revocation, and Enforcement of Permits''
The April 24, 2020, revision modifies Rule 1.5232, Issuance,
Revocation, and Enforcement of Permits, by making minor grammatical
corrections. Among other things, this rule identifies criteria for
revoking or modifying a permit issued under Section 1.5200--Air Quality
Permits or Section 1.5600--Transportation Facility Procedures and
enforcement provisions for the failure to apply for and obtain a permit
under Section 1.5200 and for violations of a Section 1.5200 permit. EPA
last approved changes to Rule 1.5232 on June 30, 2003. See 68 FR 38631.
EPA is proposing to approve the updates to Rule 1.5215 because the
changes are minor grammatical corrections.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporated by
reference 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).
V. Proposed Action
EPA is proposing to approve the aforementioned changes to the
Mecklenburg LIP. Specifically, EPA is proposing to approve 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. 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 proposing to approve these changes
because they are consistent with 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 they meet the criteria of the CAA. This proposed action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
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,
[[Page 51851]]
2000), nor will it impose substantial direct costs on tribal
governments or preempt tribal law.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 9, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-20005 Filed 9-16-21; 8:45 am]
BILLING CODE 6560-50-P