Air Plan Approval; North Carolina; Mecklenburg Air Quality Permit Rules Revisions, 51848-51851 [2021-20005]

Download as PDF 51848 Point Point Point Point 3 4 5 6 ... ... ... ... Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 28°26′40″ 28°10′00″ 28°10′00″ 28°23′10″ N N N N 080°32′49″ 080°23′20″ 080°21′13″ 080°18′41″ W W W W 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] BILLING CODE 9110–04–P VerDate Sep<11>2014 15:47 Sep 16, 2021 Jkt 253001 [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: PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 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. E:\FR\FM\17SEP1.SGM 17SEP1 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). VerDate Sep<11>2014 15:47 Sep 16, 2021 Jkt 253001 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. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 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 E:\FR\FM\17SEP1.SGM 17SEP1 51850 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 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 VerDate Sep<11>2014 15:47 Sep 16, 2021 Jkt 253001 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. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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, E:\FR\FM\17SEP1.SGM 17SEP1 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 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 SUMMARY: VerDate Sep<11>2014 15:47 Sep 16, 2021 Jkt 253001 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 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 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.
---------------------------------------------------------------------------

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
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