Air Plan Approval; North Carolina; Mecklenburg Miscellaneous Rules Revisions, 53552-53555 [2021-20008]
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53552
Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
entry for ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2012
particulate matter (PM2.5) NAAQS’’ to
read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1170
*
Authority: 42 U.S.C. 7401 et seq.
Dated: September 15, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
2. In § 52.1170, the table in paragraph
(e) is amended by adding an entry for
‘‘Section 110(a)(2) infrastructure
requirements for the 2015 ozone
NAAQS’’ immediately following the
■
For the reasons stated in the
preamble, EPA amends title 40 CFR part
52 as follows:
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of
nonregulatory
SIP provision
*
*
State
submittal
date
*
EPA
approval
date
*
Comments
*
*
*
Infrastructure
*
*
Section 110(a)(2) infrastructure requirements for the 2015 ozone
NAAQS.
*
*
*
*
Statewide ..........
*
*
*
*
*
[FR Doc. 2021–20794 Filed 9–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0726; FRL–8939–02–
R4]
Air Plan Approval; North Carolina;
Mecklenburg Miscellaneous Rules
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action 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
SUMMARY:
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3/8/2019
*
9/28/2021, [INSERT Federal Register CITATION].
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(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. EPA is
finalizing these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective October 28,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0726. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
PO 00000
Frm 00018
Fmt 4700
*
*
Approved
CAA
elements:
110(a)(2)(A), (B), (C), (D)(i)(II)
Prong 3, D(ii), (F), (G), (H), (J),
(K), (L), and (M). Disapproved
CAA element 110(a)(2)(D)(i)(II)
Prong 4. No action on CAA element 110(a)(2)(D)(i)(I).
Sfmt 4700
*
*
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Evan Adams, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9009. Mr. Adams can also be reached
via electronic mail at adams.evan@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In a notice of proposed rulemaking
(NPRM) published on July 2, 2021 (86
FR 35244), EPA proposed to approve
changes to several rules in the
Mecklenburg County LIP. The April 24,
2020, submittal includes changes and
updates to the following rules to more
closely align them with their analog SIP-
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approved North Carolina regulations.1
The submission includes changes and
updates to MCAPCO Rules 2.0101,
Definitions; 2.0201, Classification of Air
Pollution Sources; 2.0202, Registration
of Air Pollution Sources; 2.0302,
Episode Criteria; 2.0303, Emission
Reduction Plans; and 2.0304,
Preplanned Abatement Program.2
The submittal also asks EPA to
reincorporate the following rules into
the LIP with a new effective date:
MCAPCO Rules 1.5301, Special
Enforcement Procedures; 1.5302,
Criminal Penalties; 1.5303, Civil
Injunction; 1.5304, Civil Penalties;
1.5306, Hearings; 1.5307, Judicial
Review; 2.0301, Purpose; and 2.0305,
Emission Reduction Plant: Alert Level.
The text of these rules has not changed.
The July 2, 2021, NPRM provides
additional detail regarding the
background and rationale for EPA’s
action. Comments were due on or before
August 2, 2021. EPA only received one
comment, and it was in favor of this
action. This comment will be posted in
the docket for this action for public
review.
II. Incorporation by Reference
In this document, EPA is finalizing
approval of regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is approving MCAPCO Rules
1.5301—Special Enforcement
Procedures; 1.5302—Criminal Penalties;
1.5303—Civil Injunction; 1.5304—Civil
Penalties; 1.5306—Hearings; 1.5307—
Judicial Review; 2.0301—Purpose; and
2.0305—Emission Reduction Plan: Alert
Level, all of which have an effective date
of December 15, 2015; as well as
MCAPCO Rules 2.0101—Definitions;
2.0201—Classification of Air Pollution
Sources; 2.0202—Registration of Air
Pollution Sources; 2.0302—Episode
Criteria; 2.0303—Emission Reduction
Plans; and 2.0304—Preplanned
Abatement Program, all of which have
an effective date of December 18, 2018,
into the Mecklenburg County portion of
the North Carolina SIP to update the
rules to more closely align them with
their analog North Carolina rules in the
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
1 EPA notes that the April 24, 2020, submittal was
received by EPA on June 19, 2020.
2 The April 24, 2020 submittal 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.
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preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.3
III. Final Action
EPA is taking final action to approve
the aforementioned changes to the
Mecklenburg LIP. Specifically, EPA is
finalizing approval of revisions to
MCAPCO Rules 1.5301—Special
Enforcement Procedures; 1.5302—
Criminal Penalties; 1.5303—Civil
Injunction, 1.5304—Civil Penalties;
1.5306—Hearings; 1.5307—Judicial
Review; 2.0101—Definitions; 2.0201—
Classification of Air Pollution Sources;
2.0202—Registration of Air Pollution
Sources; 2.0301—Purpose; 2.0302—
Episode Criteria; 2.0303—Emission
Reduction Plans; 2.0304—Preplanned
Abatement Program; and 2.0305—
Emission Reduction Plan: Alert Level.
EPA is taking final action to approve
these revisions because they are
consistent with the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided they meet the criteria of the
CAA. This action merely approves state
law as meeting Federal requirements
and does not impose additional
requirements beyond those imposed by
state law. For that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
3 See
PO 00000
62 FR 27968 (May 22, 1997).
Frm 00019
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53553
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 29, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
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such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
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.
Subpart II—North Carolina
2. In § 52.1770 amend the table in
paragraph (c)(3) by:
■ a. Revising the title of ‘‘Article 1.000
Permitting Provisions for Air Pollution
Sources, Rules and Operating
Regulations for Acid Rain Sources, Title
V and Toxic Air Pollutants’’;
■ b. Under Section 1.5300 Enforcement;
Variances; Judicial Review by revising
the entries for ‘‘Section 1.5301,’’
‘‘Section 1.5302,’’ ‘‘Section 1.5303,’’
■
Dated: September 9, 2021.
John Blevins,
Acting Regional Administrator Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
‘‘Section 1.5304,’’ ‘‘Section 1.5306,’’ and
‘‘Section 1.5307’’;
■ c. Under ‘‘Section 2.0100 Definitions
and References’’ by revising the entry
for ‘‘Section 2.0101’’;
■ d. Under ‘‘Section 2.0200 Air
Pollution Source’’ by revising the
entries for ‘‘Section 2.0201’’ and
‘‘Section 2.0202,’’; and
■ e. Under ‘‘Section 2.0300 Air
Pollution Emergencies’’ by revising the
entries for ‘‘Section 2.0301,’’ ‘‘Section
2.0302,’’ ‘‘Section 2.0303,’’ ‘‘Section
2.0304,’’ and ‘‘Section 2.0305’’ .
The revisions read as follows:
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(3) EPA-APPROVED MECKLENBURG COUNTY REGULATIONS
State citation
State
effective
date
Title/subject
EPA approval date
Explanation
Article 1.0000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain Sources, Title V and
Toxic Air Pollutants
*
*
*
*
*
*
*
*
*
9/28/2021, [Insert citation of publication].
9/28/2021, [Insert citation of publication].
*
*
*
*
*
*
*
Section 1.5300 Enforcement; Variances; Judicial Review
Rule 1.5301 .......
Special Enforcement Procedures ...
12/15/2015
Rule 1.5302 .......
Criminal Penalties ..........................
12/15/2015
Rule 1.5303 .......
Civil Injunction ................................
12/15/2015
Rule 1.5304 .......
Civil Penalties .................................
12/15/2015
*
Rule 1.5306 .......
*
*
Hearings .........................................
12/15/2015
Rule 1.5307 .......
Judicial Review ...............................
12/15/2015
*
*
*
9/28/2021,
cation].
9/28/2021,
cation].
9/28/2021,
cation].
9/28/2021,
cation].
[Insert citation of publi[Insert citation of publi[Insert citation of publi[Insert citation of publi-
*
Section 2.0100 Definitions and References
Rule 2.0101 .......
*
Definitions .......................................
*
12/18/2018
*
9/28/2021, [Insert citation of publication].
*
*
Section 2.0200 Air Pollution Sources
Rule 2.0201 .......
Rule 2.0202 .......
Classification
Sources.
Registration
Sources.
of
of
Air
Pollution
12/18/2018
Air
Pollution
12/18/2018
9/28/2021, [Insert citation of publication].
9/28/2021, [Insert citation of publication].
Section 2.0300 Air Pollution Emergencies
Rule 2.0301 .......
Purpose ..........................................
12/15/2015
Rule 2.0302 .......
Episode Criteria ..............................
12/18/2018
Rule 2.0303 .......
Emission Reduction Plans .............
12/18/2018
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9/28/2021, [Insert citation of publication].
9/28/2021, [Insert citation of publication].
9/28/2021, [Insert citation of publication].
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(3) EPA-APPROVED MECKLENBURG COUNTY REGULATIONS—Continued
State
effective
date
State citation
Title/subject
Rule 2.0304 .......
Preplanned Abatement Program ....
12/18/2018
Rule 2.0305 .......
Emission
Level.
12/15/2015
*
*
*
Reduction
Plan:
*
*
*
*
*
[FR Doc. 2021–20008 Filed 9–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R04–OAR–2021–0322; FRL–8874–02–
R4]
Air Quality Designations; NC:
Redesignation of the Brunswick
County 2010 Sulfur Dioxide
Unclassifiable Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a submission
by the State of North Carolina, through
the Department of Air Quality (DAQ),
received on April 23, 2021, to
redesignate the Brunswick County,
North Carolina, unclassifiable area
(hereinafter referred to as the
‘‘Brunswick County Area’’ or ‘‘Area’’) to
attainment/unclassifiable for the 2010 1hour primary sulfur dioxide (SO2)
national ambient air quality standard
(hereinafter referred to as the ‘‘2010 1hour SO2 NAAQS’’). Because EPA now
has sufficient information to determine
that the Brunswick County Area is
attaining the 2010 1-hour SO2 NAAQS,
the Agency is approving the State’s
request to redesignate the Area from
unclassifiable to attainment/
unclassifiable for the 2010 1-hour SO2
NAAQS.
SUMMARY:
DATES:
This rule is effective October 28,
2021.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0322. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
ADDRESSES:
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Alert
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EPA approval date
9/28/2021, [Insert citation of publication].
9/28/2021, [Insert citation of publication].
*
*
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Evan Adams, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Adams can be reached by telephone
at (404) 562–9009 or via electronic mail
at adams.evan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Clean Air Act (CAA or Act)
establishes a process for air quality
management through the establishment
and implementation of the NAAQS. On
June 2, 2010, EPA revised the primary
SO2 NAAQS, establishing a new 1-hour
SO2 standard of 75 parts per billion
(ppb). See 75 FR 35520 (June 22, 2010).1
After the promulgation of a new or
revised NAAQS, EPA is required to
designate all areas of the country
pursuant to section 107(d)(1)–(2) of the
CAA. For the 2010 1-hour SO2 NAAQS,
designations were based on EPA’s
application of the nationwide analytical
approach to, and technical assessment
of, the weight of evidence for each area,
including but not limited to available air
1 On February 25, 2019 (effective April 17, 2019),
EPA issued a decision to retain the existing NAAQS
for SO2. See 84 FR 9866 (March 18, 2019).
PO 00000
Frm 00021
Explanation
Fmt 4700
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*
*
quality monitoring data and air quality
modeling results.
EPA completed the first set of initial
area designations for the 2010 1-hour
SO2 NAAQS in 2013 (Round 1).
Pursuant to a March 2, 2015, consent
decree and court-ordered schedule,2
EPA finalized a second set of initial area
designations for the 2010 1-hour SO2
NAAQS in 2016 (also called, ‘‘Round
2’’). For the Round 2 designations, after
review of all available information at
that time of Round 2 designations,
including modeling provided by the
State, EPA was unable to determine
whether the Brunswick County Area
met the definition of a nonattainment
area or the definition of an attainment
area.3 As a result, EPA designated the
entire Brunswick County Area, based on
modeling of the Capital Power
Incorporated (CPI) Southport Cape Fear
facility, as unclassifiable, which was
published in the Federal Register on
July 12, 2016.4 CPI Southport, located
on the coast of southeastern North
Carolina in the southeastern portion of
Brunswick County, was an electric
power generation plant with two
2 See Sierra Club et al. v. McCarthy, Civil Action
No. 3:13–cv–3953–SI (N.D. Cal.) and 79 FR 31325
(June 2, 2014).
3 EPA’s March 20, 2015, guidance specified the
designation category definitions to be used in the
Round 2 designations. Specifically, EPA defined a
‘‘nonattainment’’ area as an area that EPA has
determined violates the 2010 1-hour SO2 NAAQS
based on the most recent three years of qualityassured, certified ambient air quality monitoring
data or an appropriate modeling analysis, or that
EPA has determined contributes to a violation in a
nearby area; and defined an ‘‘attainment’’ area as an
area that EPA has determined meets the 2010 1hour SO2 NAAQS and does not contribute to a
violation of the NAAQS in a nearby area based on
either: (a) The most recent three years of ambient
air quality monitoring data from a monitoring
network in an area that is sufficient to be compared
to the NAAQS, or (b) an appropriate modeling
analysis.
4 See 81 FR 45039 (July 12, 2016), effective
September 12, 2016) codified at 40 CFR 81.334.
Detailed rationale, analyses, and other information
supporting EPA’s original Round 2 designation
including all supporting materials for the
Brunswick County Area, including the technical
support document (TSD), can be found on EPA’s
SO2 designations website at https://www.epa.gov/
sulfur-dioxide-designations/epa-completes-secondround-sulfur-dioxide-designations.
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]]>Agencies
[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53552-53555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20008]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0726; FRL-8939-02-R4]
Air Plan Approval; North Carolina; Mecklenburg Miscellaneous
Rules Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action 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. EPA is finalizing these changes
pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective October 28, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0726. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9009. Mr. Adams can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In a notice of proposed rulemaking (NPRM) published on July 2, 2021
(86 FR 35244), EPA proposed to approve changes to several rules in the
Mecklenburg County LIP. The April 24, 2020, submittal includes changes
and updates to the following rules to more closely align them with
their analog SIP-
[[Page 53553]]
approved North Carolina regulations.\1\ The submission includes changes
and updates to MCAPCO Rules 2.0101, Definitions; 2.0201, Classification
of Air Pollution Sources; 2.0202, Registration of Air Pollution
Sources; 2.0302, Episode Criteria; 2.0303, Emission Reduction Plans;
and 2.0304, Preplanned Abatement Program.\2\
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\1\ EPA notes that the April 24, 2020, submittal was received by
EPA on June 19, 2020.
\2\ The April 24, 2020 submittal 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.
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The submittal also asks EPA to reincorporate the following rules
into the LIP with a new effective date: MCAPCO Rules 1.5301, Special
Enforcement Procedures; 1.5302, Criminal Penalties; 1.5303, Civil
Injunction; 1.5304, Civil Penalties; 1.5306, Hearings; 1.5307, Judicial
Review; 2.0301, Purpose; and 2.0305, Emission Reduction Plant: Alert
Level. The text of these rules has not changed.
The July 2, 2021, NPRM provides additional detail regarding the
background and rationale for EPA's action. Comments were due on or
before August 2, 2021. EPA only received one comment, and it was in
favor of this action. This comment will be posted in the docket for
this action for public review.
II. Incorporation by Reference
In this document, EPA is finalizing approval of regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, EPA is approving MCAPCO Rules 1.5301--
Special Enforcement Procedures; 1.5302--Criminal Penalties; 1.5303--
Civil Injunction; 1.5304--Civil Penalties; 1.5306--Hearings; 1.5307--
Judicial Review; 2.0301--Purpose; and 2.0305--Emission Reduction Plan:
Alert Level, all of which have an effective date of December 15, 2015;
as well as MCAPCO Rules 2.0101--Definitions; 2.0201--Classification of
Air Pollution Sources; 2.0202--Registration of Air Pollution Sources;
2.0302--Episode Criteria; 2.0303--Emission Reduction Plans; and
2.0304--Preplanned Abatement Program, all of which have an effective
date of December 18, 2018, into the Mecklenburg County portion of the
North Carolina SIP to update the rules to more closely align them with
their analog North Carolina rules in the SIP.
EPA has made and will continue to make these materials generally
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\3\
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\3\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is taking final action to approve the aforementioned changes to
the Mecklenburg LIP. Specifically, EPA is finalizing approval of
revisions to MCAPCO Rules 1.5301--Special Enforcement Procedures;
1.5302--Criminal Penalties; 1.5303--Civil Injunction, 1.5304--Civil
Penalties; 1.5306--Hearings; 1.5307--Judicial Review; 2.0101--
Definitions; 2.0201--Classification of Air Pollution Sources; 2.0202--
Registration of Air Pollution Sources; 2.0301--Purpose; 2.0302--Episode
Criteria; 2.0303--Emission Reduction Plans; 2.0304--Preplanned
Abatement Program; and 2.0305--Emission Reduction Plan: Alert Level.
EPA is taking final action to approve these revisions because they are
consistent with the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided they meet the criteria of the CAA. This action merely approves
state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 29, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of
[[Page 53554]]
such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 9, 2021.
John Blevins,
Acting Regional Administrator Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In Sec. 52.1770 amend the table in paragraph (c)(3) by:
0
a. Revising the title of ``Article 1.000 Permitting Provisions for Air
Pollution Sources, Rules and Operating Regulations for Acid Rain
Sources, Title V and Toxic Air Pollutants'';
0
b. Under Section 1.5300 Enforcement; Variances; Judicial Review by
revising the entries for ``Section 1.5301,'' ``Section 1.5302,''
``Section 1.5303,'' ``Section 1.5304,'' ``Section 1.5306,'' and
``Section 1.5307'';
0
c. Under ``Section 2.0100 Definitions and References'' by revising the
entry for ``Section 2.0101'';
0
d. Under ``Section 2.0200 Air Pollution Source'' by revising the
entries for ``Section 2.0201'' and ``Section 2.0202,''; and
0
e. Under ``Section 2.0300 Air Pollution Emergencies'' by revising the
entries for ``Section 2.0301,'' ``Section 2.0302,'' ``Section 2.0303,''
``Section 2.0304,'' and ``Section 2.0305'' .
The revisions read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(3) EPA-Approved Mecklenburg County Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Article 1.0000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain
Sources, Title V and Toxic Air Pollutants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 1.5300 Enforcement; Variances; Judicial Review
----------------------------------------------------------------------------------------------------------------
Rule 1.5301................ Special Enforcement 12/15/2015 9/28/2021, [Insert ......................
Procedures. citation of
publication].
Rule 1.5302................ Criminal Penalties.... 12/15/2015 9/28/2021, [Insert ......................
citation of
publication].
Rule 1.5303................ Civil Injunction...... 12/15/2015 9/28/2021, [Insert ......................
citation of
publication].
Rule 1.5304................ Civil Penalties....... 12/15/2015 9/28/2021, [Insert ......................
citation of
publication].
* * * * * * *
Rule 1.5306................ Hearings.............. 12/15/2015 9/28/2021, [Insert ......................
citation of
publication].
Rule 1.5307................ Judicial Review....... 12/15/2015 9/28/2021, [Insert ......................
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 2.0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Rule 2.0101................ Definitions........... 12/18/2018 9/28/2021, [Insert ......................
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 2.0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Rule 2.0201................ Classification of Air 12/18/2018 9/28/2021, [Insert ......................
Pollution Sources. citation of
publication].
Rule 2.0202................ Registration of Air 12/18/2018 9/28/2021, [Insert ......................
Pollution Sources. citation of
publication].
----------------------------------------------------------------------------------------------------------------
Section 2.0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
Rule 2.0301................ Purpose............... 12/15/2015 9/28/2021, [Insert ......................
citation of
publication].
Rule 2.0302................ Episode Criteria...... 12/18/2018 9/28/2021, [Insert ......................
citation of
publication].
Rule 2.0303................ Emission Reduction 12/18/2018 9/28/2021, [Insert ......................
Plans. citation of
publication].
[[Page 53555]]
Rule 2.0304................ Preplanned Abatement 12/18/2018 9/28/2021, [Insert ......................
Program. citation of
publication].
Rule 2.0305................ Emission Reduction 12/15/2015 9/28/2021, [Insert ......................
Plan: Alert Level. citation of
publication].
* * * * * * *
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* * * * *
[FR Doc. 2021-20008 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P
