Air Plan Approval; North Carolina: Mecklenburg Ambient Air Quality Standards, 64073-64075 [2021-24942]
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Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Rules and Regulations
requirements, and Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 10, 2021.
Elizabeth Adams,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(194)(i)(C)(6) to
read as follows:
■
§ 52.220
Identification of plan—in part.
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(c) * * *
(194) * * *
(i) * * *
(C) * * *
(6) Rule 2021, ‘‘Experimental
Research Operations,’’ amended on
December 17, 1992.
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[FR Doc. 2021–25045 Filed 11–16–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0707; FRL–9059–02–
R4]
Air Plan Approval; North Carolina:
Mecklenburg Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing 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 Air Quality (NCDAQ), on
behalf of Mecklenburg County Air
Quality 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) ambient
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SUMMARY:
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air quality rules incorporated into the
LIP and adds one new rule for fine
particulate matter (PM2.5). EPA is
approving these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective December
17, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0707. 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:
Pearlene Williams, 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–
9144. Ms. Williams can also be reached
via electronic mail at
williams.pearlene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Mecklenburg County LIP was
originally submitted to EPA on June 14,
1990, and EPA approved the plan on
May 2, 1991. See 56 FR 20140.
Mecklenburg County prepared three
submittals in order to modify the LIP
for, among other things, general
consistency with the North Carolina
SIP.1 The three submittals were
submitted to EPA as follows: NCDAQ
transmitted the October 25, 2017,
1 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.
PO 00000
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64073
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,
2020.2
On September 24, 2021, EPA
published a Notice of Proposed
Rulemaking (NPRM) proposing to
approve the April 24, 2020, SIP revision
regarding updates to Mecklenburg’s
ambient air quality standard rules, as
well as the addition of a PM2.5 rule. The
NPRM provides additional detail
regarding the background and rationale
for EPA’s action. Comments on the
NPRM were due on or before October
25, 2021. EPA received no comments on
the September 24, NPRM.
III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Mecklenburg County
Pollution Control Ordinance Rules
2.0401—Purpose; 2.0402—Sulfur
Oxides; 2.0404—Carbon Monoxide;
2.0405—Ozone; 2.0407—Nitrogen
Dioxide; 2.0408—Lead; and 2.0410—
PM2.5 Particulate Matter, all which have
an effective date of December 18, 2018;
as well as Rule 2.0403—Total
Suspended Particulates, with an
effective date of December 15, 2015.
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
2 EPA notes that the April 24, 2020, submittal was
received by EPA on June 19, 2020.
3 See 62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Rules and Regulations
IV. Final Action
EPA is finalizing regulatory text that
incorporates into the LIP changes to
MCAPCO Rules 2.0401—Purpose;
2.0402—Sulfur Oxides; 2.0404—Carbon
Monoxide; 2.0405—Ozone; 2.0407—
Nitrogen Dioxide; and 2.0408—Lead, as
well as the addition of Rule 2.0410—
PM2.5 Particulate Matter, all which have
an effective date of December 18, 2018.
Additionally, EPA is approving and
incorporating into the LIP Rule 2.0403
—Total Suspended Particulates with an
effective date of December 15, 2015.
EPA is taking final action to approve
these changes because they are
consistent with the CAA.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• 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 January 18, 2022. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic
compounds.
Dated: November 8, 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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. In § 52.1770, amend the table in
paragraph (c)(3) under ‘‘Section 2.0400
Ambient Air Quality Standards’’ by:
■ a. Revising the entries for ‘‘Section
2.0401,’’ ‘‘Section 2.0402,’’ ‘‘Section
2.0403,’’ ‘‘Section 2.0404,’’ ‘‘Section
2.0405,’’ ‘‘Section 2.0407,’’ and ‘‘Section
2.0408,’’ and
■ b. Adding a new entry for ‘‘Rule
2.0410’’ in numerical order after the
entry for ‘‘Section 2.0409.’’
The revisions read as follows:
■
§ 52.1770
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Identification of plan.
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(c) * * *
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(3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS
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State citation
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Title/subject
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Article 2.0000
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PO 00000
State effective
date
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EPA approval date
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Air Pollution Control Regulations and Procedures
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Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Rules and Regulations
(3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS—Continued
State citation
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Section 2.0400
12/18/2018
Rule 2.0402 ................................
Sulfur Oxides ..............................
12/18/2018
Rule 2.0403 ................................
Total Suspended Particulates ....
12/15/2015
Rule 2.0404 ................................
Carbon Monoxide .......................
12/18/2018
Rule 2.0405 ................................
Ozone .........................................
12/18/2018
Rule 2.0407 ................................
Nitrogen Dioxide .........................
12/18/2018
Rule 2.0408 ................................
Lead ...........................................
12/18/2018
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Rule 2.0410 ................................
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PM2.5 Particulate Matter .............
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[FR Doc. 2021–24942 Filed 11–16–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 73
[Docket No. CDC–2021–0119]
RIN 0920–AA79
Possession, Use, and Transfer of
Select Agents and Toxins—Addition of
SARS–CoV/SARS–CoV–2 Chimeric
Viruses Resulting From Any Deliberate
Manipulation of SARS–CoV–2 To
Incorporate Nucleic Acids Coding for
SARS–CoV Virulence Factors to the
HHS List of Select Agents and Toxins
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Interim final rule.
AGENCY:
The Centers for Disease
Control and Prevention (CDC) located
within the Department of Health and
Human Services (HHS) is amending its
select agents and toxins regulations to
add SARS–CoV/SARS–CoV–2 chimeric
viruses resulting from any deliberate
manipulation of SARS–CoV–2 to
incorporate nucleic acids coding for
SARS–CoV virulence factors to the list
of HHS select agents and toxins. HHS/
CDC intends to regulate this agent and
to require the regulated entity to obtain
prior approval from CDC to conduct
SUMMARY:
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12/18/2018
11/17/2021, [Insert
publication].
11/17/2021, [Insert
publication].
11/17/2021, [Insert
publication].
11/17/2021, [Insert
publication].
11/17/2021, [Insert
publication].
11/17/2021, [Insert
publication].
11/17/2021, [Insert
publication].
*
Fmt 4700
citation of
citation of
citation of
citation of
citation of
citation of
citation of
*
*
11/17/2021, [Insert citation of
publication].
*
deliberate manipulation of SARS–CoV–
2 to incorporate nucleic acids coding for
SARS–CoV virulence factors because
these chimeric viruses have the
potential to pose a severe threat to
public health and safety.
DATES: Effective date: The interim final
rule is effective on November 17, 2021.
Comments due date: Written
comments must be submitted on or
before January 18, 2022.
Applicability dates: By December 17,
2021, all entities that possess SARS–
CoV/SARS–CoV–2 chimeric viruses
resulting from any deliberate
manipulation of SARS–CoV–2 to
incorporate nucleic acids coding for
SARS–CoV virulence factors must
provide notice to the Federal Select
Agent Program regarding their
possession of this agent. By February 15,
2022, all entities that possess, use, or
transfer this agent must register (or
amend an existing registration) and
obtain a certificate of registration (or an
amended certificate of registration) that
includes this agent, in accordance with
42 CFR 73.7 and 73.7(i), respectively,
and must meet all of the requirements
of select agent regulations.
ADDRESSES: You may submit comments,
identified by Docket No. CDC–2021–
0119 or Regulation Identifier Number
(RIN) 0920–AA79, by either of the
methods listed below. Do not submit
comments by email. CDC does not
accept comments by email.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
PO 00000
Explanation
Ambient Air Quality Standards
Purpose ......................................
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EPA approval date
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Rule 2.0401 ................................
*
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State effective
date
Title/subject
Sfmt 4700
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• Mail: Division of Select Agents and
Toxins, Centers for Disease Control and
Prevention, 1600 Clifton Road NE,
Mailstop H21–7, Atlanta, Georgia 30329,
ATTN: RIN 0920–AA79.
Instructions: All submissions received
must include the agency name and RIN
for this rulemaking. All relevant
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
access to the docket to read background
documents or comments received, go to
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Samuel S. Edwin, Ph.D., Director,
Division of Select Agents and Toxins,
Centers for Disease Control and
Prevention, 1600 Clifton Road NE,
Mailstop H21–7, Atlanta, Georgia 30329.
Telephone: (404) 718–2000. Email:
lrsat@cdc.gov.
SUPPLEMENTARY INFORMATION: The
interim final rule is organized as
follows:
I. Public Participation
II. Background
A. Legal Authority
B. Historical Background to This
Rulemaking
III. Rationale for an Interim Final Rule
IV. Required Regulatory Analyses
A. Executive Orders 12866 and 13563
B. The Regulatory Flexibility Act
C. Paperwork Reduction Act of 1995
D. E.O. 12988: Civil Justice Reform
E. E.O. 13132: Federalism
F. Plain Language Act of 2010
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Rules and Regulations]
[Pages 64073-64075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24942]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0707; FRL-9059-02-R4]
Air Plan Approval; North Carolina: Mecklenburg Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing 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 Air
Quality (NCDAQ), on behalf of Mecklenburg County Air Quality 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) ambient air quality rules incorporated into the LIP
and adds one new rule for fine particulate matter (PM2.5).
EPA is approving these changes pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective December 17, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0707. 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: Pearlene Williams, 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) 562-9144. Ms. Williams can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Mecklenburg County LIP was originally submitted to EPA on June
14, 1990, and EPA approved the plan on May 2, 1991. See 56 FR 20140.
Mecklenburg County prepared three submittals in order to modify the LIP
for, among other things, general consistency with the North Carolina
SIP.\1\ 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.\2\
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\1\ 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.
\2\ EPA notes that the April 24, 2020, submittal was received by
EPA on June 19, 2020.
---------------------------------------------------------------------------
On September 24, 2021, EPA published a Notice of Proposed
Rulemaking (NPRM) proposing to approve the April 24, 2020, SIP revision
regarding updates to Mecklenburg's ambient air quality standard rules,
as well as the addition of a PM2.5 rule. The NPRM provides
additional detail regarding the background and rationale for EPA's
action. Comments on the NPRM were due on or before October 25, 2021.
EPA received no comments on the September 24, NPRM.
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Mecklenburg
County Pollution Control Ordinance Rules 2.0401--Purpose; 2.0402--
Sulfur Oxides; 2.0404--Carbon Monoxide; 2.0405--Ozone; 2.0407--Nitrogen
Dioxide; 2.0408--Lead; and 2.0410--PM2.5 Particulate Matter, all which
have an effective date of December 18, 2018; as well as Rule 2.0403--
Total Suspended Particulates, with an effective date of December 15,
2015. 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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[[Page 64074]]
IV. Final Action
EPA is finalizing regulatory text that incorporates into the LIP
changes to MCAPCO Rules 2.0401--Purpose; 2.0402--Sulfur Oxides;
2.0404--Carbon Monoxide; 2.0405--Ozone; 2.0407--Nitrogen Dioxide; and
2.0408--Lead, as well as the addition of Rule 2.0410--PM2.5 Particulate
Matter, all which have an effective date of December 18, 2018.
Additionally, EPA is approving and incorporating into the LIP Rule
2.0403 --Total Suspended Particulates with an effective date of
December 15, 2015. EPA is taking final action to approve these changes
because they are consistent with the CAA.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
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 January 18, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic compounds.
Dated: November 8, 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) under
``Section 2.0400 Ambient Air Quality Standards'' by:
0
a. Revising the entries for ``Section 2.0401,'' ``Section 2.0402,''
``Section 2.0403,'' ``Section 2.0404,'' ``Section 2.0405,'' ``Section
2.0407,'' and ``Section 2.0408,'' and
0
b. Adding a new entry for ``Rule 2.0410'' in numerical order after the
entry for ``Section 2.0409.''
The revisions read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(3) EPA Approved Mecklenburg County Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 2.0000 Air Pollution Control Regulations and Procedures
----------------------------------------------------------------------------------------------------------------
[[Page 64075]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 2.0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Rule 2.0401................... Purpose.......... 12/18/2018 11/17/2021,
[Insert
citation of
publication].
Rule 2.0402................... Sulfur Oxides.... 12/18/2018 11/17/2021,
[Insert
citation of
publication].
Rule 2.0403................... Total Suspended 12/15/2015 11/17/2021,
Particulates. [Insert
citation of
publication].
Rule 2.0404................... Carbon Monoxide.. 12/18/2018 11/17/2021,
[Insert
citation of
publication].
Rule 2.0405................... Ozone............ 12/18/2018 11/17/2021,
[Insert
citation of
publication].
Rule 2.0407................... Nitrogen Dioxide. 12/18/2018 11/17/2021,
[Insert
citation of
publication].
Rule 2.0408................... Lead............. 12/18/2018 11/17/2021,
[Insert
citation of
publication].
* * * * * * *
Rule 2.0410................... PM2.5 Particulate 12/18/2018 11/17/2021,
Matter. [Insert
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-24942 Filed 11-16-21; 8:45 am]
BILLING CODE 6560-50-P
