Air Plan Approval; North Carolina; Mecklenburg Air Quality Permit Rules Revisions, 68411-68413 [2021-26141]
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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0354; FRL–8958–02–
R4]
Air Plan Approval; North Carolina;
Mecklenburg Air Quality Permit Rules
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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 approving these
changes pursuant to the Clean Air Act
(CAA or Act).
DATES: This rule is effective January 3,
2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0354. 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
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SUMMARY:
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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
In a notice of proposed rulemaking
(NPRM) published on September 17,
2021 (86 FR 51848), 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 SIPapproved North Carolina regulations.1
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—
Permitting of Numerous Similar
Facilities; 1.5222—Permitting of
Facilities at Multiple Temporary Sites;
and 1.5232—Issuance, Revocation, and
Enforcement of Permits.2 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.3
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 September 17, 2021, NPRM
provides detail regarding the
background and rationale for EPA’s
action. Comments were due on or before
October 18, 2021, and EPA received
1 EPA notes that the April 24, 2020, submittal was
received by EPA on June 19, 2020.
2 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.
3 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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68411
three comment submittals. Two
submittals are from one individual
(hereinafter the ‘‘Commenter’’), are
similar in nature, and are addressed
below. The third submittal simply
thanked EPA. These comments are
available in the docket for this action.
Comment: The Commenter is
disappointed that the majority of the
MCAPCO rules have not been updated
by EPA, NCDAQ, or MCAQ since 2003
and notes that recent discoveries have
been made regarding the detrimental
effects of air pollution in urban areas
such as Mecklenburg County. The
Commenter is pleased that changes are
being made to the MCAPCO rules and
states that continuously reviewing and
updating air pollution regulations in
Mecklenburg County is vital to the
public health and wellbeing of local
residents.
Response: EPA does not have the
authority to modify Mecklenburg
County’s air quality rules. However, the
County has updated a number of its
MCAPCO rules since 2003 and
submitted many of these updates to EPA
for incorporation into the LIP through
the State’s April 24, 2020 SIP revision.
In this rulemaking, EPA is acting solely
to incorporate the rules identified
earlier in this section and discussed in
the NPRM. The Agency will address the
remainder of the rules contained in the
SIP revision in separate actions.
The CAA establishes a system of
cooperative federalism that sets specific
roles for EPA and the states. In this
system, EPA provides national
leadership and sets national standards
for environmental protection such as the
National Ambient Air Quality Standards
(NAAQS).4 Pursuant to CAA sections
108 and 109, EPA must thoroughly
review each NAAQS every five years to
account for the latest scientific
knowledge regarding the effects of the
air pollutant on public health and
welfare.5 EPA solicits public comment
as part of each five-year review and
invites the Commenter to share recent
scientific discoveries regarding air
pollution during those comment
periods.
While EPA sets the NAAQS, states
play a primary role in implementation.
Under CAA section 110, states have
broad discretion to choose the mix of
emission limitations and other control
measures, means, or techniques that
they will implement (or update) through
4 See https://www.epa.gov/criteria-air-pollutants/
naaqs-table for information regarding the current
NAAQS.
5 See https://www.epa.gov/criteria-air-pollutants/
process-reviewing-national-ambient-air-qualitystandards for information regarding EPA’s five-year
NAAQS review process.
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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
a SIP to provide for attainment and
maintenance of the NAAQS. EPA’s role,
with respect to a SIP revision, is focused
on reviewing the submission to
determine whether it meets the
minimum criteria of the CAA. Where it
does, EPA must approve the
submission. When approving a SIP
revision, the Agency is not establishing
its own requirements for the state to
implement. If, at any time, EPA finds
that a SIP is inadequate to attain or
maintain the relevant NAAQS or
otherwise does not comply with the
CAA, EPA has the authority under CAA
section 110(k)(5) to require the state to
revise its SIP to correct such
inadequacies.
EPA agrees that air pollution is
detrimental to human health and
welfare and appreciates the
Commenter’s support for this action.
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II. 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 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).
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.6
6 See
62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing approval of changes
to LIP-approved MCAPCO Rules
1.5212—Applications; 1.5213—Action
on Application; Issuance of Permit;
1.5214—Commencement of Operation;
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 taking final action
to approve these changes to the LIP
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);
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• 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 31, 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,
Intergovernmental relations, Lead,
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Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
‘‘Section 1.5217,’’ ‘‘Section 1.5218,’’
‘‘Section 1.5219,’’ ‘‘Section 1.5220,’’
‘‘Section 1.5221,’’ ‘‘Section 1.5222,’’ and
‘‘Section 1.5232’’ and adding in their
place entries for ‘‘Rule 1.5212,’’ ‘‘Rule
1.5213,’’ ‘‘Rule 1.5214,’’ ‘‘Rule 1.5215,’’
‘‘Rule 1.5217,’’ ‘‘Rule 1.5218,’’ ‘‘Rule
1.5219,’’ ‘‘Rule 1.5220,’’ ‘‘Rule 1.5221,’’
‘‘Rule 1.5222,’’ and ‘‘Rule 1.5232’’ to
read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Dated: November 26, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
Authority: 42 U.S.C. 7401 et seq.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
Subpart II—North Carolina
2. In § 52.1770(c)(3), the table is
amended by removing the entries for
‘‘Section 1.5212,’’ ‘‘Section 1.5213,’’
‘‘Section 1.5214,’’ ‘‘Section 1.5215,’’
■
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS
State citation
State
effective
date
Title/subject
Article 1.0000
*
*
*
Section 1.5200
*
1.5212
1.5213
1.5214
1.5215
1.5217
1.5218
.......
.......
.......
.......
.......
.......
Rule
Rule
Rule
Rule
1.5219
1.5220
1.5221
1.5222
.......
.......
.......
.......
*
Rule 1.5232 .......
*
*
*
*
*
Air Quality Permits
*
12/18/2018
12/18/2018
12/15/2015
12/18/2018
12/18/2018
12/18/2018
*
12/2/2021,
12/2/2021,
12/2/2021,
12/2/2021,
12/2/2021,
12/2/2021,
[Insert
[Insert
[Insert
[Insert
[Insert
[Insert
citation
citation
citation
citation
citation
citation
of
of
of
of
of
of
*
publication]
publication]
publication]
publication]
publication]
publication]
.....
.....
.....
.....
.....
.....
12/18/2018
12/18/2018
12/18/2018
12/18/2018
12/2/2021,
12/2/2021,
12/2/2021,
12/2/2021,
[Insert
[Insert
[Insert
[Insert
citation
citation
citation
citation
of
of
of
of
publication]
publication]
publication]
publication]
.....
.....
.....
......
*
*
Issuance, Revocation, and Enforcement of
Permits.
*
12/18/2018
*
*
12/2/2021, [Insert citation of publication] .....
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0156; FRL–8697–02–
R4]
Air Plan Approval; FL, GA, NC, SC;
Interstate Transport (Prongs 1 and 2)
for the 2015 8-Hour Ozone Standard
lotter on DSK11XQN23PROD with RULES1
*
*
*
Applications ..................................................
Action on Application; Issuance of Permit ....
Commencement of Operation ......................
Application Processing Schedule .................
Confidential Information ................................
Compliance Schedule for Previously Exempted Activities.
Retention of Permit at Permitted Facility ......
Applicability Determination ...........................
Permitting of Numerous Similar Facilities ....
Permitting of Facilities at Multiple Temporary Sites.
[FR Doc. 2021–26141 Filed 12–1–21; 8:45 am]
16:00 Dec 01, 2021
Jkt 256001
This rule is effective January 3,
2022.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0156. All documents in the docket
are listed on the www.regulations.gov
ADDRESSES:
The Environmental Protection
Agency (EPA or Agency) is approving
State Implementation Plan (SIP)
SUMMARY:
submissions from Florida, Georgia,
North Carolina, and South Carolina,
addressing the Clean Air Act (CAA or
Act) Good Neighbor interstate transport
infrastructure SIP requirements for the
2015 8-hour ozone National Ambient
Air Quality Standard (NAAQS or
standards). EPA has determined that
each state’s SIP contains adequate
provisions to prohibit emissions that
will significantly contribute to
nonattainment or interfere with
maintenance of the 2015 ozone NAAQS
in any other state. This action is being
taken in accordance with the CAA.
DATES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
Explanation
Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain Sources, Title V and
Toxic Air Pollutants
*
Rule
Rule
Rule
Rule
Rule
Rule
EPA approval date
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*
*
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
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]]>Agencies
[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Rules and Regulations]
[Pages 68411-68413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26141]
[[Page 68411]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0354; FRL-8958-02-R4]
Air Plan Approval; North Carolina; Mecklenburg Air Quality Permit
Rules Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving these changes pursuant to the Clean Air
Act (CAA or Act).
DATES: This rule is effective January 3, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0354. 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 and Overview
In a notice of proposed rulemaking (NPRM) published on September
17, 2021 (86 FR 51848), 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-approved North Carolina
regulations.\1\ 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--Permitting of Numerous Similar Facilities;
1.5222--Permitting of Facilities at Multiple Temporary Sites; and
1.5232--Issuance, Revocation, and Enforcement of Permits.\2\
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.\3\ 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.
---------------------------------------------------------------------------
\1\ EPA notes that the April 24, 2020, submittal was received by
EPA on June 19, 2020.
\2\ 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.
\3\ 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).
---------------------------------------------------------------------------
The September 17, 2021, NPRM provides detail regarding the
background and rationale for EPA's action. Comments were due on or
before October 18, 2021, and EPA received three comment submittals. Two
submittals are from one individual (hereinafter the ``Commenter''), are
similar in nature, and are addressed below. The third submittal simply
thanked EPA. These comments are available in the docket for this
action.
Comment: The Commenter is disappointed that the majority of the
MCAPCO rules have not been updated by EPA, NCDAQ, or MCAQ since 2003
and notes that recent discoveries have been made regarding the
detrimental effects of air pollution in urban areas such as Mecklenburg
County. The Commenter is pleased that changes are being made to the
MCAPCO rules and states that continuously reviewing and updating air
pollution regulations in Mecklenburg County is vital to the public
health and wellbeing of local residents.
Response: EPA does not have the authority to modify Mecklenburg
County's air quality rules. However, the County has updated a number of
its MCAPCO rules since 2003 and submitted many of these updates to EPA
for incorporation into the LIP through the State's April 24, 2020 SIP
revision. In this rulemaking, EPA is acting solely to incorporate the
rules identified earlier in this section and discussed in the NPRM. The
Agency will address the remainder of the rules contained in the SIP
revision in separate actions.
The CAA establishes a system of cooperative federalism that sets
specific roles for EPA and the states. In this system, EPA provides
national leadership and sets national standards for environmental
protection such as the National Ambient Air Quality Standards
(NAAQS).\4\ Pursuant to CAA sections 108 and 109, EPA must thoroughly
review each NAAQS every five years to account for the latest scientific
knowledge regarding the effects of the air pollutant on public health
and welfare.\5\ EPA solicits public comment as part of each five-year
review and invites the Commenter to share recent scientific discoveries
regarding air pollution during those comment periods.
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\4\ See https://www.epa.gov/criteria-air-pollutants/naaqs-table
for information regarding the current NAAQS.
\5\ See https://www.epa.gov/criteria-air-pollutants/process-reviewing-national-ambient-air-quality-standards for information
regarding EPA's five-year NAAQS review process.
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While EPA sets the NAAQS, states play a primary role in
implementation. Under CAA section 110, states have broad discretion to
choose the mix of emission limitations and other control measures,
means, or techniques that they will implement (or update) through
[[Page 68412]]
a SIP to provide for attainment and maintenance of the NAAQS. EPA's
role, with respect to a SIP revision, is focused on reviewing the
submission to determine whether it meets the minimum criteria of the
CAA. Where it does, EPA must approve the submission. When approving a
SIP revision, the Agency is not establishing its own requirements for
the state to implement. If, at any time, EPA finds that a SIP is
inadequate to attain or maintain the relevant NAAQS or otherwise does
not comply with the CAA, EPA has the authority under CAA section
110(k)(5) to require the state to revise its SIP to correct such
inadequacies.
EPA agrees that air pollution is detrimental to human health and
welfare and appreciates the Commenter's support for this action.
II. 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 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). 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.\6\
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\6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing approval of changes to LIP-approved MCAPCO Rules
1.5212--Applications; 1.5213--Action on Application; Issuance of
Permit; 1.5214--Commencement of Operation; 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 taking final action
to approve these changes to the LIP 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 January 31, 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, Intergovernmental relations, Lead,
[[Page 68413]]
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 26, 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(c)(3), the table is amended by removing the entries
for ``Section 1.5212,'' ``Section 1.5213,'' ``Section 1.5214,''
``Section 1.5215,'' ``Section 1.5217,'' ``Section 1.5218,'' ``Section
1.5219,'' ``Section 1.5220,'' ``Section 1.5221,'' ``Section 1.5222,''
and ``Section 1.5232'' and adding in their place entries for ``Rule
1.5212,'' ``Rule 1.5213,'' ``Rule 1.5214,'' ``Rule 1.5215,'' ``Rule
1.5217,'' ``Rule 1.5218,'' ``Rule 1.5219,'' ``Rule 1.5220,'' ``Rule
1.5221,'' ``Rule 1.5222,'' and ``Rule 1.5232'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(3) EPA Approved Mecklenburg County Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 1.5200 Air Quality Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule 1.5212.................. Applications............ 12/18/2018 12/2/2021, [Insert ..............
citation of
publication].
Rule 1.5213.................. Action on Application; 12/18/2018 12/2/2021, [Insert ..............
Issuance of Permit. citation of
publication].
Rule 1.5214.................. Commencement of 12/15/2015 12/2/2021, [Insert ..............
Operation. citation of
publication].
Rule 1.5215.................. Application Processing 12/18/2018 12/2/2021, [Insert ..............
Schedule. citation of
publication].
Rule 1.5217.................. Confidential Information 12/18/2018 12/2/2021, [Insert ..............
citation of
publication].
Rule 1.5218.................. Compliance Schedule for 12/18/2018 12/2/2021, [Insert ..............
Previously Exempted citation of
Activities. publication].
Rule 1.5219.................. Retention of Permit at 12/18/2018 12/2/2021, [Insert ..............
Permitted Facility. citation of
publication].
Rule 1.5220.................. Applicability 12/18/2018 12/2/2021, [Insert ..............
Determination. citation of
publication].
Rule 1.5221.................. Permitting of Numerous 12/18/2018 12/2/2021, [Insert ..............
Similar Facilities. citation of
publication].
Rule 1.5222.................. Permitting of Facilities 12/18/2018 12/2/2021, [Insert ..............
at Multiple Temporary citation of
Sites. publication].
* * * * * * *
Rule 1.5232.................. Issuance, Revocation, 12/18/2018 12/2/2021, [Insert ..............
and Enforcement of citation of
Permits. publication].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-26141 Filed 12-1-21; 8:45 am]
BILLING CODE 6560-50-P
