Air Plan Approval; North Carolina: Mecklenburg General Provisions, 1356-1358 [2022-00029]
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Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Rules and Regulations
2. Add § 165.1343 to read as follows:
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§ 165.1343 Regulated navigation area; NW
Natural PGM Site, Willamette River,
Portland, OR.
(a) Location. The following area is a
regulated navigation area (RNA): All
navigable waters of the Willamette River
adjacent to the NW Natural Portland Gas
Manufacturing (PGM) site, encompassed
by a line connecting the following
points beginning at 45°31′33.8″ N,
122°40′11.6″ W; thence to 45°31′33.9″ N,
122°40′11.2″ W; thence to 45°31′32.7″ N,
122°40′10.7″ W; thence to 45°31′32.9″ N,
122°40′09.4″ W; thence to 45°31′32.2″ N,
122°40′08.8″ W; thence to 45°31′32.2″ N,
122°40′07.9″ W; thence to 45°31′31.4″ N,
122°40′07.6″ W; thence to 45°31′30.9″ N,
122°40′10.7″ W; and along the shoreline
back to the beginning point. These
coordinates are based on North
American Datum 83 (NAD 83).
Geographically this location starts on
the west bank of the Willamette River at
approximately river mile 12.2, 100 yards
south of the Steel Bridge.
(b) Regulations. In addition to the
general RNA regulations in § 165.13, the
following regulations apply to the RNA
described in paragraph (a) of this
section.
(1) Sediment disturbance activities
including dredging, spudding, and
vessel anchoring require advance
consultation with the Oregon
Department of Environmental Quality
and obtain prior approval from the
Coast Guard Captain of the Port Sector
Columbia River (COTP) to prevent
exposure of buried contamination and/
or damage to the remedial cap. Contact
Oregon DEQ at 503–229–5245, or
alternatively, call 811 prior to any
sediment disturbance activity. Any
work within 10 feet of the seawall is
prohibited unless there is advance
consultation and approval by the City of
Portland, DEQ and the COTP. All
vessels and persons are prohibited from
anchoring, dredging, laying cable,
dragging, seining, bottom fishing,
conducting salvage operations, or any
other activity which could potentially
disturb the riverbed in the designated
area. Vessels may otherwise transit or
navigate within this area.
(2) The regulations described in
paragraph (b)(1) of this section do not
apply to vessels or persons engaged in
activities associated with remediation
efforts in the NW Natural PGM Site,
provided that the COTP is given
advance notice of those activities by
Oregon DEQ.
(c) Contact information. If you
observe violations of the regulations in
this section, you may notify the COTP
VerDate Sep<11>2014
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by email, at D13-SMBMSUPortlandWWM@uscg.mil.
Dated: November 24, 2021.
M.W. Bouboulis,
RADM, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2022–00199 Filed 1–10–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0705; FRL–9235–02–
R4]
Air Plan Approval; North Carolina:
Mecklenburg General Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a State Implementation Plan (SIP)
revision to the Mecklenburg County
portion of the North Carolina SIP,
hereinafter referred to as the
Mecklenburg County Local
Implementation Plan (LIP). The revision
was submitted through the North
Carolina Division 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,
including updating and revising certain
definitions. EPA is approving these
changes pursuant to the Clean Air Act
(CAA or Act).
DATES: This rule is effective February
10, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0705. 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,
SUMMARY:
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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,
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
II. What action is EPA taking?
On April 24, 2020, NCDAQ submitted
to EPA changes to the MCAPCO to be
incorporated into the LIP.3 The January
14, 2019, portion of this submission
includes changes to Rules 1.5102—
Definition of Terms and 1.5111—
General Recordkeeping, Reporting and
Monitoring Requirements of MCAPCO
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 The April 24, 2020, submittal was received by
EPA on June 19, 2020.
3 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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Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Rules and Regulations
Article 1.0000—Permitting Provisions
for Air Pollution Sources, Rules and
Operating Regulations for Acid Rain
Sources, Title V and Toxic Air
Pollutants. The January 21, 2016 portion
of this submission includes changes and
updates to Rule 1.5104—General Duties
and Powers of the Director, With the
Approval of the Board of MCAPCO
Article 1.0000.
On November 17, 2021, EPA
published a Notice of Proposed
Rulemaking (NPRM) proposing to
approve the April 24, 2020, SIP revision
regarding updates to Mecklenburg’s
general provisions and administrations
rules. See 86 FR 64108. The NPRM
provides additional detail regarding the
background and rationale for EPA’s
action. Comments on the November 17,
2021, NPRM were due on or before
December 17, 2021. EPA received no
comments on the November 17, 2021,
NPRM.
EPA is approving the incorporation of
the aforementioned revisions to the
MCAPCO rules into the Mecklenburg
LIP because these rules add clarity to
the LIP and are consistent with the CAA
and applicable regulations.
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III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, EPA is finalizing the
incorporation by reference of MCAPCO
Rules 1.5102—Definition of Terms and
1.5111—General Recordkeeping,
Reporting and Monitoring
Requirements, both which have an
effective date of December 18, 2018; as
well as Rule 1.5104—General Duties
and Powers of the Director, With the
Approval of the Board, with an effective
date of December 15, 2015, 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.4
4 See
62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is finalizing regulatory text that
incorporates into the Mecklenburg
County LIP revisions to MCAPCO Rules
1.5102—Definition of Terms and
1.5111—General Recordkeeping,
Reporting and Monitoring
Requirements, effective on December
18, 2018, as well as Rule 1.5104—
General Duties and Powers of the
Director, With the Approval of the
Board, effective on 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 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
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1357
• 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 March 14, 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, Incorporation by
reference, Intergovernmental relations,
Reporting, and recordkeeping
requirements.
Dated: December 29, 2021.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
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Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1.5111,’’ in their place to read as
follows:
Subpart II—North Carolina
2. In § 52.1770, in paragraph (c),
amend table (3) by removing the entries
for ‘‘Section 1.5102,’’ ‘‘Section 1.5104,’’
and ‘‘Section 1.5111,’’ and adding ‘‘Rule
1.5102,’’ ‘‘Rule 1.5104,’’ and ‘‘Rule
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS
State citation
State
effective
date
Title/subject
*
*
Article 1.0000
*
*
*
*
Explanation
*
Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain Sources, Title V and
Toxic Air Pollutants
Section 1.5100
General Provisions and Administrations
*
Rule 1.5102 ...
*
*
Definition of Terms .........................................
*
12/18/2018
*
*
1/11/2022, [Insert citation of publication].
*
*
Rule 1.5104 ...
*
*
General Duties and Powers of the Director,
With the Approval of the Board.
General Recordkeeping, Reporting and Monitoring Requirements.
*
12/15/2015
*
*
1/11/2022, [Insert citation of publication].
*
12/18/2018
1/11/2022, [Insert citation of publication].
Rule 1.5111 ...
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0430; FRL–9060–02–
R4]
Air Plan Approval; North Carolina;
Minor Revisions to Cotton Ginning
Operations Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the North Carolina State
Implementation Plan (SIP) submitted by
the State of North Carolina Department
of Environmental Quality, Division of
Air Quality, via a letter dated April 13,
2021, and received by EPA on April 14,
2021. This revision contains minor
clarifying and typographical edits to
North Carolina’s cotton ginning
operations rule. EPA is finalizing
approval of these changes pursuant to
the Clean Air Act (CAA or Act).
DATES: This rule is effective February
10, 2022.
SUMMARY:
VerDate Sep<11>2014
17:25 Jan 10, 2022
*
*
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0430. 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.
ADDRESSES:
[FR Doc. 2022–00029 Filed 1–10–22; 8:45 am]
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EPA approval date
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FOR FURTHER INFORMATION CONTACT:
Pearlene Williams, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
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*
*
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. Overview
On April 14, 2021, the State of North
Carolina submitted changes to the North
Carolina SIP for EPA approval. EPA is
approving these changes to 15A North
Carolina Administrative Code (NCAC)
Subchapter 02D,1 Rule .0542—Control
of Particulate Emissions from Cotton
Ginning Operations which establishes
control requirements for particulate
emissions from cotton ginning
operations.
II. Analysis of North Carolina’s SIP
Revision
North Carolina’s SIP revision contains
minor clarifying and typographical edits
to the text of Rule .0542.2 Details
regarding the background for these
changes may be found in the notice of
1 In the table of North Carolina regulations
federally approved into the SIP at 40 CFR
52.1770(c), 15A NCAC 02D is referred to as
‘‘Subchapter 2D Air Pollution Control
Requirements.’’
2 See North Carolina’s April 14, 2021, SIP
revision at pp. 82–86 (of the pdf file available in
the docket for this rulemaking) to review a redline
version of the rule showing all changes.
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]]>Agencies
[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Rules and Regulations]
[Pages 1356-1358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00029]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0705; FRL-9235-02-R4]
Air Plan Approval; North Carolina: Mecklenburg General Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a State Implementation Plan (SIP) revision to the
Mecklenburg County portion of the North Carolina SIP, hereinafter
referred to as the Mecklenburg County Local Implementation Plan (LIP).
The revision was submitted through the North Carolina Division 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, including
updating and revising certain definitions. EPA is approving these
changes pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective February 10, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0705. 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\ The April 24, 2020, submittal was received by EPA on June
19, 2020.
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II. What action is EPA taking?
On April 24, 2020, NCDAQ submitted to EPA changes to the MCAPCO to
be incorporated into the LIP.\3\ The January 14, 2019, portion of this
submission includes changes to Rules 1.5102--Definition of Terms and
1.5111--General Recordkeeping, Reporting and Monitoring Requirements of
MCAPCO
[[Page 1357]]
Article 1.0000--Permitting Provisions for Air Pollution Sources, Rules
and Operating Regulations for Acid Rain Sources, Title V and Toxic Air
Pollutants. The January 21, 2016 portion of this submission includes
changes and updates to Rule 1.5104--General Duties and Powers of the
Director, With the Approval of the Board of MCAPCO Article 1.0000.
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
On November 17, 2021, EPA published a Notice of Proposed Rulemaking
(NPRM) proposing to approve the April 24, 2020, SIP revision regarding
updates to Mecklenburg's general provisions and administrations rules.
See 86 FR 64108. The NPRM provides additional detail regarding the
background and rationale for EPA's action. Comments on the November 17,
2021, NPRM were due on or before December 17, 2021. EPA received no
comments on the November 17, 2021, NPRM.
EPA is approving the incorporation of the aforementioned revisions
to the MCAPCO rules into the Mecklenburg LIP because these rules add
clarity to the LIP and are consistent with the CAA and applicable
regulations.
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of MCAPCO
Rules 1.5102--Definition of Terms and 1.5111--General Recordkeeping,
Reporting and Monitoring Requirements, both which have an effective
date of December 18, 2018; as well as Rule 1.5104--General Duties and
Powers of the Director, With the Approval of the Board, with an
effective date of December 15, 2015, 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.\4\
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\4\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is finalizing regulatory text that incorporates into the
Mecklenburg County LIP revisions to MCAPCO Rules 1.5102--Definition of
Terms and 1.5111--General Recordkeeping, Reporting and Monitoring
Requirements, effective on December 18, 2018, as well as Rule 1.5104--
General Duties and Powers of the Director, With the Approval of the
Board, effective on 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 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 March 14, 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, Incorporation by
reference, Intergovernmental relations, Reporting, and recordkeeping
requirements.
Dated: December 29, 2021.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
[[Page 1358]]
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, in paragraph (c), amend table (3) by removing the
entries for ``Section 1.5102,'' ``Section 1.5104,'' and ``Section
1.5111,'' and adding ``Rule 1.5102,'' ``Rule 1.5104,'' and ``Rule
1.5111,'' in their place 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 1.5100 General Provisions and Administrations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule 1.5102............. Definition of Terms.. 12/18/2018 1/11/2022, [Insert
citation of
publication].
* * * * * * *
Rule 1.5104............. General Duties and 12/15/2015 1/11/2022, [Insert
Powers of the citation of
Director, With the publication].
Approval of the
Board.
Rule 1.5111............. General 12/18/2018 1/11/2022, [Insert
Recordkeeping, citation of
Reporting and publication].
Monitoring
Requirements.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-00029 Filed 1-10-22; 8:45 am]
BILLING CODE 6560-50-P
