Air Plan Approval; North Carolina; Mecklenburg: Source Testing, 3663-3666 [2022-01302]
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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
244.400,’’ ‘‘62–244.500,’’ and ‘‘62–
244.600.’’
[FR Doc. 2022–01303 Filed 1–24–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0033; FRL–9278–02–
R4]
Air Plan Approval; North Carolina;
Mecklenburg: Source Testing
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 of Air Quality
(NCDAQ), on behalf of Mecklenburg
County Air Pollution Control (MCAQ),
via a letter dated April 24, 2020, which
was received by EPA on June 19, 2020.
This SIP revision includes changes to
Mecklenburg County Air Pollution
Control Ordinance (MCAPCO) rules
incorporated into the LIP regarding
performance testing for stationary
sources of air pollution. EPA is
approving these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective February
24, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0033. 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
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SUMMARY:
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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: D.
Brad Akers, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Akers can be reached via electronic
mail at akers.brad@epa.gov or via
telephone at (404) 562–9089.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
The Mecklenburg LIP was submitted
to EPA on June 14, 1990, and EPA
approved the plan on May 2, 1991. See
56 FR 20140. Mecklenburg County is
now requesting that EPA approve
changes to the LIP for, among other
things, general consistency with the
North Carolina SIP.1 Mecklenburg
County prepared three submittals in
order to update the LIP and reflect
regulatory and administrative changes
that NCDAQ made to the North Carolina
SIP since EPA’s 1991 LIP approval.2 The
three submittals were submitted as
follows: NCDAQ transmitted the
October 25, 2017, submittal to EPA but
later 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 notices at the
local level, these submittals were
withdrawn from EPA through the letter
dated February 15, 2019. Mecklenburg
County corrected this error, and NCDAQ
submitted the updates to EPA in a
submittal dated April 24, 2020.
This final rule modifies the LIP by
revising, adding, and removing several
rules related to the source testing rules,
located in MCAPCO Article 2.0000, Air
Pollution and Control Regulations and
Procedures. The specific sections
addressed in this final rule are Section
2.2600, Source Testing, Section 2.0900,
Volatile Organic Compounds, and Rule
2.0501 of Section 2.0500, Compliance
with Emission Control Standards.3 The
1 Hereinafter, the terms ‘‘North Carolina SIP’’ and
‘‘SIP’’ refer to the North Carolina regulatory portion
of the North Carolina SIP (i.e., the portion that
contains SIP-approved North Carolina regulations).
2 The Mecklenburg County, North Carolina
revision that is dated April 24, 2020, and received
by EPA on June 19, 2020, is comprised of three
previous submittals—one dated January 21, 2016;
one dated October 25, 2017; and one dated January
14, 2019.
3 Additionally, EPA notes that NCDAQ did not
request EPA approval into the LIP of several Section
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April 24, 2020, LIP revision first makes
minor changes to recodify portions of
Rules 2.0501 of Section 2.0500 and
several rules in Section 2.0900. Next,
the LIP revision removes Rule 2.0941,
Alternative Method for Leak Testing,
from the SIP, which in effect removes an
alternative test for vapor leaks in
gasoline tank trucks which is no longer
available in Mecklenburg County. In
addition, other changes modify the LIP
by updating or incorporating new
performance testing requirements, and
by making other minor changes to
language throughout the recodified rules
for consistency. See EPA’s November
26, 2021, notice of proposed rulemaking
(NPRM) for further detail on these
changes and EPA’s rationale for
approving them. See 86 FR 67412. EPA
did not receive public comments on the
November 26, 2021, NPRM.
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 the following
Mecklenburg County rules, with an
effective date of June 1, 2008: Rule
2.0501, Compliance with Emission
Control Standards; 4 Rule 2.0912,
General Provisions on Test Methods and
Procedures; Rule 2.0943, Synthetic
Organic Chemical and Polymer
Manufacturing; Rule 2.0945, Petroleum
Dry Cleaning; Rule 2.2602, General
Provisions on Test Methods and
Procedures; 5 Rule 2.2603, Testing
Protocol; Rule 2.2604, Number of Test
Points; Rule 2.2605, Velocity and
Volume Flow Rate; Rule 2.2606,
Molecular Weight; Rule 2.2607,
Determination of Moisture Content; Rule
2.2608, Number of Runs and
Compliance Determination; Rule
2.2610, Opacity; Rule 2.2612, Nitrogen
Oxide Testing Methods; Rule 2.2613,
2.2600 rules, including: Rules 2.2616, Fluorides;
2.2618, Mercury; 2.2619, Arsenic, Beryllium,
Cadmium, Hexavalent Chromium; and 2.2620,
Dioxins and Furans. Provisions for these pollutants
were not previously included in the Mecklenburg
LIP.
4 Except for the addition of paragraph 2.0501(e),
with an effective date of June 1, 2008; and except
for changes to remove and recodify the prefatory
text at 2.0501(c) and for subparagraphs (c)(3), (c)(4),
(c)(5), (c)(6), (c)10, (c)(15), (c)(16), and (c)(18),
which will remain unchanged with a state effective
date of June 14, 1990. Because EPA is acting on
other portions of Rule 2.0501, which includes
moving former paragraph (e) to paragraph (c) with
an effective date of June 1, 2008, there will be two
paragraphs 2.0501(c), with different state effective
dates. EPA will consider the remaining portions of
the June 14, 1990 version of paragraph (c) in a
separate action.
5 Except for paragraph 2.2602(i), which
corresponds to existing 2.0501(c)(18) in the LIP.
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Volatile Organic Compound Testing
Methods; Rule 2.2614, Determination of
VOC Emission Control System
Efficiency; and Rule 2.2615,
Determination of Leak Tightness and
Vapor Leaks. EPA is also incorporating
by reference Rule 2.0901, Definitions,
with an effective date of January 1,
2009. Also in this document, EPA is
finalizing the removal of the following
Mecklenburg County rules from the
Mecklenburg portion of the North
Carolina State Implementation Plan,
which are incorporated by reference in
accordance with the requirements of 1
CFR part 51: Rule 2.0913, Determination
of Volatile Content of Surface Coatings;
Rule 2.0914, Determination of VOC
Emission Control System Efficiency;
Rule 2.0915, Determination of Solvent
Metal Cleaning VOC Emissions; Rule
2.0916, Determination: VOC Emissions
from Bulk Gasoline Terminals; Rule
2.0939, Determination of Volatile
Organic Compound Emissions; Rule
2.0940, Determination of Leak Tightness
and Vapor Leaks; Rule 2.0941,
Alternative Method for Leak Tightness;
and Rule 2.0942, Determination of
Solvent in Filter Waste. EPA has made,
and will continue to make the State
Implementation Plan generally available
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, the revised materials as
stated above, 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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III. Final Action
EPA is approving the April 24, 2020,
SIP revision to revise, add, and remove
several source testing rules from the LIP,
as described above. EPA believes these
changes are consistent with the CAA,
and this revision will not impact the
national ambient air quality standards
or interfere with any other applicable
requirement of the Act.
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,
6 See
62 FR 27968 (May 22, 1997).
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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
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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 28, 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 byreference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the 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) by:
■ a. Removing the entries for ‘‘Section
2.0501,’’ ‘‘Section 2.0901,’’ and ‘‘Section
2.0912’’ and adding in their place
entries for ‘‘Rule 2.0501,’’ ‘‘Rule
2.0901,’’ and ‘‘Rule 2.0912,’’
respectively;
■ b. Removing the entries for ‘‘Section
2.0913,’’ ‘‘Section 2.0914,’’ ‘‘Section
2.0915,’’ ‘‘Section 2.0916,’’ ‘‘Section
2.0939,’’ ‘‘Section 2.0940,’’ ‘‘Section
2.0941,’’ and ‘‘Section 2.0942;’’
■
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Testing’’ and entries for ‘‘Rule 2.2602,’’
‘‘Rule 2.2603,’’ ‘‘Rule 2.2604,’’ ‘‘Rule
2.2605,’’ ‘‘Rule 2.2606,’’ ‘‘Rule 2.2607,’’
‘‘Rule 2.2608,’’ ‘‘Rule 2.2610,’’ ‘‘Rule
2.2612,’’ ‘‘Rule 2.2613,’’ ‘‘Rule 2.2614,’’
and ‘‘Rule 2.2615’’.
The additions read as follows:
c. Removing the entries for ‘‘Section
2.0943’’ and ‘‘Section 2.0945’’ and
adding in their place entries for ‘‘Rule
2.0943’’ and ‘‘Rule 2.0945,’’
respectively; and
■ d. Adding, at the end of the table, the
heading ‘‘Section 2.2600 Source
■
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS
State citation
State
effective
date
Title/subject
*
*
*
Article 2.0000
*
EPA approval date
*
*
*
*
Compliance With Emission
Control Standards.
*
*
Section 2.0900
Definitions ...............................
*
Rule 2.0912 ......
*
General Provisions on Test
Methods and Procedures.
*
Rule 2.0943 ......
*
*
Synthetic Organic Chemical
and Polymer Manufacturing.
*
Rule 2.0945 ......
*
*
Petroleum Dry Cleaning .........
*
*
*
1/25/2022, [Insert citation of
publication].
*
Rule 2.0901 ......
*
*
*
*
Emission Control Standards
6/1/2008
*
*
Air Pollution Control Regulations and Procedures
Section 2.0500
Rule 2.0501 ......
Explanation
Except for the addition of paragraph
2.0501(e); and except for changes to remove and recodify the prefatory text at
2.0501(c) and for subparagraphs (c)(3),
(c)(4), (c)(5), (c)(6), (c)10, (c)(15), (c)(16),
and (c)(18), which will remain unchanged
with a state effective date of June 14,
1990. Because EPA is acting on other portions of Rule 2.0501, which includes moving former paragraph (e) to paragraph (c)
with an effective date of June 1, 2008,
there are two paragraphs 2.0501(c), with
different state effective dates.
*
*
*
Volatile Organic Compounds
1/1/2009
*
1/25/2022, [Insert citation of
publication].
*
*
1/25/2022, [Insert citation of
publication].
*
*
6/1/2008
*
*
1/25/2022, [Insert citation of
publication].
*
*
6/1/2008
*
*
1/25/2022, [Insert citation of
publication].
*
*
6/1/2008
*
*
*
*
*
Section 2.2600 Source Testing
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Rule 2.2602 ......
6/1/2008
Rule 2.2603 ......
General Provisions on Test
Methods and Procedures.
Testing Protocol .....................
Rule 2.2604 ......
Number of Test Points ...........
6/1/2008
Rule 2.2605 ......
Velocity and Volume Flow
Rate.
Molecular Weight ...................
6/1/2008
Determination of Moisture
Content.
Number of Runs and Compliance Determination.
6/1/2008
Rule 2.2606 ......
Rule 2.2607 ......
Rule 2.2608 ......
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6/1/2008
6/1/2008
6/1/2008
Frm 00023
1/25/2022, [Insert
publication].
1/25/2022, [Insert
publication].
1/25/2022, [Insert
publication].
1/25/2022, [Insert
publication].
1/25/2022, [Insert
publication].
1/25/2022, [Insert
publication].
1/25/2022, [Insert
publication].
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citation of
Except for paragraph 2.2602(i).
citation of
citation of
citation of
citation of
citation of
citation of
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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
(3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS—Continued
State
effective
date
State citation
Title/subject
Rule 2.2610 ......
Opacity ...................................
6/1/2008
Rule 2.2612 ......
Nitrogen Oxide Testing Methods.
Volatile Organic Compound
Testing Methods.
Determination of VOC Emission Control System Efficiency.
Determination of Leak Tightness and Vapor Leaks.
6/1/2008
Rule 2.2613 ......
Rule 2.2614 ......
Rule 2.2615 ......
*
*
*
*
*
[FR Doc. 2022–01302 Filed 1–24–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0217; FRL–9290–02–
R3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Reasonably Available
Control Technology Determinations for
Case-by-Case Sources Under the 1997
and 2008 8-Hour Ozone National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving multiple
state implementation plan (SIP)
revisions submitted by the
Commonwealth of Pennsylvania. These
revisions were submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) to
establish and require reasonably
available control technology (RACT) for
14 major volatile organic compound
(VOC) and/or nitrogen oxide (NOX)
emitting facilities pursuant to the
Commonwealth of Pennsylvania’s
conditionally approved RACT
regulations. In this rule action, EPA is
approving source-specific (also referred
to as ‘‘case-by-case’’ or CbC) RACT
determinations or alternative NOX
emissions limits for sources at 14 major
NOX and VOC emitting facilities within
the Commonwealth submitted by
PADEP. These RACT evaluations were
submitted to meet RACT requirements
for the 1997 and 2008 8-hour ozone
national ambient air quality standards
(NAAQS). EPA is approving these
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SUMMARY:
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EPA approval date
6/1/2008
6/1/2008
6/1/2008
1/25/2022, [Insert
publication].
1/25/2022, [Insert
publication].
1/25/2022, [Insert
publication].
1/25/2022, [Insert
publication].
citation of
citation of
citation of
citation of
1/25/2022, [Insert citation of
publication].
revisions to the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act (CAA) and EPA’s
implementing regulations.
DATES: This final rule is effective on
February 24, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–EPA–R03–OAR–2021–
0217. All documents in the docket are
listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, e.g., confidential
business information (CBI) 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Ms.
Gwendolyn Supplee, Permits Branch
(3AD10), Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2763.
Ms. Supplee can also be reached via
electronic mail at supplee.gwendolyn@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 2, 2021, EPA published a
notice of proposed rulemaking (NPRM).
86 FR 41421. In the NPRM, EPA
proposed approval of case-by-case
RACT determinations or alternative
NOX emissions limits for sources 14
facilities, as EPA found that the RACT
controls for these sources met the CAA
RACT requirements for the 1997 and
2008 8-hour ozone NAAQS. PADEP
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Explanation
Fmt 4700
Sfmt 4700
submitted the SIP revisions for sources
at these facilities on May 7, 2020.
Under certain circumstances, states
are required to submit SIP revisions to
address RACT requirements for both
major sources of NOX and VOC and any
source covered by control technique
guidelines (CTG) for each ozone
NAAQS. Which NOX and VOC sources
in Pennsylvania are considered ‘‘major,’’
and are therefore subject to RACT, is
dependent on the location of each
source within the Commonwealth.
Sources located in nonattainment areas
would be subject to the ‘‘major source’’
definitions established under the CAA
based on the area’s current
classification(s). In Pennsylvania,
sources located in any ozone
nonattainment areas outside of
moderate or above are subject to source
thresholds of 50 tons per year (tpy)
because of the Ozone Transport Region
(OTR) requirements in CAA section
184(b)(2).
On May 16, 2016, PADEP submitted
a SIP revision addressing RACT for both
the 1997 and 2008 8-hour ozone
NAAQS in Pennsylvania. PADEP’s May
16, 2016 SIP revision intended to
address certain outstanding non-CTG
VOC RACT, VOC CTG RACT, and major
source VOC and NOX RACT
requirements for both standards. The
SIP revision requested approval of
Pennsylvania’s 25 Pa. Code 129.96–100,
Additional RACT Requirements for
Major Sources of NOX and VOCs (the
‘‘presumptive’’ RACT II rule). Prior to
the adoption of the RACT II rule,
Pennsylvania relied on the NOX and
VOC control measures in 25 Pa. Code
129.92–95, Stationary Sources of NOX
and VOCs (the RACT I rule) to meet
RACT for non-CTG major VOC sources
and major NOX sources. The
requirements of the RACT I rule remain
as previously approved in
Pennsylvania’s SIP and continue to be
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]]>Agencies
[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3663-3666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01302]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0033; FRL-9278-02-R4]
Air Plan Approval; North Carolina; Mecklenburg: Source Testing
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 of Air
Quality (NCDAQ), on behalf of Mecklenburg County Air Pollution Control
(MCAQ), via a letter dated April 24, 2020, which was received by EPA on
June 19, 2020. This SIP revision includes changes to Mecklenburg County
Air Pollution Control Ordinance (MCAPCO) rules incorporated into the
LIP regarding performance testing for stationary sources of air
pollution. EPA is approving these changes pursuant to the Clean Air Act
(CAA or Act).
DATES: This rule is effective February 24, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0033. 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: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can be
reached via electronic mail at [email protected] or via telephone at
(404) 562-9089.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
The Mecklenburg LIP was submitted to EPA on June 14, 1990, and EPA
approved the plan on May 2, 1991. See 56 FR 20140. Mecklenburg County
is now requesting that EPA approve changes to the LIP for, among other
things, general consistency with the North Carolina SIP.\1\ Mecklenburg
County prepared three submittals in order to update the LIP and reflect
regulatory and administrative changes that NCDAQ made to the North
Carolina SIP since EPA's 1991 LIP approval.\2\ The three submittals
were submitted as follows: NCDAQ transmitted the October 25, 2017,
submittal to EPA but later 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 notices at the local level, these submittals were withdrawn from
EPA through the letter dated February 15, 2019. Mecklenburg County
corrected this error, and NCDAQ submitted the updates to EPA in a
submittal dated April 24, 2020.
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\1\ Hereinafter, the terms ``North Carolina SIP'' and ``SIP''
refer to the North Carolina regulatory portion of the North Carolina
SIP (i.e., the portion that contains SIP-approved North Carolina
regulations).
\2\ The Mecklenburg County, North Carolina revision that is
dated April 24, 2020, and received by EPA on June 19, 2020, is
comprised of three previous submittals--one dated January 21, 2016;
one dated October 25, 2017; and one dated January 14, 2019.
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This final rule modifies the LIP by revising, adding, and removing
several rules related to the source testing rules, located in MCAPCO
Article 2.0000, Air Pollution and Control Regulations and Procedures.
The specific sections addressed in this final rule are Section 2.2600,
Source Testing, Section 2.0900, Volatile Organic Compounds, and Rule
2.0501 of Section 2.0500, Compliance with Emission Control
Standards.\3\ The April 24, 2020, LIP revision first makes minor
changes to recodify portions of Rules 2.0501 of Section 2.0500 and
several rules in Section 2.0900. Next, the LIP revision removes Rule
2.0941, Alternative Method for Leak Testing, from the SIP, which in
effect removes an alternative test for vapor leaks in gasoline tank
trucks which is no longer available in Mecklenburg County. In addition,
other changes modify the LIP by updating or incorporating new
performance testing requirements, and by making other minor changes to
language throughout the recodified rules for consistency. See EPA's
November 26, 2021, notice of proposed rulemaking (NPRM) for further
detail on these changes and EPA's rationale for approving them. See 86
FR 67412. EPA did not receive public comments on the November 26, 2021,
NPRM.
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\3\ Additionally, EPA notes that NCDAQ did not request EPA
approval into the LIP of several Section 2.2600 rules, including:
Rules 2.2616, Fluorides; 2.2618, Mercury; 2.2619, Arsenic,
Beryllium, Cadmium, Hexavalent Chromium; and 2.2620, Dioxins and
Furans. Provisions for these pollutants were not previously included
in the Mecklenburg LIP.
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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 the following
Mecklenburg County rules, with an effective date of June 1, 2008: Rule
2.0501, Compliance with Emission Control Standards; \4\ Rule 2.0912,
General Provisions on Test Methods and Procedures; Rule 2.0943,
Synthetic Organic Chemical and Polymer Manufacturing; Rule 2.0945,
Petroleum Dry Cleaning; Rule 2.2602, General Provisions on Test Methods
and Procedures; \5\ Rule 2.2603, Testing Protocol; Rule 2.2604, Number
of Test Points; Rule 2.2605, Velocity and Volume Flow Rate; Rule
2.2606, Molecular Weight; Rule 2.2607, Determination of Moisture
Content; Rule 2.2608, Number of Runs and Compliance Determination; Rule
2.2610, Opacity; Rule 2.2612, Nitrogen Oxide Testing Methods; Rule
2.2613,
[[Page 3664]]
Volatile Organic Compound Testing Methods; Rule 2.2614, Determination
of VOC Emission Control System Efficiency; and Rule 2.2615,
Determination of Leak Tightness and Vapor Leaks. EPA is also
incorporating by reference Rule 2.0901, Definitions, with an effective
date of January 1, 2009. Also in this document, EPA is finalizing the
removal of the following Mecklenburg County rules from the Mecklenburg
portion of the North Carolina State Implementation Plan, which are
incorporated by reference in accordance with the requirements of 1 CFR
part 51: Rule 2.0913, Determination of Volatile Content of Surface
Coatings; Rule 2.0914, Determination of VOC Emission Control System
Efficiency; Rule 2.0915, Determination of Solvent Metal Cleaning VOC
Emissions; Rule 2.0916, Determination: VOC Emissions from Bulk Gasoline
Terminals; Rule 2.0939, Determination of Volatile Organic Compound
Emissions; Rule 2.0940, Determination of Leak Tightness and Vapor
Leaks; Rule 2.0941, Alternative Method for Leak Tightness; and Rule
2.0942, Determination of Solvent in Filter Waste. EPA has made, and
will continue to make the State Implementation Plan generally available
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, the revised materials as stated above, 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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\4\ Except for the addition of paragraph 2.0501(e), with an
effective date of June 1, 2008; and except for changes to remove and
recodify the prefatory text at 2.0501(c) and for subparagraphs
(c)(3), (c)(4), (c)(5), (c)(6), (c)10, (c)(15), (c)(16), and
(c)(18), which will remain unchanged with a state effective date of
June 14, 1990. Because EPA is acting on other portions of Rule
2.0501, which includes moving former paragraph (e) to paragraph (c)
with an effective date of June 1, 2008, there will be two paragraphs
2.0501(c), with different state effective dates. EPA will consider
the remaining portions of the June 14, 1990 version of paragraph (c)
in a separate action.
\5\ Except for paragraph 2.2602(i), which corresponds to
existing 2.0501(c)(18) in the LIP.
\6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the April 24, 2020, SIP revision to revise, add,
and remove several source testing rules from the LIP, as described
above. EPA believes these changes are consistent with the CAA, and this
revision will not impact the national ambient air quality standards or
interfere with any other applicable requirement of the Act.
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 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 March 28, 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 byreference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In Sec. 52.1770, amend the table in paragraph (c)(3) by:
0
a. Removing the entries for ``Section 2.0501,'' ``Section 2.0901,'' and
``Section 2.0912'' and adding in their place entries for ``Rule
2.0501,'' ``Rule 2.0901,'' and ``Rule 2.0912,'' respectively;
0
b. Removing the entries for ``Section 2.0913,'' ``Section 2.0914,''
``Section 2.0915,'' ``Section 2.0916,'' ``Section 2.0939,'' ``Section
2.0940,'' ``Section 2.0941,'' and ``Section 2.0942;''
[[Page 3665]]
0
c. Removing the entries for ``Section 2.0943'' and ``Section 2.0945''
and adding in their place entries for ``Rule 2.0943'' and ``Rule
2.0945,'' respectively; and
0
d. Adding, at the end of the table, the heading ``Section 2.2600 Source
Testing'' and entries for ``Rule 2.2602,'' ``Rule 2.2603,'' ``Rule
2.2604,'' ``Rule 2.2605,'' ``Rule 2.2606,'' ``Rule 2.2607,'' ``Rule
2.2608,'' ``Rule 2.2610,'' ``Rule 2.2612,'' ``Rule 2.2613,'' ``Rule
2.2614,'' and ``Rule 2.2615''.
The additions read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(3) EPA Approved Mecklenburg County Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 2.0000 Air Pollution Control Regulations and Procedures
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 2.0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Rule 2.0501................ Compliance With 6/1/2008 1/25/2022, [Insert Except for the
Emission Control citation of addition of paragraph
Standards. publication]. 2.0501(e); and except
for changes to remove
and recodify the
prefatory text at
2.0501(c) and for
subparagraphs (c)(3),
(c)(4), (c)(5),
(c)(6), (c)10,
(c)(15), (c)(16), and
(c)(18), which will
remain unchanged with
a state effective
date of June 14,
1990. Because EPA is
acting on other
portions of Rule
2.0501, which
includes moving
former paragraph (e)
to paragraph (c) with
an effective date of
June 1, 2008, there
are two paragraphs
2.0501(c), with
different state
effective dates.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 2.0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Rule 2.0901................ Definitions........... 1/1/2009 1/25/2022, [Insert ......................
citation of
publication].
* * * * * * *
Rule 2.0912................ General Provisions on 6/1/2008 1/25/2022, [Insert ......................
Test Methods and citation of
Procedures. publication].
* * * * * * *
Rule 2.0943................ Synthetic Organic 6/1/2008 1/25/2022, [Insert ......................
Chemical and Polymer citation of
Manufacturing. publication].
* * * * * * *
Rule 2.0945................ Petroleum Dry Cleaning 6/1/2008 1/25/2022, [Insert ......................
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 2.2600 Source Testing
----------------------------------------------------------------------------------------------------------------
Rule 2.2602................ General Provisions on 6/1/2008 1/25/2022, [Insert Except for paragraph
Test Methods and citation of 2.2602(i).
Procedures. publication].
Rule 2.2603................ Testing Protocol...... 6/1/2008 1/25/2022, [Insert ......................
citation of
publication].
Rule 2.2604................ Number of Test Points. 6/1/2008 1/25/2022, [Insert ......................
citation of
publication].
Rule 2.2605................ Velocity and Volume 6/1/2008 1/25/2022, [Insert ......................
Flow Rate. citation of
publication].
Rule 2.2606................ Molecular Weight...... 6/1/2008 1/25/2022, [Insert ......................
citation of
publication].
Rule 2.2607................ Determination of 6/1/2008 1/25/2022, [Insert ......................
Moisture Content. citation of
publication].
Rule 2.2608................ Number of Runs and 6/1/2008 1/25/2022, [Insert ......................
Compliance citation of
Determination. publication].
[[Page 3666]]
Rule 2.2610................ Opacity............... 6/1/2008 1/25/2022, [Insert ......................
citation of
publication].
Rule 2.2612................ Nitrogen Oxide Testing 6/1/2008 1/25/2022, [Insert ......................
Methods. citation of
publication].
Rule 2.2613................ Volatile Organic 6/1/2008 1/25/2022, [Insert ......................
Compound Testing citation of
Methods. publication].
Rule 2.2614................ Determination of VOC 6/1/2008 1/25/2022, [Insert ......................
Emission Control citation of
System Efficiency. publication].
Rule 2.2615................ Determination of Leak 6/1/2008 1/25/2022, [Insert ......................
Tightness and Vapor citation of
Leaks. publication].
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* * * * *
[FR Doc. 2022-01302 Filed 1-24-22; 8:45 am]
BILLING CODE 6560-50-P
