Air Plan Approval; North Carolina: Mecklenburg Volatile Organic Compounds, 10975-10979 [2022-04113]

Download as PDF Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Rules and Regulations § 165.T08–0084 Security Zone; Mississippi River, New Orleans, LA. (a) Location. The following area is a security zone: All navigable waters of Mississippi River, New Orleans, LA within 400 yards of the Left Descending Bank (LDB) of the Lower Mississippi River (LMR) between Mile Marker (MM) 94.4 and MM 95.1, Above Head of Passes (AHP), New Orleans, Louisiana. (b) Definitions. As used in this section, designated representative means a designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector New Orleans. (c) Regulations. (1) In accordance with the general regulations in § 165.33 of this part, entry into or remaining within this regulated area is prohibited unless authorized by the Captain of the Port Sector New Orleans (COTP) or designated representative. (2) Vessel requiring entry into this regulated area must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or 67 or by telephone at 504–365–2545. (3) Persons and vessels permitted to enter this security zone must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. (d) Enforcement period. This section will be enforced 6 p.m. on February 25, 2022, through 11:59 p.m. on March 1, 2022. (e) Informational broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this regulated area through Broadcast Notices to Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), as appropriate. 36 CFR Part 1155 [Docket No. ATBCB–2022–0003] RIN 3014–AA46 Procedures for Issuing Guidance Documents; Rescission; Correction Architectural and Transportation Barriers Compliance Board. ACTION: Direct final rule; correction. AGENCY: The Architectural and Transportation Barriers Compliance Board (‘‘Access Board,’’ or ‘‘Board’’) published a direct final rule in the Federal Register on Feb. 2, 2022, rescinding its regulation that details internal procedures for issuance, public availability, modification, and withdrawal of agency guidance documents. The document contained the incorrect docket number. DATES: This final rule is effective February 28, 2022, and is applicable beginning February 2, 2022. FOR FURTHER INFORMATION CONTACT: General Counsel Christopher Kuczynski, (202) 272–0042, generalcounsel@accessboard.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Correction In the Federal Register on Feb. 2, 2022, 87 FR 5692, on page 5692, in the second column, correct the Docket No. caption to read: ‘‘Docket No. ATBCB– 2022–0003’’. Christopher Kuczynski, General Counsel. [FR Doc. 2022–04087 Filed 2–25–22; 8:45 am] BILLING CODE 8150–01–P ENVIRONMENTAL PROTECTION AGENCY Dated: February 18, 2022. W.E. Watson, Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans. 40 CFR Part 52 [FR Doc. 2022–04170 Filed 2–25–22; 8:45 am] Air Plan Approval; North Carolina: Mecklenburg Volatile Organic Compounds BILLING CODE 9110–04–P khammond on DSKJM1Z7X2PROD with RULES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD [EPA–R04–OAR–2021–0055; FRL–8986–02– R4] 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 SUMMARY: VerDate Sep<11>2014 16:12 Feb 25, 2022 Jkt 256001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 10975 North Carolina SIP, hereinafter referred to as the Mecklenburg Local Implementation Plan (LIP). The changes were 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 were received by EPA on June 19, 2020. The SIP revision updates several Mecklenburg County Air Pollution Control Ordinance (MCAPCO) rules incorporated into the LIP, removes several rules, and adds several rules. The rules addressed in this final approval action relate to volatile organic compound (VOC) emissions and include several VOC Reasonably Available Control Technology (RACT) rules. EPA is finalizing the approval of these changes pursuant to the Clean Air Act (CAA or Act). DATES: This rule is effective March 30, 2022. EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2021–0055. 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: Jane Spann, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9029. Ms. Spann can also be reached via electronic mail at spann.jane@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: E:\FR\FM\28FER1.SGM 28FER1 10976 Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES I. Background and Overview The Mecklenburg County LIP was 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 update the LIP and reflect regulatory and administrative changes that NCDAQ made to the North Carolina SIP 1 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 a letter dated February 15, 2019. Mecklenburg County corrected this error, and NCDAQ submitted the updates to EPA in a submittal dated April 24, 2020.3 The April 24, 2020, submittal updates several MCAPCO rules incorporated into the LIP, removes two rules, and adds three rules to better align the LIP with the North Carolina SIP. The January 21, 2016, changes include updates to MCAPCO Rules 2.0926, Bulk Gasoline Plants; 2.0927, Bulk Gasoline Terminals; 2.0928, Gasoline Service Stations Stage 1; and 2.0958, Work Practice for Sources of Volatile Organic Compounds. The submittal also seeks to remove MCAPCO Rules 2.0910, Alternative Compliance Schedules and 2.0929, Petroleum Refinery Sources and add MCAPCO Rules 2.0947, Manufacture of Synthesized Pharmaceutical Products; 2.0948, VOC Emissions from Transfer Operations; and 2.0949, Storage of Miscellaneous Volatile Organic Compounds.4 The January 21, 2016, submittal also asks EPA to reincorporate the following rules with no changes or very few minor grammatical edits into the LIP with a new effective date: MCAPCO Rules 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 SIP 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 EPA received the April 24, 2020, submittal on June 19, 2020. 4 EPA received other updates to the Mecklenburg County portion of the North Carolina SIP transmitted with the same April 24, 2020, cover letter. EPA has addressed or will address these other updates, including changes to certain Section 2.2600 and Section 2.0900 rules, in separate rulemakings. VerDate Sep<11>2014 16:12 Feb 25, 2022 Jkt 256001 2.0906, Circumvention; 2.0918, Can Coating; 2.0919, Coil Coating; 2.0924, Magnet Wire Coating; 2.0925, Petroleum Liquid Storage in Fixed Roof Tanks; 2.0930, Solvent Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933, Petroleum Liquid Storage in External Floating Roof Tanks; 2.0937, Manufacture of Pneumatic Rubber Tires; and 2.0944, Manufacture of Polyethylene, Polypropylene and Polystyrene.5 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 VOC rules. See 86 FR 64101. The November 17, 2021, 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, and EPA received one comment. II. Response to Comment As mentioned above, EPA received one comment on the November 17, 2021, NPRM. EPA’s comment summary and response are provided below. Comment: The commenter limits their comment to the removal of Rule 2.0929—Petroleum Refinery Sources from the LIP and reiterates the fact that removal is based, in part, on the absence of refineries in Mecklenburg County. The commenter notes that the ‘‘surrounding bi-state metro area is comprised of more than six different counties in two different states’’ and that the ‘‘petition to remove the Rule 2.0929 does not clarify if Rock Hill or Gastonia have refineries that pose a leak hazard to the nearby inhabitants.’’ The commenter goes on to state that when Rule 2.0929 was implemented, there were more local areas in the United States that did not have refineries than local areas that did have refineries and that each local area does not have to petition the CAA for removal of Rule 2.0929. The commenter provides population data for Mecklenburg County and expresses concern that removal might encourage an entrepreneur to construct a refinery in the Charlotte local area to ‘‘avoid implementing the provisions of the [CAA] rather than building a refinery in an area that strictly reaches attainment of the refinery leak Rule 2.0929.’’ Response: Rule 2.0929 was first adopted into the MCAPCO in 1979, establishing requirements to meet the 1978 Petroleum Refinery Leaks Control 5 Hereinafter, the MCAPCO Rules will be identified by ‘‘Rule’’ and the accompanying number, e.g., Rule 2.0901. PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 Technique Guidelines (CTG) for controlling VOC emissions from petroleum refinery equipment,6 and incorporated into the LIP on May 2, 1991. See 56 FR 20140. Mecklenburg County was designated as a Moderate ozone nonattainment area for the 1979 1-hour ozone national ambient air quality standards (NAAQS) and the 1997 8-hour ozone NAAQS.7 CAA section 182(b)(2) requires each state with an ozone nonattainment area classified as Moderate or higher to include requirements in its SIP implementing RACT for certain VOC sources within the area, including for all VOC sources in the nonattainment area that are covered by a CTG. The April 24, 2020, SIP revision, submitted by North Carolina on behalf of MCAQ, seeks to remove Rule 2.0929 from the LIP because there are no petroleum refineries in Mecklenburg County 8 and because MCAQ would like the LIP to better align with the SIP.9 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. EPA has reviewed the SIP revision and determined that removal of Rule 2.0929 is consistent with the CAA because, among other things, the rule does not apply to any facilities in Mecklenburg County and, therefore, removal will not impact air quality and because Mecklenburg County is designated as attainment or attainment/ unclassifiable for all ozone NAAQS and, therefore, CAA section 182 no longer requires the LIP to implement the Petroleum Refinery CTG. The commenter correctly notes that the SIP revision does not discuss whether petroleum refineries exist in Rock Hill, South Carolina or Gastonia, North Carolina. It was not necessary for the SIP revision or the November 17, 2021, NPRM to discuss whether 6 The Petroleum Refinery Leaks CTG is available at https://www3.epa.gov/airquality/ctg_act/197806_ voc_epa450_2-78-036_leaks_refineery_ equipment.pdf. 7 Mecklenburg County was part of the CharlotteGastonia NC 1979 Moderate ozone NAAQS nonattainment area, comprised of Mecklenburg and Gastonia Counties in North Carolina, and part of the Charlotte-Gastonia-Rock Hill, NC–SC 1997 Moderate ozone NAAQS nonattainment area, comprised of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan and Union Counties and a portion of Iredell County in North Carolina and a portion of York County in South Carolina. EPA redesignated these areas to attainment in 1995 and 2013, respectively. See 60 FR 34859 (July 5, 1995) and 78 FR 72036 (December 2, 2013). 8 The term ‘‘petroleum refinery’’ is defined at Rule 2.0929(a)(6). 9 EPA removed the corresponding state rule, 15A NCAC 02D .0929—Petroleum Refinery Sources, from the SIP on August 1, 1997. See 62 FR 41277. E:\FR\FM\28FER1.SGM 28FER1 Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES petroleum refineries are located in those areas because Rule 2.0929 only applies within Mecklenburg County. Since Rule 2.0929 is limited to Mecklenburg County, EPA does not find the statement regarding the number of local areas in the United States with and without refineries to be relevant for this rulemaking. It is also not clear what the commenter means by stating that each local area does not have to petition the CAA for removal of Rule 2.0929 or how this statement is relevant. The scope of this action is limited to Mecklenburg County. To the extent that other areas of the country need to address RACT for sources covered by the Petroleum Refinery CTG, EPA would evaluate the RACT requirement in the context of other rulemakings for those other areas. As discussed above, a SIP must include RACT for sources covered by the Petroleum Refinery CTG only when the state contains an ozone nonattainment area classified as Moderate or higher, and implementation is only required within the nonattainment area. The commenter is concerned that removal might encourage a refinery to locate in the Charlotte local area to ‘‘avoid implementing the provisions of the CAA rather than building a refinery in an area that strictly reaches attainment of the refinery leak Rule 2.0929’’ and provides population data for Mecklenburg County. However, this comment is unclear because Rule 2.0929 does not apply in areas outside of Mecklenburg County and the population of Mecklenburg County is irrelevant. Furthermore, only those areas in the country that are designated as a Moderate or higher ozone nonattainment area must have SIPs that implement the Petroleum Refinery CTG and there are no ozone nonattainment areas in North Carolina or South Carolina. If a petroleum refinery wants to locate in the Charlotte area, it would have to meet all relevant CAA requirements, including new source review permitting requirements that apply before construction and are designed to protect the NAAQS. Should the Charlotte area become an ozone nonattainment area with a Moderate or higher classification in the future, the area would be required to address RACT for all sources covered by all CTGs applicable at that time. III. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of MCAPCO Rules 2.0906, Circumvention; 2.0918, Can Coating; VerDate Sep<11>2014 16:12 Feb 25, 2022 Jkt 256001 2.0919, Coil Coating; 2.0924, Magnet Wire Coating; 2.0925, Petroleum Liquid Storage in Fixed Roof Tanks; 2.0926, Bulk Gasoline Plants; 2.0927, Bulk Gasoline Terminals; 2.0928, Gasoline Service Stations Stage I; 2.0930, Solvent Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933, Petroleum Liquid Storage in External Floating Roof Tanks; 2.0937, Manufacture of Pneumatic Rubber Tires; 2.0944, Manufacture of Polyethylene, Polypropylene and Polystyrene; 2.0947, Manufacture of Synthesized Pharmaceutical Products; 2.0948, VOC Emissions from Transfer Operations; 2.0949, Storage of Miscellaneous Volatile Organic Compounds; and 2.0958, Work Practice for Sources of Volatile Organic Compounds, all of which have an effective date of December 15, 2015, into the Mecklenburg County portion of the North Carolina SIP to update the rules to more closely align with their analog North Carolina rules in the SIP. Also in this document, EPA is finalizing the removal of Rules 2.0910, Alternative Compliance Schedules and 2.0929, Petroleum Refinery Sources from the Mecklenburg portion of the North Carolina SIP, which were incorporated by reference in accordance with the requirements of 1 CFR part 51. 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, 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.10 IV. Final Action EPA is approving the aforementioned changes to the Mecklenburg LIP. Specifically, EPA is approving changes to MCAPCO Rules 2.0926, Bulk Gasoline Plants; 2.0927, Bulk Gasoline Terminals; 2.0928, Gasoline Service Stations Stage 1; and 2.0958, Work Practice for Sources of Volatile Organic Compounds. EPA is finalizing the removal of Rules 2.0910, Alternative Compliance Schedules and 2.0929, Petroleum Refinery Sources and the addition of Rules 2.0947, Manufacture of Synthesized Pharmaceutical Products; 2.0948, VOC Emissions from 10 See PO 00000 62 FR 27968 (May 22, 1997). Frm 00053 Fmt 4700 Sfmt 4700 10977 Transfer Operations; and 2.0949, Storage of Miscellaneous Volatile Organic Compounds. EPA is taking final action to approve these changes to the LIP because they are consistent with the CAA. EPA is also taking final action to reincorporate the following rules with no changes or very few minor grammatical edits with a new effective date into the LIP: MCAPCO Rules 2.0906, Circumvention; 2.0918, Can Coating; 2.0919, Coil Coating; 2.0924, Magnet Wire Coating; 2.0925, Petroleum Liquid Storage in Fixed Roof Tanks; 2.0930, Solvent Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933, Petroleum Liquid Storage in External Floating Roof Tanks; 2.0937, Manufacture of Pneumatic Rubber Tires; and 2.0944, Manufacture of Polyethylene, Polypropylene and Polystyrene. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. This action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); E:\FR\FM\28FER1.SGM 28FER1 10978 Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Rules and Regulations • 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 April 29, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: February 17, 2022. Daniel Blackman, Regional Administrator, Region 4. 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(c)(3), amend the table under ‘‘Section 2.0900 Volatile Organic Compounds’’ by: ■ a. Removing the entries for ‘‘Section 2.0906’’, ‘‘Section 2.0918’’, ‘‘Section 2.0919’’, ‘‘Section 2.0924’’, ‘‘Section 2.0925’’, ‘‘Section 2.0926’’, ‘‘Section 2.0927’’, ‘‘Section 2.0928’’, ‘‘Section 2.0930’’, ‘‘Section 2.0931’’, ‘‘Section 2.0933’’, ‘‘Section 2.0937’’, ‘‘Section 2.0944’’, and ‘‘Section 2.0958’’, and adding in their place entries for ‘‘Rule 2.0906’’, ‘‘Rule 2.0918’’, ‘‘Rule 2.0919’’, ‘‘Rule 2.0924’’, ‘‘Rule 2.0925’’, ‘‘Rule 2.0926’’, ‘‘Rule 2.0927’’, ‘‘Rule 2.0928’’, ‘‘Rule 2.0930’’, ‘‘Rule 2.0931’’, ‘‘Rule 2.0933’’, ‘‘Rule 2.0937’’, ‘‘Rule 2.0944’’, and ‘‘Rule 2.0958’’; ■ b. Removing the entries for ‘‘Section 2.0910’’ and ‘‘Section 2.0929’’; and ■ c. Adding entries for ‘‘Rule 2.0947’’, ‘‘Rule 2.0948’’ and ‘‘Rule 2.0949’’ below the entry for ‘‘Section 2.0945’’. The additions read as follows: ■ § 52.1770 For the reasons stated in the preamble, EPA amends 40 CFR part 52 as follows: * Identification of plan. * * (c) * * * * * (3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS State citation * * * * Section 2.0900 khammond on DSKJM1Z7X2PROD with RULES State effective date Title/subject * * Circumvention ............................ * * * Rule 2.0918 ................................ * Can Coating ............................... * Rule 2.0919 ................................ Coil Coating ................................ * * Rule 2.0924 ................................ * Magnet Wire Coating ................. Rule 2.0925 ................................ 12/15/2015 Rule 2.0926 ................................ Petroleum Liquid Storage in Fixed Roof Tanks. Bulk Gasoline Plants .................. Rule 2.0927 ................................ Bulk Gasoline Terminals ............ 12/15/2015 16:12 Feb 25, 2022 Jkt 256001 PO 00000 Frm 00054 Explanation * * Volatile Organic Compounds * * Rule 2.0906 ................................ VerDate Sep<11>2014 EPA approval date 12/15/2015 12/15/2015 12/15/2015 * Fmt 4700 12/15/2015 12/15/2015 Sfmt 4700 * 2/28/2022, [Insert publication]. * citation of * 2/28/2022, [Insert publication]. 2/28/2022, [Insert publication]. * citation of citation of * 2/28/2022, [Insert publication]. 2/28/2022, [Insert publication]. 2/28/2022, [Insert publication]. 2/28/2022, [Insert publication]. * citation of citation of citation of citation of E:\FR\FM\28FER1.SGM 28FER1 * * * 10979 Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Rules and Regulations (3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS—Continued Title/subject Rule 2.0928 ................................ Rule 2.0930 ................................ Gasoline Service Stations Stage 1. Solvent Metal Cleaning .............. 12/15/2015 Rule 2.0931 ................................ Cutback Asphalt ......................... 12/15/2015 * * Rule 2.0933 ................................ * Petroleum Liquid Storage in External Floating Roof Tanks. * * * Rule 2.0937 ................................ * Manufacture of Pneumatic Rubber Tires. * * * Rule 2.0944 ................................ * Manufacture of Polypropylene styrene. * * * Rule 2.0947 ................................ * Manufacture of Synthesized Pharmaceutical Products. VOC Emissions from Transfer Operations. Storage of Miscellaneous Volatile Organic Compounds. * * Work Practice for Sources of Volatile Organic Compounds. * Rule 2.0948 ................................ Rule 2.0949 ................................ * * Rule 2.0958 ................................ * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2021–0337; FRL–9459–01– OCSPP] Fluridone; Pesticide Tolerances for Emergency Exemptions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes time-limited tolerances for residues of the herbicide fluridone including its degradates and metabolites in or on peanut and peanut, hay. This action is in response to EPA’s granting of an emergency exemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on peanut. This regulation establishes a maximum permissible level for residues of fluridone in or on these commodities. The time-limited tolerances expire on December 31, 2024. SUMMARY: VerDate Sep<11>2014 16:12 Feb 25, 2022 12/15/2015 Polyethylene, and Poly- Jkt 256001 EPA approval date citation of citation of citation of 12/15/2015 * 2/28/2022, [Insert publication]. * citation of 12/15/2015 * 2/28/2022, [Insert publication]. * citation of 12/15/2015 * 2/28/2022, [Insert publication]. * citation of * 2/28/2022, [Insert publication]. 2/28/2022, [Insert publication]. 2/28/2022, [Insert publication]. * citation of citation of citation of * 2/28/2022, [Insert publication]. * citation of 12/15/2015 12/15/2015 12/15/2015 12/15/2015 This regulation is effective February 28, 2022. Objections and requests for hearings must be received on or before April 29, 2022, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2021–0337, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room and OPP docket is (202) 566–1744. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is open to visitors by appointment only. For the latest status information on EPA/DC services and access, visit https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director, PO 00000 Frm 00055 Fmt 4700 Explanation 2/28/2022, [Insert publication]. 2/28/2022, [Insert publication]. 2/28/2022, [Insert publication]. DATES: [FR Doc. 2022–04113 Filed 2–25–22; 8:45 am] khammond on DSKJM1Z7X2PROD with RULES State effective date State citation Sfmt 4700 * * * * * Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305– 7090; email address: RDFRNotices@ epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). E:\FR\FM\28FER1.SGM 28FER1

Agencies

[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Rules and Regulations]
[Pages 10975-10979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04113]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0055; FRL-8986-02-R4]


Air Plan Approval; North Carolina: Mecklenburg Volatile Organic 
Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 changes were 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 were received by EPA on June 19, 
2020. The SIP revision updates several Mecklenburg County Air Pollution 
Control Ordinance (MCAPCO) rules incorporated into the LIP, removes 
several rules, and adds several rules. The rules addressed in this 
final approval action relate to volatile organic compound (VOC) 
emissions and include several VOC Reasonably Available Control 
Technology (RACT) rules. EPA is finalizing the approval of these 
changes pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective March 30, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0055. 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: Jane Spann, Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air and Radiation 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9029. Ms. Spann can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 10976]]

I. Background and Overview

    The Mecklenburg County LIP was 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 update the LIP and reflect 
regulatory and administrative changes that NCDAQ made to the North 
Carolina SIP \1\ 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 a letter dated February 15, 2019. Mecklenburg County 
corrected this error, and NCDAQ submitted the updates to EPA in a 
submittal dated April 24, 2020.\3\
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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 SIP 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\ EPA received the April 24, 2020, submittal on June 19, 2020.
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    The April 24, 2020, submittal updates several MCAPCO rules 
incorporated into the LIP, removes two rules, and adds three rules to 
better align the LIP with the North Carolina SIP. The January 21, 2016, 
changes include updates to MCAPCO Rules 2.0926, Bulk Gasoline Plants; 
2.0927, Bulk Gasoline Terminals; 2.0928, Gasoline Service Stations 
Stage 1; and 2.0958, Work Practice for Sources of Volatile Organic 
Compounds. The submittal also seeks to remove MCAPCO Rules 2.0910, 
Alternative Compliance Schedules and 2.0929, Petroleum Refinery Sources 
and add MCAPCO Rules 2.0947, Manufacture of Synthesized Pharmaceutical 
Products; 2.0948, VOC Emissions from Transfer Operations; and 2.0949, 
Storage of Miscellaneous Volatile Organic Compounds.\4\
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    \4\ EPA received other updates to the Mecklenburg County portion 
of the North Carolina SIP transmitted with the same April 24, 2020, 
cover letter. EPA has addressed or will address these other updates, 
including changes to certain Section 2.2600 and Section 2.0900 
rules, in separate rulemakings.
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    The January 21, 2016, submittal also asks EPA to reincorporate the 
following rules with no changes or very few minor grammatical edits 
into the LIP with a new effective date: MCAPCO Rules 2.0906, 
Circumvention; 2.0918, Can Coating; 2.0919, Coil Coating; 2.0924, 
Magnet Wire Coating; 2.0925, Petroleum Liquid Storage in Fixed Roof 
Tanks; 2.0930, Solvent Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933, 
Petroleum Liquid Storage in External Floating Roof Tanks; 2.0937, 
Manufacture of Pneumatic Rubber Tires; and 2.0944, Manufacture of 
Polyethylene, Polypropylene and Polystyrene.\5\
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    \5\ Hereinafter, the MCAPCO Rules will be identified by ``Rule'' 
and the accompanying number, e.g., Rule 2.0901.
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    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 VOC rules. See 86 FR 64101. The November 17, 
2021, 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, and EPA received one comment.

II. Response to Comment

    As mentioned above, EPA received one comment on the November 17, 
2021, NPRM. EPA's comment summary and response are provided below.
    Comment: The commenter limits their comment to the removal of Rule 
2.0929--Petroleum Refinery Sources from the LIP and reiterates the fact 
that removal is based, in part, on the absence of refineries in 
Mecklenburg County. The commenter notes that the ``surrounding bi-state 
metro area is comprised of more than six different counties in two 
different states'' and that the ``petition to remove the Rule 2.0929 
does not clarify if Rock Hill or Gastonia have refineries that pose a 
leak hazard to the nearby inhabitants.'' The commenter goes on to state 
that when Rule 2.0929 was implemented, there were more local areas in 
the United States that did not have refineries than local areas that 
did have refineries and that each local area does not have to petition 
the CAA for removal of Rule 2.0929. The commenter provides population 
data for Mecklenburg County and expresses concern that removal might 
encourage an entrepreneur to construct a refinery in the Charlotte 
local area to ``avoid implementing the provisions of the [CAA] rather 
than building a refinery in an area that strictly reaches attainment of 
the refinery leak Rule 2.0929.''
    Response: Rule 2.0929 was first adopted into the MCAPCO in 1979, 
establishing requirements to meet the 1978 Petroleum Refinery Leaks 
Control Technique Guidelines (CTG) for controlling VOC emissions from 
petroleum refinery equipment,\6\ and incorporated into the LIP on May 
2, 1991. See 56 FR 20140. Mecklenburg County was designated as a 
Moderate ozone nonattainment area for the 1979 1-hour ozone national 
ambient air quality standards (NAAQS) and the 1997 8-hour ozone 
NAAQS.\7\ CAA section 182(b)(2) requires each state with an ozone 
nonattainment area classified as Moderate or higher to include 
requirements in its SIP implementing RACT for certain VOC sources 
within the area, including for all VOC sources in the nonattainment 
area that are covered by a CTG.
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    \6\ The Petroleum Refinery Leaks CTG is available at https://www3.epa.gov/airquality/ctg_act/197806_voc_epa450_2-78-036_leaks_refineery_equipment.pdf.
    \7\ Mecklenburg County was part of the Charlotte-Gastonia NC 
1979 Moderate ozone NAAQS nonattainment area, comprised of 
Mecklenburg and Gastonia Counties in North Carolina, and part of the 
Charlotte-Gastonia-Rock Hill, NC-SC 1997 Moderate ozone NAAQS 
nonattainment area, comprised of Cabarrus, Gaston, Lincoln, 
Mecklenburg, Rowan and Union Counties and a portion of Iredell 
County in North Carolina and a portion of York County in South 
Carolina. EPA redesignated these areas to attainment in 1995 and 
2013, respectively. See 60 FR 34859 (July 5, 1995) and 78 FR 72036 
(December 2, 2013).
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    The April 24, 2020, SIP revision, submitted by North Carolina on 
behalf of MCAQ, seeks to remove Rule 2.0929 from the LIP because there 
are no petroleum refineries in Mecklenburg County \8\ and because MCAQ 
would like the LIP to better align with the SIP.\9\ 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. EPA has reviewed the SIP 
revision and determined that removal of Rule 2.0929 is consistent with 
the CAA because, among other things, the rule does not apply to any 
facilities in Mecklenburg County and, therefore, removal will not 
impact air quality and because Mecklenburg County is designated as 
attainment or attainment/unclassifiable for all ozone NAAQS and, 
therefore, CAA section 182 no longer requires the LIP to implement the 
Petroleum Refinery CTG.
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    \8\ The term ``petroleum refinery'' is defined at Rule 
2.0929(a)(6).
    \9\ EPA removed the corresponding state rule, 15A NCAC 02D 
.0929--Petroleum Refinery Sources, from the SIP on August 1, 1997. 
See 62 FR 41277.
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    The commenter correctly notes that the SIP revision does not 
discuss whether petroleum refineries exist in Rock Hill, South Carolina 
or Gastonia, North Carolina. It was not necessary for the SIP revision 
or the November 17, 2021, NPRM to discuss whether

[[Page 10977]]

petroleum refineries are located in those areas because Rule 2.0929 
only applies within Mecklenburg County.
    Since Rule 2.0929 is limited to Mecklenburg County, EPA does not 
find the statement regarding the number of local areas in the United 
States with and without refineries to be relevant for this rulemaking. 
It is also not clear what the commenter means by stating that each 
local area does not have to petition the CAA for removal of Rule 2.0929 
or how this statement is relevant. The scope of this action is limited 
to Mecklenburg County. To the extent that other areas of the country 
need to address RACT for sources covered by the Petroleum Refinery CTG, 
EPA would evaluate the RACT requirement in the context of other 
rulemakings for those other areas. As discussed above, a SIP must 
include RACT for sources covered by the Petroleum Refinery CTG only 
when the state contains an ozone nonattainment area classified as 
Moderate or higher, and implementation is only required within the 
nonattainment area.
    The commenter is concerned that removal might encourage a refinery 
to locate in the Charlotte local area to ``avoid implementing the 
provisions of the CAA rather than building a refinery in an area that 
strictly reaches attainment of the refinery leak Rule 2.0929'' and 
provides population data for Mecklenburg County. However, this comment 
is unclear because Rule 2.0929 does not apply in areas outside of 
Mecklenburg County and the population of Mecklenburg County is 
irrelevant. Furthermore, only those areas in the country that are 
designated as a Moderate or higher ozone nonattainment area must have 
SIPs that implement the Petroleum Refinery CTG and there are no ozone 
nonattainment areas in North Carolina or South Carolina. If a petroleum 
refinery wants to locate in the Charlotte area, it would have to meet 
all relevant CAA requirements, including new source review permitting 
requirements that apply before construction and are designed to protect 
the NAAQS. Should the Charlotte area become an ozone nonattainment area 
with a Moderate or higher classification in the future, the area would 
be required to address RACT for all sources covered by all CTGs 
applicable at that time.

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of MCAPCO Rules 
2.0906, Circumvention; 2.0918, Can Coating; 2.0919, Coil Coating; 
2.0924, Magnet Wire Coating; 2.0925, Petroleum Liquid Storage in Fixed 
Roof Tanks; 2.0926, Bulk Gasoline Plants; 2.0927, Bulk Gasoline 
Terminals; 2.0928, Gasoline Service Stations Stage I; 2.0930, Solvent 
Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933, Petroleum Liquid 
Storage in External Floating Roof Tanks; 2.0937, Manufacture of 
Pneumatic Rubber Tires; 2.0944, Manufacture of Polyethylene, 
Polypropylene and Polystyrene; 2.0947, Manufacture of Synthesized 
Pharmaceutical Products; 2.0948, VOC Emissions from Transfer 
Operations; 2.0949, Storage of Miscellaneous Volatile Organic 
Compounds; and 2.0958, Work Practice for Sources of Volatile Organic 
Compounds, all of which have an effective date of December 15, 2015, 
into the Mecklenburg County portion of the North Carolina SIP to update 
the rules to more closely align with their analog North Carolina rules 
in the SIP. Also in this document, EPA is finalizing the removal of 
Rules 2.0910, Alternative Compliance Schedules and 2.0929, Petroleum 
Refinery Sources from the Mecklenburg portion of the North Carolina 
SIP, which were incorporated by reference in accordance with the 
requirements of 1 CFR part 51. 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, 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.\10\
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    \10\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the aforementioned changes to the Mecklenburg LIP. 
Specifically, EPA is approving changes to MCAPCO Rules 2.0926, Bulk 
Gasoline Plants; 2.0927, Bulk Gasoline Terminals; 2.0928, Gasoline 
Service Stations Stage 1; and 2.0958, Work Practice for Sources of 
Volatile Organic Compounds. EPA is finalizing the removal of Rules 
2.0910, Alternative Compliance Schedules and 2.0929, Petroleum Refinery 
Sources and the addition of Rules 2.0947, Manufacture of Synthesized 
Pharmaceutical Products; 2.0948, VOC Emissions from Transfer 
Operations; and 2.0949, Storage of Miscellaneous Volatile Organic 
Compounds. EPA is taking final action to approve these changes to the 
LIP because they are consistent with the CAA.
    EPA is also taking final action to reincorporate the following 
rules with no changes or very few minor grammatical edits with a new 
effective date into the LIP: MCAPCO Rules 2.0906, Circumvention; 
2.0918, Can Coating; 2.0919, Coil Coating; 2.0924, Magnet Wire Coating; 
2.0925, Petroleum Liquid Storage in Fixed Roof Tanks; 2.0930, Solvent 
Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933, Petroleum Liquid 
Storage in External Floating Roof Tanks; 2.0937, Manufacture of 
Pneumatic Rubber Tires; and 2.0944, Manufacture of Polyethylene, 
Polypropylene and Polystyrene.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This action merely 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);

[[Page 10978]]

     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 April 29, 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, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: February 17, 2022.
Daniel Blackman,
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), amend the table under ``Section 2.0900 
Volatile Organic Compounds'' by:
0
a. Removing the entries for ``Section 2.0906'', ``Section 2.0918'', 
``Section 2.0919'', ``Section 2.0924'', ``Section 2.0925'', ``Section 
2.0926'', ``Section 2.0927'', ``Section 2.0928'', ``Section 2.0930'', 
``Section 2.0931'', ``Section 2.0933'', ``Section 2.0937'', ``Section 
2.0944'', and ``Section 2.0958'', and adding in their place entries for 
``Rule 2.0906'', ``Rule 2.0918'', ``Rule 2.0919'', ``Rule 2.0924'', 
``Rule 2.0925'', ``Rule 2.0926'', ``Rule 2.0927'', ``Rule 2.0928'', 
``Rule 2.0930'', ``Rule 2.0931'', ``Rule 2.0933'', ``Rule 2.0937'', 
``Rule 2.0944'', and ``Rule 2.0958'';
0
b. Removing the entries for ``Section 2.0910'' and ``Section 2.0929''; 
and
0
c. Adding entries for ``Rule 2.0947'', ``Rule 2.0948'' and ``Rule 
2.0949'' below the entry for ``Section 2.0945''.
    The additions read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                 (3) EPA Approved Mecklenburg County Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval
        State citation            Title/subject    effective date        date                Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Section 2.0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Rule 2.0906...................  Circumvention....      12/15/2015  2/28/2022,        ...........................
                                                                    [Insert
                                                                    citation of
                                                                    publication].
 
                                                  * * * * * * *
Rule 2.0918...................  Can Coating......      12/15/2015  2/28/2022,        ...........................
                                                                    [Insert
                                                                    citation of
                                                                    publication].
Rule 2.0919...................  Coil Coating.....      12/15/2015  2/28/2022,        ...........................
                                                                    [Insert
                                                                    citation of
                                                                    publication].
 
                                                  * * * * * * *
Rule 2.0924...................  Magnet Wire            12/15/2015  2/28/2022,        ...........................
                                 Coating.                           [Insert
                                                                    citation of
                                                                    publication].
Rule 2.0925...................  Petroleum Liquid       12/15/2015  2/28/2022,        ...........................
                                 Storage in Fixed                   [Insert
                                 Roof Tanks.                        citation of
                                                                    publication].
Rule 2.0926...................  Bulk Gasoline          12/15/2015  2/28/2022,        ...........................
                                 Plants.                            [Insert
                                                                    citation of
                                                                    publication].
Rule 2.0927...................  Bulk Gasoline          12/15/2015  2/28/2022,        ...........................
                                 Terminals.                         [Insert
                                                                    citation of
                                                                    publication].

[[Page 10979]]

 
Rule 2.0928...................  Gasoline Service       12/15/2015  2/28/2022,        ...........................
                                 Stations Stage 1.                  [Insert
                                                                    citation of
                                                                    publication].
Rule 2.0930...................  Solvent Metal          12/15/2015  2/28/2022,        ...........................
                                 Cleaning.                          [Insert
                                                                    citation of
                                                                    publication].
Rule 2.0931...................  Cutback Asphalt..      12/15/2015  2/28/2022,        ...........................
                                                                    [Insert
                                                                    citation of
                                                                    publication].
 
                                                  * * * * * * *
Rule 2.0933...................  Petroleum Liquid       12/15/2015  2/28/2022,        ...........................
                                 Storage in                         [Insert
                                 External                           citation of
                                 Floating Roof                      publication].
                                 Tanks.
 
                                                  * * * * * * *
Rule 2.0937...................  Manufacture of         12/15/2015  2/28/2022,        ...........................
                                 Pneumatic Rubber                   [Insert
                                 Tires.                             citation of
                                                                    publication].
 
                                                  * * * * * * *
Rule 2.0944...................  Manufacture of         12/15/2015  2/28/2022,        ...........................
                                 Polyethylene,                      [Insert
                                 Polypropylene                      citation of
                                 and Polystyrene.                   publication].
 
                                                  * * * * * * *
Rule 2.0947...................  Manufacture of         12/15/2015  2/28/2022,        ...........................
                                 Synthesized                        [Insert
                                 Pharmaceutical                     citation of
                                 Products.                          publication].
Rule 2.0948...................  VOC Emissions          12/15/2015  2/28/2022,        ...........................
                                 from Transfer                      [Insert
                                 Operations.                        citation of
                                                                    publication].
Rule 2.0949...................  Storage of             12/15/2015  2/28/2022,        ...........................
                                 Miscellaneous                      [Insert
                                 Volatile Organic                   citation of
                                 Compounds.                         publication].
 
                                                  * * * * * * *
Rule 2.0958...................  Work Practice for      12/15/2015  2/28/2022,        ...........................
                                 Sources of                         [Insert
                                 Volatile Organic                   citation of
                                 Compounds.                         publication].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-04113 Filed 2-25-22; 8:45 am]
BILLING CODE 6560-50-P


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