Air Plan Approval; North Carolina; Prevention of Significant Deterioration for Mecklenburg County, 60551-60554 [2022-21646]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Rules and Regulations
rechargeable lithium battery and battery
system installation must:
1. Be designed to maintain safe cell
temperatures and pressures under all
foreseeable operating conditions to
prevent fire and explosion.
2. Be designed to prevent the
occurrence of self-sustaining,
uncontrollable increases in temperature
or pressure, and automatically control
the charge rate of each cell to protect
against adverse operating conditions,
such as cell imbalance, back charging,
overcharging, and overheating.
3. Not emit explosive or toxic gases,
either in normal operation or as a result
of its failure, that may accumulate in
hazardous quantities within the
airplane.
4. Meet the requirements of § 25.863.
5. Not damage surrounding structure
or adjacent systems, equipment, or
electrical wiring from corrosive fluids or
gases that may escape in such a way as
to cause a major or more-severe failure
condition.
6. Have provisions to prevent any
hazardous effect on airplane structure or
systems caused by the maximum
amount of heat it can generate due to
any failure of it or its individual cells.
7. Have a failure sensing and warning
system to alert the flightcrew if its
failure affects safe operation of the
airplane.
8. Have a monitoring and warning
feature that alerts the flightcrew when
its charge state falls below acceptable
levels if its function is required for safe
operation of the airplane.
9. Have a means to automatically
disconnect from its charging source in
the event of an over-temperature
condition, cell failure, or battery failure.
lotter on DSK11XQN23PROD with RULES1
Note: A battery system consists of the
battery, battery charger and any protective,
monitoring and alerting circuitry or hardware
inside or outside of the battery. It also
includes vents (where necessary) and
packaging. For the purpose of these special
conditions, a battery and battery system are
referred to as a battery.
Issued in Kansas City, Missouri, on
September 30, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2022–21663 Filed 10–5–22; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
15:51 Oct 05, 2022
Jkt 259001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0867; FRL–9377–02–
R4]
Air Plan Approval; North Carolina;
Prevention of Significant Deterioration
for Mecklenburg County
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a portion 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 Quality (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
Prevention of Significant Deterioration
(PSD) permitting to address changes to
the Federal new source review (NSR)
regulations in recent years. EPA is
approving these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective November
7, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0867. 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
SUMMARY:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
60551
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, Region 4, U.S.
Environmental Protection Agency, 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 of
Mecklenburg LIP
The Mecklenburg LIP was submitted
to EPA on June 14, 1990, and EPA
approved the plan on May 2, 1991. See
56 FR 20140. EPA is now approving
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
submitted the January 21, 2016, and
January 14, 2019, updates. Each of these
submittals were properly noticed to the
public in compliance with 40 CFR
51.102.
This final rule modifies the LIP by
updating the PSD program rules
incorporated into the LIP in Rule
2.0530, Prevention of Significant
Deterioration, and by adding into the
LIP Rule 2.0544, Prevention of
Significant Deterioration Requirements
for Greenhouse Gases.
II. Updates to the Mecklenburg PSD
Program
MCAQ adopts the Federal PSD
provisions of 40 CFR 51.166 with
several changes, consistent with the
State of North Carolina’s PSD rules.3
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 See, e.g., 76 FR 49313 (August 10, 2011); 76 FR
64240 (October 18, 2011); 81 FR 63107 (September
14, 2016); 83 FR 45827 (September 11, 2018); 84 FR
E:\FR\FM\06OCR1.SGM
Continued
06OCR1
60552
Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
MCAPCO Rule 2.0530 adopts certain
provisions of the version of 40 CFR
51.166 effective on July 1, 2014, with
certain revisions described in this
document, and Rule 2.0544 adopts
certain provisions of the version of the
Federal rule effective on July 20, 2011,
with certain revisions described in this
document.
MCAQ’s April 24, 2020, LIP revision
addresses changes EPA made to the PSD
program via ‘‘NSR reform’’ through the
December 31, 2002, final rule (67 FR
80186), with revisions per the
November 7, 2003, final rule (68 FR
63021), the June 13, 2007, final rule (72
FR 32526), and the December 21, 2007,
final rule (72 FR 72607).4 5 The LIP
revision also includes provisions for
implementation of the 1997 8-hour
ozone National Ambient Air Quality
Standards (NAAQS) as promulgated in
the November 29, 2005, final rule (70 FR
71612).
The April 24, 2020, LIP revision also
includes the regulation of fine
particulate matter (particulate matter
with and aerodynamic diameter of 2.5
microns or less, ‘‘PM2.5’’) and its
precursors through the May 16, 2008,
final rule (73 FR 28321), with revisions
per the October 20, 2010, final rule (75
FR 64863), the May 18, 2011, final rule
(76 FR 28646), the October 25, 2012,
final rule (77 FR 65107), and the
38876 (August 8, 2019); and 85 FR 57707
(September 16, 2020).
4 As noted in the August 24, 2022, notice of
proposed rulemaking (NPRM) (87 FR 51946), this
action does not include approval into the LIP of the
October 27, 2003, final rule revisions referred to as
the ‘‘Equipment Replacement Provision Rule’’ (68
FR 61248) to 40 CFR 51.166(b)(2)(iii)(a), the
incorporation by reference of 40 CFR 51.166(b)(53)
through (56), nor the incorporation by reference of
40 CFR 51.166(y). These provisions were in the
Federal rule as of July 1, 2014, but were previously
vacated by the D.C. Circuit. New York v. EPA, 443
F.3d 880 (D.C. Cir. 2006). On September 27, 2022,
MCAQ provided further clarification to EPA that
these provisions are not part of the Mecklenburg
PSD program, are not implemented locally, and are
not requested for approval into the Mecklenburg
LIP. This letter is included in the docket for this
rulemaking.
5 As noted in the August 24, 2022, NPRM, this
action does not include approval into the LIP of the
December 19, 2008, final rule revisions referred to
as the ‘‘Fugitive Emissions Rule’’ (73 FR 77882) to
40 CFR 51.166(b)(2)(v) and (b)(3)(iii)(d). These
provisions remain in the Federal rule as of July 1,
2014, and to present day; however, these provisions
are indefinitely stayed by EPA and therefore not
effective. See 76 FR 17553 (March 30, 2011). On
September 27, 2022, MCAQ provided further
clarification to EPA that these provisions are not
part of the Mecklenburg PSD program, are not
implemented locally, and are not requested for
approval into the Mecklenburg LIP. This letter is
included in the docket for this rulemaking.
VerDate Sep<11>2014
15:51 Oct 05, 2022
Jkt 259001
December 9, 2013, final rule (78 FR
73698).
Next, this revision also conforms the
MCAPCO rules to changes to EPA
regulations reflected in EPA’s 2007
Ethanol Rule. See 72 FR 24060 (May 1,
2007). EPA included technical analysis
in separate technical support documents
(TSD) included in the docket for this
rulemaking specific to the incorporation
of the 2007 Ethanol Rule. See the TSD
and the August 24, 2022, NPRM for
further detail on the LIP revision related
to incorporation of the 2007 Ethanol
Rule provisions and EPA’s rationale for
approval. Finally, the April 24, 2020,
LIP revision includes the provisions
necessary to implement PSD for
greenhouse gases through the June 3,
2010, final rule (75 FR 31514).6 7 See the
August 24, 2022, NPRM for additional
details and rationale for EPA’s action.
EPA received one comment that is not
relevant to this action. The comment is
available in the docket for this action.
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, and as discussed in Sections I and
II of this preamble, EPA is finalizing the
incorporation by reference the following
Mecklenburg County Rules: 2.0530,
Prevention of Significant Deterioration,
effective on October 17, 2017; 8 and
2.0544, Prevention of Significant
Deterioration Requirements for
Greenhouse Gases, effective on
December 15, 2015.9 EPA has made, and
6 The July 20, 2011, incorporation by reference
date at Rule 2.0544(o) does not include the
regulation of ‘‘GHG-only’’ sources in accordance
with the June 3, 2010, final rule, however, because
language within Rule 2.0544(a) states that only
sources already subject to PSD for another
‘‘regulated NSR pollutant’’ are regulated for the
purposes of GHGs. This is consistent with current
Federal regulations per the August 19, 2015, final
rule (80 FR 50199).
7 MCAQ submitted a letter on February 4, 2022,
through NCDAQ, clarifying its intent for EPA not
to adopt the since-vacated text of the July 20, 2011,
Biomass Deferral Rule (76 FR 43490) previously
codified at 40 CFR 51.166(b)(48)(ii)(a). Specifically,
the February 4, 2022, letter withdraws this portion
of the adoption of PSD provisions from the April
24, 2020, submittal.
8 This action does incorporate by reference into
the LIP the Equipment Replacement Rule and
Fugitive Emissions Rule contained in 40 CFR
51.166(b)(2)(iii)(a), (b)(2)(v), (b)(3)(iii)(d), (b)(53)
through (56), and (y) as those CFR provisions
existed on July 1, 2014. See footnotes 4 and 5 for
more details.
9 This action does incorporate by reference into
the LIP the Biomass Deferral Rule contained in the
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
will continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, 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 County LIP.
Specifically, EPA is incorporating
updates to PSD permitting provisions in
Rule 2.0530, Prevention of Significant
Deterioration, with the exception of
those provisions described in footnote 8,
and is incorporating new Rule 2.0544,
Prevention of Significant Deterioration
Requirements for Greenhouse Gases,
with the exception of those provisions
described in footnote 9. With these
changes and additions, the local
regulations will now be consistent with
the State’s current SIP-approved PSD
program and Federal PSD rules.
Therefore, EPA is approving the April
24, 2020, LIP revision changes to
Mecklenburg County’s PSD permitting
program, pursuant to the Act and EPA’s
implementing regulations.
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:
second sentence 40 CFR 51.166(b)(48)(ii)(a) as that
CFR provision existed on July 20, 2011. See
footnotes 6 and 7 for more details.
10 See 62 FR 27968 (May 22, 1997).
E:\FR\FM\06OCR1.SGM
06OCR1
60553
Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Rules and Regulations
• 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 December 5, 2022. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 30, 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 entry for ‘‘Section
2.0530’’ and adding in its place an entry
for ‘‘Rule 2.0530;’’ and
■ b. Adding an entry for ‘‘Rule 2.0544’’
in numerical order.
The additions read as follows:
■
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS
State citation
*
Title/subject
*
*
*
Section 2.0500
lotter on DSK11XQN23PROD with RULES1
Rule 2.0530 ............................
VerDate Sep<11>2014
15:51 Oct 05, 2022
State effective
date
Prevention of Significant Deterioration.
Jkt 259001
PO 00000
Frm 00005
EPA approval date
*
Explanation
*
*
Emission Control Standards
10/17/2017
Fmt 4700
Sfmt 4700
10/6/2022, [Insert citation of
publication].
E:\FR\FM\06OCR1.SGM
06OCR1
Except for the incorporation
by reference of 40 CFR
51.166(b)(2)(iii)(a), which is
instead incorporated by reference as of July 1, 1988.
Except for the incorporation
by reference of 40 CFR
51.166(b)(2)(v),
(b)(3)(iii)(d), (b)(53) through
(56), and (y).
60554
Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Rules and Regulations
(3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS—Continued
State citation
Title/subject
*
*
*
Rule 2.0544 ............................ Prevention of Significant Deterioration Requirements for
Greenhouse Gases.
*
*
*
*
State effective
date
*
12/15/2015
EPA approval date
*
10/6/2022, [Insert citation of
publication].
*
[FR Doc. 2022–21646 Filed 10–5–22; 8:45 am]
lotter on DSK11XQN23PROD with RULES1
BILLING CODE 6560–50–P
VerDate Sep<11>2014
15:51 Oct 05, 2022
Jkt 259001
PO 00000
Frm 00006
Fmt 4700
Sfmt 9990
E:\FR\FM\06OCR1.SGM
06OCR1
Explanation
*
*
Except for the Biomass Deferral Rule language contained in the second sentence of 40 CFR
51.166(b)(48)(ii)(a).
]]>Agencies
[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Rules and Regulations]
[Pages 60551-60554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21646]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0867; FRL-9377-02-R4]
Air Plan Approval; North Carolina; Prevention of Significant
Deterioration for Mecklenburg County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion 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 Quality (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 Prevention of Significant Deterioration (PSD) permitting to
address changes to the Federal new source review (NSR) regulations in
recent years. EPA is approving these changes pursuant to the Clean Air
Act (CAA or Act).
DATES: This rule is effective November 7, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0867. 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, Region 4, U.S. Environmental Protection Agency, 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 of Mecklenburg LIP
The Mecklenburg LIP was submitted to EPA on June 14, 1990, and EPA
approved the plan on May 2, 1991. See 56 FR 20140. EPA is now approving
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
submitted the January 21, 2016, and January 14, 2019, updates. Each of
these submittals were properly noticed to the public in compliance with
40 CFR 51.102.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
This final rule modifies the LIP by updating the PSD program rules
incorporated into the LIP in Rule 2.0530, Prevention of Significant
Deterioration, and by adding into the LIP Rule 2.0544, Prevention of
Significant Deterioration Requirements for Greenhouse Gases.
II. Updates to the Mecklenburg PSD Program
MCAQ adopts the Federal PSD provisions of 40 CFR 51.166 with
several changes, consistent with the State of North Carolina's PSD
rules.\3\
[[Page 60552]]
MCAPCO Rule 2.0530 adopts certain provisions of the version of 40 CFR
51.166 effective on July 1, 2014, with certain revisions described in
this document, and Rule 2.0544 adopts certain provisions of the version
of the Federal rule effective on July 20, 2011, with certain revisions
described in this document.
---------------------------------------------------------------------------
\3\ See, e.g., 76 FR 49313 (August 10, 2011); 76 FR 64240
(October 18, 2011); 81 FR 63107 (September 14, 2016); 83 FR 45827
(September 11, 2018); 84 FR 38876 (August 8, 2019); and 85 FR 57707
(September 16, 2020).
---------------------------------------------------------------------------
MCAQ's April 24, 2020, LIP revision addresses changes EPA made to
the PSD program via ``NSR reform'' through the December 31, 2002, final
rule (67 FR 80186), with revisions per the November 7, 2003, final rule
(68 FR 63021), the June 13, 2007, final rule (72 FR 32526), and the
December 21, 2007, final rule (72 FR 72607).4 5 The LIP
revision also includes provisions for implementation of the 1997 8-hour
ozone National Ambient Air Quality Standards (NAAQS) as promulgated in
the November 29, 2005, final rule (70 FR 71612).
---------------------------------------------------------------------------
\4\ As noted in the August 24, 2022, notice of proposed
rulemaking (NPRM) (87 FR 51946), this action does not include
approval into the LIP of the October 27, 2003, final rule revisions
referred to as the ``Equipment Replacement Provision Rule'' (68 FR
61248) to 40 CFR 51.166(b)(2)(iii)(a), the incorporation by
reference of 40 CFR 51.166(b)(53) through (56), nor the
incorporation by reference of 40 CFR 51.166(y). These provisions
were in the Federal rule as of July 1, 2014, but were previously
vacated by the D.C. Circuit. New York v. EPA, 443 F.3d 880 (D.C.
Cir. 2006). On September 27, 2022, MCAQ provided further
clarification to EPA that these provisions are not part of the
Mecklenburg PSD program, are not implemented locally, and are not
requested for approval into the Mecklenburg LIP. This letter is
included in the docket for this rulemaking.
\5\ As noted in the August 24, 2022, NPRM, this action does not
include approval into the LIP of the December 19, 2008, final rule
revisions referred to as the ``Fugitive Emissions Rule'' (73 FR
77882) to 40 CFR 51.166(b)(2)(v) and (b)(3)(iii)(d). These
provisions remain in the Federal rule as of July 1, 2014, and to
present day; however, these provisions are indefinitely stayed by
EPA and therefore not effective. See 76 FR 17553 (March 30, 2011).
On September 27, 2022, MCAQ provided further clarification to EPA
that these provisions are not part of the Mecklenburg PSD program,
are not implemented locally, and are not requested for approval into
the Mecklenburg LIP. This letter is included in the docket for this
rulemaking.
---------------------------------------------------------------------------
The April 24, 2020, LIP revision also includes the regulation of
fine particulate matter (particulate matter with and aerodynamic
diameter of 2.5 microns or less, ``PM2.5'') and its
precursors through the May 16, 2008, final rule (73 FR 28321), with
revisions per the October 20, 2010, final rule (75 FR 64863), the May
18, 2011, final rule (76 FR 28646), the October 25, 2012, final rule
(77 FR 65107), and the December 9, 2013, final rule (78 FR 73698).
Next, this revision also conforms the MCAPCO rules to changes to
EPA regulations reflected in EPA's 2007 Ethanol Rule. See 72 FR 24060
(May 1, 2007). EPA included technical analysis in separate technical
support documents (TSD) included in the docket for this rulemaking
specific to the incorporation of the 2007 Ethanol Rule. See the TSD and
the August 24, 2022, NPRM for further detail on the LIP revision
related to incorporation of the 2007 Ethanol Rule provisions and EPA's
rationale for approval. Finally, the April 24, 2020, LIP revision
includes the provisions necessary to implement PSD for greenhouse gases
through the June 3, 2010, final rule (75 FR 31514).6 7 See
the August 24, 2022, NPRM for additional details and rationale for
EPA's action. EPA received one comment that is not relevant to this
action. The comment is available in the docket for this action.
---------------------------------------------------------------------------
\6\ The July 20, 2011, incorporation by reference date at Rule
2.0544(o) does not include the regulation of ``GHG-only'' sources in
accordance with the June 3, 2010, final rule, however, because
language within Rule 2.0544(a) states that only sources already
subject to PSD for another ``regulated NSR pollutant'' are regulated
for the purposes of GHGs. This is consistent with current Federal
regulations per the August 19, 2015, final rule (80 FR 50199).
\7\ MCAQ submitted a letter on February 4, 2022, through NCDAQ,
clarifying its intent for EPA not to adopt the since-vacated text of
the July 20, 2011, Biomass Deferral Rule (76 FR 43490) previously
codified at 40 CFR 51.166(b)(48)(ii)(a). Specifically, the February
4, 2022, letter withdraws this portion of the adoption of PSD
provisions from the April 24, 2020, submittal.
---------------------------------------------------------------------------
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, and as discussed in Sections I and II of this preamble, EPA is
finalizing the incorporation by reference the following Mecklenburg
County Rules: 2.0530, Prevention of Significant Deterioration,
effective on October 17, 2017; \8\ and 2.0544, Prevention of
Significant Deterioration Requirements for Greenhouse Gases, effective
on December 15, 2015.\9\ EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 4 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, 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\
---------------------------------------------------------------------------
\8\ This action does incorporate by reference into the LIP the
Equipment Replacement Rule and Fugitive Emissions Rule contained in
40 CFR 51.166(b)(2)(iii)(a), (b)(2)(v), (b)(3)(iii)(d), (b)(53)
through (56), and (y) as those CFR provisions existed on July 1,
2014. See footnotes 4 and 5 for more details.
\9\ This action does incorporate by reference into the LIP the
Biomass Deferral Rule contained in the second sentence 40 CFR
51.166(b)(48)(ii)(a) as that CFR provision existed on July 20, 2011.
See footnotes 6 and 7 for more details.
\10\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
EPA is approving the aforementioned changes to the Mecklenburg
County LIP. Specifically, EPA is incorporating updates to PSD
permitting provisions in Rule 2.0530, Prevention of Significant
Deterioration, with the exception of those provisions described in
footnote 8, and is incorporating new Rule 2.0544, Prevention of
Significant Deterioration Requirements for Greenhouse Gases, with the
exception of those provisions described in footnote 9. With these
changes and additions, the local regulations will now be consistent
with the State's current SIP-approved PSD program and Federal PSD
rules. Therefore, EPA is approving the April 24, 2020, LIP revision
changes to Mecklenburg County's PSD permitting program, pursuant to the
Act and EPA's implementing regulations.
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:
[[Page 60553]]
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 December 5, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 30, 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 entry for ``Section 2.0530'' and adding in its place an
entry for ``Rule 2.0530;'' and
0
b. Adding an entry for ``Rule 2.0544'' in numerical order.
The additions read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(3) EPA Approved Mecklenburg County Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 2.0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Rule 2.0530...................... Prevention of 10/17/2017 10/6/2022, [Insert Except for the
Significant citation of incorporation by
Deterioration. publication]. reference of 40
CFR
51.166(b)(2)(iii)(
a), which is
instead
incorporated by
reference as of
July 1, 1988.
Except for the
incorporation by
reference of 40
CFR
51.166(b)(2)(v),
(b)(3)(iii)(d),
(b)(53) through
(56), and (y).
[[Page 60554]]
* * * * * * *
Rule 2.0544...................... Prevention of 12/15/2015 10/6/2022, [Insert Except for the
Significant citation of Biomass Deferral
Deterioration publication]. Rule language
Requirements for contained in the
Greenhouse Gases. second sentence of
40 CFR
51.166(b)(48)(ii)(
a).
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-21646 Filed 10-5-22; 8:45 am]
BILLING CODE 6560-50-P
