Air Plan Approval; North Carolina; Mecklenburg Emission Control Standards, 79443-79446 [2024-22134]
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
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Christopher Doyle,
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[FR Doc. 2024–22086 Filed 9–27–24; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0264; FRL–8980–02–
R4]
Air Plan Approval; North Carolina;
Mecklenburg Emission Control
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision to
the Mecklenburg County portion of the
North Carolina SIP, hereinafter referred
to as the Mecklenburg Local
Implementation Plan (LIP). The revision
was submitted by the State of North
Carolina, through the North Carolina
Division of Air Quality (NCDAQ), on
behalf of Mecklenburg County Air
Quality (MCAQ) via a letter dated April
24, 2020. The revision includes updates
to various emission control standards
contained in the Mecklenburg County
Air Pollution Control Ordinance
(MCAPCO) incorporated into the LIP.
EPA is approving these changes
pursuant to the Clean Air Act (CAA or
Act).
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EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0264. All documents in the docket
are listed on the 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:
Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8085. Mr. Ortiz Borrero can also be
reached via electronic mail at
ortizborrero.josue@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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SUMMARY:
This rule is effective October 30,
2024.
I. Background
The original 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 to
modify the LIP for, among other things,
general consistency with the North
Carolina SIP.1 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,
1 The Mecklenburg County, North Carolina
revision that is dated April 24, 2020, and received
by EPA on June 19, 2020, is comprised of three
previous submittals—one dated January 21, 2016;
one dated October 25, 2017; and one dated January
14, 2019.
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79443
2019, updates. Due to an inconsistency
with public notice at the local level,
these submittals were withdrawn from
EPA through a letter dated February 15,
2019. Mecklenburg County corrected
this error, and NCDAQ submitted the
updates to EPA in a submittal dated
April 24, 2020.2
The April 24, 2020, submittal
includes changes and updates to the
following rules to align them more
closely with their analogous SIPapproved North Carolina regulations:
MCAPCO Rules 2.0502, Purpose;
2.0507, Particulates from Chemical
Fertilizer Manufacturing Plants; 2.0508,
Particulates from Pulp and Paper Mills;
2.0513, Particulates from Portland
Cement Plants; 2.0514, Particulates
from Ferrous Jobbing Foundries; 2.0515,
Particulates from Miscellaneous
Industrial Processes; and 2.0533, Stack
Height. EPA is approving the
incorporation of these rules into the
Mecklenburg LIP.3
In a notice of proposed rulemaking
(NPRM) published on July 25, 2024 (89
FR 60339), EPA proposed to approve the
April 24, 2020, SIP revision. The details
of North Carolina’s submittal and the
rationale for EPA’s action are explained
further in the July 25, 2024, NPRM.
Comments on the NPRM were due on or
before August 26, 2024. EPA received
three sets of comments on the July 25,
2024, NPRM. One set of comments is
not relevant to this action and two sets
of comments are substantively identical.
The two substantively identical
comment sets are addressed below. All
three comment sets are available in the
docket for this action.
II. Response to Comments
EPA received two substantively
identical sets of comments on the July
25, 2024, NPRM from Clean Future
(Commenter). EPA has summarized and
responded to the comments below.
Comments: The Commenter generally
supports EPA’s action and states that
this SIP revision is ‘‘an important step
toward improving air quality
management in the region.’’ The
Commenter provides generalized
suggestions regarding the LIP and
implementation of the LIP, including a
request for a requirement that ‘‘actively
gets updates and statements of
2 EPA notes that the April 24, 2020, submission
was received by EPA on June 19, 2020. For clarity,
throughout this document EPA will refer to the June
19, 2020, submission by its cover letter date of April
24, 2020.
3 EPA has previously taken action on portions of
the April 24, 2020, submittal. The April 24, 2020,
submittal contains changes to other Mecklenburg
LIP-approved rules that are not addressed in this
document. EPA will be acting on those rules in
separate actions.
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facilities,’’ a request for regular
assessments to ensure the regulations
are being properly implemented, and a
recommendation that EPA establish a
mechanism for periodic review and
adjustment of the regulations to
incorporate new developments and
address any unforeseen challenges. The
Commenter also notes that there should
be monitoring and enforcement and
‘‘effective mechanisms and reporting,’’
notes the importance of reviewing how
these updated standards compare with
current federal and State guidelines and
notes the importance of assessing the
effectiveness of these regulations to
reduce emissions.
Response: EPA appreciates the
Commenter’s support for this action.
Due to the general nature of the
Commenter’s requests and suggestions,
EPA is only able to provide general
responses.
The scope of EPA’s review in
evaluating SIP revisions is limited to the
process in CAA section 110 and EPA’s
implementing regulations codified at 40
CFR part 51. Under CAA section 110,
States have broad discretion to choose
the mix of emission limitations and
other control measures, means, or
techniques that they will implement (or
update) through a SIP to provide for
attainment and maintenance of national
ambient air quality standards (NAAQS).
EPA’s role, with respect to a SIP
revision, is focused on reviewing the
submission to determine whether it
meets the minimum criteria of the CAA.
These minimum criteria include CAA
section 110(l), which prohibits EPA
from approving a SIP revision that
would interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171), or any other applicable
requirement of the Act. Where a SIP
revision meets the minimum CAA
criteria, EPA must approve the
submission. When approving a SIP
revision, the Agency is not establishing
its own requirements for the State to
implement. If, at any time, EPA finds
that a SIP is inadequate to attain or
maintain the relevant NAAQS or
otherwise does not comply with the
CAA, EPA has the authority under CAA
section 110(k)(5) to require the State to
revise its SIP to correct such
inadequacies.
In general, the Act addresses
monitoring, reporting, and enforcement
in SIPs (as well as LIPs). See, e.g., CAA
section 110(a)(2)(A) (requiring
‘‘enforceable emission limitations and
other control measures, means, or
techniques’’); CAA section
110(a)(2)(B)(i) (requiring the
‘‘establishment and operation of devices
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. . . to . . . monitor, compile, and
analyze data on ambient air quality’’);
CAA section 110(a)(2)(C) (requiring ‘‘a
program to provide for the enforcement’’
of such measures); CAA section
110(a)(2)(F) (addressing reporting). The
LIP revisions at issue here are narrow
and only include updates to emission
standards in MCAPCO 2.0502, Purpose;
2.0507, Particulates from Chemical
Fertilizer Manufacturing Plants; 2.0508,
Particulates from Pulp and Paper Mills;
2.0513, Particulates from Portland
Cement Plants; 2.0514, Particulates
from Ferrous Jobbing Foundries; 2.0515,
Particulates from Miscellaneous
Industrial Processes; and 2.0533, Stack
Height. The revision does not alter any
existing LIP-approved monitoring,
enforcement, or reporting requirements,
remove any such requirements, or add
any such requirements. Given the
limited nature of this SIP revision and
EPA’s role in reviewing SIP revisions
discussed above, the comments
regarding monitoring, reporting, and
enforcement are beyond the scope of
this action. Regarding the Commenter’s
recommendation to establish a
mechanism for periodic review and
adjustment of regulations to incorporate
new developments and challenges, EPA
reiterates that it has the authority to
issue a SIP call under CAA section
110(k)(5) if, at any time, it finds the SIP
to be inadequate to attain or maintain
the relevant NAAQS or otherwise does
not comply with the CAA.
Regarding the importance of assessing
the effectiveness of these regulations to
reduce emissions and comparing the
revision with federal and State
guidelines, EPA reviewed the revision
in accordance with CAA section 110(l),
which prohibits the Agency from
approving a SIP revision that would
interfere with any applicable
requirement concerning attainment or
any other applicable requirement of the
Act. In developing the NPRM, EPA
evaluated each rule revision, including
its potential impact on air quality and
its consistency with applicable CAA
requirements, and determined that the
revision meets the requirements of CAA
section 110(l). EPA is therefore
approving this revision to the
Mecklenburg LIP.
III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, and as discussed in Sections
I and II of this preamble, EPA is
finalizing the incorporation by reference
of the following revised MCAPCO
Rules, with a local effective date of
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December 15, 2015, into the
Mecklenburg LIP: 2.0502, Purpose;
2.0507, Particulates from Chemical
Fertilizer Manufacturing Plants; 2.0508,
Particulates from Pulp and Paper
Mills; 4 2.0513, Particulates from
Portland Cement Plants; 5 2.0514,
Particulates from Ferrous Jobbing
Foundries; 6 2.0515, Particulates from
Miscellaneous Industrial Processes; and
2.0533, Stack Height. EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.7
IV. Final Action
EPA is approving the aforementioned
SIP revision by incorporating the
following MCAPCO Rules, with a local
effective date of December 15, 2015, into
the Mecklenburg LIP: 2.0502, Purpose;
2.0507, Particulates from Chemical
Fertilizer Manufacturing Plants; 2.0508,
Particulates from Pulp and Paper Mills;
2.0513, Particulates from Portland
Cement Plants; 2.0514, Particulates
from Ferrous Jobbing Foundries; 2.0515,
Particulates from Miscellaneous
Industrial Processes; and 2.0533, Stack
Height.
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
CAA 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. Accordingly, this action
merely approves State law as meeting
4 Rule 2.0508, currently entitled Control of
Particulates from Pulp and Paper Mills in the
Mecklenburg LIP, is being renamed to Particulates
from Pulp and Paper Mills.
5 Rule 2.0513, currently entitled Control of
Particulates from Portland Cement Plants in the
Mecklenburg LIP, is being renamed to Particulates
from Portland Cement Plants.
6 Rule 2.0514, currently entitled Control of
Particulates from Ferrous Jobbing Foundries in the
Mecklenburg LIP, is being renamed to Particulates
from Ferrous Jobbing Foundries
7 62 FR 27968 (May 22, 1997).
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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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
In addition, 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 and will not impose
substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Citation
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies.’’ EPA further defines the term
fair treatment to mean that ‘‘no group of
people should bear a disproportionate
burden of environmental harms and
risks, including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
NCDAQ did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for communities with EJ
concerns.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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
County
effective
date
Title/subject
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SECTION 2.0500
Court of Appeals for the appropriate
circuit by November 29, 2024. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements.
Dated: September 20, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 paragraph (c)(3),
amend the table by revising the entries
for ‘‘Rule 2.0502’’, ‘‘Rule 2.0507’’, ‘‘Rule
2.0508’’, ‘‘Rule 2.0513’’, ‘‘Rule 2.0514’’,
‘‘Rule 2.0515’’, and ‘‘Rule 2.0533’’ to
read as follows.
■
§ 52.1770
Identification of plan.
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(c) * * *
(3) EPA-Approved Mecklenburg
County Regulations
EPA approval date
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Explanation
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EMISSION CONTROL STANDARDS
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Rule 2.0502 ............
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Purpose ...................................................
*
12/15/2015
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*
9/30/2024, [Insert first page of Federal
Register citation].
*
..............................
*
Rule 2.0507 ............
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Particulates from Chemical Fertilizer
Manufacturing Plants.
*
12/15/2015
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*
9/30/2024, [Insert first page of Federal
Register citation].
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Title/subject
Rule 2.0508 ............
Particulates from Pulp and Paper Mills ...
12/15/2015
9/30/2024, [Insert first page of Federal
Register citation].
..............................
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Rule 2.0513 ............
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Particulates from Portland Cement
Plants.
Particulates from Ferrous Jobbing
Foundries.
Particulates from Miscellaneous Industrial Processes.
*
12/15/2015
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*
9/30/2024, [Insert first page of Federal
Register citation].
9/30/2024, [Insert first page of Federal
Register citation].
9/30/2024, [Insert first page of Federal
Register citation].
*
..............................
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Stack Height ............................................
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12/15/2015
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9/30/2024, [Insert first page of Federal
Register citation].
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..............................
Rule 2.0514 ............
Rule 2.0515 ............
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Rule 2.0533 ............
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[FR Doc. 2024–22134 Filed 9–27–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R03–RCRA–2024–0046; FRL–11702–
03–R3]
West Virginia: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final action.
AGENCY:
The state of West Virginia has
applied to the United States
Environmental Protection Agency (EPA)
for final authorization of revisions to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA has determined that
these revisions satisfy all requirements
needed to qualify for final authorization
and is hereby authorizing West
Virginia’s revisions through this direct
final rule.
DATES: This final authorization will
become effective on November 29, 2024,
unless EPA receives adverse written
comments by October 30, 2024. If EPA
receives any such comments, EPA will
publish a timely withdrawal of this
direct final rule in the Federal Register.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
RCRA–2024–0046 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
SUMMARY:
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date
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EPA approval date
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electronically any information you
consider to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a
written comment. The written comment
is considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
The EPA encourages electronic
submittals, but if you are unable to
submit electronically or need other
assistance, please contact Priscilla Ortiz
Carrero, the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
Please also contact Priscilla Ortiz
Carrero if you need assistance in a
language other than English or if you are
a person with disabilities who needs a
reasonable accommodation at no cost to
you.
FOR FURTHER INFORMATION CONTACT:
Priscilla Ortiz Carrero, RCRA Programs
Branch, Land, Chemicals and
Redevelopment Division, U.S.
Environmental Protection Agency
Region 3 Four Penn Center, 1600 John
F. Kennedy Blvd. (Mail code 3LD31),
Philadelphia, PA 19103–2852, Phone
number: (215) 814–3428; email:
ortizcarrero.priscilla@epa.gov.
SUPPLEMENTARY INFORMATION:
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Explanation
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A. Why are revisions to State programs
necessary?
States that have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program is
revised to become more stringent or
broader in scope, States must revise
their programs and apply to EPA to
authorize the revisions. Authorization of
revisions to State programs may be
necessary when Federal or State
statutory or regulatory authority is
modified or when certain other
revisions occur. Most commonly, States
must revise their programs because of
revisions to EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
B. What decisions have we made in this
rule?
On August 9, 2022, West Virginia
submitted a final program revision
application (with updated checklists
submitted the following year) seeking
authorization of revisions to its
hazardous waste program that
correspond to certain Federal rules
promulgated through August 21, 2019.
EPA concludes that West Virginia’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA, as set forth in RCRA section
3006(b), 42 U.S.C. 6926(b), and 40 CFR
part 271. Therefore, EPA grants West
Virginia final authorization to operate
its hazardous waste program with the
revisions described in its authorization
application, as outlined below in
section G of this preamble.
West Virginia has responsibility for
permitting treatment, storage, and
disposal facilities (TSDFs) within its
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]]>Agencies
[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79443-79446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22134]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0264; FRL-8980-02-R4]
Air Plan Approval; North Carolina; Mecklenburg Emission Control
Standards
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 revision was submitted by the
State of North Carolina, through the North Carolina Division of Air
Quality (NCDAQ), on behalf of Mecklenburg County Air Quality (MCAQ) via
a letter dated April 24, 2020. The revision includes updates to various
emission control standards contained in the Mecklenburg County Air
Pollution Control Ordinance (MCAPCO) incorporated into the LIP. EPA is
approving these changes pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective October 30, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0264. All documents in the docket
are listed on the 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: Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8085. Mr. Ortiz Borrero can also be reached via electronic
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The original 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 to modify the LIP for,
among other things, general consistency with the North Carolina SIP.\1\
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 notice at the local level, these submittals
were withdrawn from EPA through a letter dated February 15, 2019.
Mecklenburg County corrected this error, and NCDAQ submitted the
updates to EPA in a submittal dated April 24, 2020.\2\
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\1\ The Mecklenburg County, North Carolina revision that is
dated April 24, 2020, and received by EPA on June 19, 2020, is
comprised of three previous submittals--one dated January 21, 2016;
one dated October 25, 2017; and one dated January 14, 2019.
\2\ EPA notes that the April 24, 2020, submission was received
by EPA on June 19, 2020. For clarity, throughout this document EPA
will refer to the June 19, 2020, submission by its cover letter date
of April 24, 2020.
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The April 24, 2020, submittal includes changes and updates to the
following rules to align them more closely with their analogous SIP-
approved North Carolina regulations: MCAPCO Rules 2.0502, Purpose;
2.0507, Particulates from Chemical Fertilizer Manufacturing Plants;
2.0508, Particulates from Pulp and Paper Mills; 2.0513, Particulates
from Portland Cement Plants; 2.0514, Particulates from Ferrous Jobbing
Foundries; 2.0515, Particulates from Miscellaneous Industrial
Processes; and 2.0533, Stack Height. EPA is approving the incorporation
of these rules into the Mecklenburg LIP.\3\
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\3\ EPA has previously taken action on portions of the April 24,
2020, submittal. The April 24, 2020, submittal contains changes to
other Mecklenburg LIP-approved rules that are not addressed in this
document. EPA will be acting on those rules in separate actions.
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In a notice of proposed rulemaking (NPRM) published on July 25,
2024 (89 FR 60339), EPA proposed to approve the April 24, 2020, SIP
revision. The details of North Carolina's submittal and the rationale
for EPA's action are explained further in the July 25, 2024, NPRM.
Comments on the NPRM were due on or before August 26, 2024. EPA
received three sets of comments on the July 25, 2024, NPRM. One set of
comments is not relevant to this action and two sets of comments are
substantively identical. The two substantively identical comment sets
are addressed below. All three comment sets are available in the docket
for this action.
II. Response to Comments
EPA received two substantively identical sets of comments on the
July 25, 2024, NPRM from Clean Future (Commenter). EPA has summarized
and responded to the comments below.
Comments: The Commenter generally supports EPA's action and states
that this SIP revision is ``an important step toward improving air
quality management in the region.'' The Commenter provides generalized
suggestions regarding the LIP and implementation of the LIP, including
a request for a requirement that ``actively gets updates and statements
of
[[Page 79444]]
facilities,'' a request for regular assessments to ensure the
regulations are being properly implemented, and a recommendation that
EPA establish a mechanism for periodic review and adjustment of the
regulations to incorporate new developments and address any unforeseen
challenges. The Commenter also notes that there should be monitoring
and enforcement and ``effective mechanisms and reporting,'' notes the
importance of reviewing how these updated standards compare with
current federal and State guidelines and notes the importance of
assessing the effectiveness of these regulations to reduce emissions.
Response: EPA appreciates the Commenter's support for this action.
Due to the general nature of the Commenter's requests and suggestions,
EPA is only able to provide general responses.
The scope of EPA's review in evaluating SIP revisions is limited to
the process in CAA section 110 and EPA's implementing regulations
codified at 40 CFR part 51. Under CAA section 110, States have broad
discretion to choose the mix of emission limitations and other control
measures, means, or techniques that they will implement (or update)
through a SIP to provide for attainment and maintenance of national
ambient air quality standards (NAAQS). EPA's role, with respect to a
SIP revision, is focused on reviewing the submission to determine
whether it meets the minimum criteria of the CAA. These minimum
criteria include CAA section 110(l), which prohibits EPA from approving
a SIP revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of the Act. Where a
SIP revision meets the minimum CAA criteria, EPA must approve the
submission. When approving a SIP revision, the Agency is not
establishing its own requirements for the State to implement. If, at
any time, EPA finds that a SIP is inadequate to attain or maintain the
relevant NAAQS or otherwise does not comply with the CAA, EPA has the
authority under CAA section 110(k)(5) to require the State to revise
its SIP to correct such inadequacies.
In general, the Act addresses monitoring, reporting, and
enforcement in SIPs (as well as LIPs). See, e.g., CAA section
110(a)(2)(A) (requiring ``enforceable emission limitations and other
control measures, means, or techniques''); CAA section 110(a)(2)(B)(i)
(requiring the ``establishment and operation of devices . . . to . . .
monitor, compile, and analyze data on ambient air quality''); CAA
section 110(a)(2)(C) (requiring ``a program to provide for the
enforcement'' of such measures); CAA section 110(a)(2)(F) (addressing
reporting). The LIP revisions at issue here are narrow and only include
updates to emission standards in MCAPCO 2.0502, Purpose; 2.0507,
Particulates from Chemical Fertilizer Manufacturing Plants; 2.0508,
Particulates from Pulp and Paper Mills; 2.0513, Particulates from
Portland Cement Plants; 2.0514, Particulates from Ferrous Jobbing
Foundries; 2.0515, Particulates from Miscellaneous Industrial
Processes; and 2.0533, Stack Height. The revision does not alter any
existing LIP-approved monitoring, enforcement, or reporting
requirements, remove any such requirements, or add any such
requirements. Given the limited nature of this SIP revision and EPA's
role in reviewing SIP revisions discussed above, the comments regarding
monitoring, reporting, and enforcement are beyond the scope of this
action. Regarding the Commenter's recommendation to establish a
mechanism for periodic review and adjustment of regulations to
incorporate new developments and challenges, EPA reiterates that it has
the authority to issue a SIP call under CAA section 110(k)(5) if, at
any time, it finds the SIP to be inadequate to attain or maintain the
relevant NAAQS or otherwise does not comply with the CAA.
Regarding the importance of assessing the effectiveness of these
regulations to reduce emissions and comparing the revision with federal
and State guidelines, EPA reviewed the revision in accordance with CAA
section 110(l), which prohibits the Agency from approving a SIP
revision that would interfere with any applicable requirement
concerning attainment or any other applicable requirement of the Act.
In developing the NPRM, EPA evaluated each rule revision, including its
potential impact on air quality and its consistency with applicable CAA
requirements, and determined that the revision meets the requirements
of CAA section 110(l). EPA is therefore approving this revision to the
Mecklenburg LIP.
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, and as discussed in Sections I and II of this preamble, EPA
is finalizing the incorporation by reference of the following revised
MCAPCO Rules, with a local effective date of December 15, 2015, into
the Mecklenburg LIP: 2.0502, Purpose; 2.0507, Particulates from
Chemical Fertilizer Manufacturing Plants; 2.0508, Particulates from
Pulp and Paper Mills; \4\ 2.0513, Particulates from Portland Cement
Plants; \5\ 2.0514, Particulates from Ferrous Jobbing Foundries; \6\
2.0515, Particulates from Miscellaneous Industrial Processes; and
2.0533, Stack Height. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 4 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\7\
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\4\ Rule 2.0508, currently entitled Control of Particulates from
Pulp and Paper Mills in the Mecklenburg LIP, is being renamed to
Particulates from Pulp and Paper Mills.
\5\ Rule 2.0513, currently entitled Control of Particulates from
Portland Cement Plants in the Mecklenburg LIP, is being renamed to
Particulates from Portland Cement Plants.
\6\ Rule 2.0514, currently entitled Control of Particulates from
Ferrous Jobbing Foundries in the Mecklenburg LIP, is being renamed
to Particulates from Ferrous Jobbing Foundries
\7\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the aforementioned SIP revision by incorporating
the following MCAPCO Rules, with a local effective date of December 15,
2015, into the Mecklenburg LIP: 2.0502, Purpose; 2.0507, Particulates
from Chemical Fertilizer Manufacturing Plants; 2.0508, Particulates
from Pulp and Paper Mills; 2.0513, Particulates from Portland Cement
Plants; 2.0514, Particulates from Ferrous Jobbing Foundries; 2.0515,
Particulates from Miscellaneous Industrial Processes; and 2.0533, Stack
Height.
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 CAA 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. Accordingly, this
action merely approves State law as meeting
[[Page 79445]]
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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
In addition, 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 and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines EJ as ``the fair treatment and meaningful involvement of
all people regardless of race, color, national origin, or income with
respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' EPA further defines
the term fair treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
NCDAQ did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for communities with EJ concerns.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 November 29, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: September 20, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In Sec. 52.1770 paragraph (c)(3), amend the table by revising the
entries for ``Rule 2.0502'', ``Rule 2.0507'', ``Rule 2.0508'', ``Rule
2.0513'', ``Rule 2.0514'', ``Rule 2.0515'', and ``Rule 2.0533'' to read
as follows.
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(3) EPA-Approved Mecklenburg County Regulations
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County
Citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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SECTION 2.0500 EMISSION CONTROL STANDARDS
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* * * * * * *
Rule 2.0502.................... Purpose.............. 12/15/2015 9/30/2024, [Insert .................
first page of
Federal Register
citation].
* * * * * * *
Rule 2.0507.................... Particulates from 12/15/2015 9/30/2024, [Insert .................
Chemical Fertilizer first page of
Manufacturing Plants. Federal Register
citation].
[[Page 79446]]
Rule 2.0508.................... Particulates from 12/15/2015 9/30/2024, [Insert .................
Pulp and Paper Mills. first page of
Federal Register
citation].
* * * * * * *
Rule 2.0513.................... Particulates from 12/15/2015 9/30/2024, [Insert .................
Portland Cement first page of
Plants. Federal Register
citation].
Rule 2.0514.................... Particulates from 12/15/2015 9/30/2024, [Insert .................
Ferrous Jobbing first page of
Foundries. Federal Register
citation].
Rule 2.0515.................... Particulates from 12/15/2015 9/30/2024, [Insert .................
Miscellaneous first page of
Industrial Processes. Federal Register
citation].
* * * * * * *
Rule 2.0533.................... Stack Height......... 12/15/2015 9/30/2024, [Insert .................
first page of
Federal Register
citation].
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[FR Doc. 2024-22134 Filed 9-27-24; 8:45 am]
BILLING CODE 6560-50-P
