[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11867-11869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04065]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0613; FRL-10019-20-Region 4]


Air Plan Approval; North Carolina: Revisions to Annual Emissions 
Reporting

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 submitted by the State of North 
Carolina, through the North Carolina Department of Environmental 
Quality, Division of Air Quality (DAQ), on July 10, 2019. The SIP 
revision modifies the State's annual emissions reporting regulation by 
removing the annual emissions reporting requirement for certain non-
Title V facilities in geographic areas that have been redesignated to 
attainment for the 1979 1-hour ozone national ambient air quality 
standards (``NAAQS'' or ``standards'') and in the areas listed in the 
rule that have been redesignated to attainment for the 1997 8-hour 
ozone NAAQS, with the exception of the geographic areas that have been 
redesignated to attainment for the 2008 8-hour ozone NAAQS. The SIP 
revision also makes minor changes that do not significantly alter the 
meaning of the regulation. EPA is approving this revision pursuant to 
the Clean Air Act (CAA or Act).

DATES: This rule is effective March 31, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0613. 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 can either 
be retrieved electronically via 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: Tiereny Bell, 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) 562-9088. Ms. Bell can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In 1979, EPA promulgated a NAAQS for ozone, setting the standard at 
0.12 parts per million (ppm) averaged over a 1-hour time frame. See 44 
FR 8202 (February 8, 1979). In 1997, EPA promulgated a revised NAAQS 
for ozone, setting the standard at 0.08 ppm averaged over an 8-hour 
time frame. See 62 FR 38856 (July 18, 1997).\1\ In 2008, EPA revised 
the level of the 8-hour ozone standard to 0.075 ppm. See 73 FR 16436 
(March 27, 2008).\2\ The promulgation of a new or revised NAAQS 
triggers a CAA requirement for EPA to designate as nonattainment any 
area that violates the NAAQS or contributes to a violation in a nearby 
area. On November 6, 1991, EPA published designations and 
classifications for the 1979 1-hour ozone NAAQS.\3\ See 56 FR 56694. 
EPA initially published designations and classifications for the 
revised 1997 8-hour and revised 2008 8-hour ozone standards on April 
30, 2004 (69 FR 23858) and May 21, 2012 (77 FR 30088), respectively. 
The geographic areas designated as nonattainment in North Carolina for 
the 1997 8-hour ozone standard included the Charlotte-Gastonia-Rock 
Hill, NC-SC Area (the North Carolina portion is hereinafter the ``1997 
Charlotte Area'').\4\ The geographic areas designated as nonattainment 
in North Carolina for the 2008 ozone standard are part of an area known 
as the Charlotte-Rock Hill, NC-SC Area (the North Carolina portion is 
hereinafter the ``2008 Charlotte Area'').\5\ EPA redesignated North 
Carolina's 1979 ozone nonattainment areas to attainment in a series of 
actions from 1993 to 1995,\6\ redesignated the 1997 Charlotte Area to 
attainment on December 2, 2013 (78 FR 72036), and redesignated the 2008 
Charlotte Area to attainment on July 28, 2015 (80 FR 44873).
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    \1\ EPA has revoked the 1979 and 1997 ozone standards. See 69 FR 
23951 (April 30, 2004) and 80 FR 12264 (March 6, 2015), 
respectively.
    \2\ EPA revised the level of the 8-hour ozone standard to 0.070 
ppm in 2015 and designated the entire state as attainment/
unclassifiable for that NAAQS in 2017. See 80 FR 65296 (October 22, 
2015) and 82 FR 54232 (November 16, 2017).
    \3\ EPA designated the following geographic areas in North 
Carolina as nonattainment for the 1979 ozone standard: Davidson, 
Durham, Forsyth, Gaston, Guilford, Mecklenburg, and Wake Counties, 
the Dutchville Township in Granville County, and that part of Davie 
County bounded by the Yadkin River, Dutchmans Creek, North Carolina 
Highway 801, Fulton Creek and back to the Yadkin River.
    \4\ The geographic areas designated as nonattainment in North 
Carolina for the 1997 ozone standard included all geographic areas 
designated as nonattainment for the 1979 ozone standard as well as 
additional areas. The 1997 Charlotte Area consists of Cabarrus, 
Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and Davidson 
Township and Coddle Creek Township in Iredell County.
    \5\ The 2008 Charlotte Area is a subset of the 1997 Charlotte 
Area and consists of Central Cabarrus Township, Concord Township, 
Georgeville Township, Harrisburg Township, Kannapolis Township, 
Midland Township, Mount Pleasant Township, New Gilead Township, 
Odell Township, Poplar Tent Township, and Rimertown Township in 
Cabarrus County; Crowders Mountain Township, Dallas Township, 
Gastonia Township, Riverbend Township, and South Point Township in 
Gaston County; Davidson Township and Coddle Creek Township in 
Iredell County; Catawba Springs Township, Ironton Township, and 
Lincolnton Township in Lincoln County; Atwell Township, China Grove 
Township, Franklin Township, Gold Hill Township, Litaker Township, 
Locke Township, Providence Township, Salisbury Township, Steele 
Township, and Unity Township in Rowan County; and Goose Creek 
Township, Marshville Township, Monroe Township, Sandy Ridge 
Township, and Vance Township in Union County.
    \6\ See 58 FR 47391 (November 9, 1993), 59 FR 18300 (April 18, 
1994), and 60 FR 34859 (July 5, 1995).
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    North Carolina was required to develop nonattainment SIP revisions 
addressing the CAA requirements for its ozone nonattainment areas. 
Among other things, North Carolina was required to address the annual 
emissions reporting requirement in CAA section 182(a)(3)(B), which 
requires each state with an ozone nonattainment area to submit a SIP 
revision requiring stationary sources that emit 25 tons per year (tpy) 
or more of nitrogen oxides (NOX) or volatile organic 
compounds (VOC) within the nonattainment area to provide certified 
annual emissions statements to the state showing actual annual 
NOX and VOC emissions from the sources.

[[Page 11868]]

    On August 1, 1997 (62 FR 41277), EPA approved the State's annual 
emissions reporting requirement at 15A NCAC Subchapter 02Q Section 
.0207,\7\ Annual Emissions Reporting, into the North Carolina SIP for 
the geographic areas designated as nonattainment for the 1979 ozone 
NAAQS.\8\ On January 31, 2008, North Carolina submitted a SIP revision 
adding the 1997 Charlotte Area to its annual emissions reporting 
requirement as a result of EPA's nonattainment designations for the 
1997 8-hour ozone standard.\9\ On April 24, 2012 (77 FR 24382), EPA 
approved that SIP revision and added the 1997 Charlotte Area to the 
annual emissions reporting requirement in the North Carolina SIP to 
meet the requirements of CAA section 182(a)(3)(B).
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    \7\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC Subchapter 02Q 
is referred to as ``Subchapter 2Q Air Quality Permits.''
    \8\ Section .0207 also contains an annual reporting requirement 
at paragraph (a) for owners and operators of title V facilities in 
the State.
    \9\ The SIP revision added Cabarrus, Lincoln, Rowan, and Union 
Counties and Davidson Township and Coddle Creek Township in Iredell 
County to the emissions reporting requirement.
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    Paragraph (c) of Section .0207 lists the geographic areas in North 
Carolina where owners or operators of certain non-title V facilities 
with actual emissions of 25 tpy or more of NOX or VOC are 
required to report by June 30th of each year the actual emissions of 
NOX and VOC during the previous year. Paragraph (d) 
identifies the date that the annual reporting requirement in paragraph 
(c) shall begin.

II. Analysis of State's Submission

    EPA is approving North Carolina's July 10, 2019 SIP revision which 
amends the emissions reporting requirement at 15A NCAC Subchapter 02Q 
Section .0207, Annual Emissions Reporting. Specifically, the revision 
removes the annual emissions reporting requirement for certain non-
Title V facilities in geographic areas that have been redesignated to 
attainment for the 1979 1-hour ozone NAAQS and in the redesignated 1997 
Charlotte Area, while retaining the requirement for the redesignated 
2008 Charlotte Area. Additionally, the revision updates the calendar 
year that the emissions reporting requirement begins from 2007 to 2017 
in paragraph (d) and makes several minor editorial changes to the rule.
    In a notice of proposed rulemaking (NPRM) published on October 27, 
2020 (85 FR 68026), EPA proposed to approve North Carolina's SIP 
revision. The October 27, 2020, NPRM provides additional detail 
regarding the SIP revision and rationale for EPA's action. Comments on 
the October 27, 2020, NPRM were due on or before November 27, 2020.

III. Response to Comments

    EPA received one comment on the October 27, 2020, NPRM. A summary 
of the comment and EPA's response is provided below. The full comment 
is in the docket for this rulemaking.
    Comment: The Commenter recommends that EPA freeze its actions until 
the Biden administration has the authority to promulgate rules and 
regulations. The Commenter then states that ``Leaving clean air and 
water to the states can be a mistake unless it is California which 
leads in regulatory emissions.''
    Response: The majority of the comment is beyond the scope of EPA's 
action on North Carolina's July 10, 2019 SIP submittal. With respect to 
this action, Section 110(k) of the CAA requires EPA to approve SIP 
submittals that meet all applicable CAA requirements and to do so 
within specific timeframes. EPA is approving the State's submittal 
because the Agency has concluded that the submittal meets CAA 
requirements and the Commenter did not provide any information 
indicating otherwise. Furthermore, the statutory deadline to act on 
this submittal is January 10, 2021, prior to the change in presidential 
administration. EPA's statutory obligation to act on SIP submittals is 
not tolled due to a pending change in administration.

IV. 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 15A NCAC 
Subchapter 02Q Section .0207, Annual Emissions Reporting, state 
effective April 1, 2018, which removes the annual emissions reporting 
requirement for certain non-Title V facilities; updates the calendar 
year when the annual emissions reporting requirement begins; and makes 
several minor editorial changes. 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.\10\
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    \10\ See 62 FR 27968 (May 22, 1997).
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V. Final Action

    EPA is approving North Carolina's July 10, 2019, SIP submission, 
which revises 15A NCAC Subchapter 02Q Section .0207, Annual Emissions 
Reporting, state effective April 1, 2018, which removes annual 
emissions reporting requirement for certain non-Title V facilities; 
updates the calendar year when the annual emissions reporting 
requirement begins; and makes several minor editorial changes. EPA is 
approving this revision pursuant to the CAA.

VI. 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 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 11869]]

     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 30, 2021. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

Signing Statement

    This document of the Environmental Protection Agency was signed on 
December 22, 2020, by Mary Walker, Regional Administrator, pursuant to 
the Statutory Deadline of the Clean Air Act. That document with the 
original signature and date is maintained by EPA. For administrative 
purposes only, and in compliance with requirements of the Office of the 
Federal Register, the undersigned EPA Official re-signs the document 
for publication, as an official document of the Environmental 
Protection Agency. This administrative process in no way alters the 
legal effect of this document upon publication in the Federal Register.

    Dated: February 23, 2021.
John Blevins,
Acting 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 52.1770 amend Table 1 in paragraph (c) under Subchapter 2Q Air 
Quality Permits under Section .0200 Permit Fees by revising the entry 
for ``Section .0207'' to read as follows:


Sec.  52.1770   Identification of plan.

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    (c) * * *

                                   (1) EPA Approved North Carolina Regulations
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                                                            State
         State citation              Title/subject     effective date   EPA approval date       Explanation
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                                                  * * * * * * *
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                                        Subchapter 2Q Air Quality Permits
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                                                  * * * * * * *
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                                            Section .0200 Permit Fees
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Section .0207...................  Annual Emissions           4/1/2018  [Insert citation
                                   Reporting.                           of publication],
                                                                        3/1/2021.
 
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[FR Doc. 2021-04065 Filed 2-26-21; 8:45 am]
BILLING CODE 6560-50-P