[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Proposed Rules]
[Pages 35244-35247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14175]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0726; FRL-10025-46-Region 4]


Air Plan Approval; North Carolina; Mecklenburg Miscellaneous 
Rules Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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, and was received by 
EPA on June 19, 2020. The revision updates several Mecklenburg County 
Air Pollution Control Ordinance (MCAPCO) rules incorporated into the 
LIP. EPA is proposing to approve these changes pursuant to the Clean 
Air Act (CAA or Act).

DATES: Comments must be received on or before August 2, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0726 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure 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. 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 www2.epa.gov/dockets/commenting-epa-dockets.

[[Page 35245]]


FOR FURTHER INFORMATION CONTACT: Evan Adams, 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) 
562-9009. Mr. Adams can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    The Mecklenburg County LIP was submitted to EPA on June 14, 1990, 
and EPA approved the plan on May 2, 1991. See 56 FR 20140. Mecklenburg 
County is now requesting that EPA approve updates to the LIP for 
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. 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\
---------------------------------------------------------------------------

    \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\ EPA notes that the April 24, 2020, submittal was received by 
EPA on June 19, 2020.
---------------------------------------------------------------------------

II. What action is EPA proposing to take?

    The April 24, 2020, submittal includes changes and updates to the 
following rules to more closely align them with their analog SIP-
approved North Carolina regulations. The January 14, 2019, the 
submission includes changes and updates to MCAPCO Rules 2.0101, 
Definitions; 2.0201, Classification of Air Pollution Sources; 2.0202, 
Registration of Air Pollution Sources; 2.0302, Episode Criteria; 
2.0303, Emission Reduction Plans; and 2.0304, Preplanned Abatement 
Program.\3\
---------------------------------------------------------------------------

    \3\ The April 24, 2020 submittal contains changes to other 
Mecklenburg LIP-approved rules that are not addressed in this 
notice. EPA will be acting on those rules in separate actions.
---------------------------------------------------------------------------

    The submittal also asks EPA to reincorporate the following rules 
into the LIP with a new effective date. The January 21, 2016, 
submission includes updates to the effective dates of the following 
rules: MCAPCO Rules 1.5301, Special Enforcement Procedures; 1.5302, 
Criminal Penalties; 1.5303, Civil Injunction; 1.5304, Civil Penalties; 
1.5306, Hearings; 1.5307, Judicial Review; 2.0301, Purpose; and 2.0305, 
Emission Reduction Plant: Alert Level. The text of these rules has not 
changed. The remainder of this section discusses the proposed changes 
to Rules 2.0101, 2.0201, 2.0202, 2.0302, 2.0303, and 2.0304.

Rule 2.0101, ``Definitions''

    The April 24, 2020, revision modifies Rule 2.0101, Definitions, 
under Article 2.0000, Air Pollution and Control Regulations and 
Procedures, by updating terms and definitions, the formatting of units, 
and references to more closely align the rule with the SIP-approved 
state rule at 15A NCAC 02D .0101, Definitions. Rule 2.0101 was first 
approved by EPA into the LIP on May 2, 1991 (56 FR 20140), and defines 
certain terms used in Article 2.0000. EPA most recently approved 
updates to 15A NCAC 02D .0101 in the SIP on July 17, 2020. See 85 FR 
43461.
    The changes to Rule 2.0101 reorganize the defined terms 
alphabetically, add several terms and definitions, and delete one term 
and definition. The revisions add the terms ``Administrator,'' 
``Approved,'' ``Capture system,'' ``Control device,'' ``Day,'' 
``Emission,'' ``Person,'' ``PM2.5,'' and ``Transportation 
facility,'' and remove the term ``Smoke density measuring device.'' \4\
---------------------------------------------------------------------------

    \4\ The terms ``Approved,'' ``Capture system,'' ``Control 
device,'' ``Day,'' ``Emission,'' and ``Person'' also appear in the 
LIP-approved version of Rule 2.0901 with minor differences. The 
April 24, 2020 submittal seeks to remove these terms from Rule 
2.0901, Definitions, under Article 2.9000, Volatile Organic 
Compounds, in effect moving them to Rule 2.0101; however, EPA is not 
proposing to act on the removal of these terms from Rule 2.0901 at 
this time. EPA will act on the changes to Rule 2.0901 in a separate 
action.
---------------------------------------------------------------------------

    The terms and definitions in the revised version of Rule 2.0101 and 
the SIP at 15A NCAC 02D .0101, Definitions, only have a few 
differences. These include several LIP-approved exceptions in the 
definition of ``Construction'' at 2.0101(9)(a-d). These exemptions 
apply to a limited number of activities such as clearing and grading, 
building access roads, driveways, and parking lots, building and 
installing underground pipe work, and building ancillary structures, 
including fences and office buildings that are not a necessary 
component of an air contaminant source, equipment, or associated 
cleaning device for which a permit is required.
    EPA is proposing to approve the updates to Rule 2.0101 because they 
better align the LIP with the SIP and will not interfere with any 
applicable Clean Air Act (CAA) requirements.\5\
---------------------------------------------------------------------------

    \5\ Section 110(l) of the CAA 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.
---------------------------------------------------------------------------

Rule 2.0201, Classification of Air Pollution Sources

    The April 24, 2020, revision modifies Rule 2.0201, Classification 
of Air Pollution Sources, under Article 2.0000, by making grammatical 
updates and clarifying that the classification system applies to all 
air pollution sources governed by the Article. Rule 2.0201 was first 
approved by EPA into the LIP on May 2, 1991 (56 FR 20140), and 
establishes a system to classify air pollution sources covered by 
Article 2.0000. The edits align \6\ the rule with the SIP-approved 
state rule, 15A NCAC 02D .0201, Classification of Air Pollution 
Sources. EPA most recently incorporated updates to the state rule in 
North Carolina's SIP on April 10, 2019. See 84 FR 14308. EPA is 
proposing to approve the updates to Rule 2.0201 because they better 
align the LIP with the SIP and will not interfere with any applicable 
CAA requirements.
---------------------------------------------------------------------------

    \6\ The only differences between the revised version of 2.0201 
and the SIP-approved version of 15A NCAC 02D .0201 tailor the rules 
to reference their respective governing bodies.
---------------------------------------------------------------------------

Rule 2.0202, Registration of Air Pollution Sources

    The April 24, 2020, revision modifies Rule 2.0202, Registration of 
Air Pollution Sources, by adding a reference to the governing North 
Carolina statute at G.S. 143-215.107(a)(4). Rule 2.0202 was first 
approved by EPA into the LIP on May 2, 1991 (56 FR 20140), and 
identifies the information that an air pollution source must submit in 
order to register the source with MCAQ. The minor edits align \7\ the 
rule with the current SIP-approved rule, 15A NCAC 02D .0202, 
Registration of Air Pollution Sources. EPA most recently incorporated 
updates to the state rule in North Carolina's SIP on April 10, 2019. 
See 84 FR 14308. EPA is proposing to approve the updates to Rule 2.0202

[[Page 35246]]

because they better align the LIP with the SIP and will not interfere 
with any applicable CAA requirements.
---------------------------------------------------------------------------

    \7\ The only differences between the revised version of 2.0202 
and the SIP-approved version of 15A NCAC 02D .0202 tailor the rules 
to reference their respective governing bodies.
---------------------------------------------------------------------------

Rule 2.0302, Episode Criteria

    The April 24, 2020, revision modifies Rule 2.0302, Episode 
Criteria, by updating the format of units, updating who proclaims air 
quality alerts and warnings and declarations of emergency at various 
pollutant levels requiring abatement actions from the Director of MCAQ 
with concurrence of the Governor, removing obsolete pollutant levels 
triggering such proclamations or declarations, and renumbering the 
subsections as a result of the aforementioned changes. Rule 2.0302 was 
first approved by EPA into the LIP on May 2, 1991 (56 FR 20140), and 
establishes guidance for the Director on when to issue an air pollution 
alert. The edits to Rule 2.0302 align \8\ the rule with the current 
SIP-approved rule, 15A NCAC 02D .0302, Episode Criteria. EPA most 
recently incorporated updates to the state rule in North Carolina's SIP 
on April 10, 2019. See 84 FR 14308. EPA is proposing to approve the 
updates to Rule 2.0302 because they better align the LIP with the SIP 
and will not interfere with any applicable CAA requirements.
---------------------------------------------------------------------------

    \8\ The only differences between the revised version of 2.0302 
and the SIP-approved version of 15A NCAC 02D .0302 tailor the rules 
to reference their respective governing bodies.
---------------------------------------------------------------------------

Rule 2.0303, Emission Reduction Plans

    The April 24, 2020, revision modifies Rule 2.0303, Emission 
Reduction Plans, by making updates to references. Rule 2.0303 was first 
approved by EPA into the LIP on May 2, 1991 (56 FR 20140), and 
establishes when persons responsible for operating an air pollution 
source must take air pollution alert, warning, or emergency actions. 
The revisions add a cross-reference to Rule 2.0304, Preplanned 
Abatement Program, described below. The edits align \9\ the rule with 
the current SIP-approved rule, 15A NCAC 02D .0303, Emission Reduction 
Plans. EPA most recently incorporated updates to the state rule in 
North Carolina's SIP on April 10, 2019. See 84 FR 14308. EPA is 
proposing to approve the updates to Rule 2.0303 because they better 
align the LIP with the SIP and will not interfere with any applicable 
CAA requirements.
---------------------------------------------------------------------------

    \9\ The only differences between the revised version of 2.0303 
and the SIP-approved version of 15A NCAC 02D .0303 tailor the rules 
to reference their respective governing bodies.
---------------------------------------------------------------------------

Rule 2.0304, Preplanned Abatement Program

    The April 24, 2020, revision modifies Rule 2.0304, Preplanned 
Abatement Program, by making updates to references. Rule 2.0304 was 
first approved by EPA into the LIP on May 2, 1991 (56 FR 20140), and 
establishes who must prepare a plan to reduce emissions during any air 
pollution episode. The edits align \10\ the rule with the current SIP-
approved rule, 15A NCAC 02D .0304, Preplanned Abatement Program. EPA 
most recently incorporated updates to the state rule in North 
Carolina's SIP on April 10, 2019. See 84 FR 14308. EPA is proposing to 
approve the updates to Rule 2.0304 because they better align the LIP 
with the SIP and will not interfere with any applicable CAA 
requirements.
---------------------------------------------------------------------------

    \10\ The only differences between the revised version of 2.0304 
and SIP-approved version of 15A NCAC 02D .0304 tailor the rules to 
reference their respective governing bodies.
---------------------------------------------------------------------------

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to approve MCAPCO 
Rules 1.5301--Special Enforcement Procedures; 1.5302--Criminal 
Penalties; 1.5303--Civil Injunction; 1.5304--Civil Penalties; 1.5306--
Hearings; 1.5307--Judicial Review; 2.0301--Purpose; and 2.0305--
Emission Reduction Plant: Alert Level, all of which have an effective 
date of December 15, 2015; as well as MCAPCO Rules 2.0101--Definitions; 
2.0201--Classification of Air Pollution Sources; 2.0202--Registration 
of Air Pollution Sources; 2.0302--Episode Criteria; 2.0303--Emission 
Reduction Plans; and 2.0304--Preplanned Abatement Program, all of which 
have an effective date of December 18, 2018, into the Mecklenburg 
County portion of the North Carolina SIP to update the rules to more 
closely align with their analog North Carolina rules in the SIP. EPA 
has made and will continue to make the SIP 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).

IV. Proposed Action

    EPA is proposing to approve the aforementioned revisions to the 
Mecklenburg LIP. Specifically, EPA is proposing to approve revisions to 
MCAPCO Rules 1.5301--Special Enforcement Procedures; 1.5302--Criminal 
Penalties; 1.5303--Civil Injunction, 1.5304--Civil Penalties; 1.5306--
Hearings; 1.5307--Judicial Review; 2.0101--Definitions; 2.0201--
Classification of Air Pollution Sources; 2.0202--Registration of Air 
Pollution Sources; 2.0301--Purpose; 2.0302--Episode Criteria; 2.0303--
Emission Reduction Plans; 2.0304--Preplanned Abatement Program; and 
2.0305--Emission Reduction Plant: Alert Level. EPA is proposing to 
approve these revisions because they are consistent with the CAA.

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 they meet the criteria of the CAA. This proposed action merely 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and

[[Page 35247]]

     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.

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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 28, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-14175 Filed 7-1-21; 8:45 am]
BILLING CODE 6560-50-P