[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Rules and Regulations]
[Pages 47393-47395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18248]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0716; FRL-8859-02-R4]


Air Plan Approval; North Carolina; Monitoring: Recordkeeping: 
Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving changes 
to the North Carolina State Implementation Plan (SIP) submitted through 
the North Carolina Division of Air Quality (NCDAQ) on October 9, 2020. 
The SIP revision seeks to modify the State's monitoring, recordkeeping, 
and reporting regulations by adding one definition, adding references 
to approved testing methods, updating the reference format, and making 
minor changes to general formatting and language use for clarity 
purposes. EPA is approving these changes pursuant to the Clean Air Act 
(CAA or Act).

DATES: This rule is effective September 24, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0716. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not 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: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving changes to the following SIP-approved regulations 
under 15A North Carolina Administrative Code Subchapter 02D,\1\ Section 
.0600, Monitoring: Recordkeeping: Reporting: \2\ Rule .0601, Purpose 
and Scope; Rule .0602, Definitions; Rule .0604, Exceptions to 
Monitoring and Reporting Requirements; Rule .0605, General 
Recordkeeping and Reporting Requirements; and Rule .0606, Sources 
Covered by Appendix P of 40 CFR part 51,\3\ of the North Carolina SIP, 
submitted on October 9, 2020.
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    \1\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred 
to as ``Subchapter 2D Air Pollution Control Requirements.''
    \2\ Section .0600 is titled ``Air Contaminants; Monitoring; 
Reporting'' in the CFR table. This is being amended in this notice 
to read ``Monitoring: Recordkeeping: Reporting''.
    \3\ The State submitted the SIP revisions following the 
readoption of several air regulations, including .0601, .0602, 
.0604, .0605, and .0606, pursuant to North Carolina's 10-year 
regulatory readoption process at North Carolina General Statute 
150B-21.3A.
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II. EPA's Analysis of North Carolina's Submittal

    The changes that are the subject of this rulemaking revise 
monitoring, recordkeeping, and reporting regulations under Subchapter 
02D of the North Carolina SIP. Specifically, they revise the SIP by 
changing a heading, adding one definition, adding references to 
approved testing methods, updating the reference format, and making 
minor changes to general formatting and language use for clarity 
purposes. EPA finds that the changes do not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable CAA requirement.
    In a notice of proposed rulemaking (NPRM) published on May 20, 2021 
(86 FR 27349), EPA proposed to approve North Carolina's SIP submission 
provided on October 9, 2020. The May 20, 2021, NPRM provides additional 
detail regarding the background and rationale for EPA's action. 
Comments on the May 20, 2021, NPRM were due on or before June 21, 2021. 
EPA received no comments on the May 20, 2021 NPRM.

III. Incorporation by Reference

    In this rule, 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 the following 
rules in 15A NCAC Subchapter 02D, Section .0600, Monitoring: 
Recordkeeping: Reporting, with a state-effective date of November 1, 
2019: Rule .0601, Purpose and Scope; Rule .0602, Definitions; Rule 
.0604, Exceptions to Monitoring and Reporting Requirements; Rule .0605, 
General Recordkeeping and Reporting Requirements; and Rule .0606, 
Sources Covered by Appendix P of 40 CFR part 51. The changes revise a 
heading, add one definition, add references to approved testing 
methods, update the reference format, and make minor changes to general 
formatting and language to provide clarity to the monitoring, 
recordkeeping, and reporting requirements. 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

[[Page 47394]]

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.\4\
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    \4\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving North Carolina's October 9, 2020, SIP revisions, 
which contain changes to the following regulations under 15A NCAC 
Subchapter 02D: Section .0600, Monitoring: Recordkeeping: Reporting: 
Rule .0601, Purpose and Scope; Rule .0602, Definitions; Rule .0604, 
Exceptions to Monitoring and Reporting Requirements; Rule .0605, 
General Recordkeeping and Reporting Requirements; and Rule .0606, 
Sources Covered by Appendix P of 40 CFR Part 51. The changes 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 that they meet the criteria of the CAA. This action merely 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     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 October 25, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 19, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    Accordingly, 40 CFR part 52 is amended 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 paragraph (c)(1) by revising the heading for 
``Section .0600'' and the entries for ``Section .0601'', ``Section 
.0602''; and ``Section .0604''; ``Section .0605''; and ``Section 
.0606'' to read as follows:


Sec.  52.1770  Identification of plan.

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    (c) * * *
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[[Page 47395]]



                                   (1) EPA Approved North Carolina Regulations
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                                                         State
       State citation             Title/subject        effective      EPA approval date          Explanation
                                                          date
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                                                  * * * * * * *
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                               Section .0600 Monitoring: Recordkeeping: Reporting
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Section .0601..............  Purpose and Scope......    11/1/2019  8/25/2021, [Insert
                                                                    citation of
                                                                    publication].
Section .0602..............  Definitions............    11/1/2019  8/25/2021, [Insert
                                                                    citation of
                                                                    publication].
Section .0604..............  Exceptions to              11/1/2019  8/25/2021, [Insert
                              Monitoring and                        citation of
                              Reporting Requirements.               publication].
Section .0605..............  General Recordkeeping      11/1/2019  8/25/2021, [Insert
                              and Reporting                         citation of
                              Requirements.                         publication].
Section .0606..............  Sources Covered by         11/1/2019  8/25/2021, [Insert
                              Appendix P of 40 CFR                  citation of
                              Part 51.                              publication].
 
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[FR Doc. 2021-18248 Filed 8-24-21; 8:45 am]
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