[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Proposed Rules]
[Pages 51848-51851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20005]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0354; FRL-8958-01-R4]


Air Plan Approval; North Carolina; Mecklenburg Air Quality Permit 
Rules Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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 and adds several rules. EPA is proposing to approve these changes 
pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before October 18, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0354 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.

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 and additions to the 
LIP for, among other things, general consistency with the North 
Carolina SIP.\1\ Mecklenburg County prepared three submittals in order 
to modify the LIP and reflect regulatory and administrative changes 
that NCDAQ has made to the North Carolina SIP.\2\ The three submittals 
were submitted to EPA as follows: NCDAQ transmitted the October 25, 
2017, submittal to EPA but 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 in a revision 
dated April 24, 2020.\3\
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    \1\ Hereinafter, the terms ``North Carolina SIP'' and ``SIP'' 
refer to the North Carolina regulatory portion of the North Carolina 
SIP (i.e., the portion that contains SIP-approved North Carolina 
regulations).
    \2\ The Mecklenburg County, North Carolina revision that is 
dated April 24, 2020, and received by EPA on June 19, 2020, is 
comprised of three previous submittals--one dated January 21, 2016; 
one dated October 25, 2017; and one dated January 14, 2019.
    \3\ EPA notes that the April 24, 2020, submittal was received by 
EPA on June 19, 2020.
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II. What action is EPA proposing to take?

    The April 24, 2020, revision includes updates to and additions of 
several MCAPCO rules. The January 21, 2016, changes from MCAQ include 
updates to MCAPCO Rule 1.5214--Commencement of Operation; and the 
January 14, 2019, changes from MCAQ include updates to MCAPCO Rules 
1.5212--Applications; 1.5213--Action on Application; Issuance of 
Permit; 1.5215--Application Processing Schedule; 1.5219--Retention of 
Permit at Permitted Facility; 1.5221--

[[Page 51849]]

Permitting of Numerous Similar Facilities; 1.5222--Permitting of 
Facilities at Multiple Temporary Sites; and 1.5232--Issuance, 
Revocation, and Enforcement of Permits.\4\ Additionally, the January 
14, 2019, portion of the revision requests approval of MCAPCO Rules 
1.5217--Confidential Information; 1.5218--Compliance Schedule for 
Previously Exempted Activities; and 1.5220--Applicability 
Determinations.\5\ The remainder of this section discusses all of the 
aforementioned rules and any proposed changes.
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    \4\ The April 24, 2020 revision 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.
    \5\ MCAPCO Rules 1.5217--Confidential Information; 1.5218--
Compliance Schedule for Previously Exempted Activities; and 1.5220--
Applicability Determinations were erroneously included in the table 
at 40 CFR 52.1770(c).
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A. Rule 1.5212, ``Applications''

    The April 24, 2020, revision modifies Rule 1.5212, Applications, 
under Article 1.0000, Permitting Provisions for Air Pollution Sources, 
Rules and Operating Regulations for Acid Rain Sources, Title V and 
Toxic Air Pollutants, by correcting grammatical errors and updating 
references. MCAQ also added language concerning procedures for 
submitting determination letters to the Director and language 
concerning the submittal of confidential information. This rule 
outlines the procedures that permit applicants should follow to 
complete a permit application for MCAQ. EPA last approved changes to 
the LIP-approved version of the rule on June 30, 2003. See 68 FR 38631. 
The current changes to Rule 1.5212 remove redundant language and 
reference Rule 1.5102, Definitions, in order to streamline the rule and 
better outline the official responsible for reviewing the permit 
applications. The North Carolina SIP has an analog rule at 15A NCAC 02Q 
.0304, Applications, which EPA most recently revised on March 1, 2021. 
See 86 FR 11875. EPA is proposing to approve the updates to Rule 1.5212 
because the changes improve clarity of the rule, better define the 
individual or individuals responsible for reviewing permit 
applications, and better align the LIP with the SIP.

B. Rule 1.5213, ``Action on Application; Issuance of Permit''

    The April 24, 2020, revision modifies Rule 1.5213, Action on 
Application; Issuance of Permit, by correcting grammatical errors and 
updating references. This rule outlines, among other things, the 
schedule, public participation requirements, and steps that must be 
completed for a facility to be issued a permit. EPA last approved 
changes to the LIP-approved version of the rule on June 30, 2003. See 
68 FR 38631. The North Carolina SIP has an analog rule at 15A NCAC 02Q 
.0308, Final Action on Permit Applications, which EPA most recently 
revised on March 1, 2021. See 86 FR 11875. EPA is proposing to approve 
the updates to Rule 1.5213 because the changes improve the clarity of 
the rule and better align the LIP with the SIP.

C. Rule 1.5214, ``Commencement of Operation''

    The April 24, 2020, revision modifies Rule 1.5214, Commencement of 
Operation, by updating the list of permitting rules triggering an 
inspection within 90 days after MCAQ receives a notification of 
completion. EPA last approved changes to the LIP-approved version of 
the rule on June 30, 2003. See 68 FR 38631. Rule 1.5214 outlines, among 
other things, the requirements for a permittee to notify MCAQ of the 
completion of construction, alteration, or installation and its intent 
to commence operation and identifies the sources subject to inspection 
within 90 days after providing such notice. The change updates the 
reference to MCAQ's rule on National Emissions Standards for Hazardous 
Air Pollutants from Rule 2.0525 to Rule 2.1110.\6\ EPA is proposing to 
approve the update to Rule 1.5214 because the change corrects an 
erroneous cross-reference.
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    \6\ Although not shown by underlined text as a change in the 
January 21, 2016, submittal, this correction is the only change made 
to the LIP-approved version of Rule 1.5214.
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D. Rule 1.5215, ``Application Processing Schedule''

    The April 24, 2020, revision modifies Rule 1.5215, Application 
Processing Schedule, by making minor regulatory updates and grammatical 
corrections. This rule outlines a schedule that MCAQ must follow for 
processing applications for permits, permit modifications, and permit 
renewals. EPA last approved changes to the LIP-approved version of the 
rule on June 30, 2003. See 68 FR 38631. The regulatory revision states 
the Director shall cease processing of an application if it contains 
insufficient information to complete a review. Previously, the Rule 
stated that the Director may return the application if incomplete. The 
North Carolina SIP has an analog rule at 15A NCAC 02Q .0312, 
Application Processing Schedule, which EPA most recently revised on 
March 1, 2021. See 86 FR 11875. EPA is proposing to approve the updates 
to Rule 1.5214 because the changes are minor in nature and better align 
the LIP with the SIP.

E. Rule 1.5217, ``Confidential Information''

    The April 24, 2020, revision includes Rule 1.5217, Confidential 
Information, regarding the submittal, evaluation, and handling of 
confidential information. The North Carolina SIP has an analog rule at 
15A NCAC 02Q .0107, Confidential Information, which EPA most recently 
revised on July 17, 2020. See 85 FR 43461. EPA is proposing to 
incorporate Rule 1.5217 into the LIP to better align the LIP with the 
SIP.

F. Rule 1.5218, ``Compliance Schedule for Previously Exempted 
Activities''

    The April 24, 2020, revision includes Rule 1.5218, Compliance 
Schedule for Previously Exempted Activities, which contains the 
schedule for permit application or revision for sources that were 
exempt from permitting but are now required to be permitted because of 
a change in permit exemptions or because the source became subject to 
40 CFR part 63. The North Carolina SIP has an analog rule at 15A NCAC 
02Q .0109, Compliance Schedule for Previously Exempted Activities, 
which EPA most recently revised on July 17, 2020. See 85 FR 43461. EPA 
is proposing to approve incorporate Rule 1.5218 into the LIP to add 
certainty regarding the permitting schedule for certain facilities and 
better align the LIP with the SIP.

G. Rule 1.5219, ``Retention of Permit at Permitted Facility''

    The April 24, 2020, revision modifies Rule 1.5219, Retention of 
Permit at Permitted Facility, by making minor grammatical corrections. 
EPA incorporated this rule into the LIP on July 28, 1995, and it 
requires permitted facilities to retain copies of all active permits at 
the facility identified in the permit. See 60 FR 38715. The North 
Carolina SIP has an analog rule at 15A NCAC 02Q .0110, Retention of 
Permit at Permitted Facility, which EPA most recently revised on July 
17, 2020. See 85 FR 43461. EPA is proposing to approve the updates to 
Rule 1.5219 because they are minor grammatical corrections and better 
align the LIP with the SIP.

H. Rule 1.5220, ``Applicability Determinations''

    The April 24, 2020, revision includes Rule 1.5220, Applicability 
Determinations, which states that any person can write the Director 
requesting a determination as to whether a source that the person owns 
or operates or proposes to own or operate is subject to

[[Page 51850]]

Article 1.0000 permitting requirements. The North Carolina SIP has an 
analog rule at 15A NCAC 02Q .0111, Applicability Determinations, which 
EPA most recently revised on July 17, 2020. See 85 FR 43461. EPA is 
proposing to incorporate Rule 1.5218 into the LIP to better align the 
LIP with the SIP.

I. Rule 1.5221, ``Permitting of Numerous Similar Facilities''

    The April 24, 2020, revision modifies Rule 1.5221, Permitting of 
Numerous Similar Facilities, by making grammatical corrections. EPA 
incorporated this rule into the LIP on July 28, 1995, and it states 
that the Director shall not issue a single permit for multiple 
facilities unless there is no difference between the facilities that 
would require special permit conditions for any individual facility and 
no unique analysis is required for any facility covered by the permit. 
See 60 FR 38715. The North Carolina SIP has an analog rule at 15A NCAC 
02Q .0310, Permitting of Numerous Similar Facilities, which EPA most 
recently revised on March 1, 2021. See 86 FR 11875. EPA is proposing to 
approve the updates to Rule 1.5221 because they are minor grammatical 
corrections and better align the LIP with the SIP.

J. Rule 1.5222, ``Permitting of Facilities at Multiple Temporary 
Sites''

    The April 24, 2020, revision modifies Rule 1.5222, Permitting of 
Facilities at Multiple Temporary Sites, by making minor grammatical 
corrections. EPA initially incorporated this rule into the LIP on July 
28, 1995, which governs the permitting of a facility or source at 
multiple temporary operating sites. See 60 FR 38715. The North Carolina 
SIP has an analog rule at 15A NCAC 02Q .0311, Permitting of Facilities 
at Multiple Temporary Sites, which EPA most recently revised on March 
1, 2021. See 86 FR 11875. EPA is proposing to approve the updates to 
Rule 1.5222 because the changes are minor grammatical corrections and 
better align the LIP with the SIP.

K. Rule 1.5232, ``Issuance, Revocation, and Enforcement of Permits''

    The April 24, 2020, revision modifies Rule 1.5232, Issuance, 
Revocation, and Enforcement of Permits, by making minor grammatical 
corrections. Among other things, this rule identifies criteria for 
revoking or modifying a permit issued under Section 1.5200--Air Quality 
Permits or Section 1.5600--Transportation Facility Procedures and 
enforcement provisions for the failure to apply for and obtain a permit 
under Section 1.5200 and for violations of a Section 1.5200 permit. EPA 
last approved changes to Rule 1.5232 on June 30, 2003. See 68 FR 38631. 
EPA is proposing to approve the updates to Rule 1.5215 because the 
changes are minor grammatical corrections.

IV. 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 incorporated by 
reference MCAPCO Rule 1.5214--Commencement of Operation, which has an 
effective date of December 15, 2015; and Rules 1.5212--Applications; 
1.5213--Action on Application; Issuance of Permit; 1.5215--Application 
Processing Schedule; 1.5217--Confidential Information; 1.5218--
Compliance Schedule for Previously Exempted Activities; 1.5219--
Retention of Permit at Permitted Facility; 1.5220--Applicability 
Determinations; 1.5221--Permitting of Numerous Similar Facilities; 
1.5222--Permitting of Facilities at Multiple Temporary Sites; and 
1.5232--Issuance, Revocation, and Enforcement of Permits, all of which 
have an effective date of December 18, 2018, into the Mecklenburg 
County portion of the North Carolina SIP. 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).

V. Proposed Action

    EPA is proposing to approve the aforementioned changes to the 
Mecklenburg LIP. Specifically, EPA is proposing to approve updates to 
MCAPCO Rules 1.5212--Applications; 1.5213--Action on Application; 
Issuance of Permit; 1.5215--Application Processing Schedule; 1.5219--
Retention of Permit at Permitted Facility; 1.5221--Permitting of 
Numerous Similar Facilities; 1.5222--Permitting of Facilities at 
Multiple Temporary Sites; and 1.5232--Issuance, Revocation, and 
Enforcement of Permits. Additionally, EPA is proposing to approve 
MCAPCO Rules 1.5217--Confidential Information; 1.5218--Compliance 
Schedule for Previously Exempted Activities; and 1.5220--Applicability 
Determinations into the LIP. EPA is proposing to approve these changes 
because they are consistent with 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 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
     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,

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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: September 9, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-20005 Filed 9-16-21; 8:45 am]
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