[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Proposed Rules]
[Pages 53025-53027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20647]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0707; FRL-9059-01-R4]


Air Plan Approval; North Carolina: Mecklenburg Ambient Air 
Quality Standards

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 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) ambient air quality rules 
incorporated into the LIP and adds one new rule for fine particulate 
matter (PM2.5). 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 25, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0707, 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: Pearlene Williams, 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) 562-9144. Ms. Williams can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Mecklenburg County LIP was originally submitted to EPA on June 
14, 1990, and EPA approved the plan on May 2, 1991. See 56 FR 20140. 
Mecklenburg County prepared three

[[Page 53026]]

submittals in order to modify the LIP for, among other things, general 
consistency with the North Carolina SIP.\1\ 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.\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, submittal was received by 
EPA on June 19, 2020.
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II. What action is EPA proposing to take?

    On April 24, 2020, NCDAQ submitted to EPA changes to the MCAPCO to 
be incorporated into the LIP.\3\ In this notice, EPA is proposing to 
act on certain updates and changes to the ambient air quality standards 
contained in the MCAPCO. Specifically, the January 14, 2019, portion of 
this submission includes changes and updates to Rules 2.0401--Purpose; 
2.0402--Sulfur Oxides; 2.0404--Carbon Monoxide; 2.0405--Ozone; 2.0407--
Nitrogen Dioxide; and 2.0408--Lead of MCAPCO Article 2.0000, Section 
2.0400--Ambient Air Quality Standards. Additionally, the January 14, 
2019, portion of this submission includes Rule 2.0410--PM2.5 
Particulate Matter for initial incorporation into the LIP. The January 
21, 2016, portion of this submission includes changes and updates Rule 
2.0403--Total Suspended Particulates. EPA is proposing to approve and 
incorporate these provisions into the LIP. These changes and additions 
are described in more detail below:
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    \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.
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    1. Rule 2.0401--Purpose is revised to make minor, clarifying edits 
to capitalization, punctuation, and wording. These changes more closely 
align the rule with the SIP-approved state rule at 15A NCAC 02D .0401--
Purpose. For example, the word ``state'' is capitalized throughout the 
regulation, a hyphen is added between the words ``Ground'' and 
``level,'' and the words ``will'' and ``are'' are replaced with the 
words ``shall'' or ``shall be.''
    2. Rule 2.0402--Sulfur Oxides is revised to make minor, clarifying 
edits to punctuation and wording. In addition, paragraph (b) is revised 
to include a reference to 40 CFR part 50, Appendix A-1. New language is 
added to specify that procedures within the Federal Equivalent Method 
(FEM), in addition to 40 CFR part 50, are procedures to which sampling 
and analysis shall apply. Lastly, this regulation adds three new 
paragraphs: (c), (d), and (e). Paragraph (c) is added to distinguish 
that the standards listed in paragraphs (a)(1) and (2) shall apply 
until a year after the initial designation's date documented in section 
107(d) of the CAA. Finally, paragraph (e) specifies that the primary 
one-hour standard shall be demonstrated in accordance with Appendix T 
of 40 CFR part 50 in that when the three-year average of the annual of 
the daily maximum one-hour average concentrations is less than or equal 
to 75 parts per billion (ppb), the standard shall be met at an air 
monitoring site. These changes more closely align the rule with the 
SIP-approved state rule at 15A North Carolina Administrative Code 
(NCAC) 02D .0402--Sulfur Oxides and are consistent with EPA's primary 
and secondary national ambient air quality standards (NAAQS) for sulfur 
oxides specified at 40 CFR 50.5 and 50.17.
    3. Rule 2.0403--Total Suspended Particulates is revised to make 
minor clarifying edits to the rule text by adding the word ``and'' 
after paragraph (a)(1), which more closely aligns the rule with the 
SIP-approved state rule at 15A NCAC 02D .0403--Total Suspended 
Particulates.\4\
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    \4\ Although not shown by underlined text as a change in the 
January 21, 2016, submission, the addition of the word ``and'' was a 
change, and the only change, that was made to the existing federally 
approved Rule 2.0403.
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    4. Rule 2.0404--Carbon Monoxide is revised to make clarifying edits 
to punctuation and wording, which more closely aligns the rule with the 
SIP-approved state rule at 15A NCAC 02D .0404--Carbon Monoxide and is 
consistent with EPA's primary NAAQS for carbon monoxide specified at 40 
CFR 50.8.
    5. Rule 2.0405--Ozone is revised to make minor clarifying edits to 
the rule text, such as changing the word ``is'' to ``shall be'' and to 
change ``8-hour'' to ``eight-hour.'' In addition, this rule is revised 
to change the ozone ambient air quality standard from 0.08 parts per 
million (ppm) to 0.070 ppm and updates the applicable reference for 
determining attainment from Appendix I to Appendix U of 40 CFR part 50. 
These changes more closely align the rule with the SIP-approved state 
rule at 15A NCAC 02D .0405--Ozone and are consistent with EPA's primary 
and secondary NAAQS for ozone specified at 40 CFR 50.19.
    6. Rule 2.0407--Nitrogen Dioxide is revised to incorporate 
clarifying language in paragraph (a) to be consistent with the NAAQS, 
distinguishing that the primary annual ambient air quality standard for 
nitrogen dioxide (NO2) shall be 53 ppb annual average 
concentration measured in the ambient air as NO2.
    This rule is also revised to add a new paragraph (b), to be 
consistent with the NAAQS, setting the primary one-hour ambient air 
quality standard for oxides of nitrogen to 100 ppb, one-hour average 
concentration, measured in the ambient air as NO2. A new 
paragraph (c) is added to set the secondary ambient air quality 
standard for NO2 to 0.053 ppm annual arithmetic mean 
concentration. The addition of these two new paragraphs shifts the 
original paragraph (b) to (d). The revised paragraph (d) contains minor 
edits to punctuation and includes FEM as one of the methods to which 
sampling and analysis should comply.
    Two additional paragraphs are added to this rule: (e) and (f). 
Paragraph (e) establishes that, as determined in accordance with 
Appendix S of 40 CFR part 50, attainment of the annual primary standard 
is achieved when the annual average NO2 concentration in a 
calendar year is less than or equal to 53 ppb, while paragraph (f) 
establishes that the one-hour primary standard is attained when the 
three-year average of the 98th percentile of the daily maximum one-hour 
average concentration is less or equal to 100 ppb.
    The additions of paragraph (e) and (f) result in the original 
paragraph (c) being moved to become paragraph (g). Paragraph (g) is 
altered to address the secondary NO2 standard by making 
minor wording changes.
    These changes more closely align the rule with the SIP-approved 
state rule at 15A NCAC 02D .0407--Nitrogen Dioxide and are consistent 
with EPA's primary and secondary NAAQS for oxides of nitrogen (with 
nitrogen dioxide as the indicator) specified at 40 CFR 50.11.
    7. Rule 2.0408--Lead is altered to make minor edits to punctuation 
and wording for clarification, which more closely aligns the rule with 
the SIP-approved state rule at 15A NCAC 02D

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.0408--Lead and is consistent with EPA's primary and secondary NAAQS 
for lead specified at 40 CFR 50.16.
    8. Rule 2.0410--PM2.5 Particulate Matter is added as a 
new rule to address EPA's primary annual and 24-hour NAAQS for 
PM2.5. This rule is consistent with EPA's annual and 24-hour 
PM2.5 standard at 40 CFR 50.18 and corresponds with the 
North Carolina SIP's analog rule at 15A NCAC 02D .0410--PM2.5 
Particulate Matter.
    EPA is proposing to approve the incorporation of the aforementioned 
MCAPCO rules into the Mecklenburg LIP because these rules add clarity 
to the LIP and are consistent with the CAA and applicable regulations.

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 incorporate by 
reference the Mecklenburg County Pollution Control Ordinance Rules 
2.0401--Purpose; 2.0402--Sulfur Oxides; 2.0404--Carbon Monoxide; 
2.0405--Ozone; 2.0407--Nitrogen Dioxide; 2.0408--Lead; and 2.0410--
PM2.5 Particulate Matter, all which have an effective date of December 
18, 2018; as well as Rule 2.0403--Total Suspended Particulates, with an 
effective date of December 15, 2015. 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).

IV. Proposed Action

    EPA is proposing to approve and incorporate into the LIP changes to 
MCAPCO Rules 2.0401--Purpose; 2.0402--Sulfur Oxides; 2.0404--Carbon 
Monoxide; 2.0405--Ozone; 2.0407--Nitrogen Dioxide; and 2.0408--Lead, as 
well as the addition of Rule 2.0410--PM2.5 Particulate Matter, all 
which have an effective date of December 18, 2018. Additionally, EPA is 
proposing to approve and incorporate into the LIP Rule 2.0403--Total 
Suspended Particulates with an effective date of December 15, 2015. EPA 
has determined that these changes and additions meet the applicable 
requirements of Section 110 of the CAA and the applicable regulatory 
requirements at 40 CFR part 51.

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
     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, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

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

    Dated: September 20, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-20647 Filed 9-23-21; 8:45 am]
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