[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53552-53555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20008]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0726; FRL-8939-02-R4]


Air Plan Approval; North Carolina; Mecklenburg Miscellaneous 
Rules Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 finalizing these changes 
pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective October 28, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0726. 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 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: 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

    In a notice of proposed rulemaking (NPRM) published on July 2, 2021 
(86 FR 35244), EPA proposed to approve changes to several rules in the 
Mecklenburg County LIP. The April 24, 2020, submittal includes changes 
and updates to the following rules to more closely align them with 
their analog SIP-

[[Page 53553]]

approved North Carolina regulations.\1\ 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.\2\
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    \1\ EPA notes that the April 24, 2020, submittal was received by 
EPA on June 19, 2020.
    \2\ 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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    The submittal also asks EPA to reincorporate the following rules 
into the LIP with a new effective date: 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 July 2, 2021, NPRM provides additional detail regarding the 
background and rationale for EPA's action. Comments were due on or 
before August 2, 2021. EPA only received one comment, and it was in 
favor of this action. This comment will be posted in the docket for 
this action for public review.

II. Incorporation by Reference

    In this document, EPA is finalizing approval of regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, EPA is approving 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 Plan: 
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 them with 
their analog North Carolina rules in the 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). 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.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve the aforementioned changes to 
the Mecklenburg LIP. Specifically, EPA is finalizing approval of 
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 Plan: Alert Level. 
EPA is taking final action to approve these revisions because they are 
consistent with the CAA.

IV. 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 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 November 29, 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

[[Page 53554]]

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: September 9, 2021.
John Blevins,
Acting Regional Administrator Region 4.

    For the reasons stated in the preamble, 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 Sec.  52.1770 amend the table in paragraph (c)(3) by:
0
a. Revising the title of ``Article 1.000 Permitting Provisions for Air 
Pollution Sources, Rules and Operating Regulations for Acid Rain 
Sources, Title V and Toxic Air Pollutants'';
0
b. Under Section 1.5300 Enforcement; Variances; Judicial Review by 
revising the entries for ``Section 1.5301,'' ``Section 1.5302,'' 
``Section 1.5303,'' ``Section 1.5304,'' ``Section 1.5306,'' and 
``Section 1.5307'';
0
c. Under ``Section 2.0100 Definitions and References'' by revising the 
entry for ``Section 2.0101'';
0
d. Under ``Section 2.0200 Air Pollution Source'' by revising the 
entries for ``Section 2.0201'' and ``Section 2.0202,''; and
0
e. Under ``Section 2.0300 Air Pollution Emergencies'' by revising the 
entries for ``Section 2.0301,'' ``Section 2.0302,'' ``Section 2.0303,'' 
``Section 2.0304,'' and ``Section 2.0305'' .
    The revisions read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                 (3) EPA-Approved Mecklenburg County Regulations
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                                                        State
       State citation             Title/subject       effective      EPA approval date          Explanation
                                                         date
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  Article 1.0000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain
                                    Sources, Title V and Toxic Air Pollutants
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                                                  * * * * * * *
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                             Section 1.5300 Enforcement; Variances; Judicial Review
----------------------------------------------------------------------------------------------------------------
Rule 1.5301................  Special Enforcement      12/15/2015  9/28/2021, [Insert      ......................
                              Procedures.                          citation of
                                                                   publication].
Rule 1.5302................  Criminal Penalties....   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 1.5303................  Civil Injunction......   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 1.5304................  Civil Penalties.......   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
 
                                                  * * * * * * *
Rule 1.5306................  Hearings..............   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 1.5307................  Judicial Review.......   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Section 2.0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Rule 2.0101................  Definitions...........   12/18/2018  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
 
                                                  * * * * * * *
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                                      Section 2.0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Rule 2.0201................  Classification of Air    12/18/2018  9/28/2021, [Insert      ......................
                              Pollution Sources.                   citation of
                                                                   publication].
Rule 2.0202................  Registration of Air      12/18/2018  9/28/2021, [Insert      ......................
                              Pollution Sources.                   citation of
                                                                   publication].
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                                    Section 2.0300 Air Pollution Emergencies
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Rule 2.0301................  Purpose...............   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 2.0302................  Episode Criteria......   12/18/2018  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 2.0303................  Emission Reduction       12/18/2018  9/28/2021, [Insert      ......................
                              Plans.                               citation of
                                                                   publication].

[[Page 53555]]

 
Rule 2.0304................  Preplanned Abatement     12/18/2018  9/28/2021, [Insert      ......................
                              Program.                             citation of
                                                                   publication].
Rule 2.0305................  Emission Reduction       12/15/2015  9/28/2021, [Insert      ......................
                              Plan: Alert Level.                   citation of
                                                                   publication].
 
                                                  * * * * * * *
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[FR Doc. 2021-20008 Filed 9-27-21; 8:45 am]
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