[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Proposed Rules]
[Pages 64108-64110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24901]



40 CFR Part 52

[EPA-R04-OAR-2020-0705; FRL-9235-01-R4]

Air Plan Approval; North Carolina: Mecklenburg General Provisions

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 County Local Implementation Plan (LIP). The revision 
was submitted 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) rules incorporated into the LIP, including updating and 
revising certain definitions. EPA is proposing to approve these changes 
pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before December 17, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0705, 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].


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 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

[[Page 64109]]

updates in a revision dated April 24, 2020.\2\

    \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\ The April 24, 2020, submittal was received by EPA on June 
19, 2020.

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\ The January 14, 2019 portion of this 
submission includes changes to Rules 1.5102--Definition of Terms and 
1.5111--General Recordkeeping, Reporting and Monitoring Requirements of 
MCAPCO Article 1.0000--Permitting Provisions for Air Pollution Sources, 
Rules and Operating Regulations for Acid Rain Sources, Title V and 
Toxic Air Pollutants. The January 21, 2016 portion of this submission 
includes changes and updates to Rule 1.5104--General Duties and Powers 
of the Director, With the Approval of the Board of MCAPCO Article 
1.0000. These revisions are described in more detail below:

    \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.

    1. Rule 1.5102--Definition of Terms is revised to add several new 
terms and to remove several obsolete terms from Rule 
1.5102.4 5 The term ``Construction'' is added and defined as 
the change in the method of operation or any change, including on-site 
fabrication, erection, installation, replacement, demolition, or 
modification of a source, that results in a change in emissions or 
affects the compliance status. Some activities excluded from the 
definition include clearing and grading, building access roads, and 
other activities. ``EPA Approves'' is added and defined as the full, 
interim or partial approvals by EPA. ``Facility'' is added and defined 
as all pollutant-emitting activities located on one or more contiguous 
or adjacent properties under common control. ``Insignificant 
Activities'' is added and defined as activities that are insignificant 
due to their category, size, or production rate. ``Potential 
Emissions'' is added and defined as ``emissions of any air pollutant 
that would occur at the facility's maximum capacity to emit any air 
pollutant under its physical and operational design.'' This term allows 
Federally enforceable limitations, placed on the facility's physical or 
operational capacities, to be considered as part of the facility's 
design, and includes air pollution control equipment, restriction on 
hours of operation or the type or amount of material combusted, stored, 
or processed. This term also includes fugitive emissions as defined at 
40 CFR 70.2, however it does not include a facility's secondary 
emissions nor emissions from insignificant activities. ``Regulated Air 
Pollutant'' is defined as nitrogen oxides or any volatile organic 
compound as defined under 40 CFR 51.100; any pollutant for which there 
is an ambient air quality standard as defined pursuant to 40 CFR part 
50; any pollutant that is regulated pursuant to MCAPCO Regulation 
2.0524--New Source Performance Standards, MCAPCO Regulation 2.1110--
National Emission Standards for Hazardous Air Pollutants, MCAPCO 
Regulation 2.1111--Maximum Achievable Control Technology, or 40 CFR 
parts 60, 61, or 63; any pollutant subject to a standard promulgated 
pursuant to section 112 of the CAA or other requirements established 
pursuant to section 112 of the CAA, including section 112(g) (but only 
for the facility subject to section 112 (g)(2) of the CAA), section 112 
(G) or (r) of the CAA and any Class I or II substance listed pursuant 
to section 602 of the CAA; or any toxic air pollutant listed in MCAPCO 
Regulation 2.1104--Toxic Air Pollutant Guidelines. Rule 1.5102 is also 
revised to add the following additional terms: ``Administrator,'' ``Air 
Pollutant,'' ``Allowable Emissions,'' ``Applicable Requirements,'' 
``Applicant,'' ``Application Package,'' ``CFR,'' ``EPA,'' ``Equivalent 
Unadulterated Fuels,'' ``Federally Enforceable'' or ``Federal 
Enforceable,'' ``Fuel Combustion Equipment,'' ``Green Wood,'' 
``Hazardous Air Pollutant,'' ``Lesser Quantity Cutoff,'' ``Major 
Facility,'' ``Modification,'' ``Modified Facility,'' ``New Facility,'' 
``Owner'' or ``Operator,'' ``Peak Shaving Generator,'' ``Permit,'' 
``Permittee,'' ``Plans and Specifications,'' ``Responsible Official,'' 
``Saw Mill,'' ``Title IV Source,'' ``Title V Source,'' ``Toxic Air 
Pollutants,'' and ``Unadulterated Fossil Fuel.'' These revisions 
generally correspond to the definitions in the state-approved SIP at 
15A NCAC 02Q .0103 with minor exceptions.\6\ Lastly, Rule 1.5102 is 
revised to remove the definitions of Cleaning Fires, Condensed Fumes, 
Dust-separating Equipment, Effective Stack Height, Low Volatile Solid 
Fuel, Smoke Density Measuring Device and Undesirable Level. Each of 
these terms are not operative in the currently approved version of the 
LIP because these terms do not appear elsewhere in the LIP. Therefore, 
their removal has no practical effect and will streamline Rule 1.5102.

    \4\ Although the definitions in Rule 1.5102 are global 
definitions that generally apply throughout the LIP, these 
definitions do not apply where they ``conflict[ ] with any 
definition(s) included in MCAPCO Article 2.0000--`Air Pollution 
Control Regulations and Procedures.' '' For example, the Rule 1.5102 
definitions do not apply where they conflict with definitions 
applicable to Mecklenburg's prevention of significant deterioration 
(PSD) or nonattainment new source review (NNSR) programs. For 
Mecklenburg's PSD program, ``the definitions contained in 40 CFR 
51.166(b) and 40 CFR 51.301 apply'' pursuant to Rule 2.0530(a) 
(unless an exception is explicitly stated in Rule 2.0530). For 
Mecklenburg's NNSR program, ``the definitions contained in 40 CFR 
51.165(a)(1) and 40 CFR 51.301 apply'' pursuant to Rule 2.0531(a) 
(unless an exception is explicitly stated in Rule 2.0531). 
Mecklenburg has requested minor changes to Rule 2.0530 (relating to 
PSD), which EPA will address in a separate notice.
    \5\ The reader should refer to the underlying submittal from 
MCAQ for the precise language of each definition. The descriptions 
of the definitions in this section are intended merely as a summary, 
and not as a complete restatement of each definition.
    \6\ The SIP-approved statewide rules for North Carolina include 
a related ``Definitions'' section at 15A NCAC 02Q .0103. Due to 
differences between the LIP and the SIP, MCAPCO Rule 1.5102 and 15A 
NCAC 02Q .0103 are not identical, with each containing certain 
definitions that do not exist in the other version.

    2. Rule 1.5104--General Duties and Powers of the Director, With the 
Approval of the Board is revised to make minor changes to wording, such 
as removing the word ``to'' from the beginning of certain paragraphs 
throughout for uniformity, capitalizing the word ``regulations'' in 
paragraph (c), and capitalizing the first letter of each word in the 
paragraphs where the word ``to'' was removed.
    Paragraph (l) adds language to clarify that the Director makes 
inspections of sources and conducts tests as necessary.
    Finally, the word ``and'' is also removed at the end of paragraph 
(k) to allow for the addition of a new paragraph, paragraph (m), which 
identifies the Director's duty to require the facility to conduct tests 
and gather information to document compliance with emission standards 
and to effectuate the purpose of the Ordinance.
    3. Rule 1.5111--General Recordkeeping, Reporting and Monitoring 
Requirements is revised to make minor edits to punctuation, changing 
commas to semi-colons, and changing the word ``under'' to ``pursuant 
to.'' Additionally, the phrase ``and transportation facilities'' is 
removed from Rule 1.5111(f) and the reporting threshold in Rule 
1.5111(f) is reduced from 25 tons per year to 5 tons per year of actual 
emissions of nitrogen oxides or volatile organic compounds for sources 
that emit these pollutants.
    EPA is proposing to approve the incorporation of the aforementioned 
revisions to the MCAPCO rules into the Mecklenburg LIP because these 
rules add clarity to the LIP and are consistent

[[Page 64110]]

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 MCAPCO Rules 1.5102--Definition of Terms and 1.5111--General 
Recordkeeping, Reporting and Monitoring Requirements, both which have 
an effective date of December 18, 2018; as well as Rule 1.5104--General 
Duties and Powers of the Director, With the Approval of the Board, with 
an effective date of December 15, 2015, 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 

IV. Proposed Action

    EPA is proposing to approve and incorporate into the Mecklenburg 
County LIP revisions to MCAPCO Rules 1.5102--Definition of Terms and 
1.5111--General Recordkeeping, Reporting and Monitoring Requirements, 
effective on December 18, 2018, as well as Rule 1.5104--General Duties 
and Powers of the Director, With the Approval of the Board, effective 
on December 15, 2015. EPA is proposing to approve these changes 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 1356-3 (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, Incorporation by 
reference, Intergovernmental relations, Reporting, and recordkeeping 

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

    Dated: November 8, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-24901 Filed 11-16-21; 8:45 am]