[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Rules and Regulations]
[Pages 64073-64075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24942]



40 CFR Part 52

[EPA-R04-OAR-2020-0707; FRL-9059-02-R4]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


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

DATES: This rule is effective December 17, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0707. 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: 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 
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\ EPA notes that the April 24, 2020, submittal was received by 
EPA on June 19, 2020.

    On September 24, 2021, EPA published a Notice of Proposed 
Rulemaking (NPRM) proposing to approve the April 24, 2020, SIP revision 
regarding updates to Mecklenburg's ambient air quality standard rules, 
as well as the addition of a PM2.5 rule. The NPRM provides 
additional detail regarding the background and rationale for EPA's 
action. Comments on the NPRM were due on or before October 25, 2021. 
EPA received no comments on the September 24, NPRM.

III. Incorporation by Reference

    In this document, 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 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). 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\

    \3\ See 62 FR 27968 (May 22, 1997).


[[Page 64074]]

IV. Final Action

    EPA is finalizing regulatory text that incorporates 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 approving and incorporating into the LIP Rule 
2.0403 --Total Suspended Particulates with an effective date of 
December 15, 2015. EPA is taking final action 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 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. 
    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 January 18, 2022. 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, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: November 8, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart II--North Carolina

2. In Sec.  52.1770, amend the table in paragraph (c)(3) under 
``Section 2.0400 Ambient Air Quality Standards'' by:
a. Revising the entries for ``Section 2.0401,'' ``Section 2.0402,'' 
``Section 2.0403,'' ``Section 2.0404,'' ``Section 2.0405,'' ``Section 
2.0407,'' and ``Section 2.0408,'' and
b. Adding a new entry for ``Rule 2.0410'' in numerical order after the 
entry for ``Section 2.0409.''
    The revisions read as follows:

Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                 (3) EPA Approved Mecklenburg County Regulations
                                                        State        EPA approval
        State citation            Title/subject    effective date        date                Explanation
                                                  * * * * * * *
                         Article 2.0000 Air Pollution Control Regulations and Procedures

[[Page 64075]]

                                                  * * * * * * *
                                  Section 2.0400 Ambient Air Quality Standards
Rule 2.0401...................  Purpose..........      12/18/2018  11/17/2021,
                                                                    citation of
Rule 2.0402...................  Sulfur Oxides....      12/18/2018  11/17/2021,
                                                                    citation of
Rule 2.0403...................  Total Suspended        12/15/2015  11/17/2021,
                                 Particulates.                      [Insert
                                                                    citation of
Rule 2.0404...................  Carbon Monoxide..      12/18/2018  11/17/2021,
                                                                    citation of
Rule 2.0405...................  Ozone............      12/18/2018  11/17/2021,
                                                                    citation of
Rule 2.0407...................  Nitrogen Dioxide.      12/18/2018  11/17/2021,
                                                                    citation of
Rule 2.0408...................  Lead.............      12/18/2018  11/17/2021,
                                                                    citation of
                                                  * * * * * * *
Rule 2.0410...................  PM2.5 Particulate      12/18/2018  11/17/2021,
                                 Matter.                            [Insert
                                                                    citation of
                                                  * * * * * * *

* * * * *
[FR Doc. 2021-24942 Filed 11-16-21; 8:45 am]