[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]
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ENVIRONMENTAL PROTECTION AGENCY
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.
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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
Act).
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].
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 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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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\
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\3\ See 62 FR 27968 (May 22, 1997).
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[[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.
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 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:
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) under
``Section 2.0400 Ambient Air Quality Standards'' by:
0
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
0
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
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State EPA approval
State citation Title/subject effective date date Explanation
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Article 2.0000 Air Pollution Control Regulations and Procedures
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[[Page 64075]]
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Section 2.0400 Ambient Air Quality Standards
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Rule 2.0401................... Purpose.......... 12/18/2018 11/17/2021,
[Insert
citation of
publication].
Rule 2.0402................... Sulfur Oxides.... 12/18/2018 11/17/2021,
[Insert
citation of
publication].
Rule 2.0403................... Total Suspended 12/15/2015 11/17/2021,
Particulates. [Insert
citation of
publication].
Rule 2.0404................... Carbon Monoxide.. 12/18/2018 11/17/2021,
[Insert
citation of
publication].
Rule 2.0405................... Ozone............ 12/18/2018 11/17/2021,
[Insert
citation of
publication].
Rule 2.0407................... Nitrogen Dioxide. 12/18/2018 11/17/2021,
[Insert
citation of
publication].
Rule 2.0408................... Lead............. 12/18/2018 11/17/2021,
[Insert
citation of
publication].
* * * * * * *
Rule 2.0410................... PM2.5 Particulate 12/18/2018 11/17/2021,
Matter. [Insert
citation of
publication].
* * * * * * *
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[FR Doc. 2021-24942 Filed 11-16-21; 8:45 am]
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