[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Rules and Regulations]
[Pages 12869-12872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04833]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0452; FRL-9175-02-R4]


Air Plan Approval; NC; Removal of Transportation Facilities Rules 
for Mecklenburg County

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

[[Page 12870]]

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 via a letter dated April 24, 2020. The 
revision seeks to remove transportation facilities rules from the 
Mecklenburg County Air Pollution Control Ordinance (MCAPCO) rules 
incorporated into the LIP. EPA is approving these changes pursuant to 
the Clean Air Act (CAA or Act).

DATES: This rule is effective April 7, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0452. 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 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: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9992. Mrs. Sheckler can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The April 24, 2020, SIP revision sought to remove Mecklenburg's 
transportation facilities rules from the Mecklenburg LIP. Specifically, 
this revision requested that EPA remove the MCAPCO rules in Article 
2.0000--Air Pollution Control Regulations and Procedures, Section 
2.0800--Transportation Facilities, comprised of Rules 2.0801--Purpose 
and Scope; 2.0802--Definitions; 2.0803--Highway Projects; and 2.0804--
Airport Facilities.\1\ EPA previously removed the State's 
transportation facilities rules from the North Carolina regulatory 
portion of the SIP on May 12, 2017. As a part of that action, EPA 
approved NCDAQ's September 16, 2016, SIP revision containing a 
demonstration showing that the repeal of the State's transportation 
facilities rules satisfied CAA section 110(l). Section 110(l) prohibits 
EPA from approving a SIP revision that would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in section 171), or any other applicable 
requirement of the Act. North Carolina's section 110(l) demonstration 
was a statewide analysis that included Mecklenburg County. The section 
110(l) analysis associated with the removal of the State's rules from 
the SIP is therefore relevant to the proposed removal of Mecklenburg's 
rules from the LIP.
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    \1\ NCDAQ also asked EPA to remove Rules 2.0805--Parking 
Facilities and 2.0806--Ambient Air Monitoring and Analysis. EPA is 
not taking action to remove these two rules because they are not in 
the LIP.
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    On October 28, 2021, EPA published a Notice of Proposed Rulemaking 
(NPRM) proposing to approve the April 24, 2020, SIP revision requesting 
removal of the transportation facilities rules from the MCAPCO rules 
incorporated into the LIP. See 86 FR 59678. The NPRM includes an 
updated 110(l) analysis and provides additional detail regarding the 
background and rationale for this final EPA action. Comments on the 
October 28, 2021, NPRM were due on or before November 29, 2021. EPA 
received one adverse comment on the October 28, 2021, NPRM.\2\ This 
comment is available in the docket for this action. See the Response to 
Comment section of this final action for EPA's response.
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    \2\ EPA received two adverse comments in the docket for this 
rulemaking; however, one of the adverse comments was intended for a 
separate rulemaking related to the Mecklenburg LIP. That rulemaking 
is associated with Docket ID No. EPA-R04-OAR-2021-0055. EPA is 
addressing that comment through that separate rulemaking.
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II. Response to Comment

    As mentioned above, EPA received one adverse comment on the 
proposed action. EPA's comment summary and response are provided below.
    Comment: The Commenter expresses concern about the protectiveness 
of the six criteria pollutants, also known as the national ambient air 
quality standards (NAAQS or standards). In particular, the Commenter 
takes issue with how the NAAQS are measured and contends that they 
should be revised to include more pollutants. The Commenter further 
adds that air quality standards should not be relaxed in metro areas 
and indicates that this removal would constitute a relaxation. 
Additionally, the Commenter notes that metro areas with documented 
nonattainment should not be permitted to relax previously legislated 
air quality control measures. Rather, the Commenter suggests that these 
metro areas should be subject to additional scrutiny and surveillance. 
Finally, the Commenter expresses a general concern about the 
relationship between the six criteria pollutants and indoor air 
pollution.
    Response: To the extent that the comment refers to the 
protectiveness and measurement of the NAAQS, EPA notes that a review of 
the NAAQS is outside of the scope of this rulemaking. This rulemaking 
did not relate to any review or change of the NAAQS in Mecklenburg 
County or any other area in the nation. In this rulemaking, EPA is 
acting solely to remove the MCAPCO rules identified in the previous 
section and the October 28, 2021, NPRM.
    EPA notes that the Agency has a formal process for regular review 
of the six criteria pollutants to determine whether the standards set 
for each are still protective of human health and the environment. 
Pursuant to CAA sections 108 and 109, EPA must thoroughly review each 
NAAQS every five years to account for the latest scientific knowledge 
regarding the effects of the air pollutant on public health and 
welfare.\3\ EPA solicits public comment as part of each five-year 
review and invites the Commenter to share recent scientific discoveries 
and concerns regarding air pollution during those comment periods. 
Further, EPA refers the Commenter to EPA's website at https://www.epa.gov/criteria-air-pollutants/process-reviewing-national-ambient-air-quality-standards to learn more about EPA's process for reviewing 
the NAAQS.
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    \3\ See https://www.epa.gov/criteria-air-pollutants/process-reviewing-national-ambient-air-quality-standards for information 
regarding EPA's five-year NAAQS review process.

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[[Page 12871]]

    In 2021, the EPA Administrator announced the Agency's intention to 
review the standards for ozone and particulate matter on a schedule 
more expeditiously than required by the CAA.4 5 EPA notes 
that the air quality standards are not legislated but are established 
through a notice and rulemaking making process that allows for anyone 
to submit a comment on proposed rules. The Commenter should use the 
public comment periods associated with those reviews to express 
concerns about the protectiveness of the standards. Additionally, EPA 
notes that standards for the criteria pollutants are established to 
apply nationwide and are not ``relaxed'' in individual areas.
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    \4\ See https://www.epa.gov/ground-level-ozone-pollution/epa-
reconsider-previous-administrations-decision-retain-2015-
ozone#:~:text=EPA%20will%20ensure%20the%20Clean,2023%20to%20complete%
20this%20reconsideration for information regarding EPA's 
announcement to reexamine the 2020 decision to retain the 2015 ozone 
NAAQS.
    \5\ See https://www.epa.gov/newsreleases/epa-reexamine-health-standards-harmful-soot-previous-administration-left-unchanged for 
information regarding EPA's announcement to reexamine the December 
2020 decision to retain the 2015 particulate matter NAAQS.
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    While EPA sets the NAAQS, states play a primary role in 
implementation. The CAA establishes a system of cooperative federalism 
that sets specific roles for EPA and the states. In this system, EPA 
provides national leadership and sets national standards for 
environmental protection, such as the NAAQS.\6\ Under CAA section 110, 
states have broad discretion to choose the mix of emission limitations 
and other control measures, means, or techniques that they will 
implement (or update) through a SIP to provide for attainment and 
maintenance of the NAAQS. EPA's role, with respect to a SIP revision, 
is focused on reviewing the submission to determine whether it meets 
the minimum criteria of the CAA. Where it does, EPA must approve the 
submission. When approving a SIP revision, the Agency is not 
establishing its own requirements for the state to implement. If, at 
any time, EPA finds that a SIP is inadequate to attain or maintain the 
relevant NAAQS or otherwise does not comply with the CAA, EPA has the 
authority under CAA section 110(k)(5) to require the state to revise 
its SIP to correct such inadequacies.
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    \6\ See https://www.epa.gov/criteria-air-pollutants/naaqs-table 
for information regarding the current NAAQS.
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    For this rulemaking, EPA has concluded based on the 110(l) 
analysis, that the removal of the transportation facilities rules from 
the Mecklenburg LIP would not weaken or remove any pollution controls 
or interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of the 
Act. As discussed in the October 28, 2021, NPRM, there are no 
nonattainment areas in Mecklenburg County, the transportation 
facilities rules are no longer federally required, Mecklenburg County 
issues few transportation facility permits, the issued permits do not 
require emissions controls, and the relevant NAAQS are not threatened.
    With respect to the Commenter's concern about the relationship 
between the NAAQS and indoor air pollution, the CAA does not require 
states to control indoor air pollution. Congress did not design the CAA 
(including the SIP process, NAAQS pollutants, or area nonattainment 
delegations) to have any effect on indoor air pollution.

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. EPA is finalizing the removal of MCAPCO 
Section 2.0800--Transportation Facilities, including Rules 2.0801--
Purpose and Scope; 2.0802--Definitions; 2.0803--Highway Projects; and 
2.0804--Airport Facilities, which are incorporated by reference in 
accordance with the requirements of 1 CFR part 51. EPA has made, and 
will continue to make, the SIP generally available 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. Final Action

    EPA is removing the MCAPCO rules under Article 2.0000--Air 
Pollution Control Regulations and Procedures, Section 2.0800--
Transportation Facilities. Specifically, EPA is removing Rules 2.0801--
Purpose and Scope; 2.0802--Definitions; 2.0803--Highway Projects; and 
2.0804--Airport Facilities, in their entirety, from the LIP. As a 
result of this removal, no Section 2.0800 rules will be in the LIP, so 
EPA is removing Section 2.0800--Transportation Facilities in its 
entirety. EPA is taking final action to approve these changes to the 
LIP 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 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. 3501et 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. 601et 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 EPAwith 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

[[Page 12872]]

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 May 9, 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, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 28, 2022.
Daniel Blackman,
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


Sec.  52.1770  [Amended]

0
2. In Sec.  52.1770(c)(3), the table is amended by removing the heading 
for ``Section 2.0800 Transportation Facilities,'' and the entries for 
``Section 2.0801,'' ``Section 2.0802,'' ``Section 2.0803,'' and 
``Section 2.0804.''

[FR Doc. 2022-04833 Filed 3-7-22; 8:45 am]
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