Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11867 

1EPA has revoked the 1979 and 1997 ozone 

standards. See 69 FR 23951 (April 30, 2004) and 80 

FR 12264 (March 6, 2015), respectively. 

2EPA revised the level of the 8-hour ozone 

standard to 0.070 ppm in 2015 and designated the 

entire state as attainment/unclassifiable for that 

NAAQS in 2017. See 80 FR 65296 (October 22, 

2015) and 82 FR 54232 (November 16, 2017). 

3EPA designated the following geographic areas 

in North Carolina as nonattainment for the 1979 

ozone standard: Davidson, Durham, Forsyth, 

Gaston, Guilford, Mecklenburg, and Wake Counties, 

the Dutchville Township in Granville County, and 

that part of Davie County bounded by the Yadkin 

River, Dutchmans Creek, North Carolina Highway 

801, Fulton Creek and back to the Yadkin River. 

4The geographic areas designated as 

nonattainment in North Carolina for the 1997 ozone 

standard included all geographic areas designated 

as nonattainment for the 1979 ozone standard as 

well as additional areas. The 1997 Charlotte Area 

consists of Cabarrus, Gaston, Lincoln, Mecklenburg, 

Rowan, and Union Counties and Davidson 

Township and Coddle Creek Township in Iredell 

County. 

5The 2008 Charlotte Area is a subset of the 1997 

Charlotte Area and consists of Central Cabarrus 

Township, Concord Township, Georgeville 

Township, Harrisburg Township, Kannapolis 

Township, Midland Township, Mount Pleasant 

Township, New Gilead Township, Odell Township, 

Poplar Tent Township, and Rimertown Township 

in Cabarrus County; Crowders Mountain Township, 

Dallas Township, Gastonia Township, Riverbend 

Township, and South Point Township in Gaston 

County; Davidson Township and Coddle Creek 

Township in Iredell County; Catawba Springs 

Township, Ironton Township, and Lincolnton 

Township in Lincoln County; Atwell Township, 

China Grove Township, Franklin Township, Gold 

Hill Township, Litaker Township, Locke Township, 

Providence Township, Salisbury Township, Steele 

Township, and Unity Township in Rowan County; 

and Goose Creek Township, Marshville Township, 

Monroe Township, Sandy Ridge Township, and 

Vance Township in Union County. 

6See 58 FR 47391 (November 9, 1993), 59 FR 

18300 (April 18, 1994), and 60 FR 34859 (July 5, 

1995). 

* * * * * 

D. Christopher Evans, 

Acting Administrator. 

[FR Doc. 2021–04242 Filed 2–26–21; 8:45 am] 

BILLING CODE 4410–09–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2019–0613; FRL–10019– 

20–Region 4] 

Air Plan Approval; North Carolina: 

Revisions to Annual Emissions 

Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of North 

Carolina, through the North Carolina 

Department of Environmental Quality, 

Division of Air Quality (DAQ), on July 

10, 2019. The SIP revision modifies the 

State’s annual emissions reporting 

regulation by removing the annual 

emissions reporting requirement for 

certain non-Title V facilities in 

geographic areas that have been 

redesignated to attainment for the 1979 

1-hour ozone national ambient air 

quality standards (‘‘NAAQS’’ or 

‘‘standards’’) and in the areas listed in 

the rule that have been redesignated to 

attainment for the 1997 8-hour ozone 

NAAQS, with the exception of the 

geographic areas that have been 

redesignated to attainment for the 2008 

8-hour ozone NAAQS. The SIP revision 

also makes minor changes that do not 

significantly alter the meaning of the 

regulation. EPA is approving this 

revision pursuant to the Clean Air Act 

(CAA or Act). 

DATES: This rule is effective March 31, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2019–0613. 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 can 

either be retrieved electronically via 

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: 

Tiereny Bell, 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) 562–9088. Ms. Bell can also be 

reached via electronic mail at 

bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In 1979, EPA promulgated a NAAQS 

for ozone, setting the standard at 0.12 

parts per million (ppm) averaged over a 

1-hour time frame. See 44 FR 8202 

(February 8, 1979). In 1997, EPA 

promulgated a revised NAAQS for 

ozone, setting the standard at 0.08 ppm 

averaged over an 8-hour time frame. See 

62 FR 38856 (July 18, 1997).1 In 2008, 

EPA revised the level of the 8-hour 

ozone standard to 0.075 ppm. See 73 FR 

16436 (March 27, 2008).2 The 

promulgation of a new or revised 

NAAQS triggers a CAA requirement for 

EPA to designate as nonattainment any 

area that violates the NAAQS or 

contributes to a violation in a nearby 

area. On November 6, 1991, EPA 

published designations and 

classifications for the 1979 1-hour ozone 

NAAQS.3 See 56 FR 56694. EPA initially 

published designations and 

classifications for the revised 1997 8- 

hour and revised 2008 8-hour ozone 

standards on April 30, 2004 (69 FR 

23858) and May 21, 2012 (77 FR 30088), 

respectively. The geographic areas 

designated as nonattainment in North 

Carolina for the 1997 8-hour ozone 

standard included the CharlotteGastonia-Rock Hill, NC-SC Area (the 

North Carolina portion is hereinafter the 

‘‘1997 Charlotte Area’’).4 The geographic 

areas designated as nonattainment in 

North Carolina for the 2008 ozone 

standard are part of an area known as 

the Charlotte-Rock Hill, NC-SC Area 

(the North Carolina portion is 

hereinafter the ‘‘2008 Charlotte Area’’).5

EPA redesignated North Carolina’s 1979 

ozone nonattainment areas to 

attainment in a series of actions from 

1993 to 1995,6 redesignated the 1997 

Charlotte Area to attainment on 

December 2, 2013 (78 FR 72036), and 

redesignated the 2008 Charlotte Area to 

attainment on July 28, 2015 (80 FR 

44873). 

North Carolina was required to 

develop nonattainment SIP revisions 

addressing the CAA requirements for its 

ozone nonattainment areas. Among 

other things, North Carolina was 

required to address the annual 

emissions reporting requirement in CAA 

section 182(a)(3)(B), which requires 

each state with an ozone nonattainment 

area to submit a SIP revision requiring 

stationary sources that emit 25 tons per 

year (tpy) or more of nitrogen oxides 

(NOX) or volatile organic compounds 

(VOC) within the nonattainment area to 

provide certified annual emissions 

statements to the state showing actual 

annual NOX and VOC emissions from 

the sources. 

11868 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

7 In the table of North Carolina regulations 

federally approved into the SIP at 40 CFR 

52.1770(c), 15A NCAC Subchapter 02Q is referred 

to as ‘‘Subchapter 2Q Air Quality Permits.’’ 

8Section .0207 also contains an annual reporting 

requirement at paragraph (a) for owners and 

operators of title V facilities in the State. 

9The SIP revision added Cabarrus, Lincoln, 

Rowan, and Union Counties and Davidson 

Township and Coddle Creek Township in Iredell 

County to the emissions reporting requirement. 10See 62 FR 27968 (May 22, 1997). 

On August 1, 1997 (62 FR 41277), 

EPA approved the State’s annual 

emissions reporting requirement at 15A 

NCAC Subchapter 02Q Section 

.0207,7 Annual Emissions Reporting, 

into the North Carolina SIP for the 

geographic areas designated as 

nonattainment for the 1979 ozone 

NAAQS.8 On January 31, 2008, North 

Carolina submitted a SIP revision 

adding the 1997 Charlotte Area to its 

annual emissions reporting requirement 

as a result of EPA’s nonattainment 

designations for the 1997 8-hour ozone 

standard.9 On April 24, 2012 (77 FR 

24382), EPA approved that SIP revision 

and added the 1997 Charlotte Area to 

the annual emissions reporting 

requirement in the North Carolina SIP to 

meet the requirements of CAA section 

182(a)(3)(B). 

Paragraph (c) of Section .0207 lists the 

geographic areas in North Carolina 

where owners or operators of certain 

non-title V facilities with actual 

emissions of 25 tpy or more of NOX or 

VOC are required to report by June 30th 

of each year the actual emissions of NOX

and VOC during the previous year. 

Paragraph (d) identifies the date that the 

annual reporting requirement in 

paragraph (c) shall begin. 

II. Analysis of State’s Submission 

EPA is approving North Carolina’s 

July 10, 2019 SIP revision which 

amends the emissions reporting 

requirement at 15A NCAC Subchapter 

02Q Section .0207, Annual Emissions 

Reporting. Specifically, the revision 

removes the annual emissions reporting 

requirement for certain non-Title V 

facilities in geographic areas that have 

been redesignated to attainment for the 

1979 1-hour ozone NAAQS and in the 

redesignated 1997 Charlotte Area, while 

retaining the requirement for the 

redesignated 2008 Charlotte Area. 

Additionally, the revision updates the 

calendar year that the emissions 

reporting requirement begins from 2007 

to 2017 in paragraph (d) and makes 

several minor editorial changes to the 

rule. 

In a notice of proposed rulemaking 

(NPRM) published on October 27, 2020 

(85 FR 68026), EPA proposed to approve 

North Carolina’s SIP revision. The 

October 27, 2020, NPRM provides 

additional detail regarding the SIP 

revision and rationale for EPA’s action. 

Comments on the October 27, 2020, 

NPRM were due on or before November 

27, 2020. 

III. Response to Comments 

EPA received one comment on the 

October 27, 2020, NPRM. A summary of 

the comment and EPA’s response is 

provided below. The full comment is in 

the docket for this rulemaking. 

Comment: The Commenter 

recommends that EPA freeze its actions 

until the Biden administration has the 

authority to promulgate rules and 

regulations. The Commenter then states 

that ‘‘Leaving clean air and water to the 

states can be a mistake unless it is 

California which leads in regulatory 

emissions.’’ 

Response: The majority of the 

comment is beyond the scope of EPA’s 

action on North Carolina’s July 10, 2019 

SIP submittal. With respect to this 

action, Section 110(k) of the CAA 

requires EPA to approve SIP submittals 

that meet all applicable CAA 

requirements and to do so within 

specific timeframes. EPA is approving 

the State’s submittal because the Agency 

has concluded that the submittal meets 

CAA requirements and the Commenter 

did not provide any information 

indicating otherwise. Furthermore, the 

statutory deadline to act on this 

submittal is January 10, 2021, prior to 

the change in presidential 

administration. EPA’s statutory 

obligation to act on SIP submittals is not 

tolled due to a pending change in 

administration. 

IV. 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 15A NCAC Subchapter 

02Q Section .0207, Annual Emissions 

Reporting, state effective April 1, 2018, 

which removes the annual emissions 

reporting requirement for certain nonTitle V facilities; updates the calendar 

year when the annual emissions 

reporting requirement begins; and 

makes several minor editorial changes. 

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.10

V. Final Action 

EPA is approving North Carolina’s 

July 10, 2019, SIP submission, which 

revises 15A NCAC Subchapter 02Q 

Section .0207, Annual Emissions 

Reporting, state effective April 1, 2018, 

which removes annual emissions 

reporting requirement for certain nonTitle V facilities; updates the calendar 

year when the annual emissions 

reporting requirement begins; and 

makes several minor editorial changes. 

EPA is approving this revision pursuant 

to the CAA. 

VI. 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 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); 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11869 

• 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 

April 30, 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 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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Signing Statement 

This document of the Environmental 

Protection Agency was signed on 

December 22, 2020, by Mary Walker, 

Regional Administrator, pursuant to the 

Statutory Deadline of the Clean Air Act. 

That document with the original 

signature and date is maintained by 

EPA. For administrative purposes only, 

and in compliance with requirements of 

the Office of the Federal Register, the 

undersigned EPA Official re-signs the 

document for publication, as an official 

document of the Environmental 

Protection Agency. This administrative 

process in no way alters the legal effect 

of this document upon publication in 

the Federal Register. 

Dated: February 23, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 52.1770 amend Table 1 in 

paragraph (c) under Subchapter 2Q Air 

Quality Permits under Section .0200 

Permit Fees by revising the entry for 

‘‘Section .0207’’ to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

(1) EPA APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Subchapter 2Q Air Quality Permits 

*******

Section .0200 Permit Fees 

Section .0207 .................................. Annual Emissions Reporting ......... 4/1/2018 [Insert citation of publication], 3/1/ 

2021.

* * * * * * * 

* * * * * 

[FR Doc. 2021–04065 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P