Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11875 

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, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Signing Statement 

This document of the Environmental 

Protection Agency was signed on 

January 4, 2021, 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 RR—Tennessee 

■ 2. In § 52.2220 amend the table in 

paragraph (e) by adding, at the end of 

the table, entries for ‘‘2010 1-Hour SO2

Emissions Inventory for the Sullivan 

County Area’’ and ‘‘2010 1-Hour 

Nonattainment New Source Review 

Plan for the Sullivan County Area’’ to 

read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State 

effective 

date 

EPA 

approval 

date 

Explanation 

*******

2010 1-Hour SO2 Emissions 

Inventory for the Sullivan 

County Area.

Sullivan County ...................... 5/10/2017 3/1/2021, [Insert citation of 

publication].

Addressing the base-year 

emissions inventory requirements of 172(c)(3). 

2010 1-Hour SO2 Nonattainment New Source Review 

Plan for the Sullivan County 

Area.

Sullivan County ...................... 5/10/2017 3/1/2021, [Insert citation of 

publication].

[FR Doc. 2021–04063 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0186; FRL–10019– 

56–Region 4] 

Air Plan Approval; North Carolina; 

Revisions to Construction and 

Operation Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the North Carolina 

State Implementation Plan (SIP) 

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 seeks to modify the 

State’s construction and operation 

permitting regulations by making minor 

changes that do not significantly alter 

the meaning of the regulations. 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– 

2020–0186. 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. 

11876 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

1 In the table of North Carolina regulations 

federally approved into the SIP at 40 CFR 

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

‘‘Subchapter 2Q Air Quality Permits.’’ 

2The State submitted the SIP revision following 

the readoption of several air regulations, including 

.0301, .0303, .0304, .0305, .0307, .0308, .0309, 

.0310, .0311, .0312, .0313, .0314, .0315, .0316, and 

.0317, pursuant to North Carolina’s 10-year 

regulatory readoption process at North Carolina 

General Statute 150B–21.3A. 

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. 

Ms. Williams can also be reached via 

phone at (404) 562–9144 or via 

electronic mail at williams.pearlene@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 10, 2019, the State of North 

Carolina submitted changes to the North 

Carolina SIP for EPA approval. EPA is 

finalizing changes to the following 

regulations under 15A North Carolina 

Administrative Code (NCAC) 

Subchapter 02Q,1 Section .0300, 

Construction and Operation Permits: 

Section .0301, Applicability; Section 

.0303, Definitions; Section .0304, 

Applications; Section .0305, 

Application Submittal Content; Section 

.0307, Public Participation Procedures; 

Section .0308, Final Action on Permit 

Applications; Section .0309, 

Termination, Modification and 

Revocation of Permits; Section .0310, 

Permitting of Numerous Similar 

Facilities; Section .0311, Permitting of 

Facilities at Multiple Temporary Sites; 

Section .0312, Application Processing 

Schedule; Section .0313, Expedited 

Application Processing Schedule; 

Section .0314, General Requirements for 

All Permits; Section .0315, Synthetic 

Minor Facilities; Section .0316, 

Administrative Permit Amendments; 

and Section .0317, Avoidance 

Conditions.2

II. Analysis of North Carolina’s SIP 

Revision 

The revision that is the subject of this 

final rulemaking makes changes to 

construction and operating permitting 

regulations under Subchapter 2Q of the 

North Carolina SIP. These changes 

revise the applicability of permit 

exemptions, permit application and 

processing procedures, and revise 

related definitions. Details regarding the 

background for these changes may be 

found in the proposed rulemaking that 

published October 19, 2020 (85 FR 

66296). The comment period for this 

rulemaking closed on November 18, 

2020. No adverse comments were 

received. EPA finds that the changes do 

not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable CAA requirement. 

EPA has determined that the changes 

to the regulations above provide clarity 

to the applicability of permit 

exemptions, permit application and 

processing procedures, and definitions. 

The changes are minor changes that do 

not significantly alter the meaning of the 

regulations. The changes to the SIP 

satisfy CAA section 110(l) and do not 

interfere with attainment and 

maintenance of the national ambient air 

quality standards or any other 

applicable requirement of the Act. 

Therefore, EPA is approving the changes 

to these regulations. 

III. Incorporation by Reference 

In this rule, 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 the following sections of 

15A NCAC Subchapter 2Q with a stateeffective date of April 1, 2018: Section 

.0301, Applicability; Section .0303, 

Definitions; Section .0304, Applications; 

Section .0305, Application Submittal 

Content; Section .0307, Public 

Participation Procedures; Section .0308, 

Final Action on Permit Applications; 

Section .0309, Termination, 

Modification and Revocation of Permits; 

Section .0310, Permitting of Numerous 

Similar Facilities; Section .0311, 

Permitting of Facilities at Multiple 

Temporary Sites; Section .0312, 

Application Processing Schedule; 

Section .0313, Expedited Application 

Processing Schedule; Section .0314, 

General Requirements for All Permits; 

Section .0315, Synthetic Minor 

Facilities; Section .0316, Administrative 

Permit Amendments; and Section .0317, 

Avoidance Conditions. This finalization 

revises the applicability of permit 

exemptions, revises permit application 

and processing procedures, and amends 

definitions. 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). 

IV. Final Action 

EPA is approving North Carolina’s 

July 10, 2019, SIP revision, which 

contains changes to the following 

regulations under 15A NCAC 

Subchapter 02Q, Section .0300, 

Construction and Operation Permits: 

Section .0301, Applicability; Section 

.0303, Definitions; Section .0304, 

Applications; Section .0305, 

Application Submittal Content; Section 

.0307, Public Participation Procedures; 

Section .0308, Final Action on Permit 

Applications; Section .0309, 

Termination, Modification and 

Revocation of Permits; Section .0310, 

Permitting of Numerous Similar 

Facilities; Section .0311, Permitting of 

Facilities at Multiple Temporary Sites; 

Section .0312, Application Processing 

Schedule; Section .0313, Expedited 

Application Processing Schedule; 

Section .0314, General Requirements for 

All Permits; Section .0315, Synthetic 

Minor Facilities; Section .0316, 

Administrative Permit Amendments; 

and Section .0317, Avoidance 

Conditions. EPA has concluded that 

these changes 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 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11877 

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 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Signing Statement 

This document of the Environmental 

Protection Agency was signed on 

January 7, 2021, 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 02Q Air 

Quality Permits under Section .0300, 

Construction and Operation Permits by 

revising the entries for ‘‘Section .0301’’, 

‘‘Section .0303’’, ‘‘Section .0304’’, 

‘‘Section .0305’’, ‘‘Section .0307’’, 

‘‘Section .0308’’, ‘‘Section .0309’’, 

‘‘Section .0310’’, ‘‘Section .0311’’, 

‘‘Section .0312’’, ‘‘Section .0313’’, 

‘‘Section .0314’’, ‘‘Section .0315’’, 

‘‘Section .0316’’, and ‘‘Section .0317’’ 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 .0300 Construction and Operating Permits 

Section .0301 .................................. Applicability .................................... 4/1/2018 3/1/2021, [Insert citation of publication].

Section .0303 .................................. Definitions ...................................... 4/1/2018 3/1/2021, [Insert citation of publication].

Section .0304 .................................. Applications .................................... 4/1/2018 3/1/2021, [Insert citation of publication].

Section .0305 .................................. Application Submittal Content ....... 4/1/2018 3/1/2021, [Insert citation of publication].

* * * * * * * 

Section .0307 .................................. Public Participation Procedures ..... 4/1/2018 3/1/2021, [Insert citation of publication].

Section .0308 .................................. Final Action on Permit Applications 4/1/2018 3/1/2021, [Insert citation of publication].

11878 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

1The State submitted the SIP revision following 

the readoption of several air regulations, including 

.0306, pursuant to North Carolina’s 10-year 

regulatory readoption process at North Carolina 

General Statute 150B–21.3A. 2North Carolina’s April 1, 2018, rule revision also 

removed paragraph (b) from the state-effective 

version of the rule. This paragraph required a 30- 

day public notice period for permits that placed a 

physical or operational limitation on a facility to 

avoid title V requirements under 15 NCAC 02Q 

0500. Furthermore, the revised rule renumbered 

paragraph (c) of the state-effective version of the 

rule to paragraph (b). However, these changes are 

not before EPA for action because (1) the version 

of paragraph (b) that the State removed in the April 

1, 2018, rule revision is not in the SIP, and (2) the 

version of paragraph (b) in the SIP is identical to 

the version of paragraph (b) in the April 1, 2018, 

rule. See 67 FR 64990 (October 22, 2002). 

(1) EPA APPROVED NORTH CAROLINA REGULATIONS—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

Section .0309 .................................. Termination, Modification and Revocation of Permits.4/1/2018 3/1/2021, [Insert citation of publication].

Section .0310 .................................. Permitting of Numerous Similar 

Facilities.

4/1/2018 3/1/2021, [Insert citation of publication].

Section .0311 .................................. Permitting of Facilities at Multiple 

Temporary Sites.

4/1/2018 3/1/2021, [Insert citation of publication].

Section .0312 .................................. Application Processing Schedule .. 4/1/2018 3/1/2021, [Insert citation of publication].

Section .0313 .................................. Expedited Application Processing 

Schedule.

4/1/2018 3/1/2021, [Insert citation of publication].

Section .0314 .................................. General Permitting for All Requirements.4/1/2018 3/1/2021, [Insert citation of publication].

Section .0315 .................................. Synthetic Minor Facilities ............... 4/1/2018 3/1/2021, [Insert citation of publication].

Section .0316 .................................. Administrative Permit Amendments 4/1/2018 3/1/2021, [Insert citation of publication].

Section .0317 .................................. Avoidance Conditions .................... 4/1/2018 3/1/2021, [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2021–04066 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0344; FRL–10018– 

03–Region 4] 

Air Plan Approval; North Carolina: 

Permits Requiring Public Participation 

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 

(NCDEQ), Division of Air Quality, on 

July 10, 2019. This SIP revision seeks to 

modify the State’s permitting program 

public participation procedures by 

adding two types of minor source 

permits to the list of permits that must 

undergo public participation and by 

making minor edits. 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– 

2020–0344. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not 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 

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: D. 

Brad Akers, 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. 

Mr. Akers can be reached via electronic 

mail at akers.brad@epa.gov or via 

telephone at (404) 562–9089. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is approving changes to the 

North Carolina SIP that were provided 

to EPA through NCDEQ via a letter 

dated July 10, 2019. EPA is approving 

this SIP revision which makes changes 

to 15A North Carolina Administrative 

Code (NCAC) Subchapter 02Q, Section 

.0306, Permits Requiring Public 

Participation.1 The July 10, 2019, SIP 

revision changes to Section .0306 add 

two types of permits subject to public 

participation and makes several minor 

edits, including the removal of obsolete 

regulatory references.2 The permits 

listed in Section .0306 must undergo 

public notice for comments with the 

opportunity for the public to request a 

public hearing. Pursuant to Section 

.0307(d), Public Participation 

Procedures, the public comment period 

for these permits must last for at least 

30 days. 

EPA is approving the two additions to 

the list of permits requiring public 

participation pursuant to CAA section 

110 as a SIP-strengthening measure and 

40 CFR 51.161. EPA is approving the 

remaining changes to Section .0306 

because they are minor edits that do not 

interfere with attainment and 

maintenance of the national ambient air