[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79443-79446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22134]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0264; FRL-8980-02-R4]


Air Plan Approval; North Carolina; Mecklenburg Emission Control 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 of Air 
Quality (NCDAQ), on behalf of Mecklenburg County Air Quality (MCAQ) via 
a letter dated April 24, 2020. The revision includes updates to various 
emission control standards contained in the Mecklenburg County Air 
Pollution Control Ordinance (MCAPCO) incorporated into the LIP. EPA is 
approving these changes pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective October 30, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0264. All documents in the docket 
are listed on the 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: Josue Ortiz Borrero, 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) 562-8085. Mr. Ortiz Borrero can also be reached via electronic 
mail at <a href="/cdn-cgi/l/email-protection#afc0dddbc6d5cdc0ddddcaddc081c5c0dcdacaefcadfce81c8c0d9"><span class="__cf_email__" data-cfemail="a5cad7d1ccdfc7cad7d7c0d7ca8bcfcad6d0c0e5c0d5c48bc2cad3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    The original Mecklenburg County LIP was 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 to modify the LIP for, 
among other things, general consistency with the North Carolina SIP.\1\ 
The three submittals were submitted as follows: NCDAQ transmitted the 
October 25, 2017, submittal to EPA but later 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 to EPA in a submittal 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, submission was received 
by EPA on June 19, 2020. For clarity, throughout this document EPA 
will refer to the June 19, 2020, submission by its cover letter date 
of April 24, 2020.
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    The April 24, 2020, submittal includes changes and updates to the 
following rules to align them more closely with their analogous SIP-
approved North Carolina regulations: MCAPCO Rules 2.0502, Purpose; 
2.0507, Particulates from Chemical Fertilizer Manufacturing Plants; 
2.0508, Particulates from Pulp and Paper Mills; 2.0513, Particulates 
from Portland Cement Plants; 2.0514, Particulates from Ferrous Jobbing 
Foundries; 2.0515, Particulates from Miscellaneous Industrial 
Processes; and 2.0533, Stack Height. EPA is approving the incorporation 
of these rules into the Mecklenburg LIP.\3\
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    \3\ EPA has previously taken action on portions of the April 24, 
2020, submittal. The April 24, 2020, submittal contains changes to 
other Mecklenburg LIP-approved rules that are not addressed in this 
document. EPA will be acting on those rules in separate actions.
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    In a notice of proposed rulemaking (NPRM) published on July 25, 
2024 (89 FR 60339), EPA proposed to approve the April 24, 2020, SIP 
revision. The details of North Carolina's submittal and the rationale 
for EPA's action are explained further in the July 25, 2024, NPRM. 
Comments on the NPRM were due on or before August 26, 2024. EPA 
received three sets of comments on the July 25, 2024, NPRM. One set of 
comments is not relevant to this action and two sets of comments are 
substantively identical. The two substantively identical comment sets 
are addressed below. All three comment sets are available in the docket 
for this action.

II. Response to Comments

    EPA received two substantively identical sets of comments on the 
July 25, 2024, NPRM from Clean Future (Commenter). EPA has summarized 
and responded to the comments below.
    Comments: The Commenter generally supports EPA's action and states 
that this SIP revision is ``an important step toward improving air 
quality management in the region.'' The Commenter provides generalized 
suggestions regarding the LIP and implementation of the LIP, including 
a request for a requirement that ``actively gets updates and statements 
of

[[Page 79444]]

facilities,'' a request for regular assessments to ensure the 
regulations are being properly implemented, and a recommendation that 
EPA establish a mechanism for periodic review and adjustment of the 
regulations to incorporate new developments and address any unforeseen 
challenges. The Commenter also notes that there should be monitoring 
and enforcement and ``effective mechanisms and reporting,'' notes the 
importance of reviewing how these updated standards compare with 
current federal and State guidelines and notes the importance of 
assessing the effectiveness of these regulations to reduce emissions.
    Response: EPA appreciates the Commenter's support for this action. 
Due to the general nature of the Commenter's requests and suggestions, 
EPA is only able to provide general responses.
    The scope of EPA's review in evaluating SIP revisions is limited to 
the process in CAA section 110 and EPA's implementing regulations 
codified at 40 CFR part 51. 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 national 
ambient air quality standards (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. These minimum 
criteria include CAA section 110(l), which 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. Where a 
SIP revision meets the minimum CAA criteria, 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.
    In general, the Act addresses monitoring, reporting, and 
enforcement in SIPs (as well as LIPs). See, e.g., CAA section 
110(a)(2)(A) (requiring ``enforceable emission limitations and other 
control measures, means, or techniques''); CAA section 110(a)(2)(B)(i) 
(requiring the ``establishment and operation of devices . . . to . . . 
monitor, compile, and analyze data on ambient air quality''); CAA 
section 110(a)(2)(C) (requiring ``a program to provide for the 
enforcement'' of such measures); CAA section 110(a)(2)(F) (addressing 
reporting). The LIP revisions at issue here are narrow and only include 
updates to emission standards in MCAPCO 2.0502, Purpose; 2.0507, 
Particulates from Chemical Fertilizer Manufacturing Plants; 2.0508, 
Particulates from Pulp and Paper Mills; 2.0513, Particulates from 
Portland Cement Plants; 2.0514, Particulates from Ferrous Jobbing 
Foundries; 2.0515, Particulates from Miscellaneous Industrial 
Processes; and 2.0533, Stack Height. The revision does not alter any 
existing LIP-approved monitoring, enforcement, or reporting 
requirements, remove any such requirements, or add any such 
requirements. Given the limited nature of this SIP revision and EPA's 
role in reviewing SIP revisions discussed above, the comments regarding 
monitoring, reporting, and enforcement are beyond the scope of this 
action. Regarding the Commenter's recommendation to establish a 
mechanism for periodic review and adjustment of regulations to 
incorporate new developments and challenges, EPA reiterates that it has 
the authority to issue a SIP call under CAA section 110(k)(5) if, at 
any time, it finds the SIP to be inadequate to attain or maintain the 
relevant NAAQS or otherwise does not comply with the CAA.
    Regarding the importance of assessing the effectiveness of these 
regulations to reduce emissions and comparing the revision with federal 
and State guidelines, EPA reviewed the revision in accordance with CAA 
section 110(l), which prohibits the Agency from approving a SIP 
revision that would interfere with any applicable requirement 
concerning attainment or any other applicable requirement of the Act. 
In developing the NPRM, EPA evaluated each rule revision, including its 
potential impact on air quality and its consistency with applicable CAA 
requirements, and determined that the revision meets the requirements 
of CAA section 110(l). EPA is therefore approving this revision to the 
Mecklenburg LIP.

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, and as discussed in Sections I and II of this preamble, EPA 
is finalizing the incorporation by reference of the following revised 
MCAPCO Rules, with a local effective date of December 15, 2015, into 
the Mecklenburg LIP: 2.0502, Purpose; 2.0507, Particulates from 
Chemical Fertilizer Manufacturing Plants; 2.0508, Particulates from 
Pulp and Paper Mills; \4\ 2.0513, Particulates from Portland Cement 
Plants; \5\ 2.0514, Particulates from Ferrous Jobbing Foundries; \6\ 
2.0515, Particulates from Miscellaneous Industrial Processes; and 
2.0533, Stack Height. 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.\7\
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    \4\ Rule 2.0508, currently entitled Control of Particulates from 
Pulp and Paper Mills in the Mecklenburg LIP, is being renamed to 
Particulates from Pulp and Paper Mills.
    \5\ Rule 2.0513, currently entitled Control of Particulates from 
Portland Cement Plants in the Mecklenburg LIP, is being renamed to 
Particulates from Portland Cement Plants.
    \6\ Rule 2.0514, currently entitled Control of Particulates from 
Ferrous Jobbing Foundries in the Mecklenburg LIP, is being renamed 
to Particulates from Ferrous Jobbing Foundries
    \7\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the aforementioned SIP revision by incorporating 
the following MCAPCO Rules, with a local effective date of December 15, 
2015, into the Mecklenburg LIP: 2.0502, Purpose; 2.0507, Particulates 
from Chemical Fertilizer Manufacturing Plants; 2.0508, Particulates 
from Pulp and Paper Mills; 2.0513, Particulates from Portland Cement 
Plants; 2.0514, Particulates from Ferrous Jobbing Foundries; 2.0515, 
Particulates from Miscellaneous Industrial Processes; and 2.0533, Stack 
Height.

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 CAA 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. Accordingly, this 
action merely approves State law as meeting

[[Page 79445]]

Federal requirements and does not impose additional requirements beyond 
those imposed by State law. For that reason, this action:
    <bullet> 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 14094 (88 FR 21879, April 11, 2023);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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.
    In addition, 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 and will not impose 
substantial direct costs on Tribal governments or preempt Tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
EPA defines EJ as ``the fair treatment and meaningful involvement of 
all people regardless of race, color, national origin, or income with 
respect to the development, implementation, and enforcement of 
environmental laws, regulations, and policies.'' EPA further defines 
the term fair treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    NCDAQ did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving EJ for communities with EJ concerns.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 November 29, 2024. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements.

    Dated: September 20, 2024.
Jeaneanne Gettle,
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 paragraph (c)(3), amend the table by revising the 
entries for ``Rule 2.0502'', ``Rule 2.0507'', ``Rule 2.0508'', ``Rule 
2.0513'', ``Rule 2.0514'', ``Rule 2.0515'', and ``Rule 2.0533'' to read 
as follows.


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *
    (3) EPA-Approved Mecklenburg County Regulations

----------------------------------------------------------------------------------------------------------------
                                                            County
            Citation                 Title/subject      effective date    EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                    SECTION 2.0500 EMISSION CONTROL STANDARDS
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                                                  * * * * * * *
Rule 2.0502....................  Purpose..............      12/15/2015  9/30/2024, [Insert     .................
                                                                         first page of
                                                                         Federal Register
                                                                         citation].
 
                                                  * * * * * * *
Rule 2.0507....................  Particulates from          12/15/2015  9/30/2024, [Insert     .................
                                  Chemical Fertilizer                    first page of
                                  Manufacturing Plants.                  Federal Register
                                                                         citation].

[[Page 79446]]

 
Rule 2.0508....................  Particulates from          12/15/2015  9/30/2024, [Insert     .................
                                  Pulp and Paper Mills.                  first page of
                                                                         Federal Register
                                                                         citation].
 
                                                  * * * * * * *
Rule 2.0513....................  Particulates from          12/15/2015  9/30/2024, [Insert     .................
                                  Portland Cement                        first page of
                                  Plants.                                Federal Register
                                                                         citation].
Rule 2.0514....................  Particulates from          12/15/2015  9/30/2024, [Insert     .................
                                  Ferrous Jobbing                        first page of
                                  Foundries.                             Federal Register
                                                                         citation].
Rule 2.0515....................  Particulates from          12/15/2015  9/30/2024, [Insert     .................
                                  Miscellaneous                          first page of
                                  Industrial Processes.                  Federal Register
                                                                         citation].
 
                                                  * * * * * * *
Rule 2.0533....................  Stack Height.........      12/15/2015  9/30/2024, [Insert     .................
                                                                         first page of
                                                                         Federal Register
                                                                         citation].
 
                                                  * * * * * * *
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[FR Doc. 2024-22134 Filed 9-27-24; 8:45 am]
BILLING CODE 6560-50-P


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