1356 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Rules and Regulations 

1The 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. 

2The April 24, 2020, submittal was received by 

EPA on June 19, 2020. 

3The April 24, 2020, submittal contains changes 

to other Mecklenburg LIP-approved rules that are 

not addressed in this notice. EPA will be acting on 

those rules in separate actions. 

■ 2. Add § 165.1343 to read as follows: 

§ 165.1343 Regulated navigation area; NW 

Natural PGM Site, Willamette River, 

Portland, OR. 

(a) Location. The following area is a 

regulated navigation area (RNA): All 

navigable waters of the Willamette River 

adjacent to the NW Natural Portland Gas 

Manufacturing (PGM) site, encompassed 

by a line connecting the following 

points beginning at 45°31′33.8′′ N, 

122°40′11.6′′ W; thence to 45°31′33.9′′ N, 

122°40′11.2′′ W; thence to 45°31′32.7′′ N, 

122°40′10.7′′ W; thence to 45°31′32.9′′ N, 

122°40′09.4′′ W; thence to 45°31′32.2′′ N, 

122°40′08.8′′ W; thence to 45°31′32.2′′ N, 

122°40′07.9′′ W; thence to 45°31′31.4′′ N, 

122°40′07.6′′ W; thence to 45°31′30.9′′ N, 

122°40′10.7′′ W; and along the shoreline 

back to the beginning point. These 

coordinates are based on North 

American Datum 83 (NAD 83). 

Geographically this location starts on 

the west bank of the Willamette River at 

approximately river mile 12.2, 100 yards 

south of the Steel Bridge. 

(b) Regulations. In addition to the 

general RNA regulations in § 165.13, the 

following regulations apply to the RNA 

described in paragraph (a) of this 

section. 

(1) Sediment disturbance activities 

including dredging, spudding, and 

vessel anchoring require advance 

consultation with the Oregon 

Department of Environmental Quality 

and obtain prior approval from the 

Coast Guard Captain of the Port Sector 

Columbia River (COTP) to prevent 

exposure of buried contamination and/ 

or damage to the remedial cap. Contact 

Oregon DEQ at 503–229–5245, or 

alternatively, call 811 prior to any 

sediment disturbance activity. Any 

work within 10 feet of the seawall is 

prohibited unless there is advance 

consultation and approval by the City of 

Portland, DEQ and the COTP. All 

vessels and persons are prohibited from 

anchoring, dredging, laying cable, 

dragging, seining, bottom fishing, 

conducting salvage operations, or any 

other activity which could potentially 

disturb the riverbed in the designated 

area. Vessels may otherwise transit or 

navigate within this area. 

(2) The regulations described in 

paragraph (b)(1) of this section do not 

apply to vessels or persons engaged in 

activities associated with remediation 

efforts in the NW Natural PGM Site, 

provided that the COTP is given 

advance notice of those activities by 

Oregon DEQ. 

(c) Contact information. If you 

observe violations of the regulations in 

this section, you may notify the COTP 

by email, at D13-SMBMSUPortlandWWM@uscg.mil. 

Dated: November 24, 2021. 

M.W. Bouboulis, 

RADM, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2022–00199 Filed 1–10–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0705; FRL–9235–02– 

R4] 

Air Plan Approval; North Carolina: 

Mecklenburg General Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision to the Mecklenburg County 

portion of the North Carolina SIP, 

hereinafter referred to as the 

Mecklenburg County Local 

Implementation Plan (LIP). The revision 

was submitted through the North 

Carolina Division Air Quality (NCDAQ), 

on behalf of Mecklenburg County Air 

Quality (MCAQ), 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) 

rules incorporated into the LIP, 

including updating and revising certain 

definitions. EPA is approving these 

changes pursuant to the Clean Air Act 

(CAA or Act). 

DATES: This rule is effective February 

10, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0705. 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 

williams.pearlene@epa.gov. 

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

II. What action is EPA taking? 

On April 24, 2020, NCDAQ submitted 

to EPA changes to the MCAPCO to be 

incorporated into the LIP.3 The January 

14, 2019, portion of this submission 

includes changes to Rules 1.5102— 

Definition of Terms and 1.5111— 

General Recordkeeping, Reporting and 

Monitoring Requirements of MCAPCO 


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Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Rules and Regulations 1357 

4See 62 FR 27968 (May 22, 1997). 

Article 1.0000—Permitting Provisions 

for Air Pollution Sources, Rules and 

Operating Regulations for Acid Rain 

Sources, Title V and Toxic Air 

Pollutants. The January 21, 2016 portion 

of this submission includes changes and 

updates to Rule 1.5104—General Duties 

and Powers of the Director, With the 

Approval of the Board of MCAPCO 

Article 1.0000. 

On November 17, 2021, EPA 

published a Notice of Proposed 

Rulemaking (NPRM) proposing to 

approve the April 24, 2020, SIP revision 

regarding updates to Mecklenburg’s 

general provisions and administrations 

rules. See 86 FR 64108. The NPRM 

provides additional detail regarding the 

background and rationale for EPA’s 

action. Comments on the November 17, 

2021, NPRM were due on or before 

December 17, 2021. EPA received no 

comments on the November 17, 2021, 

NPRM. 

EPA is approving the incorporation of 

the aforementioned revisions to the 

MCAPCO rules into the Mecklenburg 

LIP because these rules add clarity to 

the LIP and are consistent with the CAA 

and applicable regulations. 

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, EPA is finalizing the 

incorporation by reference of MCAPCO 

Rules 1.5102—Definition of Terms and 

1.5111—General Recordkeeping, 

Reporting and Monitoring 

Requirements, both which have an 

effective date of December 18, 2018; as 

well as Rule 1.5104—General Duties 

and Powers of the Director, With the 

Approval of the Board, with an effective 

date of December 15, 2015, into the 

Mecklenburg County portion of the 

North Carolina SIP. 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.4

IV. Final Action 

EPA is finalizing regulatory text that 

incorporates into the Mecklenburg 

County LIP revisions to MCAPCO Rules 

1.5102—Definition of Terms and 

1.5111—General Recordkeeping, 

Reporting and Monitoring 

Requirements, effective on December 

18, 2018, as well as Rule 1.5104— 

General Duties and Powers of the 

Director, With the Approval of the 

Board, effective on 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 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 March 14, 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, Incorporation by 

reference, Intergovernmental relations, 

Reporting, and recordkeeping 

requirements. 

Dated: December 29, 2021. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as follows: 


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1358 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Rules and Regulations 

1 In the table of North Carolina regulations 

federally approved into the SIP at 40 CFR 

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

‘‘Subchapter 2D Air Pollution Control 

Requirements.’’ 2See North Carolina’s April 14, 2021, SIP 

revision at pp. 82–86 (of the pdf file available in 

the docket for this rulemaking) to review a redline 

version of the rule showing all changes. 

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, in paragraph (c), 

amend table (3) by removing the entries 

for ‘‘Section 1.5102,’’ ‘‘Section 1.5104,’’ 

and ‘‘Section 1.5111,’’ and adding ‘‘Rule 

1.5102,’’ ‘‘Rule 1.5104,’’ and ‘‘Rule 

1.5111,’’ in their place to read as 

follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

(3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Article 1.0000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain Sources, Title V and 

Toxic Air Pollutants 

Section 1.5100 General Provisions and Administrations 

*******

Rule 1.5102 ... Definition of Terms ......................................... 12/18/2018 1/11/2022, [Insert citation of publication].

* * * * * * * 

Rule 1.5104 ... General Duties and Powers of the Director, 

With the Approval of the Board.

12/15/2015 1/11/2022, [Insert citation of publication].

Rule 1.5111 ... General Recordkeeping, Reporting and Monitoring Requirements.12/18/2018 1/11/2022, [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2022–00029 Filed 1–10–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0430; FRL–9060–02– 

R4] 

Air Plan Approval; North Carolina; 

Minor Revisions to Cotton Ginning 

Operations Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the North Carolina State 

Implementation Plan (SIP) submitted by 

the State of North Carolina Department 

of Environmental Quality, Division of 

Air Quality, via a letter dated April 13, 

2021, and received by EPA on April 14, 

2021. This revision contains minor 

clarifying and typographical edits to 

North Carolina’s cotton ginning 

operations rule. EPA is finalizing 

approval of these changes pursuant to 

the Clean Air Act (CAA or Act). 

DATES: This rule is effective February 

10, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0430. 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 

williams.pearlene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

On April 14, 2021, the State of North 

Carolina submitted changes to the North 

Carolina SIP for EPA approval. EPA is 

approving these changes to 15A North 

Carolina Administrative Code (NCAC) 

Subchapter 02D,1 Rule .0542—Control 

of Particulate Emissions from Cotton 

Ginning Operations which establishes 

control requirements for particulate 

emissions from cotton ginning 

operations. 

II. Analysis of North Carolina’s SIP 

Revision 

North Carolina’s SIP revision contains 

minor clarifying and typographical edits 

to the text of Rule .0542.2 Details 

regarding the background for these 

changes may be found in the notice of 


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