[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Rules and Regulations]
[Pages 1356-1358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00029]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#4c3b252020252d213f623c292d3e202922290c293c2d622b233a"><span class="__cf_email__" data-cfemail="f186989d9d98909c82df819490839d949f94b1948190df969e87">[email protected]</span></a>.

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\
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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\ The April 24, 2020, submittal was received by EPA on June 
19, 2020.
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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

[[Page 1357]]

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.
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    \3\ The 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.
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    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\
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    \4\ See 62 FR 27968 (May 22, 1997).
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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:
    <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 13563 (76 FR 3821, January 21, 2011);
    <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 an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <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; and
    <bullet> 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:

[[Page 1358]]

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, 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:


Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                 (3) EPA Approved Mecklenburg County Regulations
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                                                      State
     State citation           Title/subject      effective date    EPA approval date           Explanation
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                                                  * * * * * * *
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  Article 1.0000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain
                                    Sources, Title V and Toxic Air Pollutants
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                              Section 1.5100 General Provisions and Administrations
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                                                  * * * * * * *
Rule 1.5102.............  Definition of Terms..      12/18/2018  1/11/2022, [Insert
                                                                  citation of
                                                                  publication].
 
                                                  * * * * * * *
Rule 1.5104.............  General Duties and         12/15/2015  1/11/2022, [Insert
                           Powers of the                          citation of
                           Director, With the                     publication].
                           Approval of the
                           Board.
Rule 1.5111.............  General                    12/18/2018  1/11/2022, [Insert
                           Recordkeeping,                         citation of
                           Reporting and                          publication].
                           Monitoring
                           Requirements.
 
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[FR Doc. 2022-00029 Filed 1-10-22; 8:45 am]
BILLING CODE 6560-50-P


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