Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 3673 

1EPA received the SIP submission on July 10, 

2020. 

2See 77 FR 13493 (March 7, 2012). 

Permit No. OP–65–000–207, issued 

February 6, 2020, as redacted by 

Pennsylvania. All permit requirements 

of the prior RACT Permit No. OP–65– 

000–207, effective January 4, 1996, 

remain as RACT requirements except for 

conditions 5, 6, 7 (mislabeled as 

condition 5) 8 (mislabeled as condition 

6), and 9 (mislabeled as condition 7), 

which are being superseded. See also 

§ 52.2063(c)(171)(i)(B) for prior RACT 

approval. 

(7) IPSCO Koppel Tubulars LLC— 

Ambridge Incorporating by reference 

Permit No. 04–00227, issued March 26, 

2020, as redacted by Pennsylvania. All 

permit conditions in the prior RACT 

Permit No. PA 04–000–227 issued on 

October 12, 2000, remain as RACT 

requirements. See also 

§ 52.2063(c)(180)(i)(B) for prior RACT 

approval. 

(8) ATI Flat Rolled Products Holdings 

LLC—Vandergrift—Incorporating by 

reference Permit No. 65–00137, issued 

March 11, 2020, as redacted by 

Pennsylvania. All permit conditions in 

the prior RACT Permit No. PA 65–000– 

137 issued on May 17, 1999, remain as 

RACT requirements. See also 

§ 52.2063(c)(186)(i)(B)(1) for prior RACT 

approval. 

(9) Mack Truck—Macungie Title V 

Operating permit no. 0039–00004, 

issued December 30, 2015, as amended 

April 3, 2020, which supersedes 

Operating Permit No. 39–0004, issued 

on May 31, 1995, except for Conditions 

(4), (7) (C)2 through 9, (7) (E)4 through 

9, and (8)(a). See also 

§ 52.2063(c)(207)(i)(B)(1) for prior RACT 

approval. 

(10) Tennessee Gas Pipeline Co., LLC, 

Marienville STA 307—Incorporating by 

reference Permit No. 27–015A, issued 

December 7, 2018, as redacted by 

Pennsylvania. All permit conditions in 

the prior RACT Permit No. PA 27–015 

issued on July 27, 2000, are superseded 

by RACT II requirements except for 

Source ID 136. For Source ID 136, the 

presumptive RACT II limit is less 

stringent than the RACT I limit; 

therefore, the RACT I limit has been 

retained for Source ID 136. See also 

§ 52.2020(d)(1) for prior RACT approval. 

(11) York Group Inc.—Black Bridge 

Rd.—Incorporating by reference Permit 

No. 67–05014C, issued March 4, 2020, 

as redacted by Pennsylvania, which 

supersedes the prior RACT permit no. 

67–2014, issued July 5, 1995, See also 

§ 52.2020(d)(1) for prior RACT approval. 

(12) Dart Container Corporation— 

Leola—Incorporating by reference 

Permit No. 36–05015, issued March 30, 

2020,as redacted by Pennsylvania. 

Requirements of the prior RACT Permit 

No. OP–36–2015, effective August 31, 

1995, remain as RACT requirements 

except for permit condition 7 for the 

flexographic presses, which are no 

longer in operation. See also 

§ 52.2020(d)(1) for prior RACT approval. 

(13) Dart Container Corporation—East 

Lampeter—Incorporating by reference 

Permit No. 36–05117, effective March 3, 

2020, as redacted by Pennsylvania. 

(14) MarkWest Liberty Bluestone– 

Incorporating by reference Permit No. 

10–00368, issued February 20, 2020, as 

redacted by Pennsylvania. 

[FR Doc. 2021–27232 Filed 1–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0677; FRL–9276–02– 

R4] 

Air Plan Approval; South Carolina; 

Catawba Indian Nation Portion of the 

Charlotte-Gastonia-Rock Hill Area 

Limited Maintenance Plan for the 1997 

8-Hour Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to a 

approve state implementation plan (SIP) 

revision submitted by the State of South 

Carolina, through the Department of 

Health and Environmental Control 

(DHEC), via a letter dated July 7, 2020. 

The SIP revision includes the 1997 8- 

hour ozone national ambient air quality 

standards (NAAQS) Limited 

Maintenance Plan (LMP) for the 

Catawba Indian Nation portion 

(hereinafter referred to as the Catawba 

Area) of the Charlotte-Gastonia-Rock 

Hill NC-SC 1997 8-hour ozone 

maintenance area (hereinafter referred 

to as the Charlotte NC-SC 1997 8-hour 

NAAQS Area). The Charlotte NC-SC 

1997 8-hour NAAQS Area is comprised 

of Cabarrus, Gaston, Lincoln, 

Mecklenburg, Rowan, Union, and a 

portion of Iredell County (i.e., Davidson 

and Coddle Creek Townships) in North 

Carolina and a portion of York County, 

South Carolina, which includes the 

Catawba Area. EPA is finalizing 

approval of the Catawba Area LMP 

because it provides for the maintenance 

of the 1997 8-hour ozone NAAQS 

within the Catawba Area through the 

end of the second 10-year portion of the 

maintenance period. The effect of this 

action would be to make certain 

commitments related to maintenance of 

the 1997 8-hour ozone NAAQS in the 

Catawba Area federally enforceable as 

part of the South Carolina SIP. 

DATES: This rule is effective February 

24, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0677. 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: Jane 

Spann, 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) 562–9029. Ms. Spann can also be 

reached via electronic mail at 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Clean Air Act 

(CAA or Act), EPA is approving the 

Catawba Area LMP for the 1997 8-hour 

ozone NAAQS, adopted by DHEC on 

July 7, 2020, and submitted by DHEC as 

a revision to the South Carolina SIP 

under a letter dated July 7, 2020.1 In 

2004, the Charlotte NC-SC 1997 8-hour 

NAAQS Area, which includes the 

Catawba Area, was designated as 

nonattainment for the 1997 8-hour 

ozone NAAQS. Subsequently, in 2012, 

after a clean data determination 2 and 

EPA’s approval of a maintenance plan, 

the South Carolina portion of the 

Charlotte NC-SC 1997 8-hour NAAQS 


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3674 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 

Area, which includes the Catawba Area, 

was redesignated to attainment for the 

1997 8-hour ozone NAAQS. 

The Catawba Area LMP is designed to 

maintain the 1997 8-hour ozone NAAQS 

within the Catawba Area through the 

end of the second 10-year portion of the 

maintenance period beyond 

redesignation. As a general matter, the 

Catawba Area LMP relies on the same 

control measures and relevant 

contingency provisions to maintain the 

1997 8-hour ozone NAAQS during the 

second 10-year portion of the 

maintenance period as the maintenance 

plan submitted by DHEC for the first 10- 

year period. 

In a notice of proposed rulemaking 

(NPRM), published on November 26, 

2021 (86 FR 67402), EPA proposed to 

approve the Catawba Area LMP because 

the State made a showing, consistent 

with EPA’s prior LMP guidance, that the 

Charlotte NC-SC 1997 8-hour NAAQS 

Area’s ozone concentrations are well 

below the 1997 8-hour ozone NAAQS 

and have been historically stable and 

that it met the other maintenance plan 

requirements. The details of South 

Carolina’s submission and the rationale 

for EPA’s action are explained in the 

November 26, 2021, NPRM. Comments 

on the November 26, 2021, NPRM were 

due on or before December 27, 2021. 

EPA did not receive any comments on 

the November 26, 2021, NPRM. 

II. Final Action 

EPA is taking final action to approve 

the Catawba Area LMP for the 1997 8- 

hour ozone NAAQS, submitted by 

DHEC on July 7, 2020, as a revision to 

the South Carolina SIP. 

EPA is approving the Catawba Area 

LMP because it includes an acceptable 

update of various elements of the 1997 

8-hour ozone NAAQS Maintenance Plan 

approved by EPA for the first 10-year 

period and retains the relevant 

provisions of the SIP. EPA also finds 

that the Catawba Area qualifies for the 

LMP option and that therefore the 

Catawba Area LMP adequately 

demonstrates maintenance of the 1997 

8-hour ozone NAAQS through 

documentation of monitoring data 

showing maximum 1997 8-hour ozone 

levels well below the NAAQS and 

continuation of existing control 

measures. EPA believes the Catawba 

Area’s 1997 8-Hour Ozone LMP to be 

sufficient to provide for maintenance of 

the 1997 8-hour ozone NAAQS in the 

Catawba Area over the second 10-year 

maintenance period, through 2032, and 

thereby satisfy the requirements for 

such a plan under CAA section 175A(b). 

III. 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 

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). 

Because this action merely approves 

state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law, this action for the 

State of South Carolina does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). Therefore, this 

action will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. The Catawba Indian Nation 

(CIN) Reservation is located within the 

boundary of York County, South 

Carolina. Pursuant to the Catawba 

Indian Claims Settlement Act, S.C. Code 

Ann. 27–16–120 (Settlement Act), ‘‘all 

state and local environmental laws and 

regulations apply to the [Catawba Indian 

Nation] and Reservation and are fully 

enforceable by all relevant state and 

local agencies and authorities.’’ The CIN 

also retains authority to impose 

regulations applying higher 

environmental standards to the 

Reservation than those imposed by state 

law or local governing bodies, in 

accordance with the Settlement Act. 

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 28, 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 


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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 3675 

Dated: January 18, 2022. 

Daniel Blackman, 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart PP—South Carolina 

■ 2. In § 52.2120, amend the table in 

paragraph (e) by adding the entry ‘‘1997 

8-hour ozone Maintenance Plan for the 

Catawba Indian Nation portion of the bistate Charlotte Area’’ at the end of the 

table to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 

Provision State effective 

date EPA approval date Explanation 

*******

1997 8-hour ozone Maintenance Plan for the Catawba 

Indian Nation portion of the 

bi-state Charlotte Area.

7/7/2020 1/25/2022, [Insert citation of 

publication].

Applicable only to the Catawba Indian Nation Reservation 

portion within the 1997 8-hour ozone boundary in York 

County, South Carolina (within the Rock Hill-Fort Mill Area 

Transportation Study Metropolitan Planning Organization 

Area). 

[FR Doc. 2022–01300 Filed 1–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0473; FRL–8981–02– 

R4] 

Air Plan Approval; North Carolina; 

Mecklenburg Monitoring, 

Recordkeeping, and Reporting Rule 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing 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, and was received by EPA on 

June 19, 2020. The revision updates 

several Mecklenburg County Air 

Pollution Control Ordinance (MCAPCO) 

rules and adds three new rules for 

incorporation into the LIP. These rules 

cover general recordkeeping, 

monitoring, and reporting requirements. 

EPA is approving these changes 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: This rule is effective February 

24, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0473. 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: 

Evan Adams, 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– 

9009. Mr. Adams can also be reached 

via electronic mail at adams.evan@

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 October25, 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

On December 6, 2021, EPA published 

a notice of proposed rulemaking 

(NPRM) proposing to approve the April 

24, 2020, SIP revision regarding updates 

to several of Mecklenburg’s monitoring, 

recordkeeping and reporting rules. See 

86 FR 68957. The December 6, 2021, 

NPRM provides additional detail 

regarding the background and rationale 

for EPA’s action. Comments on the 

December 6, 2021, NPRM were due on 

or before January 5, 2022. EPA received 

no comments on the December 6, 2021, 

NPRM. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 


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