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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3676 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 

1See 62 FR 27968 (May 22, 1997). 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of MCAPCO Rules 2.0601, 

Purpose and Scope; 2.0602, Definitions; 

2.0604, Exceptions to Monitoring and 

Reporting Requirements; 2.0605, 

General Recordkeeping and Reporting 

Requirements; 2.0607, Large Wood and 

Wood-Fossil Fuel Combination Units; 

2.0610, Delegation Federal Monitoring 

Requirements; 2.0611, Monitoring 

Emissions from Other Sources; and 

2.0613, Quality Assurance Program, all 

of which have 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.1

III. Final Action 

EPA is finalizing the aforementioned 

changes and additions to the 

Mecklenburg LIP. Specifically, EPA is 

approving changes to MCAPCO Rules 

2.0601, Purpose and Scope; 2.0602, 

Definitions; 2.0604, Exceptions to 

Monitoring and Reporting 

Requirements; 2.0607, Large Wood and 

Wood-Fossil Fuel Combination Units; 

and 2.0610, Delegation Federal 

Monitoring Requirements. EPA is also 

approving the addition of Rules 2.0605, 

General Recordkeeping and Reporting 

Requirements; 2.0611, Monitoring 

Emissions from Other Sources; and 

2.0613, Quality Assurance Program into 

the Mecklenburg LIP. EPA is approving 

these changes because they are 

consistent with the CAA. 

IV. 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). 

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 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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 II—North Carolina 

■ 2. In § 52.1770(c)(3), the table is 

amended by removing the entries for 

‘‘Section 2.0601,’’ ‘‘Section 2.0602,’’ 

‘‘Section 2.0604,’’ ‘‘Section 2.0605,’’ 

‘‘Section 2.0607,’’ ‘‘Section 2.0610,’’ 

‘‘Section 2.0611,’’ and ‘‘Section 2.0613’’ 

and adding in their places entries for 

‘‘Rule 2.0601,’’ ‘‘Rule 2.0602,’’ ‘‘Rule 

2.0604,’’ ‘‘Rule 2.0605,’’ ‘‘Rule 2.0607,’’ 

‘‘Rule 2.0610,’’ ‘‘Rule 2.0611,’’ and 

‘‘Rule 2.0613,’’ respectively, to read as 

follows: 


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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 3677 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

(3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Article 2.0000 Air Pollution Control Regulations and Procedures 

*******

Section 2.0600 Monitoring: Recordkeeping: Reporting 

Rule 2.0601 ............................. Purpose and Scope ....................................... 12/15/2015 1/25/2022, [Insert citation of 

publication].

Rule 2.0602 ............................. Definitions ...................................................... 12/15/2015 1/25/2022, [Insert citation of 

publication].

Rule 2.0604 ............................. Exceptions to Monitoring and Reporting Requirements.12/15/2015 1/25/2022, [Insert citation of 

publication].

Rule 2.0605 ............................. General Recordkeeping and Reporting Requirements.12/15/2015 1/25/2022, [Insert citation of 

publication].

* * * * * * * 

Rule 2.0607 ............................. Large Wood and Wood-Fossil Fuel Combination Units.12/15/2015 1/25/2022, [Insert citation of 

publication].

* * * * * * * 

Rule 2.0610 ............................. Delegation Federal Monitoring Requirements 12/15/2015 1/25/2022, [Insert citation of 

publication].

Rule 2.0611 ............................. Monitoring Emissions from Other Sources .... 12/15/2015 1/25/2022, [Insert citation of 

publication].

* * * * * * * 

Rule 2.0613 ............................. Quality Assurance Program ........................... 12/15/2015 1/25/2022, [Insert citation of 

publication].

* * * * * * * 

* * * * * 

[FR Doc. 2022–01301 Filed 1–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0406; FRL–9319–02– 

R4] 

Air Plan Approval; Georgia; 2015 8- 

Hour Ozone Nonattainment New 

Source Review Permit Program 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Georgia State Implementation Plan 

(SIP) submitted by the State of Georgia 

through the Georgia Environmental 

Protection Division (GA EPD) on July 2, 

2020. EPA is approving Georgia’s 

certification that its existing 

Nonattainment New Source Review 

(NNSR) permitting regulations meet the 

nonattainment planning requirements 

for the 2015 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS) for the Atlanta Area, 

comprised of the counties of Bartow, 

Clayton, Cobb, DeKalb, Fulton, 

Gwinnett, and Henry. This action is 

being taken pursuant to the Clean Air 

Act (CAA or Act) and its implementing 

regulations. 

DATES: This rule is effective February 

24, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0406. 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: 


khammond on DSKJM1Z7X2PROD with RULES