53552 Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: September 15, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends title 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. 

■ 2. In § 52.1170, the table in paragraph 

(e) is amended by adding an entry for 

‘‘Section 110(a)(2) infrastructure 

requirements for the 2015 ozone 

NAAQS’’ immediately following the 

entry for ‘‘Section 110(a)(2) 

Infrastructure Requirements for the 2012 

particulate matter (PM2.5) NAAQS’’ to 

read as follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Name of 

nonregulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA 

approval 

date 

Comments 

*******

Infrastructure 

*******

Section 110(a)(2) infrastructure requirements for the 2015 ozone 

NAAQS.

Statewide .......... 3/8/2019 9/28/2021, [INSERT Federal Register CITATION].Approved CAA elements: 

110(a)(2)(A), (B), (C), (D)(i)(II) 

Prong 3, D(ii), (F), (G), (H), (J), 

(K), (L), and (M). Disapproved 

CAA element 110(a)(2)(D)(i)(II) 

Prong 4. No action on CAA element 110(a)(2)(D)(i)(I). 

* * * * * * * 

* * * * * 

[FR Doc. 2021–20794 Filed 9–27–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0726; FRL–8939–02– 

R4] 

Air Plan Approval; North Carolina; 

Mecklenburg Miscellaneous Rules 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve 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 

incorporated into the LIP. EPA is 

finalizing these changes pursuant to the 

Clean Air Act (CAA or Act). 

DATES: This rule is effective October 28, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0726. 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 

In a notice of proposed rulemaking 

(NPRM) published on July 2, 2021 (86 

FR 35244), EPA proposed to approve 

changes to several rules in the 

Mecklenburg County LIP. The April 24, 

2020, submittal includes changes and 

updates to the following rules to more 

closely align them with their analog SIPVerDate Sep<11>2014 15:51 Sep 27, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\28SER1.SGM 28SER1
Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations 53553 

1EPA notes that the April 24, 2020, submittal was 

received by EPA on June 19, 2020. 

2The 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. 3See 62 FR 27968 (May 22, 1997). 

approved North Carolina regulations.1

The submission includes changes and 

updates to MCAPCO Rules 2.0101, 

Definitions; 2.0201, Classification of Air 

Pollution Sources; 2.0202, Registration 

of Air Pollution Sources; 2.0302, 

Episode Criteria; 2.0303, Emission 

Reduction Plans; and 2.0304, 

Preplanned Abatement Program.2

The submittal also asks EPA to 

reincorporate the following rules into 

the LIP with a new effective date: 

MCAPCO Rules 1.5301, Special 

Enforcement Procedures; 1.5302, 

Criminal Penalties; 1.5303, Civil 

Injunction; 1.5304, Civil Penalties; 

1.5306, Hearings; 1.5307, Judicial 

Review; 2.0301, Purpose; and 2.0305, 

Emission Reduction Plant: Alert Level. 

The text of these rules has not changed. 

The July 2, 2021, NPRM provides 

additional detail regarding the 

background and rationale for EPA’s 

action. Comments were due on or before 

August 2, 2021. EPA only received one 

comment, and it was in favor of this 

action. This comment will be posted in 

the docket for this action for public 

review. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

approval of regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is approving MCAPCO Rules 

1.5301—Special Enforcement 

Procedures; 1.5302—Criminal Penalties; 

1.5303—Civil Injunction; 1.5304—Civil 

Penalties; 1.5306—Hearings; 1.5307— 

Judicial Review; 2.0301—Purpose; and 

2.0305—Emission Reduction Plan: Alert 

Level, all of which have an effective date 

of December 15, 2015; as well as 

MCAPCO Rules 2.0101—Definitions; 

2.0201—Classification of Air Pollution 

Sources; 2.0202—Registration of Air 

Pollution Sources; 2.0302—Episode 

Criteria; 2.0303—Emission Reduction 

Plans; and 2.0304—Preplanned 

Abatement Program, all of which have 

an effective date of December 18, 2018, 

into the Mecklenburg County portion of 

the North Carolina SIP to update the 

rules to more closely align them with 

their analog North Carolina rules in the 

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.3

III. Final Action 

EPA is taking final action to approve 

the aforementioned changes to the 

Mecklenburg LIP. Specifically, EPA is 

finalizing approval of revisions to 

MCAPCO Rules 1.5301—Special 

Enforcement Procedures; 1.5302— 

Criminal Penalties; 1.5303—Civil 

Injunction, 1.5304—Civil Penalties; 

1.5306—Hearings; 1.5307—Judicial 

Review; 2.0101—Definitions; 2.0201— 

Classification of Air Pollution Sources; 

2.0202—Registration of Air Pollution 

Sources; 2.0301—Purpose; 2.0302— 

Episode Criteria; 2.0303—Emission 

Reduction Plans; 2.0304—Preplanned 

Abatement Program; and 2.0305— 

Emission Reduction Plan: Alert Level. 

EPA is taking final action to approve 

these revisions 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 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 November 29, 2021. 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 

53554 Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations 

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: September 9, 2021. 

John Blevins, 

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 

■ 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 amend the table in 

paragraph (c)(3) by: 

■ a. Revising the title of ‘‘Article 1.000 

Permitting Provisions for Air Pollution 

Sources, Rules and Operating 

Regulations for Acid Rain Sources, Title 

V and Toxic Air Pollutants’’; 

■ b. Under Section 1.5300 Enforcement; 

Variances; Judicial Review by revising 

the entries for ‘‘Section 1.5301,’’ 

‘‘Section 1.5302,’’ ‘‘Section 1.5303,’’ 

‘‘Section 1.5304,’’ ‘‘Section 1.5306,’’ and 

‘‘Section 1.5307’’; 

■ c. Under ‘‘Section 2.0100 Definitions 

and References’’ by revising the entry 

for ‘‘Section 2.0101’’; 

■ d. Under ‘‘Section 2.0200 Air 

Pollution Source’’ by revising the 

entries for ‘‘Section 2.0201’’ and 

‘‘Section 2.0202,’’; and 

■ e. Under ‘‘Section 2.0300 Air 

Pollution Emergencies’’ by revising the 

entries for ‘‘Section 2.0301,’’ ‘‘Section 

2.0302,’’ ‘‘Section 2.0303,’’ ‘‘Section 

2.0304,’’ and ‘‘Section 2.0305’’ . 

The revisions 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 1.5300 Enforcement; Variances; Judicial Review 

Rule 1.5301 ....... Special Enforcement Procedures ... 12/15/2015 9/28/2021, [Insert citation of publication].

Rule 1.5302 ....... Criminal Penalties .......................... 12/15/2015 9/28/2021, [Insert citation of publication].

Rule 1.5303 ....... Civil Injunction ................................ 12/15/2015 9/28/2021, [Insert citation of publication].

Rule 1.5304 ....... Civil Penalties ................................. 12/15/2015 9/28/2021, [Insert citation of publication].

* * * * * * * 

Rule 1.5306 ....... Hearings ......................................... 12/15/2015 9/28/2021, [Insert citation of publication].

Rule 1.5307 ....... Judicial Review ............................... 12/15/2015 9/28/2021, [Insert citation of publication].

* * * * * * * 

Section 2.0100 Definitions and References 

Rule 2.0101 ....... Definitions ....................................... 12/18/2018 9/28/2021, [Insert citation of publication].

* * * * * * * 

Section 2.0200 Air Pollution Sources 

Rule 2.0201 ....... Classification of Air Pollution 

Sources.

12/18/2018 9/28/2021, [Insert citation of publication].

Rule 2.0202 ....... Registration of Air Pollution 

Sources.

12/18/2018 9/28/2021, [Insert citation of publication].

Section 2.0300 Air Pollution Emergencies 

Rule 2.0301 ....... Purpose .......................................... 12/15/2015 9/28/2021, [Insert citation of publication].

Rule 2.0302 ....... Episode Criteria .............................. 12/18/2018 9/28/2021, [Insert citation of publication].

Rule 2.0303 ....... Emission Reduction Plans ............. 12/18/2018 9/28/2021, [Insert citation of publication].

Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations 53555 

1On February 25, 2019 (effective April 17, 2019), 

EPA issued a decision to retain the existing NAAQS 

for SO2. See 84 FR 9866 (March 18, 2019). 

2See Sierra Club et al. v. McCarthy, Civil Action 

No. 3:13–cv–3953–SI (N.D. Cal.) and 79 FR 31325 

(June 2, 2014). 

3EPA’s March 20, 2015, guidance specified the 

designation category definitions to be used in the 

Round 2 designations. Specifically, EPA defined a 

‘‘nonattainment’’ area as an area that EPA has 

determined violates the 2010 1-hour SO2 NAAQS 

based on the most recent three years of qualityassured, certified ambient air quality monitoring 

data or an appropriate modeling analysis, or that 

EPA has determined contributes to a violation in a 

nearby area; and defined an ‘‘attainment’’ area as an 

area that EPA has determined meets the 2010 1- 

hour SO2 NAAQS and does not contribute to a 

violation of the NAAQS in a nearby area based on 

either: (a) The most recent three years of ambient 

air quality monitoring data from a monitoring 

network in an area that is sufficient to be compared 

to the NAAQS, or (b) an appropriate modeling 

analysis. 

4See 81 FR 45039 (July 12, 2016), effective 

September 12, 2016) codified at 40 CFR 81.334. 

Detailed rationale, analyses, and other information 

supporting EPA’s original Round 2 designation 

including all supporting materials for the 

Brunswick County Area, including the technical 

support document (TSD), can be found on EPA’s 

SO2 designations website at https://www.epa.gov/ 

sulfur-dioxide-designations/epa-completes-secondround-sulfur-dioxide-designations. 

(3) EPA-APPROVED MECKLENBURG COUNTY REGULATIONS—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

Rule 2.0304 ....... Preplanned Abatement Program .... 12/18/2018 9/28/2021, [Insert citation of publication].

Rule 2.0305 ....... Emission Reduction Plan: Alert 

Level.

12/15/2015 9/28/2021, [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2021–20008 Filed 9–27–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R04–OAR–2021–0322; FRL–8874–02– 

R4] 

Air Quality Designations; NC: 

Redesignation of the Brunswick 

County 2010 Sulfur Dioxide 

Unclassifiable Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a submission 

by the State of North Carolina, through 

the Department of Air Quality (DAQ), 

received on April 23, 2021, to 

redesignate the Brunswick County, 

North Carolina, unclassifiable area 

(hereinafter referred to as the 

‘‘Brunswick County Area’’ or ‘‘Area’’) to 

attainment/unclassifiable for the 2010 1- 

hour primary sulfur dioxide (SO2) 

national ambient air quality standard 

(hereinafter referred to as the ‘‘2010 1- 

hour SO2 NAAQS’’). Because EPA now 

has sufficient information to determine 

that the Brunswick County Area is 

attaining the 2010 1-hour SO2 NAAQS, 

the Agency is approving the State’s 

request to redesignate the Area from 

unclassifiable to attainment/ 

unclassifiable for the 2010 1-hour SO2

NAAQS. 

DATES: This rule is effective October 28, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0322. 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. 

Mr. Adams can be reached by telephone 

at (404) 562–9009 or via electronic mail 

at adams.evan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Clean Air Act (CAA or Act) 

establishes a process for air quality 

management through the establishment 

and implementation of the NAAQS. On 

June 2, 2010, EPA revised the primary 

SO2 NAAQS, establishing a new 1-hour 

SO2 standard of 75 parts per billion 

(ppb). See 75 FR 35520 (June 22, 2010).1

After the promulgation of a new or 

revised NAAQS, EPA is required to 

designate all areas of the country 

pursuant to section 107(d)(1)–(2) of the 

CAA. For the 2010 1-hour SO2 NAAQS, 

designations were based on EPA’s 

application of the nationwide analytical 

approach to, and technical assessment 

of, the weight of evidence for each area, 

including but not limited to available air 

quality monitoring data and air quality 

modeling results. 

EPA completed the first set of initial 

area designations for the 2010 1-hour 

SO2 NAAQS in 2013 (Round 1). 

Pursuant to a March 2, 2015, consent 

decree and court-ordered schedule,2

EPA finalized a second set of initial area 

designations for the 2010 1-hour SO2

NAAQS in 2016 (also called, ‘‘Round 

2’’). For the Round 2 designations, after 

review of all available information at 

that time of Round 2 designations, 

including modeling provided by the 

State, EPA was unable to determine 

whether the Brunswick County Area 

met the definition of a nonattainment 

area or the definition of an attainment 

area.3 As a result, EPA designated the 

entire Brunswick County Area, based on 

modeling of the Capital Power 

Incorporated (CPI) Southport Cape Fear 

facility, as unclassifiable, which was 

published in the Federal Register on 

July 12, 2016.4 CPI Southport, located 

on the coast of southeastern North 

Carolina in the southeastern portion of 

Brunswick County, was an electric 

power generation plant with two