Rule2021-18248
Air Plan Approval; North Carolina; Monitoring: Recordkeeping: Reporting
Primary source
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Published
August 25, 2021
Effective
September 24, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving changes to the North Carolina State Implementation Plan (SIP) submitted through the North Carolina Division of Air Quality (NCDAQ) on October 9, 2020. The SIP revision seeks to modify the State's monitoring, recordkeeping, and reporting regulations by adding one definition, adding references to approved testing methods, updating the reference format, and making minor changes to general formatting and language use for clarity purposes. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 86 Issue 162 (Wednesday, August 25, 2021)</title>
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[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Rules and Regulations]
[Pages 47393-47395]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18248]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0716; FRL-8859-02-R4]
Air Plan Approval; North Carolina; Monitoring: Recordkeeping:
Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to the North Carolina State Implementation Plan (SIP) submitted through
the North Carolina Division of Air Quality (NCDAQ) on October 9, 2020.
The SIP revision seeks to modify the State's monitoring, recordkeeping,
and reporting regulations by adding one definition, adding references
to approved testing methods, updating the reference format, and making
minor changes to general formatting and language use for clarity
purposes. EPA is approving these changes pursuant to the Clean Air Act
(CAA or Act).
DATES: This rule is effective September 24, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0716. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information is not 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#d8b4b9aab7bbbbb9f6abb9aab9b098bda8b9f6bfb7ae"><span class="__cf_email__" data-cfemail="9ff3feedf0fcfcfeb1ecfeedfef7dffaeffeb1f8f0e9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving changes to the following SIP-approved regulations
under 15A North Carolina Administrative Code Subchapter 02D,\1\ Section
.0600, Monitoring: Recordkeeping: Reporting: \2\ Rule .0601, Purpose
and Scope; Rule .0602, Definitions; Rule .0604, Exceptions to
Monitoring and Reporting Requirements; Rule .0605, General
Recordkeeping and Reporting Requirements; and Rule .0606, Sources
Covered by Appendix P of 40 CFR part 51,\3\ of the North Carolina SIP,
submitted on October 9, 2020.
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\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.''
\2\ Section .0600 is titled ``Air Contaminants; Monitoring;
Reporting'' in the CFR table. This is being amended in this notice
to read ``Monitoring: Recordkeeping: Reporting''.
\3\ The State submitted the SIP revisions following the
readoption of several air regulations, including .0601, .0602,
.0604, .0605, and .0606, pursuant to North Carolina's 10-year
regulatory readoption process at North Carolina General Statute
150B-21.3A.
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II. EPA's Analysis of North Carolina's Submittal
The changes that are the subject of this rulemaking revise
monitoring, recordkeeping, and reporting regulations under Subchapter
02D of the North Carolina SIP. Specifically, they revise the SIP by
changing a heading, adding one definition, adding references to
approved testing methods, updating the reference format, and making
minor changes to general formatting and language use for clarity
purposes. EPA finds that the changes do not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other applicable CAA requirement.
In a notice of proposed rulemaking (NPRM) published on May 20, 2021
(86 FR 27349), EPA proposed to approve North Carolina's SIP submission
provided on October 9, 2020. The May 20, 2021, NPRM provides additional
detail regarding the background and rationale for EPA's action.
Comments on the May 20, 2021, NPRM were due on or before June 21, 2021.
EPA received no comments on the May 20, 2021 NPRM.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the following
rules in 15A NCAC Subchapter 02D, Section .0600, Monitoring:
Recordkeeping: Reporting, with a state-effective date of November 1,
2019: Rule .0601, Purpose and Scope; Rule .0602, Definitions; Rule
.0604, Exceptions to Monitoring and Reporting Requirements; Rule .0605,
General Recordkeeping and Reporting Requirements; and Rule .0606,
Sources Covered by Appendix P of 40 CFR part 51. The changes revise a
heading, add one definition, add references to approved testing
methods, update the reference format, and make minor changes to general
formatting and language to provide clarity to the monitoring,
recordkeeping, and reporting requirements. EPA has made, and will
continue to make, these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> 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
[[Page 47394]]
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 approving North Carolina's October 9, 2020, SIP revisions,
which contain changes to the following regulations under 15A NCAC
Subchapter 02D: Section .0600, Monitoring: Recordkeeping: Reporting:
Rule .0601, Purpose and Scope; Rule .0602, Definitions; Rule .0604,
Exceptions to Monitoring and Reporting Requirements; Rule .0605,
General Recordkeeping and Reporting Requirements; and Rule .0606,
Sources Covered by Appendix P of 40 CFR Part 51. The changes 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 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:
<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 October 25, 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 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: August 19, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
Accordingly, 40 CFR part 52 is amended as follows:
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 amend paragraph (c)(1) by revising the heading for
``Section .0600'' and the entries for ``Section .0601'', ``Section
.0602''; and ``Section .0604''; ``Section .0605''; and ``Section
.0606'' to read as follows:
Sec. 52.1770 Identification of plan.
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(c) * * *
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[[Page 47395]]
(1) EPA Approved North Carolina Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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Section .0600 Monitoring: Recordkeeping: Reporting
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Section .0601.............. Purpose and Scope...... 11/1/2019 8/25/2021, [Insert
citation of
publication].
Section .0602.............. Definitions............ 11/1/2019 8/25/2021, [Insert
citation of
publication].
Section .0604.............. Exceptions to 11/1/2019 8/25/2021, [Insert
Monitoring and citation of
Reporting Requirements. publication].
Section .0605.............. General Recordkeeping 11/1/2019 8/25/2021, [Insert
and Reporting citation of
Requirements. publication].
Section .0606.............. Sources Covered by 11/1/2019 8/25/2021, [Insert
Appendix P of 40 CFR citation of
Part 51. publication].
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[FR Doc. 2021-18248 Filed 8-24-21; 8:45 am]
BILLING CODE 6560-50-P
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