Proposed Rule2021-20005
Air Plan Approval; North Carolina; Mecklenburg Air Quality Permit Rules Revisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 17, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing 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 and adds several rules. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 86 Issue 178 (Friday, September 17, 2021)</title>
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[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Proposed Rules]
[Pages 51848-51851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20005]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0354; FRL-8958-01-R4]
Air Plan Approval; North Carolina; Mecklenburg Air Quality Permit
Rules Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing 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 and adds several rules. EPA is proposing to approve these changes
pursuant to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before October 18, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0354 at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">www2.epa.gov/dockets/commenting-epa-dockets</a>.
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
<a href="/cdn-cgi/l/email-protection#d1b0b5b0bca2ffb4a7b0bf91b4a1b0ffb6bea7"><span class="__cf_email__" data-cfemail="c8a9aca9a5bbe6adbea9a688adb8a9e6afa7be">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
The Mecklenburg County LIP was submitted to EPA on June 14, 1990,
and EPA approved the plan on May 2, 1991. See 56 FR 20140. Mecklenburg
County is now requesting that EPA approve updates and additions to the
LIP for, among other things, general consistency with the North
Carolina SIP.\1\ Mecklenburg County prepared three submittals in order
to modify the LIP and reflect regulatory and administrative changes
that NCDAQ has made to the North Carolina SIP.\2\ 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.\3\
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\1\ Hereinafter, the terms ``North Carolina SIP'' and ``SIP''
refer to the North Carolina regulatory portion of the North Carolina
SIP (i.e., the portion that contains SIP-approved North Carolina
regulations).
\2\ 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.
\3\ EPA notes that the April 24, 2020, submittal was received by
EPA on June 19, 2020.
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II. What action is EPA proposing to take?
The April 24, 2020, revision includes updates to and additions of
several MCAPCO rules. The January 21, 2016, changes from MCAQ include
updates to MCAPCO Rule 1.5214--Commencement of Operation; and the
January 14, 2019, changes from MCAQ include updates to MCAPCO Rules
1.5212--Applications; 1.5213--Action on Application; Issuance of
Permit; 1.5215--Application Processing Schedule; 1.5219--Retention of
Permit at Permitted Facility; 1.5221--
[[Page 51849]]
Permitting of Numerous Similar Facilities; 1.5222--Permitting of
Facilities at Multiple Temporary Sites; and 1.5232--Issuance,
Revocation, and Enforcement of Permits.\4\ Additionally, the January
14, 2019, portion of the revision requests approval of MCAPCO Rules
1.5217--Confidential Information; 1.5218--Compliance Schedule for
Previously Exempted Activities; and 1.5220--Applicability
Determinations.\5\ The remainder of this section discusses all of the
aforementioned rules and any proposed changes.
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\4\ The April 24, 2020 revision 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.
\5\ MCAPCO Rules 1.5217--Confidential Information; 1.5218--
Compliance Schedule for Previously Exempted Activities; and 1.5220--
Applicability Determinations were erroneously included in the table
at 40 CFR 52.1770(c).
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A. Rule 1.5212, ``Applications''
The April 24, 2020, revision modifies Rule 1.5212, Applications,
under Article 1.0000, Permitting Provisions for Air Pollution Sources,
Rules and Operating Regulations for Acid Rain Sources, Title V and
Toxic Air Pollutants, by correcting grammatical errors and updating
references. MCAQ also added language concerning procedures for
submitting determination letters to the Director and language
concerning the submittal of confidential information. This rule
outlines the procedures that permit applicants should follow to
complete a permit application for MCAQ. EPA last approved changes to
the LIP-approved version of the rule on June 30, 2003. See 68 FR 38631.
The current changes to Rule 1.5212 remove redundant language and
reference Rule 1.5102, Definitions, in order to streamline the rule and
better outline the official responsible for reviewing the permit
applications. The North Carolina SIP has an analog rule at 15A NCAC 02Q
.0304, Applications, which EPA most recently revised on March 1, 2021.
See 86 FR 11875. EPA is proposing to approve the updates to Rule 1.5212
because the changes improve clarity of the rule, better define the
individual or individuals responsible for reviewing permit
applications, and better align the LIP with the SIP.
B. Rule 1.5213, ``Action on Application; Issuance of Permit''
The April 24, 2020, revision modifies Rule 1.5213, Action on
Application; Issuance of Permit, by correcting grammatical errors and
updating references. This rule outlines, among other things, the
schedule, public participation requirements, and steps that must be
completed for a facility to be issued a permit. EPA last approved
changes to the LIP-approved version of the rule on June 30, 2003. See
68 FR 38631. The North Carolina SIP has an analog rule at 15A NCAC 02Q
.0308, Final Action on Permit Applications, which EPA most recently
revised on March 1, 2021. See 86 FR 11875. EPA is proposing to approve
the updates to Rule 1.5213 because the changes improve the clarity of
the rule and better align the LIP with the SIP.
C. Rule 1.5214, ``Commencement of Operation''
The April 24, 2020, revision modifies Rule 1.5214, Commencement of
Operation, by updating the list of permitting rules triggering an
inspection within 90 days after MCAQ receives a notification of
completion. EPA last approved changes to the LIP-approved version of
the rule on June 30, 2003. See 68 FR 38631. Rule 1.5214 outlines, among
other things, the requirements for a permittee to notify MCAQ of the
completion of construction, alteration, or installation and its intent
to commence operation and identifies the sources subject to inspection
within 90 days after providing such notice. The change updates the
reference to MCAQ's rule on National Emissions Standards for Hazardous
Air Pollutants from Rule 2.0525 to Rule 2.1110.\6\ EPA is proposing to
approve the update to Rule 1.5214 because the change corrects an
erroneous cross-reference.
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\6\ Although not shown by underlined text as a change in the
January 21, 2016, submittal, this correction is the only change made
to the LIP-approved version of Rule 1.5214.
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D. Rule 1.5215, ``Application Processing Schedule''
The April 24, 2020, revision modifies Rule 1.5215, Application
Processing Schedule, by making minor regulatory updates and grammatical
corrections. This rule outlines a schedule that MCAQ must follow for
processing applications for permits, permit modifications, and permit
renewals. EPA last approved changes to the LIP-approved version of the
rule on June 30, 2003. See 68 FR 38631. The regulatory revision states
the Director shall cease processing of an application if it contains
insufficient information to complete a review. Previously, the Rule
stated that the Director may return the application if incomplete. The
North Carolina SIP has an analog rule at 15A NCAC 02Q .0312,
Application Processing Schedule, which EPA most recently revised on
March 1, 2021. See 86 FR 11875. EPA is proposing to approve the updates
to Rule 1.5214 because the changes are minor in nature and better align
the LIP with the SIP.
E. Rule 1.5217, ``Confidential Information''
The April 24, 2020, revision includes Rule 1.5217, Confidential
Information, regarding the submittal, evaluation, and handling of
confidential information. The North Carolina SIP has an analog rule at
15A NCAC 02Q .0107, Confidential Information, which EPA most recently
revised on July 17, 2020. See 85 FR 43461. EPA is proposing to
incorporate Rule 1.5217 into the LIP to better align the LIP with the
SIP.
F. Rule 1.5218, ``Compliance Schedule for Previously Exempted
Activities''
The April 24, 2020, revision includes Rule 1.5218, Compliance
Schedule for Previously Exempted Activities, which contains the
schedule for permit application or revision for sources that were
exempt from permitting but are now required to be permitted because of
a change in permit exemptions or because the source became subject to
40 CFR part 63. The North Carolina SIP has an analog rule at 15A NCAC
02Q .0109, Compliance Schedule for Previously Exempted Activities,
which EPA most recently revised on July 17, 2020. See 85 FR 43461. EPA
is proposing to approve incorporate Rule 1.5218 into the LIP to add
certainty regarding the permitting schedule for certain facilities and
better align the LIP with the SIP.
G. Rule 1.5219, ``Retention of Permit at Permitted Facility''
The April 24, 2020, revision modifies Rule 1.5219, Retention of
Permit at Permitted Facility, by making minor grammatical corrections.
EPA incorporated this rule into the LIP on July 28, 1995, and it
requires permitted facilities to retain copies of all active permits at
the facility identified in the permit. See 60 FR 38715. The North
Carolina SIP has an analog rule at 15A NCAC 02Q .0110, Retention of
Permit at Permitted Facility, which EPA most recently revised on July
17, 2020. See 85 FR 43461. EPA is proposing to approve the updates to
Rule 1.5219 because they are minor grammatical corrections and better
align the LIP with the SIP.
H. Rule 1.5220, ``Applicability Determinations''
The April 24, 2020, revision includes Rule 1.5220, Applicability
Determinations, which states that any person can write the Director
requesting a determination as to whether a source that the person owns
or operates or proposes to own or operate is subject to
[[Page 51850]]
Article 1.0000 permitting requirements. The North Carolina SIP has an
analog rule at 15A NCAC 02Q .0111, Applicability Determinations, which
EPA most recently revised on July 17, 2020. See 85 FR 43461. EPA is
proposing to incorporate Rule 1.5218 into the LIP to better align the
LIP with the SIP.
I. Rule 1.5221, ``Permitting of Numerous Similar Facilities''
The April 24, 2020, revision modifies Rule 1.5221, Permitting of
Numerous Similar Facilities, by making grammatical corrections. EPA
incorporated this rule into the LIP on July 28, 1995, and it states
that the Director shall not issue a single permit for multiple
facilities unless there is no difference between the facilities that
would require special permit conditions for any individual facility and
no unique analysis is required for any facility covered by the permit.
See 60 FR 38715. The North Carolina SIP has an analog rule at 15A NCAC
02Q .0310, Permitting of Numerous Similar Facilities, which EPA most
recently revised on March 1, 2021. See 86 FR 11875. EPA is proposing to
approve the updates to Rule 1.5221 because they are minor grammatical
corrections and better align the LIP with the SIP.
J. Rule 1.5222, ``Permitting of Facilities at Multiple Temporary
Sites''
The April 24, 2020, revision modifies Rule 1.5222, Permitting of
Facilities at Multiple Temporary Sites, by making minor grammatical
corrections. EPA initially incorporated this rule into the LIP on July
28, 1995, which governs the permitting of a facility or source at
multiple temporary operating sites. See 60 FR 38715. The North Carolina
SIP has an analog rule at 15A NCAC 02Q .0311, Permitting of Facilities
at Multiple Temporary Sites, which EPA most recently revised on March
1, 2021. See 86 FR 11875. EPA is proposing to approve the updates to
Rule 1.5222 because the changes are minor grammatical corrections and
better align the LIP with the SIP.
K. Rule 1.5232, ``Issuance, Revocation, and Enforcement of Permits''
The April 24, 2020, revision modifies Rule 1.5232, Issuance,
Revocation, and Enforcement of Permits, by making minor grammatical
corrections. Among other things, this rule identifies criteria for
revoking or modifying a permit issued under Section 1.5200--Air Quality
Permits or Section 1.5600--Transportation Facility Procedures and
enforcement provisions for the failure to apply for and obtain a permit
under Section 1.5200 and for violations of a Section 1.5200 permit. EPA
last approved changes to Rule 1.5232 on June 30, 2003. See 68 FR 38631.
EPA is proposing to approve the updates to Rule 1.5215 because the
changes are minor grammatical corrections.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporated by
reference MCAPCO Rule 1.5214--Commencement of Operation, which has an
effective date of December 15, 2015; and Rules 1.5212--Applications;
1.5213--Action on Application; Issuance of Permit; 1.5215--Application
Processing Schedule; 1.5217--Confidential Information; 1.5218--
Compliance Schedule for Previously Exempted Activities; 1.5219--
Retention of Permit at Permitted Facility; 1.5220--Applicability
Determinations; 1.5221--Permitting of Numerous Similar Facilities;
1.5222--Permitting of Facilities at Multiple Temporary Sites; and
1.5232--Issuance, Revocation, and Enforcement of Permits, all of which
have an effective date of December 18, 2018, into the Mecklenburg
County portion of the North Carolina SIP. 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).
V. Proposed Action
EPA is proposing to approve the aforementioned changes to the
Mecklenburg LIP. Specifically, EPA is proposing to approve updates to
MCAPCO Rules 1.5212--Applications; 1.5213--Action on Application;
Issuance of Permit; 1.5215--Application Processing Schedule; 1.5219--
Retention of Permit at Permitted Facility; 1.5221--Permitting of
Numerous Similar Facilities; 1.5222--Permitting of Facilities at
Multiple Temporary Sites; and 1.5232--Issuance, Revocation, and
Enforcement of Permits. Additionally, EPA is proposing to approve
MCAPCO Rules 1.5217--Confidential Information; 1.5218--Compliance
Schedule for Previously Exempted Activities; and 1.5220--Applicability
Determinations into the LIP. EPA is proposing to approve these changes
because they are consistent with the CAA.
VI. 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 proposed action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed 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,
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2000), nor will it impose substantial direct costs on tribal
governments or preempt tribal law.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 9, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-20005 Filed 9-16-21; 8:45 am]
BILLING CODE 6560-50-P
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