Rule2021-26141
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
December 2, 2021
Effective
January 3, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 approving these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 86 Issue 229 (Thursday, December 2, 2021)</title>
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[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Rules and Regulations]
[Pages 68411-68413]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26141]
[[Page 68411]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0354; FRL-8958-02-R4]
Air Plan Approval; North Carolina; Mecklenburg Air Quality Permit
Rules Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving these changes pursuant to the Clean Air
Act (CAA or Act).
DATES: This rule is effective January 3, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0354. 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 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 <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: 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#721316131f015c1704131c321702135c151d04"><span class="__cf_email__" data-cfemail="c1a0a5a0acb2efa4b7a0af81a4b1a0efa6aeb7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
In a notice of proposed rulemaking (NPRM) published on September
17, 2021 (86 FR 51848), 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 SIP-approved North Carolina
regulations.\1\ 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--Permitting of Numerous Similar Facilities;
1.5222--Permitting of Facilities at Multiple Temporary Sites; and
1.5232--Issuance, Revocation, and Enforcement of Permits.\2\
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.\3\ 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.
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\1\ EPA notes that the April 24, 2020, submittal was received by
EPA on June 19, 2020.
\2\ 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.
\3\ 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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The September 17, 2021, NPRM provides detail regarding the
background and rationale for EPA's action. Comments were due on or
before October 18, 2021, and EPA received three comment submittals. Two
submittals are from one individual (hereinafter the ``Commenter''), are
similar in nature, and are addressed below. The third submittal simply
thanked EPA. These comments are available in the docket for this
action.
Comment: The Commenter is disappointed that the majority of the
MCAPCO rules have not been updated by EPA, NCDAQ, or MCAQ since 2003
and notes that recent discoveries have been made regarding the
detrimental effects of air pollution in urban areas such as Mecklenburg
County. The Commenter is pleased that changes are being made to the
MCAPCO rules and states that continuously reviewing and updating air
pollution regulations in Mecklenburg County is vital to the public
health and wellbeing of local residents.
Response: EPA does not have the authority to modify Mecklenburg
County's air quality rules. However, the County has updated a number of
its MCAPCO rules since 2003 and submitted many of these updates to EPA
for incorporation into the LIP through the State's April 24, 2020 SIP
revision. In this rulemaking, EPA is acting solely to incorporate the
rules identified earlier in this section and discussed in the NPRM. The
Agency will address the remainder of the rules contained in the SIP
revision in separate actions.
The CAA establishes a system of cooperative federalism that sets
specific roles for EPA and the states. In this system, EPA provides
national leadership and sets national standards for environmental
protection such as the National Ambient Air Quality Standards
(NAAQS).\4\ Pursuant to CAA sections 108 and 109, EPA must thoroughly
review each NAAQS every five years to account for the latest scientific
knowledge regarding the effects of the air pollutant on public health
and welfare.\5\ EPA solicits public comment as part of each five-year
review and invites the Commenter to share recent scientific discoveries
regarding air pollution during those comment periods.
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\4\ See <a href="https://www.epa.gov/criteria-air-pollutants/naaqs-table">https://www.epa.gov/criteria-air-pollutants/naaqs-table</a>
for information regarding the current NAAQS.
\5\ See <a href="https://www.epa.gov/criteria-air-pollutants/process-reviewing-national-ambient-air-quality-standards">https://www.epa.gov/criteria-air-pollutants/process-reviewing-national-ambient-air-quality-standards</a> for information
regarding EPA's five-year NAAQS review process.
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While EPA sets the NAAQS, states play a primary role in
implementation. Under CAA section 110, states have broad discretion to
choose the mix of emission limitations and other control measures,
means, or techniques that they will implement (or update) through
[[Page 68412]]
a SIP to provide for attainment and maintenance of the NAAQS. EPA's
role, with respect to a SIP revision, is focused on reviewing the
submission to determine whether it meets the minimum criteria of the
CAA. Where it does, EPA must approve the submission. When approving a
SIP revision, the Agency is not establishing its own requirements for
the state to implement. If, at any time, EPA finds that a SIP is
inadequate to attain or maintain the relevant NAAQS or otherwise does
not comply with the CAA, EPA has the authority under CAA section
110(k)(5) to require the state to revise its SIP to correct such
inadequacies.
EPA agrees that air pollution is detrimental to human health and
welfare and appreciates the Commenter's support for this action.
II. Incorporation by Reference
In this document, 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 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). 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.\6\
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\6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing approval of changes to LIP-approved MCAPCO Rules
1.5212--Applications; 1.5213--Action on Application; Issuance of
Permit; 1.5214--Commencement of Operation; 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 taking final action
to approve these changes to the LIP 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:
<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 January 31, 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,
[[Page 68413]]
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 26, 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
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(c)(3), the table is amended by removing the entries
for ``Section 1.5212,'' ``Section 1.5213,'' ``Section 1.5214,''
``Section 1.5215,'' ``Section 1.5217,'' ``Section 1.5218,'' ``Section
1.5219,'' ``Section 1.5220,'' ``Section 1.5221,'' ``Section 1.5222,''
and ``Section 1.5232'' and adding in their place entries for ``Rule
1.5212,'' ``Rule 1.5213,'' ``Rule 1.5214,'' ``Rule 1.5215,'' ``Rule
1.5217,'' ``Rule 1.5218,'' ``Rule 1.5219,'' ``Rule 1.5220,'' ``Rule
1.5221,'' ``Rule 1.5222,'' and ``Rule 1.5232'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(3) EPA Approved Mecklenburg County Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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Article 1.0000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain
Sources, Title V and Toxic Air Pollutants
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Section 1.5200 Air Quality Permits
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* * * * * * *
Rule 1.5212.................. Applications............ 12/18/2018 12/2/2021, [Insert ..............
citation of
publication].
Rule 1.5213.................. Action on Application; 12/18/2018 12/2/2021, [Insert ..............
Issuance of Permit. citation of
publication].
Rule 1.5214.................. Commencement of 12/15/2015 12/2/2021, [Insert ..............
Operation. citation of
publication].
Rule 1.5215.................. Application Processing 12/18/2018 12/2/2021, [Insert ..............
Schedule. citation of
publication].
Rule 1.5217.................. Confidential Information 12/18/2018 12/2/2021, [Insert ..............
citation of
publication].
Rule 1.5218.................. Compliance Schedule for 12/18/2018 12/2/2021, [Insert ..............
Previously Exempted citation of
Activities. publication].
Rule 1.5219.................. Retention of Permit at 12/18/2018 12/2/2021, [Insert ..............
Permitted Facility. citation of
publication].
Rule 1.5220.................. Applicability 12/18/2018 12/2/2021, [Insert ..............
Determination. citation of
publication].
Rule 1.5221.................. Permitting of Numerous 12/18/2018 12/2/2021, [Insert ..............
Similar Facilities. citation of
publication].
Rule 1.5222.................. Permitting of Facilities 12/18/2018 12/2/2021, [Insert ..............
at Multiple Temporary citation of
Sites. publication].
* * * * * * *
Rule 1.5232.................. Issuance, Revocation, 12/18/2018 12/2/2021, [Insert ..............
and Enforcement of citation of
Permits. publication].
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[FR Doc. 2021-26141 Filed 12-1-21; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.