Proposed Rule2021-26142
Air Plan Approval; North Carolina; Mecklenburg Monitoring, Recordkeeping, and Reporting Rule Revisions
Primary source
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Published
December 6, 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 and adds three new rules for incorporation into the LIP. These rules cover general recordkeeping, monitoring, and reporting requirements. 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 231 (Monday, December 6, 2021)</title>
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[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Proposed Rules]
[Pages 68957-68960]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26142]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0473; FRL- 8981-01-R4]
Air Plan Approval; North Carolina; Mecklenburg Monitoring,
Recordkeeping, and Reporting Rule 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 and adds three new rules
for incorporation into the LIP. These rules cover general
recordkeeping, monitoring, and reporting requirements. EPA is proposing
to approve these changes pursuant to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before January 5, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0473 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#0a6b6e6b6779246f7c6b644a6f7a6b246d657c"><span class="__cf_email__" data-cfemail="59383d38342a773c2f3837193c2938773e362f">[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 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 as follows: NCDAQ transmitted the
October 25, 2017, submittal to EPA but later 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 to EPA in a submittal dated April 24, 2020.\2\
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\1\ 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.
\2\ 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, submittal updates several MCAPCO rules
incorporated into the LIP and adds several rules to more closely align
the LIP with the SIP. The January 21, 2016, portion of this submission
includes reorganization and updates to rules contained in MCAPCO
Section 2.0600, including 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.\3\
Additionally, the submittal seeks to add MCAPCO Rules 2.0605, General
Recordkeeping and Reporting Requirements; 2.0611, Monitoring Emissions
from Other Sources; and 2.0613, Quality Assurance Program to the LIP.
EPA is proposing to approve the updates and new rules because they
improve alignment of the LIP and the SIP and will not interfere with
any applicable CAA requirements. The remainder of this section
discusses the proposed changes to the LIP.
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\3\ The 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.
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A. Rule 2.0601, ``Purpose and Scope''
The April 24, 2020, submittal includes updates to Rule 2.0601,
Purpose and Scope. This rule outlines the purpose of this section and
[[Page 68958]]
references several other specific rules that may also include
monitoring, recordkeeping, and reporting requirements for specific
facilities and operations. The proposed changes to the LIP-approved
version of this rule include the addition of references to Rules
2.1110, National Emissions Standards for Hazardous Air Pollutants, and
2.1111, Maximum Achievable Control Technology. The revisions also
removed a reference to Rule 2.0525, National Emission Standards for
Hazardous Air Pollutants, which was moved to Rule 2.1110 listed above.
The changes more closely align the rule with the corresponding SIP-
approved state rule at 15A NCAC 02D .0601, Purpose and Scope. EPA most
recently approved updates to 15A NCAC 02D .0601 into the SIP on August
25, 2021. See 86 FR 47393. EPA is proposing to approve the updates to
Rule 2.0601 because they better align the LIP with the SIP and will not
interfere with any applicable CAA requirements.
B. Rule 2.0602, ``Definitions''
The April 24, 2020, submittal includes updates to Rule 2.0602,
Definitions. This rule provides definitions that apply to Section
2.0600, Monitoring: Recordkeeping: Reporting. The proposed changes to
the LIP-approved rule include the addition of the following
definitions: Applicable requirement, Calendar quarters, Permit
condition, and Petroleum refinery. Additionally, the rules are re-
organized alphabetically, and the definitions of Distillate Oils and
Fuel Oils are updated. These revisions more closely align the rule with
the corresponding SIP-approved state rule at 15A NCAC 02D .0602,
Definitions. EPA most recently approved updates to 15A NCAC 02D .0602
into the SIP on August 25, 2021. See 86 FR 47393. EPA is proposing to
approve the updates to Rule 2.0602 because they better align the LIP
with the SIP and will not interfere with any applicable CAA
requirements.
C. Rule 2.0604, ``Exceptions to Monitoring and Reporting Requirements''
The April 24, 2020, submittal renumbers LIP-approved Rule 2.0607,
Exceptions to Monitoring and Reporting Requirements, as Rule 2.0604 and
updates the text of the rule as described below.\4\ This rule outlines
a limited exception to monitoring if monitoring equipment malfunctions,
provides an exemption to monitoring during short-term operation, and
provides a general exception if a source is exempted from needing a
permit by MCAPCO Rule 1.5211--Applicability. The proposed amendments
update the requirements moved from Rule 2.0607 to this rule, adds
language to clarify that malfunctions resulting from inadequate or poor
operation and maintenance are not exempted and that records be
maintained to show the source operated less than 30 days in a 12-month
period, and adds language to require monitoring for sources exempted
from permitting by Rule 1.5211, Applicability, if monitoring is
required by a specific rule in another section or enforcement
settlement. These changes more closely align the rule with the
corresponding SIP-approved state rule at 15A NCAC 02D .0604, Exceptions
to Monitoring and Reporting Requirements. EPA most recently approved
updates to 15A NCAC 02D .0604 in the SIP on August 25, 2021. See 86 FR
47393. EPA is proposing to approve the updates to Rule 2.0604 because
they better align the LIP with the SIP and will not interfere with any
applicable CAA requirements.
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\4\ Additionally, the SIP revision seeks to move LIP-Approved
Rule 2.0604--Sources Covered by Implementation Requirements to Rule
2.0606. EPA is not proposing to act on that move in this notice.
Unless EPA acts on this move, LIP-Approved Rule 2.0604 (as approved
on 5/2/1991 at 56 FR 20140 with a local effective date of 06/14/
1990) will remain in the LIP alongside Rule 2.0604, Exceptions to
Monitoring and Reporting Requirements as proposed for approval in
this notice.
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D. Rule 2.0605, ``General Recordkeeping and Reporting Requirements''
The April 24, 2020, submittal renumbers LIP-approved Rule 2.0605--
Wood and Wood-Fossil Combination Units as Rule 2.0607.\5\ In its place,
a new Rule 2.0605 is added with the title ``General Recordkeeping and
Reporting Requirements.'' The new version of Rule 2.0605 outlines
general requirements for monitoring, recordkeeping and reporting that
owners and operators at specific facilities must follow. It further
describes specific criteria that would trigger the retrieval of records
by MCAQ from the subject facility. The changes more closely align the
rule with the corresponding SIP-approved state rule at 15A NCAC 02D
.0605, General Recordkeeping and Reporting Requirements. EPA most
recently approved updates to 15A NCAC 02D .0605 in the SIP on October
31, 2007. See 72 FR 61531. EPA is proposing to approve the updates to
Rule 2.0605 because they better align the LIP with the SIP and will not
interfere with any applicable CAA requirements.
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\5\ The new version of Rule 2.0607--Large Wood and Wood-Fossil
Fuel Combination Units, is discussed below.
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E. Rule 2.0607, ``Large Wood and Wood-Fossil Fuel Combination Units''
The April 24, 2020, submittal renumbers LIP-approved Rule 2.0605 as
Rule 2.0607, Large Wood and Wood-Fossil Fuel Combination Units and
updates the text of the rule as described below. This rule outlines
requirements for facilities that burn wood or wood-fossil fuel
combinations that generate steam at a specific rate. These specified
facilities may also fall under additional monitoring, recordkeeping,
and reporting requirements outlined in additional LIP regulations noted
within this rule. Mecklenburg made several revisions to the LIP-
approved rule to reorganize the rule and to update requirements for
quality assurance of monitoring data. These changes more closely align
the rule with the corresponding SIP-approved state rule at 15A NCAC 02D
.0607, Large Wood and Wood-Fossil Fuel Combination Units. EPA most
recently approved updates to 15A NCAC 02D .0607 in the SIP on August 8,
2002. See 67 FR 51461. EPA is proposing to approve the updates to Rule
2.0607 because they better align the LIP with the SIP and will not
interfere with any applicable CAA requirements.
F. Rule 2.0610, ``Delegation Federal Monitoring Requirements''
The April 24, 2020, revision modifies Rule 2.0610, Delegation
Federal Monitoring Requirements, by making updates to references. Rule
2.0610 was most recently approved by EPA on October 22, 2002 (67 FR
64999) and establishes applicability of specific monitoring
requirements for sources subject to New Source Performance Standards
(NSPS) under 40 CFR part 60, National Emission Standards for Hazardous
Air Pollutants (NESHAPs) under for 40 CFR part 61 and 63, and Acid Rain
regulations under 40 CFR part 75. The rule further specifies that
sources not subject to monitoring, recordkeeping, and reporting under
these programs shall comply with Rule 2.0611--Monitoring Emissions from
Other Sources, which is discussed below. These revisions to Rule 2.0610
more closely align the rule with the corresponding SIP-approved state
rule, 15A NCAC 02D .0610, Federal Monitoring Requirements. EPA most
recently incorporated updates to the state rule in North Carolina's SIP
on August 8, 2002. See 67 FR 51461. EPA is proposing to approve the
updates to Rule 2.0610 because they better align the LIP with the SIP
and will not
[[Page 68959]]
interfere with any applicable CAA requirements.
G. Rule 2.0611, ``Monitoring Emissions from Other Sources''
The April 24, 2020, submittal adds Rule 2.0611, Monitoring
Emissions from Other Sources. This rule is proposed for adoption into
the LIP to add certain monitoring, recordkeeping, and reporting
requirements for sources not covered by other rules. The rule includes
certain recordkeeping requirements applicable to such sources and
specifies that the Director of MCAQ may require additional monitoring
and recordkeeping for such sources. Adding this rule would more closely
align the LIP with the corresponding SIP-approved state rule at 15A
NCAC 02D .0611, Monitoring Emissions from Other Sources. EPA most
recently approved updates to 15A NCAC 02D .0611 in the SIP on August 8,
2002. See 67 FR 51461. EPA is proposing to approve Rule 2.0611 into the
LIP because the approval will strengthen the LIP's overall monitoring,
recordkeeping, and reporting requirements by ensuring that sources not
subject to monitoring, recordkeeping, and reporting requirements under
other rules are nonetheless subject to the requirements of this rule,
will better align the LIP with the SIP, and will not interfere with any
applicable CAA requirements.
H. Rule 2.0613, ``Quality Assurance Program''
The April 24, 2020, submittal adds Rule 2.0613, Quality Assurance
Program. This rule is proposed for adoption into the LIP to require
facilities that operate a monitoring device to develop a quality
assurance program (QAP). The proposed rule additionally allows the
Director to require the QAP to be submitted when certain conditions are
met, lists the components of a QAP, lists QAP requirements for gaseous
continuous emissions monitory system (CEMS), defines certification
procedures, references 40 CFR part 58 for QAP for ambient monitors,
requires QAP be available for inspection withing 30 days of monitor
certification, and requires the Director to approve QAP within 30 days.
Adding this rule would more closely align the LIP with the
corresponding SIP-approved state rule at 15A NCAC 02D .0613, Quality
Assurance Program. EPA most recently approved updates to 15A NCAC 02D
.0613 in the SIP on August 8, 2002. See 67 FR 51461. EPA is proposing
to approve Rule 2.0613 into the LIP because the approval will establish
uniform standards for quality assurance at sources required to operate
a monitoring device, will better align the LIP with the SIP, and will
not interfere with any applicable CAA requirements.
III. 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 approve 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 <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).
IV. Proposed Action
EPA is proposing to approve the aforementioned revisions and
additions to the Mecklenburg LIP. Specifically, EPA is proposing to
approve revisions 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 proposing to approve 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 proposing to approve these revisions because
they 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 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 (Public Law 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.
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.
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Authority: 42 U.S.C. 7401 et seq.
Dated: November 26, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-26142 Filed 12-3-21; 8:45 am]
BILLING CODE 6560-50-P
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