Rule2022-00029
Air Plan Approval; North Carolina: Mecklenburg General Provisions
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
January 11, 2022
Effective
February 10, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing approval of a State Implementation Plan (SIP) revision to the Mecklenburg County portion of the North Carolina SIP, hereinafter referred to as the Mecklenburg County Local Implementation Plan (LIP). The revision was submitted through the North Carolina Division 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, including updating and revising certain definitions. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 87 Issue 7 (Tuesday, January 11, 2022)</title>
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[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Rules and Regulations]
[Pages 1356-1358]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00029]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0705; FRL-9235-02-R4]
Air Plan Approval; North Carolina: Mecklenburg General Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a State Implementation Plan (SIP) revision to the
Mecklenburg County portion of the North Carolina SIP, hereinafter
referred to as the Mecklenburg County Local Implementation Plan (LIP).
The revision was submitted through the North Carolina Division 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, including
updating and revising certain definitions. EPA is approving these
changes pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective February 10, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0705. 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: Pearlene Williams, 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) 562-9144. Ms. Williams can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#790e1015151018140a57091c180b151c171c391c0918571e160f"><span class="__cf_email__" data-cfemail="1166787d7d78707c623f617470637d747f74517461703f767e67">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The Mecklenburg County LIP was originally 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 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.\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\ The April 24, 2020, submittal was received by EPA on June
19, 2020.
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II. What action is EPA taking?
On April 24, 2020, NCDAQ submitted to EPA changes to the MCAPCO to
be incorporated into the LIP.\3\ The January 14, 2019, portion of this
submission includes changes to Rules 1.5102--Definition of Terms and
1.5111--General Recordkeeping, Reporting and Monitoring Requirements of
MCAPCO
[[Page 1357]]
Article 1.0000--Permitting Provisions for Air Pollution Sources, Rules
and Operating Regulations for Acid Rain Sources, Title V and Toxic Air
Pollutants. The January 21, 2016 portion of this submission includes
changes and updates to Rule 1.5104--General Duties and Powers of the
Director, With the Approval of the Board of MCAPCO Article 1.0000.
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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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On November 17, 2021, EPA published a Notice of Proposed Rulemaking
(NPRM) proposing to approve the April 24, 2020, SIP revision regarding
updates to Mecklenburg's general provisions and administrations rules.
See 86 FR 64108. The NPRM provides additional detail regarding the
background and rationale for EPA's action. Comments on the November 17,
2021, NPRM were due on or before December 17, 2021. EPA received no
comments on the November 17, 2021, NPRM.
EPA is approving the incorporation of the aforementioned revisions
to the MCAPCO rules into the Mecklenburg LIP because these rules add
clarity to the LIP and are consistent with the CAA and applicable
regulations.
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of MCAPCO
Rules 1.5102--Definition of Terms and 1.5111--General Recordkeeping,
Reporting and Monitoring Requirements, both which have an effective
date of December 18, 2018; as well as Rule 1.5104--General Duties and
Powers of the Director, With the Approval of the Board, with 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). 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.\4\
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\4\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is finalizing regulatory text that incorporates into the
Mecklenburg County LIP revisions to MCAPCO Rules 1.5102--Definition of
Terms and 1.5111--General Recordkeeping, Reporting and Monitoring
Requirements, effective on December 18, 2018, as well as Rule 1.5104--
General Duties and Powers of the Director, With the Approval of the
Board, effective on December 15, 2015. EPA is taking final action to
approve these changes 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 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 March 14, 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, Incorporation by
reference, Intergovernmental relations, Reporting, and recordkeeping
requirements.
Dated: December 29, 2021.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
[[Page 1358]]
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, in paragraph (c), amend table (3) by removing the
entries for ``Section 1.5102,'' ``Section 1.5104,'' and ``Section
1.5111,'' and adding ``Rule 1.5102,'' ``Rule 1.5104,'' and ``Rule
1.5111,'' in their place to read as follows:
Sec. 52.1770 Identification of plan.
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(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 1.5100 General Provisions and Administrations
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* * * * * * *
Rule 1.5102............. Definition of Terms.. 12/18/2018 1/11/2022, [Insert
citation of
publication].
* * * * * * *
Rule 1.5104............. General Duties and 12/15/2015 1/11/2022, [Insert
Powers of the citation of
Director, With the publication].
Approval of the
Board.
Rule 1.5111............. General 12/18/2018 1/11/2022, [Insert
Recordkeeping, citation of
Reporting and publication].
Monitoring
Requirements.
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[FR Doc. 2022-00029 Filed 1-10-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 11, 2022.
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