Rule2022-01302
Air Plan Approval; North Carolina; Mecklenburg: Source Testing
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 25, 2022
Effective
February 24, 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 of Air Quality (NCDAQ), on behalf of Mecklenburg County Air Pollution Control (MCAQ), via a letter dated April 24, 2020, which was received by EPA on June 19, 2020. This SIP revision includes changes to Mecklenburg County Air Pollution Control Ordinance (MCAPCO) rules incorporated into the LIP regarding performance testing for stationary sources of air pollution. 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 16 (Tuesday, January 25, 2022)</title>
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[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3663-3666]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01302]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0033; FRL-9278-02-R4]
Air Plan Approval; North Carolina; Mecklenburg: Source Testing
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 of Air
Quality (NCDAQ), on behalf of Mecklenburg County Air Pollution Control
(MCAQ), via a letter dated April 24, 2020, which was received by EPA on
June 19, 2020. This SIP revision includes changes to Mecklenburg County
Air Pollution Control Ordinance (MCAPCO) rules incorporated into the
LIP regarding performance testing for stationary sources of air
pollution. EPA is approving these changes pursuant to the Clean Air Act
(CAA or Act).
DATES: This rule is effective February 24, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0033. 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: D. Brad Akers, 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. Mr. Akers can be
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#7f1e141a0d0c511d0d1e1b3f1a0f1e51181009"><span class="__cf_email__" data-cfemail="b4d5dfd1c6c79ad6c6d5d0f4d1c4d59ad3dbc2">[email protected]</span></a> or via telephone at
(404) 562-9089.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
The Mecklenburg 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 changes to the LIP for, among other
things, general consistency with the North Carolina SIP.\1\ Mecklenburg
County prepared three submittals in order to update the LIP and reflect
regulatory and administrative changes that NCDAQ made to the North
Carolina SIP since EPA's 1991 LIP approval.\2\ 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 notices at the local level, these submittals were withdrawn from
EPA through the letter dated February 15, 2019. Mecklenburg County
corrected this error, and NCDAQ submitted the updates to EPA in a
submittal dated April 24, 2020.
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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.
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This final rule modifies the LIP by revising, adding, and removing
several rules related to the source testing rules, located in MCAPCO
Article 2.0000, Air Pollution and Control Regulations and Procedures.
The specific sections addressed in this final rule are Section 2.2600,
Source Testing, Section 2.0900, Volatile Organic Compounds, and Rule
2.0501 of Section 2.0500, Compliance with Emission Control
Standards.\3\ The April 24, 2020, LIP revision first makes minor
changes to recodify portions of Rules 2.0501 of Section 2.0500 and
several rules in Section 2.0900. Next, the LIP revision removes Rule
2.0941, Alternative Method for Leak Testing, from the SIP, which in
effect removes an alternative test for vapor leaks in gasoline tank
trucks which is no longer available in Mecklenburg County. In addition,
other changes modify the LIP by updating or incorporating new
performance testing requirements, and by making other minor changes to
language throughout the recodified rules for consistency. See EPA's
November 26, 2021, notice of proposed rulemaking (NPRM) for further
detail on these changes and EPA's rationale for approving them. See 86
FR 67412. EPA did not receive public comments on the November 26, 2021,
NPRM.
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\3\ Additionally, EPA notes that NCDAQ did not request EPA
approval into the LIP of several Section 2.2600 rules, including:
Rules 2.2616, Fluorides; 2.2618, Mercury; 2.2619, Arsenic,
Beryllium, Cadmium, Hexavalent Chromium; and 2.2620, Dioxins and
Furans. Provisions for these pollutants were not previously included
in the Mecklenburg LIP.
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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 the following
Mecklenburg County rules, with an effective date of June 1, 2008: Rule
2.0501, Compliance with Emission Control Standards; \4\ Rule 2.0912,
General Provisions on Test Methods and Procedures; Rule 2.0943,
Synthetic Organic Chemical and Polymer Manufacturing; Rule 2.0945,
Petroleum Dry Cleaning; Rule 2.2602, General Provisions on Test Methods
and Procedures; \5\ Rule 2.2603, Testing Protocol; Rule 2.2604, Number
of Test Points; Rule 2.2605, Velocity and Volume Flow Rate; Rule
2.2606, Molecular Weight; Rule 2.2607, Determination of Moisture
Content; Rule 2.2608, Number of Runs and Compliance Determination; Rule
2.2610, Opacity; Rule 2.2612, Nitrogen Oxide Testing Methods; Rule
2.2613,
[[Page 3664]]
Volatile Organic Compound Testing Methods; Rule 2.2614, Determination
of VOC Emission Control System Efficiency; and Rule 2.2615,
Determination of Leak Tightness and Vapor Leaks. EPA is also
incorporating by reference Rule 2.0901, Definitions, with an effective
date of January 1, 2009. Also in this document, EPA is finalizing the
removal of the following Mecklenburg County rules from the Mecklenburg
portion of the North Carolina State Implementation Plan, which are
incorporated by reference in accordance with the requirements of 1 CFR
part 51: Rule 2.0913, Determination of Volatile Content of Surface
Coatings; Rule 2.0914, Determination of VOC Emission Control System
Efficiency; Rule 2.0915, Determination of Solvent Metal Cleaning VOC
Emissions; Rule 2.0916, Determination: VOC Emissions from Bulk Gasoline
Terminals; Rule 2.0939, Determination of Volatile Organic Compound
Emissions; Rule 2.0940, Determination of Leak Tightness and Vapor
Leaks; Rule 2.0941, Alternative Method for Leak Tightness; and Rule
2.0942, Determination of Solvent in Filter Waste. EPA has made, and
will continue to make the State Implementation Plan generally available
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, the revised materials as stated above, 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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\4\ Except for the addition of paragraph 2.0501(e), with an
effective date of June 1, 2008; and except for changes to remove and
recodify the prefatory text at 2.0501(c) and for subparagraphs
(c)(3), (c)(4), (c)(5), (c)(6), (c)10, (c)(15), (c)(16), and
(c)(18), which will remain unchanged with a state effective date of
June 14, 1990. Because EPA is acting on other portions of Rule
2.0501, which includes moving former paragraph (e) to paragraph (c)
with an effective date of June 1, 2008, there will be two paragraphs
2.0501(c), with different state effective dates. EPA will consider
the remaining portions of the June 14, 1990 version of paragraph (c)
in a separate action.
\5\ Except for paragraph 2.2602(i), which corresponds to
existing 2.0501(c)(18) in the LIP.
\6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the April 24, 2020, SIP revision to revise, add,
and remove several source testing rules from the LIP, as described
above. EPA believes these changes are consistent with the CAA, and this
revision will not impact the national ambient air quality standards or
interfere with any other applicable requirement of the Act.
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 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 March 28, 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 byreference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the 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
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2. In Sec. 52.1770, amend the table in paragraph (c)(3) by:
0
a. Removing the entries for ``Section 2.0501,'' ``Section 2.0901,'' and
``Section 2.0912'' and adding in their place entries for ``Rule
2.0501,'' ``Rule 2.0901,'' and ``Rule 2.0912,'' respectively;
0
b. Removing the entries for ``Section 2.0913,'' ``Section 2.0914,''
``Section 2.0915,'' ``Section 2.0916,'' ``Section 2.0939,'' ``Section
2.0940,'' ``Section 2.0941,'' and ``Section 2.0942;''
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c. Removing the entries for ``Section 2.0943'' and ``Section 2.0945''
and adding in their place entries for ``Rule 2.0943'' and ``Rule
2.0945,'' respectively; and
0
d. Adding, at the end of the table, the heading ``Section 2.2600 Source
Testing'' and entries for ``Rule 2.2602,'' ``Rule 2.2603,'' ``Rule
2.2604,'' ``Rule 2.2605,'' ``Rule 2.2606,'' ``Rule 2.2607,'' ``Rule
2.2608,'' ``Rule 2.2610,'' ``Rule 2.2612,'' ``Rule 2.2613,'' ``Rule
2.2614,'' and ``Rule 2.2615''.
The additions 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 EPA approval date Explanation
date
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* * * * * * *
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Article 2.0000 Air Pollution Control Regulations and Procedures
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* * * * * * *
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Section 2.0500 Emission Control Standards
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Rule 2.0501................ Compliance With 6/1/2008 1/25/2022, [Insert Except for the
Emission Control citation of addition of paragraph
Standards. publication]. 2.0501(e); and except
for changes to remove
and recodify the
prefatory text at
2.0501(c) and for
subparagraphs (c)(3),
(c)(4), (c)(5),
(c)(6), (c)10,
(c)(15), (c)(16), and
(c)(18), which will
remain unchanged with
a state effective
date of June 14,
1990. Because EPA is
acting on other
portions of Rule
2.0501, which
includes moving
former paragraph (e)
to paragraph (c) with
an effective date of
June 1, 2008, there
are two paragraphs
2.0501(c), with
different state
effective dates.
* * * * * * *
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Section 2.0900 Volatile Organic Compounds
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Rule 2.0901................ Definitions........... 1/1/2009 1/25/2022, [Insert ......................
citation of
publication].
* * * * * * *
Rule 2.0912................ General Provisions on 6/1/2008 1/25/2022, [Insert ......................
Test Methods and citation of
Procedures. publication].
* * * * * * *
Rule 2.0943................ Synthetic Organic 6/1/2008 1/25/2022, [Insert ......................
Chemical and Polymer citation of
Manufacturing. publication].
* * * * * * *
Rule 2.0945................ Petroleum Dry Cleaning 6/1/2008 1/25/2022, [Insert ......................
citation of
publication].
* * * * * * *
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Section 2.2600 Source Testing
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Rule 2.2602................ General Provisions on 6/1/2008 1/25/2022, [Insert Except for paragraph
Test Methods and citation of 2.2602(i).
Procedures. publication].
Rule 2.2603................ Testing Protocol...... 6/1/2008 1/25/2022, [Insert ......................
citation of
publication].
Rule 2.2604................ Number of Test Points. 6/1/2008 1/25/2022, [Insert ......................
citation of
publication].
Rule 2.2605................ Velocity and Volume 6/1/2008 1/25/2022, [Insert ......................
Flow Rate. citation of
publication].
Rule 2.2606................ Molecular Weight...... 6/1/2008 1/25/2022, [Insert ......................
citation of
publication].
Rule 2.2607................ Determination of 6/1/2008 1/25/2022, [Insert ......................
Moisture Content. citation of
publication].
Rule 2.2608................ Number of Runs and 6/1/2008 1/25/2022, [Insert ......................
Compliance citation of
Determination. publication].
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Rule 2.2610................ Opacity............... 6/1/2008 1/25/2022, [Insert ......................
citation of
publication].
Rule 2.2612................ Nitrogen Oxide Testing 6/1/2008 1/25/2022, [Insert ......................
Methods. citation of
publication].
Rule 2.2613................ Volatile Organic 6/1/2008 1/25/2022, [Insert ......................
Compound Testing citation of
Methods. publication].
Rule 2.2614................ Determination of VOC 6/1/2008 1/25/2022, [Insert ......................
Emission Control citation of
System Efficiency. publication].
Rule 2.2615................ Determination of Leak 6/1/2008 1/25/2022, [Insert ......................
Tightness and Vapor citation of
Leaks. publication].
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[FR Doc. 2022-01302 Filed 1-24-22; 8:45 am]
BILLING CODE 6560-50-P
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