Rule2022-21646
Air Plan Approval; North Carolina; Prevention of Significant Deterioration for Mecklenburg County
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
October 6, 2022
Effective
November 7, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a portion 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 Quality (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 Prevention of Significant Deterioration (PSD) permitting to address changes to the Federal new source review (NSR) regulations in recent years. 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 193 (Thursday, October 6, 2022)</title>
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[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Rules and Regulations]
[Pages 60551-60554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21646]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0867; FRL-9377-02-R4]
Air Plan Approval; North Carolina; Prevention of Significant
Deterioration for Mecklenburg County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion 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 Quality (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 Prevention of Significant Deterioration (PSD) permitting to
address changes to the Federal new source review (NSR) regulations in
recent years. EPA is approving these changes pursuant to the Clean Air
Act (CAA or Act).
DATES: This rule is effective November 7, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0867. 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, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can be
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#d5b4beb0a7a6fbb7a7b4b195b0a5b4fbb2baa3"><span class="__cf_email__" data-cfemail="4322282631306d21312227032633226d242c35">[email protected]</span></a> or via telephone at
(404) 562-9089.
SUPPLEMENTARY INFORMATION:
I. Background and Overview of Mecklenburg LIP
The Mecklenburg LIP was submitted to EPA on June 14, 1990, and EPA
approved the plan on May 2, 1991. See 56 FR 20140. EPA is now approving
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
submitted the January 21, 2016, and January 14, 2019, updates. Each of
these submittals were properly noticed to the public in compliance with
40 CFR 51.102.
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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 updating the PSD program rules
incorporated into the LIP in Rule 2.0530, Prevention of Significant
Deterioration, and by adding into the LIP Rule 2.0544, Prevention of
Significant Deterioration Requirements for Greenhouse Gases.
II. Updates to the Mecklenburg PSD Program
MCAQ adopts the Federal PSD provisions of 40 CFR 51.166 with
several changes, consistent with the State of North Carolina's PSD
rules.\3\
[[Page 60552]]
MCAPCO Rule 2.0530 adopts certain provisions of the version of 40 CFR
51.166 effective on July 1, 2014, with certain revisions described in
this document, and Rule 2.0544 adopts certain provisions of the version
of the Federal rule effective on July 20, 2011, with certain revisions
described in this document.
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\3\ See, e.g., 76 FR 49313 (August 10, 2011); 76 FR 64240
(October 18, 2011); 81 FR 63107 (September 14, 2016); 83 FR 45827
(September 11, 2018); 84 FR 38876 (August 8, 2019); and 85 FR 57707
(September 16, 2020).
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MCAQ's April 24, 2020, LIP revision addresses changes EPA made to
the PSD program via ``NSR reform'' through the December 31, 2002, final
rule (67 FR 80186), with revisions per the November 7, 2003, final rule
(68 FR 63021), the June 13, 2007, final rule (72 FR 32526), and the
December 21, 2007, final rule (72 FR 72607).<SUP>4 5</SUP> The LIP
revision also includes provisions for implementation of the 1997 8-hour
ozone National Ambient Air Quality Standards (NAAQS) as promulgated in
the November 29, 2005, final rule (70 FR 71612).
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\4\ As noted in the August 24, 2022, notice of proposed
rulemaking (NPRM) (87 FR 51946), this action does not include
approval into the LIP of the October 27, 2003, final rule revisions
referred to as the ``Equipment Replacement Provision Rule'' (68 FR
61248) to 40 CFR 51.166(b)(2)(iii)(a), the incorporation by
reference of 40 CFR 51.166(b)(53) through (56), nor the
incorporation by reference of 40 CFR 51.166(y). These provisions
were in the Federal rule as of July 1, 2014, but were previously
vacated by the D.C. Circuit. New York v. EPA, 443 F.3d 880 (D.C.
Cir. 2006). On September 27, 2022, MCAQ provided further
clarification to EPA that these provisions are not part of the
Mecklenburg PSD program, are not implemented locally, and are not
requested for approval into the Mecklenburg LIP. This letter is
included in the docket for this rulemaking.
\5\ As noted in the August 24, 2022, NPRM, this action does not
include approval into the LIP of the December 19, 2008, final rule
revisions referred to as the ``Fugitive Emissions Rule'' (73 FR
77882) to 40 CFR 51.166(b)(2)(v) and (b)(3)(iii)(d). These
provisions remain in the Federal rule as of July 1, 2014, and to
present day; however, these provisions are indefinitely stayed by
EPA and therefore not effective. See 76 FR 17553 (March 30, 2011).
On September 27, 2022, MCAQ provided further clarification to EPA
that these provisions are not part of the Mecklenburg PSD program,
are not implemented locally, and are not requested for approval into
the Mecklenburg LIP. This letter is included in the docket for this
rulemaking.
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The April 24, 2020, LIP revision also includes the regulation of
fine particulate matter (particulate matter with and aerodynamic
diameter of 2.5 microns or less, ``PM<INF>2.5</INF>'') and its
precursors through the May 16, 2008, final rule (73 FR 28321), with
revisions per the October 20, 2010, final rule (75 FR 64863), the May
18, 2011, final rule (76 FR 28646), the October 25, 2012, final rule
(77 FR 65107), and the December 9, 2013, final rule (78 FR 73698).
Next, this revision also conforms the MCAPCO rules to changes to
EPA regulations reflected in EPA's 2007 Ethanol Rule. See 72 FR 24060
(May 1, 2007). EPA included technical analysis in separate technical
support documents (TSD) included in the docket for this rulemaking
specific to the incorporation of the 2007 Ethanol Rule. See the TSD and
the August 24, 2022, NPRM for further detail on the LIP revision
related to incorporation of the 2007 Ethanol Rule provisions and EPA's
rationale for approval. Finally, the April 24, 2020, LIP revision
includes the provisions necessary to implement PSD for greenhouse gases
through the June 3, 2010, final rule (75 FR 31514).<SUP>6 7</SUP> See
the August 24, 2022, NPRM for additional details and rationale for
EPA's action. EPA received one comment that is not relevant to this
action. The comment is available in the docket for this action.
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\6\ The July 20, 2011, incorporation by reference date at Rule
2.0544(o) does not include the regulation of ``GHG-only'' sources in
accordance with the June 3, 2010, final rule, however, because
language within Rule 2.0544(a) states that only sources already
subject to PSD for another ``regulated NSR pollutant'' are regulated
for the purposes of GHGs. This is consistent with current Federal
regulations per the August 19, 2015, final rule (80 FR 50199).
\7\ MCAQ submitted a letter on February 4, 2022, through NCDAQ,
clarifying its intent for EPA not to adopt the since-vacated text of
the July 20, 2011, Biomass Deferral Rule (76 FR 43490) previously
codified at 40 CFR 51.166(b)(48)(ii)(a). Specifically, the February
4, 2022, letter withdraws this portion of the adoption of PSD
provisions from the April 24, 2020, submittal.
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III. 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, and as discussed in Sections I and II of this preamble, EPA is
finalizing the incorporation by reference the following Mecklenburg
County Rules: 2.0530, Prevention of Significant Deterioration,
effective on October 17, 2017; \8\ and 2.0544, Prevention of
Significant Deterioration Requirements for Greenhouse Gases, effective
on December 15, 2015.\9\ 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 State implementation plan, 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.\10\
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\8\ This action does incorporate by reference into the LIP the
Equipment Replacement Rule and Fugitive Emissions Rule contained in
40 CFR 51.166(b)(2)(iii)(a), (b)(2)(v), (b)(3)(iii)(d), (b)(53)
through (56), and (y) as those CFR provisions existed on July 1,
2014. See footnotes 4 and 5 for more details.
\9\ This action does incorporate by reference into the LIP the
Biomass Deferral Rule contained in the second sentence 40 CFR
51.166(b)(48)(ii)(a) as that CFR provision existed on July 20, 2011.
See footnotes 6 and 7 for more details.
\10\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the aforementioned changes to the Mecklenburg
County LIP. Specifically, EPA is incorporating updates to PSD
permitting provisions in Rule 2.0530, Prevention of Significant
Deterioration, with the exception of those provisions described in
footnote 8, and is incorporating new Rule 2.0544, Prevention of
Significant Deterioration Requirements for Greenhouse Gases, with the
exception of those provisions described in footnote 9. With these
changes and additions, the local regulations will now be consistent
with the State's current SIP-approved PSD program and Federal PSD
rules. Therefore, EPA is approving the April 24, 2020, LIP revision
changes to Mecklenburg County's PSD permitting program, pursuant to the
Act and EPA's implementing regulations.
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 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:
[[Page 60553]]
<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 December 5, 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, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 30, 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
0
2. In Sec. 52.1770, amend the table in paragraph (c)(3) by:
0
a. Removing the entry for ``Section 2.0530'' and adding in its place an
entry for ``Rule 2.0530;'' and
0
b. Adding an entry for ``Rule 2.0544'' in numerical order.
The additions 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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Section 2.0500 Emission Control Standards
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Rule 2.0530...................... Prevention of 10/17/2017 10/6/2022, [Insert Except for the
Significant citation of incorporation by
Deterioration. publication]. reference of 40
CFR
51.166(b)(2)(iii)(
a), which is
instead
incorporated by
reference as of
July 1, 1988.
Except for the
incorporation by
reference of 40
CFR
51.166(b)(2)(v),
(b)(3)(iii)(d),
(b)(53) through
(56), and (y).
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Rule 2.0544...................... Prevention of 12/15/2015 10/6/2022, [Insert Except for the
Significant citation of Biomass Deferral
Deterioration publication]. Rule language
Requirements for contained in the
Greenhouse Gases. second sentence of
40 CFR
51.166(b)(48)(ii)(
a).
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[FR Doc. 2022-21646 Filed 10-5-22; 8:45 am]
BILLING CODE 6560-50-P
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