Proposed Rule2024-16251
Air Plan Approval; North Carolina; Mecklenburg Emission Control Standards and Nitrogen Oxides
Primary source
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Published
July 25, 2024
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. The revision includes updates to various emission control standards contained in the Mecklenburg County Air Pollution Control Ordinance (MCAPCO) incorporated into the LIP. 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 89 Issue 143 (Thursday, July 25, 2024)</title>
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[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Proposed Rules]
[Pages 60339-60341]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16251]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0264; FRL-8980-01-R4]
Air Plan Approval; North Carolina; Mecklenburg Emission Control
Standards and Nitrogen Oxides
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. The revision includes
updates to various emission control standards contained in the
Mecklenburg County Air Pollution Control Ordinance (MCAPCO)
incorporated into the LIP. EPA is proposing to approve these changes
pursuant to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before August 26, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0264 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
[[Page 60340]]
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://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, 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) 562-8085. Mr. Ortiz Borrero can also be reached via electronic
mail at <a href="/cdn-cgi/l/email-protection#e9869b9d80938b869b9b8c9b86c783869a9c8ca98c9988c78e869f"><span class="__cf_email__" data-cfemail="bbd4c9cfd2c1d9d4c9c9dec9d495d1d4c8cedefbdecbda95dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The original 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 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, submission was received
by EPA on June 19, 2020. For clarity, throughout this notice EPA
will refer to the June 19, 2020, submission by its cover letter date
of April 24, 2020.
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II. What action is EPA taking?
The April 24, 2020, submittal includes changes and updates to the
following rules to align them more closely with their analogous SIP-
approved North Carolina regulations: MCAPCO Rules 2.0502, Purpose;
2.0507, Particulates from Chemical Fertilizer Manufacturing Plants;
2.0508, Particulates from Pulp and Paper Mills; 2.0513, Particulates
from Portland Cement Plants; 2.0514, Particulates from Ferrous Jobbing
Foundries; 2.0515, Particulates from Miscellaneous Industrial
Processes; and 2.0533, Stack Height.\3\ EPA is proposing to incorporate
these rules into the Mecklenburg LIP.
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\3\ EPA has previously taken action on portions of the April 24,
2020, submittal. The April 24, 2020, submittal contains changes to
other Mecklenburg LIP-approved rules that are not addressed in this
document. EPA will be acting on those rules in separate actions.
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1. Rule 2.0502, ``Purpose''
The April 24, 2020, revision updates Rule 2.0502, Purpose, under
Article 2.0000, Air Pollution and Control Regulations and Procedures,
to more closely align the rule with the SIP-approved State rule at 15A
NCAC 02D .0502, Purpose. The April 24, 2020, revision corrects a
typographical error, removing the ``s'' from the word ``Section.'' EPA
is proposing to approve Rule 2.0502 because it better aligns the LIP
with the SIP and will not interfere with any applicable CAA
requirements.
2. Rule 2.0507, ``Particulates From Chemical Fertilizer Manufacturing
Plants''
The April 24, 2020, revision updates Rule 2.0507, Particulates from
Chemical Fertilizer Manufacturing Plants, to more closely align the
rule with the SIP-approved State rule at 15A NCAC 02D .0507,
Particulates from Chemical Fertilizer Manufacturing Plants. Rule 2.0507
is revised to convert the text emission rates from the current version
of the LIP-approved rule into equations for readability, along with a
non-substantive phrasing change. EPA is proposing to approve Rule
2.0507 because it better aligns the LIP with the SIP and will not
interfere with any applicable CAA requirements.
3. Rule 2.0508, ``Particulates From Pulp and Paper Mills''
The April 24, 2020, revision updates Rule 2.0508, which is
currently entitled Control of Particulates from Pulp and Paper Mills in
the Mecklenburg LIP. The update renames the rule Particulates from Pulp
and Paper Mills and increases the stringency of the opacity standards
in Paragraph (b) of the rule. The update also includes non-substantive
formatting changes. These changes more closely aligns the rule with the
SIP-approved State rule at 15A NCAC 02D .0508, Particulates from Pulp
and Paper Mills. Rule 2.0508 differs from its State counterpart by
starting the second sentence under Paragraph (b) with ``However,'' and
changing the capital ``S'' in ``Six'' to lower-case. EPA is proposing
to approve Rule 2.0508 because it better aligns the LIP with the SIP
and will not interfere with any applicable CAA requirements.
4. Rule 2.0513, ``Particulates From Portland Cement Plants''
The April 24, 2020, revision updates Rule 2.0513, which is
currently entitled Control of Particulates from Portland Cement Plants
in the Mecklenburg LIP. The update names the rule Particulates from
Portland Cement Plants and includes non-substantive wording and
formatting changes. These changes more closely align the rule with the
SIP-approved State rule at 15A NCAC 02D .0513, Particulates from
Portland Cement Plants. EPA is proposing to approve Rule 2.0513 because
it better aligns the LIP with the SIP and will not interfere with any
applicable CAA requirements.
5. Rule 2.0514, ``Particulates From Ferrous Jobbing Foundries''
The April 24, 2020, revision updates Rule 2.0514, which is
currently entitled Control of Particulates from Ferrous Jobbing
Foundries in the Mecklenburg LIP. The update renames the rule
Particulates from Ferrous Jobbing Foundries and includes formatting and
wording changes. The revised rule also updates the cross-reference to
Regulation 2.0515 such that it now refers to Regulation 2.0515(a).
These changes more closely align the rule with the SIP-approved State
rule at 15A NCAC 02D .0514, Particulates from Ferrous Jobbing
Foundries. EPA is proposing to approve Rule 2.0514 because it better
aligns the LIP with the SIP and will not interfere with any applicable
CAA requirements.
6. Rule 2.0515, ``Particulates From Miscellaneous Industrial
Processes''
The April 24, 2020, revision updates Rule 2.0515, Particulates from
Miscellaneous Industrial Processes, to more closely aligns the rule
with the SIP-approved State rule at 15A NCAC 02D .0515, Particulates
from Miscellaneous Industrial Processes. The changes to Rule 2.0515
include changes such as converting the text emission rates in Paragraph
(a) of the current version of the LIP-approved rule into equations for
readability and updating the phrase ``process weight'' such that it now
says ``process rate.'' EPA is proposing to approve Rule 2.0515 because
it better aligns the LIP with the SIP and will not interfere with any
applicable CAA requirements.
7. Rule 2.0533, ``Stack Height''
The April 24, 2020, revision updates Rule 2.0533, Stack Height, to
more
[[Page 60341]]
closely aligns the rule with the SIP-approved State rule at 15A NCAC
02D .0533, Stack Height. The revised rule re-orders certain provisions,
such as the definitions (which are now alphabetical). The revised rule
also updates certain cross-references within the rule and includes
minor wording changes, such as updating the phrase ``reasonable time''
to now say ``time that is normally required.''
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, and as discussed in Sections I and II
of this preamble, EPA is proposing to incorporate by reference the
following revised MCAPCO Rules, with a local effective date of December
15, 2015, into the Mecklenburg LIP: 2.0502, Purpose; 2.0507,
Particulates from Chemical Fertilizer Manufacturing Plants; 2.0508,
Particulates from Pulp and Paper Mills; 2.0513, Particulates from
Portland Cement Plants; 2.0514, Particulates from Ferrous Jobbing
Foundries; 2.0515, Particulates from Miscellaneous Industrial
Processes; and 2.0533, Stack Height. 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 above-described SIP revision by
incorporating the following MCAPCO Rules, with a local effective date
of December 15, 2015, into the Mecklenburg LIP: 2.0502, Purpose;
2.0507, Particulates from Chemical Fertilizer Manufacturing Plants;
2.0508, Particulates from Pulp and Paper Mills; 2.0513, Particulates
from Portland Cement Plants; 2.0514, Particulates from Ferrous Jobbing
Foundries; 2.0515, Particulates from Miscellaneous Industrial
Processes; and 2.0533, Stack Height. EPA is proposing to approve these
rules into the Mecklenburg LIP because they are consistent with the CAA
and its implementing regulations, and because these revisions would not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any other
applicable requirement of the Act.
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 CAA 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. Accordingly, 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
In addition, 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 rulemaking does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
NCDAQ did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this proposed action. Due to the
nature of the action being proposed here, this proposed action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
proposed action, and there is no information in the record inconsistent
with the stated goal of E.O. 12898 of achieving EJ for people of color,
low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 18, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-16251 Filed 7-24-24; 8:45 am]
BILLING CODE 6560-50-P
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