Rule2024-22134
Air Plan Approval; North Carolina; Mecklenburg Emission Control Standards
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
September 30, 2024
Effective
October 30, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 approving these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 89 Issue 189 (Monday, September 30, 2024)</title>
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[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79443-79446]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22134]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0264; FRL-8980-02-R4]
Air Plan Approval; North Carolina; Mecklenburg Emission Control
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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
approving these changes pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective October 30, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0264. All documents in the docket
are listed on the <a href="http://regulations.gov">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: 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#afc0dddbc6d5cdc0ddddcaddc081c5c0dcdacaefcadfce81c8c0d9"><span class="__cf_email__" data-cfemail="a5cad7d1ccdfc7cad7d7c0d7ca8bcfcad6d0c0e5c0d5c48bc2cad3">[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 document EPA
will refer to the June 19, 2020, submission by its cover letter date
of April 24, 2020.
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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. EPA is approving the incorporation
of these rules into the Mecklenburg LIP.\3\
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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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In a notice of proposed rulemaking (NPRM) published on July 25,
2024 (89 FR 60339), EPA proposed to approve the April 24, 2020, SIP
revision. The details of North Carolina's submittal and the rationale
for EPA's action are explained further in the July 25, 2024, NPRM.
Comments on the NPRM were due on or before August 26, 2024. EPA
received three sets of comments on the July 25, 2024, NPRM. One set of
comments is not relevant to this action and two sets of comments are
substantively identical. The two substantively identical comment sets
are addressed below. All three comment sets are available in the docket
for this action.
II. Response to Comments
EPA received two substantively identical sets of comments on the
July 25, 2024, NPRM from Clean Future (Commenter). EPA has summarized
and responded to the comments below.
Comments: The Commenter generally supports EPA's action and states
that this SIP revision is ``an important step toward improving air
quality management in the region.'' The Commenter provides generalized
suggestions regarding the LIP and implementation of the LIP, including
a request for a requirement that ``actively gets updates and statements
of
[[Page 79444]]
facilities,'' a request for regular assessments to ensure the
regulations are being properly implemented, and a recommendation that
EPA establish a mechanism for periodic review and adjustment of the
regulations to incorporate new developments and address any unforeseen
challenges. The Commenter also notes that there should be monitoring
and enforcement and ``effective mechanisms and reporting,'' notes the
importance of reviewing how these updated standards compare with
current federal and State guidelines and notes the importance of
assessing the effectiveness of these regulations to reduce emissions.
Response: EPA appreciates the Commenter's support for this action.
Due to the general nature of the Commenter's requests and suggestions,
EPA is only able to provide general responses.
The scope of EPA's review in evaluating SIP revisions is limited to
the process in CAA section 110 and EPA's implementing regulations
codified at 40 CFR part 51. Under CAA section 110, States have broad
discretion to choose the mix of emission limitations and other control
measures, means, or techniques that they will implement (or update)
through a SIP to provide for attainment and maintenance of national
ambient air quality standards (NAAQS). EPA's role, with respect to a
SIP revision, is focused on reviewing the submission to determine
whether it meets the minimum criteria of the CAA. These minimum
criteria include CAA section 110(l), which prohibits EPA from approving
a SIP revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of the Act. Where a
SIP revision meets the minimum CAA criteria, EPA must approve the
submission. When approving a SIP revision, the Agency is not
establishing its own requirements for the State to implement. If, at
any time, EPA finds that a SIP is inadequate to attain or maintain the
relevant NAAQS or otherwise does not comply with the CAA, EPA has the
authority under CAA section 110(k)(5) to require the State to revise
its SIP to correct such inadequacies.
In general, the Act addresses monitoring, reporting, and
enforcement in SIPs (as well as LIPs). See, e.g., CAA section
110(a)(2)(A) (requiring ``enforceable emission limitations and other
control measures, means, or techniques''); CAA section 110(a)(2)(B)(i)
(requiring the ``establishment and operation of devices . . . to . . .
monitor, compile, and analyze data on ambient air quality''); CAA
section 110(a)(2)(C) (requiring ``a program to provide for the
enforcement'' of such measures); CAA section 110(a)(2)(F) (addressing
reporting). The LIP revisions at issue here are narrow and only include
updates to emission standards in MCAPCO 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. The revision does not alter any
existing LIP-approved monitoring, enforcement, or reporting
requirements, remove any such requirements, or add any such
requirements. Given the limited nature of this SIP revision and EPA's
role in reviewing SIP revisions discussed above, the comments regarding
monitoring, reporting, and enforcement are beyond the scope of this
action. Regarding the Commenter's recommendation to establish a
mechanism for periodic review and adjustment of regulations to
incorporate new developments and challenges, EPA reiterates that it has
the authority to issue a SIP call under CAA section 110(k)(5) if, at
any time, it finds the SIP to be inadequate to attain or maintain the
relevant NAAQS or otherwise does not comply with the CAA.
Regarding the importance of assessing the effectiveness of these
regulations to reduce emissions and comparing the revision with federal
and State guidelines, EPA reviewed the revision in accordance with CAA
section 110(l), which prohibits the Agency from approving a SIP
revision that would interfere with any applicable requirement
concerning attainment or any other applicable requirement of the Act.
In developing the NPRM, EPA evaluated each rule revision, including its
potential impact on air quality and its consistency with applicable CAA
requirements, and determined that the revision meets the requirements
of CAA section 110(l). EPA is therefore approving this revision to the
Mecklenburg LIP.
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, and as discussed in Sections I and II of this preamble, EPA
is finalizing the incorporation by reference of 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; \4\ 2.0513, Particulates from Portland Cement
Plants; \5\ 2.0514, Particulates from Ferrous Jobbing Foundries; \6\
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). 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.\7\
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\4\ Rule 2.0508, currently entitled Control of Particulates from
Pulp and Paper Mills in the Mecklenburg LIP, is being renamed to
Particulates from Pulp and Paper Mills.
\5\ Rule 2.0513, currently entitled Control of Particulates from
Portland Cement Plants in the Mecklenburg LIP, is being renamed to
Particulates from Portland Cement Plants.
\6\ Rule 2.0514, currently entitled Control of Particulates from
Ferrous Jobbing Foundries in the Mecklenburg LIP, is being renamed
to Particulates from Ferrous Jobbing Foundries
\7\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the aforementioned 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.
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
action merely approves State law as meeting
[[Page 79445]]
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 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 rule 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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines 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 action. Due to the nature of
the action being taken here, this 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 action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for communities with EJ concerns.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 November 29, 2024. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: September 20, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, 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 paragraph (c)(3), amend the table by revising the
entries for ``Rule 2.0502'', ``Rule 2.0507'', ``Rule 2.0508'', ``Rule
2.0513'', ``Rule 2.0514'', ``Rule 2.0515'', and ``Rule 2.0533'' 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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County
Citation Title/subject effective date EPA approval date Explanation
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SECTION 2.0500 EMISSION CONTROL STANDARDS
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* * * * * * *
Rule 2.0502.................... Purpose.............. 12/15/2015 9/30/2024, [Insert .................
first page of
Federal Register
citation].
* * * * * * *
Rule 2.0507.................... Particulates from 12/15/2015 9/30/2024, [Insert .................
Chemical Fertilizer first page of
Manufacturing Plants. Federal Register
citation].
[[Page 79446]]
Rule 2.0508.................... Particulates from 12/15/2015 9/30/2024, [Insert .................
Pulp and Paper Mills. first page of
Federal Register
citation].
* * * * * * *
Rule 2.0513.................... Particulates from 12/15/2015 9/30/2024, [Insert .................
Portland Cement first page of
Plants. Federal Register
citation].
Rule 2.0514.................... Particulates from 12/15/2015 9/30/2024, [Insert .................
Ferrous Jobbing first page of
Foundries. Federal Register
citation].
Rule 2.0515.................... Particulates from 12/15/2015 9/30/2024, [Insert .................
Miscellaneous first page of
Industrial Processes. Federal Register
citation].
* * * * * * *
Rule 2.0533.................... Stack Height......... 12/15/2015 9/30/2024, [Insert .................
first page of
Federal Register
citation].
* * * * * * *
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[FR Doc. 2024-22134 Filed 9-27-24; 8:45 am]
BILLING CODE 6560-50-P
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