Federal Register - September 17, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules Permitting of Numerous Similar Facilities; 1.5222Permitting of Facilities at Multiple Temporary Sites;
and 1.5232Issuance, Revocation, and Enforcement of Permits.4 Additionally, the January 14, 2019, portion of the revision requests approval of MCAPCO
Rules 1.5217Confidential Information;
1.5218Compliance Schedule for Previously Exempted Activities; and 1.5220Applicability Determinations.5
The remainder of this section discusses all of the aforementioned rules and any proposed changes.
A. Rule 1.5212, Applications The April 24, 2020, revision modifies Rule 1.5212, Applications, under Article 1.0000, Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain Sources, Title V and Toxic Air Pollutants, by correcting grammatical errors and updating references. MCAQ also added language concerning procedures for submitting determination letters to the Director and language concerning the submittal of confidential information.
This rule outlines the procedures that permit applicants should follow to complete a permit application for MCAQ. EPA last approved changes to the LIP-approved version of the rule on June 30, 2003. See 68 FR 38631. The current changes to Rule 1.5212 remove redundant language and reference Rule 1.5102, Definitions, in order to streamline the rule and better outline the official responsible for reviewing the permit applications. The North Carolina SIP has an analog rule at 15A NCAC
02Q .0304, Applications, which EPA
most recently revised on March 1, 2021.
See 86 FR 11875. EPA is proposing to approve the updates to Rule 1.5212
because the changes improve clarity of the rule, better define the individual or individuals responsible for reviewing permit applications, and better align the LIP with the SIP.
B. Rule 1.5213, Action on Application;
Issuance of Permit The April 24, 2020, revision modifies Rule 1.5213, Action on Application;
Issuance of Permit, by correcting grammatical errors and updating references. This rule outlines, among other things, the schedule, public participation requirements, and steps 4 The April 24, 2020 revision 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.
5 MCAPCO Rules 1.5217Confidential Information; 1.5218Compliance Schedule for Previously Exempted Activities; and 1.5220
Applicability Determinations were erroneously included in the table at 40 CFR 52.1770c.
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that must be completed for a facility to be issued a permit. EPA last approved changes to the LIP-approved version of the rule on June 30, 2003. See 68 FR
38631. The North Carolina SIP has an analog rule at 15A NCAC 02Q .0308, Final Action on Permit Applications, which EPA most recently revised on March 1, 2021. See 86 FR 11875. EPA
is proposing to approve the updates to Rule 1.5213 because the changes improve the clarity of the rule and better align the LIP with the SIP.
C. Rule 1.5214, Commencement of Operation The April 24, 2020, revision modifies Rule 1.5214, Commencement of Operation, by updating the list of permitting rules triggering an inspection within 90 days after MCAQ receives a notification of completion. EPA last approved changes to the LIP-approved version of the rule on June 30, 2003. See 68 FR 38631. Rule 1.5214 outlines, among other things, the requirements for a permittee to notify MCAQ of the completion of construction, alteration, or installation and its intent to commence operation and identifies the sources subject to inspection within 90
days after providing such notice. The change updates the reference to MCAQs rule on National Emissions Standards for Hazardous Air Pollutants from Rule 2.0525 to Rule 2.1110.6 EPA is proposing to approve the update to Rule 1.5214 because the change corrects an erroneous cross-reference.
D. Rule 1.5215, Application Processing Schedule The April 24, 2020, revision modifies Rule 1.5215, Application Processing Schedule, by making minor regulatory updates and grammatical corrections.
This rule outlines a schedule that MCAQ must follow for processing applications for permits, permit modifications, and permit renewals.
EPA last approved changes to the LIPapproved version of the rule on June 30, 2003. See 68 FR 38631. The regulatory revision states the Director shall cease processing of an application if it contains insufficient information to complete a review. Previously, the Rule stated that the Director may return the application if incomplete. The North Carolina SIP has an analog rule at 15A
NCAC 02Q .0312, Application Processing Schedule, which EPA most recently revised on March 1, 2021. See 86 FR 11875. EPA is proposing to 6 Although not shown by underlined text as a change in the January 21, 2016, submittal, this correction is the only change made to the LIPapproved version of Rule 1.5214.
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approve the updates to Rule 1.5214
because the changes are minor in nature and better align the LIP with the SIP.
E. Rule 1.5217, Confidential Information The April 24, 2020, revision includes Rule 1.5217, Confidential Information, regarding the submittal, evaluation, and handling of confidential information.
The North Carolina SIP has an analog rule at 15A NCAC 02Q .0107, Confidential Information, which EPA
most recently revised on July 17, 2020.
See 85 FR 43461. EPA is proposing to incorporate Rule 1.5217 into the LIP to better align the LIP with the SIP.
F. Rule 1.5218, Compliance Schedule for Previously Exempted Activities The April 24, 2020, revision includes Rule 1.5218, Compliance Schedule for Previously Exempted Activities, which contains the schedule for permit application or revision for sources that were exempt from permitting but are now required to be permitted because of a change in permit exemptions or because the source became subject to 40
CFR part 63. The North Carolina SIP has an analog rule at 15A NCAC 02Q .0109, Compliance Schedule for Previously Exempted Activities, which EPA most recently revised on July 17, 2020. See 85
FR 43461. EPA is proposing to approve incorporate Rule 1.5218 into the LIP to add certainty regarding the permitting schedule for certain facilities and better align the LIP with the SIP.
G. Rule 1.5219, Retention of Permit at Permitted Facility The April 24, 2020, revision modifies Rule 1.5219, Retention of Permit at Permitted Facility, by making minor grammatical corrections. EPA
incorporated this rule into the LIP on July 28, 1995, and it requires permitted facilities to retain copies of all active permits at the facility identified in the permit. See 60 FR 38715. The North Carolina SIP has an analog rule at 15A
NCAC 02Q .0110, Retention of Permit at Permitted Facility, which EPA most recently revised on July 17, 2020. See 85
FR 43461. EPA is proposing to approve the updates to Rule 1.5219 because they are minor grammatical corrections and better align the LIP with the SIP.
H. Rule 1.5220, Applicability Determinations The April 24, 2020, revision includes Rule 1.5220, Applicability Determinations, which states that any person can write the Director requesting a determination as to whether a source that the person owns or operates or proposes to own or operate is subject to
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