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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Proposed Rules .0408Lead and is consistent with EPAs primary and secondary NAAQS
for lead specified at 40 CFR 50.16.
8. Rule 2.0410PM2.5 Particulate Matter is added as a new rule to address EPAs primary annual and 24-hour NAAQS for PM2.5. This rule is consistent with EPAs annual and 24hour PM2.5 standard at 40 CFR 50.18
and corresponds with the North Carolina SIPs analog rule at 15A NCAC
02D .0410PM2.5 Particulate Matter.
EPA is proposing to approve the incorporation of the aforementioned MCAPCO rules into the Mecklenburg LIP because these rules add clarity to the LIP and are consistent with the CAA
and applicable regulations.
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, EPA is proposing to incorporate by reference the Mecklenburg County Pollution Control Ordinance Rules 2.0401
Purpose; 2.0402Sulfur Oxides;
2.0404Carbon Monoxide; 2.0405
Ozone; 2.0407Nitrogen Dioxide;
2.0408Lead; and 2.0410PM2.5
Particulate Matter, all which have an effective date of December 18, 2018; as well as Rule 2.0403Total Suspended Particulates, with an effective date of December 15, 2015. EPA has made, and will continue to make, these materials generally available through www.regulations.gov 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 and incorporate into the LIP changes to MCAPCO Rules 2.0401Purpose;
2.0402Sulfur Oxides; 2.0404Carbon Monoxide; 2.0405Ozone; 2.0407

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Nitrogen Dioxide; and 2.0408Lead, as well as the addition of Rule 2.0410
PM2.5 Particulate Matter, all which have an effective date of December 18, 2018.
Additionally, EPA is proposing to approve and incorporate into the LIP
Rule 2.0403Total Suspended Particulates with an effective date of December 15, 2015. EPA has determined that these changes and additions meet the applicable requirements of Section 110 of the CAA and the applicable regulatory requirements at 40 CFR part 51.
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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided they meet the criteria of the CAA. 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:
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;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
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.;
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. 1044;

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Does not have Federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of Section 12d 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 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 20, 2021.
John Blevins, Acting Regional Administrator, Region 4.
FR Doc. 202120647 Filed 92321; 8:45 am BILLING CODE 656050P

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