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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR04OAR20210354; FRL895802
R4

Air Plan Approval; North Carolina;
Mecklenburg Air Quality Permit Rules Revisions Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

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, and was received by EPA on June 19, 2020. The revision updates several Mecklenburg County Air Pollution Control Ordinance MCAPCO
rules incorporated into the LIP and adds several rules. EPA is approving these changes pursuant to the Clean Air Act CAA or Act.
DATES: This rule is effective January 3, 2022.
ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPAR04OAR
20210354. All documents in the docket are listed on the www.regulations.gov 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 www.regulations.gov 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 303038960. 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 Offices official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Evan Adams, Air Regulatory
lotter on DSK11XQN23PROD with RULES1

SUMMARY:

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Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 303038960.
The telephone number is 404 562
9009. Mr. Adams can also be reached via electronic mail at adams.evan@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Overview In a notice of proposed rulemaking NPRM published on September 17, 2021 86 FR 51848, EPA proposed to approve changes to several rules in the Mecklenburg County LIP. The April 24, 2020, submittal includes changes and updates to the following rules to more closely align them with their analog SIPapproved North Carolina regulations.1
The January 21, 2016, changes from MCAQ include updates to MCAPCO
Rule 1.5214Commencement of Operation; and the January 14, 2019, changes from MCAQ include updates to MCAPCO Rules 1.5212Applications;
1.5213Action on Application;
Issuance of Permit; 1.5215Application Processing Schedule; 1.5219Retention of Permit at Permitted Facility; 1.5221
Permitting of Numerous Similar Facilities; 1.5222Permitting of Facilities at Multiple Temporary Sites;
and 1.5232Issuance, Revocation, and Enforcement of Permits.2 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.3
The submittal also asks EPA to reincorporate the following rules into the LIP with a new effective date:
MCAPCO Rules 1.5301, Special Enforcement Procedures; 1.5302, Criminal Penalties; 1.5303, Civil Injunction; 1.5304, Civil Penalties;
1.5306, Hearings; 1.5307, Judicial Review; 2.0301, Purpose; and 2.0305, Emission Reduction Plant: Alert Level.
The text of these rules has not changed.
The September 17, 2021, NPRM
provides detail regarding the background and rationale for EPAs action. Comments were due on or before October 18, 2021, and EPA received 1 EPA notes that the April 24, 2020, submittal was received by EPA on June 19, 2020.
2 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.
3 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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three comment submittals. Two submittals are from one individual hereinafter the Commenter, are similar in nature, and are addressed below. The third submittal simply thanked EPA. These comments are available in the docket for this action.
Comment: The Commenter is disappointed that the majority of the MCAPCO rules have not been updated by EPA, NCDAQ, or MCAQ since 2003
and notes that recent discoveries have been made regarding the detrimental effects of air pollution in urban areas such as Mecklenburg County. The Commenter is pleased that changes are being made to the MCAPCO rules and states that continuously reviewing and updating air pollution regulations in Mecklenburg County is vital to the public health and wellbeing of local residents.
Response: EPA does not have the authority to modify Mecklenburg Countys air quality rules. However, the County has updated a number of its MCAPCO rules since 2003 and submitted many of these updates to EPA
for incorporation into the LIP through the States April 24, 2020 SIP revision.
In this rulemaking, EPA is acting solely to incorporate the rules identified earlier in this section and discussed in the NPRM. The Agency will address the remainder of the rules contained in the SIP revision in separate actions.
The CAA establishes a system of cooperative federalism that sets specific roles for EPA and the states. In this system, EPA provides national leadership and sets national standards for environmental protection such as the National Ambient Air Quality Standards NAAQS.4 Pursuant to CAA sections 108 and 109, EPA must thoroughly review each NAAQS every five years to account for the latest scientific knowledge regarding the effects of the air pollutant on public health and welfare.5 EPA solicits public comment as part of each five-year review and invites the Commenter to share recent scientific discoveries regarding air pollution during those comment periods.
While EPA sets the NAAQS, states play a primary role in implementation.
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 4 See https www.epa.gov/criteria-air-pollutants/
naaqs-table for information regarding the current NAAQS.
5 See https www.epa.gov/criteria-air-pollutants/
process-reviewing-national-ambient-air-qualitystandards for information regarding EPAs five-year NAAQS review process.

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