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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules FOR FURTHER INFORMATION CONTACT:

Evan Adams, 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.
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 The 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 is now requesting that EPA approve updates to the LIP for general consistency with the North Carolina SIP.1 Mecklenburg County prepared three submittals in order to update the LIP and reflect regulatory and administrative changes that NCDAQ
made to the North Carolina SIP since EPAs 1991 LIP approval. 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 Due to an inconsistency with public notice at the local level, these submittals were withdrawn from EPA through a letter dated February 15, 2019.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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II. What action is EPA proposing to take?
The April 24, 2020, submittal includes changes and updates to the following rules to more closely align them with their analog SIP-approved North Carolina regulations. The January 14, 2019, the submission includes changes and updates to MCAPCO Rules 2.0101, Definitions; 2.0201, Classification of Air Pollution Sources;
2.0202, Registration of Air Pollution Sources; 2.0302, Episode Criteria;
2.0303, Emission Reduction Plans; and 2.0304, Preplanned Abatement Program.3
1 Hereinafter, the terms North Carolina SIP and SIP refer to the North Carolina regulatory portion of the North Carolina SIP i.e., the portion that contains SIP-approved North Carolina regulations.
2 EPA notes that the April 24, 2020, submittal was received by EPA on June 19, 2020.
3 The April 24, 2020 submittal contains changes to other Mecklenburg LIP-approved rules that are
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The submittal also asks EPA to reincorporate the following rules into the LIP with a new effective date. The January 21, 2016, submission includes updates to the effective dates of the following rules: 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 remainder of this section discusses the proposed changes to Rules 2.0101, 2.0201, 2.0202, 2.0302, 2.0303, and 2.0304.
Rule 2.0101, Definitions The April 24, 2020, revision modifies Rule 2.0101, Definitions, under Article 2.0000, Air Pollution and Control Regulations and Procedures, by updating terms and definitions, the formatting of units, and references to more closely align the rule with the SIPapproved state rule at 15A NCAC 02D
.0101, Definitions. Rule 2.0101 was first approved by EPA into the LIP on May 2, 1991 56 FR 20140, and defines certain terms used in Article 2.0000.
EPA most recently approved updates to 15A NCAC 02D .0101 in the SIP on July 17, 2020. See 85 FR 43461.
The changes to Rule 2.0101 reorganize the defined terms alphabetically, add several terms and definitions, and delete one term and definition. The revisions add the terms Administrator, Approved, Capture system, Control device, Day, Emission, Person, PM2.5, and Transportation facility, and remove the term Smoke density measuring device. 4
The terms and definitions in the revised version of Rule 2.0101 and the SIP at 15A NCAC 02D .0101, Definitions, only have a few differences.
These include several LIP-approved exceptions in the definition of Construction at 2.01019ad. These exemptions apply to a limited number of activities such as clearing and grading, building access roads, driveways, and parking lots, building and installing underground pipe work, and building ancillary structures, not addressed in this notice. EPA will be acting on those rules in separate actions.
4 The terms Approved, Capture system, Control device, Day, Emission, and Person also appear in the LIP-approved version of Rule 2.0901 with minor differences. The April 24, 2020
submittal seeks to remove these terms from Rule 2.0901, Definitions, under Article 2.9000, Volatile Organic Compounds, in effect moving them to Rule 2.0101; however, EPA is not proposing to act on the removal of these terms from Rule 2.0901 at this time. EPA will act on the changes to Rule 2.0901
in a separate action.

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including fences and office buildings that are not a necessary component of an air contaminant source, equipment, or associated cleaning device for which a permit is required.
EPA is proposing to approve the updates to Rule 2.0101 because they better align the LIP with the SIP and will not interfere with any applicable Clean Air Act CAA requirements.5
Rule 2.0201, Classification of Air Pollution Sources The April 24, 2020, revision modifies Rule 2.0201, Classification of Air Pollution Sources, under Article 2.0000, by making grammatical updates and clarifying that the classification system applies to all air pollution sources governed by the Article. Rule 2.0201
was first approved by EPA into the LIP
on May 2, 1991 56 FR 20140, and establishes a system to classify air pollution sources covered by Article 2.0000. The edits align 6 the rule with the SIP-approved state rule, 15A NCAC
02D .0201, Classification of Air Pollution Sources. EPA most recently incorporated updates to the state rule in North Carolinas SIP on April 10, 2019.
See 84 FR 14308. EPA is proposing to approve the updates to Rule 2.0201
because they better align the LIP with the SIP and will not interfere with any applicable CAA requirements.
Rule 2.0202, Registration of Air Pollution Sources The April 24, 2020, revision modifies Rule 2.0202, Registration of Air Pollution Sources, by adding a reference to the governing North Carolina statute at G.S. 143215.107a4. Rule 2.0202
was first approved by EPA into the LIP
on May 2, 1991 56 FR 20140, and identifies the information that an air pollution source must submit in order to register the source with MCAQ. The minor edits align 7 the rule with the current SIP-approved rule, 15A NCAC
02D .0202, Registration of Air Pollution Sources. EPA most recently incorporated updates to the state rule in North Carolinas SIP on April 10, 2019.
See 84 FR 14308. EPA is proposing to approve the updates to Rule 2.0202
5 Section 110l of the CAA 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.
6 The only differences between the revised version of 2.0201 and the SIP-approved version of 15A NCAC 02D .0201 tailor the rules to reference their respective governing bodies.
7 The only differences between the revised version of 2.0202 and the SIP-approved version of 15A NCAC 02D .0202 tailor the rules to reference their respective governing bodies.

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