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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
Article 1.0000 permitting requirements.
The North Carolina SIP has an analog rule at 15A NCAC 02Q .0111, Applicability Determinations, which EPA most recently revised on July 17, 2020. See 85 FR 43461. EPA is proposing to incorporate Rule 1.5218
into the LIP to better align the LIP with the SIP.

Section 1.5200 and for violations of a Section 1.5200 permit. EPA last approved changes to Rule 1.5232 on June 30, 2003. See 68 FR 38631. EPA is proposing to approve the updates to Rule 1.5215 because the changes are minor grammatical corrections.

I. Rule 1.5221, Permitting of Numerous Similar Facilities The April 24, 2020, revision modifies Rule 1.5221, Permitting of Numerous Similar Facilities, by making grammatical corrections. EPA
incorporated this rule into the LIP on July 28, 1995, and it states that the Director shall not issue a single permit for multiple facilities unless there is no difference between the facilities that would require special permit conditions for any individual facility and no unique analysis is required for any facility covered by the permit. See 60 FR
38715. The North Carolina SIP has an analog rule at 15A NCAC 02Q .0310, Permitting of Numerous Similar Facilities, which EPA most recently revised on March 1, 2021. See 86 FR
11875. EPA is proposing to approve the updates to Rule 1.5221 because they are minor grammatical corrections and better align the LIP with the SIP.

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 incorporated by reference MCAPCO Rule 1.5214Commencement of Operation, which has an effective date of December 15, 2015; and Rules 1.5212Applications; 1.5213Action on Application; Issuance of Permit;
1.5215Application Processing Schedule; 1.5217Confidential Information; 1.5218Compliance Schedule for Previously Exempted Activities; 1.5219Retention of Permit at Permitted Facility; 1.5220
Applicability Determinations; 1.5221
Permitting of Numerous Similar Facilities; 1.5222Permitting of Facilities at Multiple Temporary Sites;
and 1.5232Issuance, Revocation, and Enforcement of Permits, all of which have an effective date of December 18, 2018, into the Mecklenburg County portion of the North Carolina SIP. 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.

J. Rule 1.5222, Permitting of Facilities at Multiple Temporary Sites The April 24, 2020, revision modifies Rule 1.5222, Permitting of Facilities at Multiple Temporary Sites, by making minor grammatical corrections. EPA
initially incorporated this rule into the LIP on July 28, 1995, which governs the permitting of a facility or source at multiple temporary operating sites. See 60 FR 38715. The North Carolina SIP
has an analog rule at 15A NCAC 02Q
.0311, Permitting of Facilities at Multiple Temporary Sites, which EPA
most recently revised on March 1, 2021.
See 86 FR 11875. EPA is proposing to approve the updates to Rule 1.5222
because the changes are minor grammatical corrections and better align the LIP with the SIP.
K. Rule 1.5232, Issuance, Revocation, and Enforcement of Permits The April 24, 2020, revision modifies Rule 1.5232, Issuance, Revocation, and Enforcement of Permits, by making minor grammatical corrections. Among other things, this rule identifies criteria for revoking or modifying a permit issued under Section 1.5200Air Quality Permits or Section 1.5600
Transportation Facility Procedures and enforcement provisions for the failure to apply for and obtain a permit under
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IV. Incorporation by Reference
V. Proposed Action EPA is proposing to approve the aforementioned changes to the Mecklenburg LIP. Specifically, EPA is proposing to approve 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. Additionally, EPA is proposing to approve MCAPCO
Rules 1.5217Confidential Information;
1.5218Compliance Schedule for Previously Exempted Activities; and 1.5220Applicability Determinations into the LIP. EPA is proposing to approve these changes because they are consistent with the CAA.

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VI. 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;
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,
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