Federal Register - March 1, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
On August 1, 1997 62 FR 41277, EPA approved the States annual emissions reporting requirement at 15A
NCAC Subchapter 02Q Section .0207,7 Annual Emissions Reporting, into the North Carolina SIP for the geographic areas designated as nonattainment for the 1979 ozone NAAQS.8 On January 31, 2008, North Carolina submitted a SIP revision adding the 1997 Charlotte Area to its annual emissions reporting requirement as a result of EPAs nonattainment designations for the 1997 8-hour ozone standard.9 On April 24, 2012 77 FR
24382, EPA approved that SIP revision and added the 1997 Charlotte Area to the annual emissions reporting requirement in the North Carolina SIP to meet the requirements of CAA section 182a3B.
Paragraph c of Section .0207 lists the geographic areas in North Carolina where owners or operators of certain non-title V facilities with actual emissions of 25 tpy or more of NOX or VOC are required to report by June 30th of each year the actual emissions of NOX
and VOC during the previous year.
Paragraph d identifies the date that the annual reporting requirement in paragraph c shall begin.
II. Analysis of States Submission EPA is approving North Carolinas July 10, 2019 SIP revision which amends the emissions reporting requirement at 15A NCAC Subchapter 02Q Section .0207, Annual Emissions Reporting. Specifically, the revision removes the annual emissions reporting requirement for certain non-Title V
facilities in geographic areas that have been redesignated to attainment for the 1979 1-hour ozone NAAQS and in the redesignated 1997 Charlotte Area, while retaining the requirement for the redesignated 2008 Charlotte Area.
Additionally, the revision updates the calendar year that the emissions reporting requirement begins from 2007
to 2017 in paragraph d and makes several minor editorial changes to the rule.
In a notice of proposed rulemaking NPRM published on October 27, 2020
85 FR 68026, EPA proposed to approve North Carolinas SIP revision. The October 27, 2020, NPRM provides 7 In the table of North Carolina regulations federally approved into the SIP at 40 CFR
52.1770c, 15A NCAC Subchapter 02Q is referred to as Subchapter 2Q Air Quality Permits.
8 Section .0207 also contains an annual reporting requirement at paragraph a for owners and operators of title V facilities in the State.
9 The SIP revision added Cabarrus, Lincoln, Rowan, and Union Counties and Davidson Township and Coddle Creek Township in Iredell County to the emissions reporting requirement.

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additional detail regarding the SIP
revision and rationale for EPAs action.
Comments on the October 27, 2020, NPRM were due on or before November 27, 2020.
III. Response to Comments EPA received one comment on the October 27, 2020, NPRM. A summary of the comment and EPAs response is provided below. The full comment is in the docket for this rulemaking.
Comment: The Commenter recommends that EPA freeze its actions until the Biden administration has the authority to promulgate rules and regulations. The Commenter then states that Leaving clean air and water to the states can be a mistake unless it is California which leads in regulatory emissions.
Response: The majority of the comment is beyond the scope of EPAs action on North Carolinas July 10, 2019
SIP submittal. With respect to this action, Section 110k of the CAA
requires EPA to approve SIP submittals that meet all applicable CAA
requirements and to do so within specific timeframes. EPA is approving the States submittal because the Agency has concluded that the submittal meets CAA requirements and the Commenter did not provide any information indicating otherwise. Furthermore, the statutory deadline to act on this submittal is January 10, 2021, prior to the change in presidential administration. EPAs statutory obligation to act on SIP submittals is not tolled due to a pending change in administration.
IV. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of 15A NCAC Subchapter 02Q Section .0207, Annual Emissions Reporting, state effective April 1, 2018, which removes the annual emissions reporting requirement for certain nonTitle V facilities; updates the calendar year when the annual emissions reporting requirement begins; and makes several minor editorial changes.
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.
Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are
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fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.10
V. Final Action EPA is approving North Carolinas July 10, 2019, SIP submission, which revises 15A NCAC Subchapter 02Q
Section .0207, Annual Emissions Reporting, state effective April 1, 2018, which removes annual emissions reporting requirement for certain nonTitle V facilities; updates the calendar year when the annual emissions reporting requirement begins; and makes several minor editorial changes.
EPA is approving this revision pursuant to the CAA.
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 that they meet the criteria of the CAA. This action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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 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;
10 See
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62 FR 27968 May 22, 1997.

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Federal Register - March 1, 2021

TitoloFederal Register

PaeseStati Uniti

Data01/03/2021

Conteggio pagine242

Numero di edizioni7798

Prima edizione14/03/1936

Ultima edizione18/06/2026

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