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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations approved North Carolina regulations.1
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.2
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 July 2, 2021, NPRM provides additional detail regarding the background and rationale for EPAs action. Comments were due on or before August 2, 2021. EPA only received one comment, and it was in favor of this action. This comment will be posted in the docket for this action for public review.
II. Incorporation by Reference In this document, EPA is finalizing approval of regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is approving MCAPCO Rules 1.5301Special Enforcement Procedures; 1.5302Criminal Penalties;
1.5303Civil Injunction; 1.5304Civil Penalties; 1.5306Hearings; 1.5307
Judicial Review; 2.0301Purpose; and 2.0305Emission Reduction Plan: Alert Level, all of which have an effective date of December 15, 2015; as well as MCAPCO Rules 2.0101Definitions;
2.0201Classification of Air Pollution Sources; 2.0202Registration of Air Pollution Sources; 2.0302Episode Criteria; 2.0303Emission Reduction Plans; and 2.0304Preplanned Abatement Program, all of which have an effective date of December 18, 2018, into the Mecklenburg County portion of the North Carolina SIP to update the rules to more closely align them with their analog North Carolina rules in the 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 1 EPA notes that the April 24, 2020, submittal was received by EPA on June 19, 2020.
2 The April 24, 2020 submittal 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.

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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 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.3
III. Final Action EPA is taking final action to approve the aforementioned changes to the Mecklenburg LIP. Specifically, EPA is finalizing approval of revisions to MCAPCO Rules 1.5301Special Enforcement Procedures; 1.5302
Criminal Penalties; 1.5303Civil Injunction, 1.5304Civil Penalties;
1.5306Hearings; 1.5307Judicial Review; 2.0101Definitions; 2.0201
Classification of Air Pollution Sources;
2.0202Registration of Air Pollution Sources; 2.0301Purpose; 2.0302
Episode Criteria; 2.0303Emission Reduction Plans; 2.0304Preplanned Abatement Program; and 2.0305
Emission Reduction Plan: Alert Level.
EPA is taking final action to approve these revisions because they are consistent with the CAA.
IV. 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 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 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 3 See
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62 FR 27968 May 22, 1997.

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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, 2000, nor will it impose substantial direct costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register.
This action is not a major rule as defined by 5 U.S.C. 8042.
Under section 307b1 of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 29, 2021. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of
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