[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Rules and Regulations]
[Page 30689-30690]
[DOCID:fr02jn10-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0367; Airspace Docket No. 10-AWA-2]
RIN 2120-AA66

Modification of Class C Airspace; Beale Air Force Base, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the legal description of the Beale Air
Force Base (AFB), CA, Class C airspace area by allowing the hours of
operation to be announced in advance by a Notice to Airmen (NOTAM). The
effective hours of the Beale AFB Class C airspace area will be
consistent with the actual hours of operation of the Beale AFB Airport
Traffic Control Tower (ATCT).

DATES: Effective date 0901 UTC, June 18, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group,
Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The Beale AFB ATCT has reduced its hours of operation. During the
times that Beale ATCT is not operational, Class C ATC Services are not
available and the airspace reverts to Class E airspace. A requirement
for Class C airspace is an operational ATCT. During the times that
Beale ATCT is closed, Class C air traffic services are not available.
Therefore, there is a need to publish the effective hours of operation
for the Beale AFB Class C airspace area to coincide with those times
that Class C ATC services are available. The Beale AFB Class C airspace
area remains an essential safety measure in support of the ongoing
airport operational requirements.

The Rule

    This action amends Title 14 Code of Federal Regulations (CFR) part
71 by modifying the legal description of the Beale AFB, CA, Class C
airspace area. The Beale AFB Class C airspace area is designated
effective during the specific dates and times established in advance by
NOTAM. The effective days and times will thereafter be continuously
published in the Airport/Facility Directory, in concert with current
Beale AFB ATCT operating hours. During the times that Beale ATCT is not
operational, the airspace reverts to Class E airspace.
    Class C Airspace areas are published in paragraph 4000 of FAA Order
7400.9T signed August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class C airspace
listed in this document will be published subsequently in the Order.
    In consideration of the need to change the Beale AFB Class C
airspace effective hours of operation to be consistent with the actual
operating hours of the Beale AFB ATCT, and conform with FAA regulations
for Class C airspace, the FAA finds good cause, pursuant to U.S.C.
553(d), for making this amendment effective in less than 30 days in
order to promote the safe and efficient handling of air traffic in the
area.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies Class C airspace for Beale AFB, CA.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9T,
Airspace Designations and Reporting Points, signed August 27, 2009, and
effective September 15, 2009, is amended as follows:

Paragraph 4000 Subpart C--Class C Airspace.

* * * * *

AWP CA C Beale AFB, CA [Modified]

Beale AFB, CA
    (Lat. 39[deg]08'10'' N., long. 121[deg]26'12'' W.)

    That airspace extending upward from the surface to and including
4,100 feet MSL within a 5-mile radius of Beale AFB, and that
airspace extending upward from 1,600 feet MSL to 4,100 feet MSL
within a 10-mile radius of Beale AFB from the 127[deg] bearing from
the airport clockwise to the 007[deg] bearing from the airport, and
that airspace extending upward from 2,600 feet MSL to 4,100 feet MSL
within a 10-mile radius of the airport

from the 007[deg] bearing from the airport clockwise to the 127[deg]
bearing from the airport. This Class C airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory.

    Issued in Washington, DC, May 25, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-13137 Filed 6-1-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Notices]
[Pages 978-979]
[FR Doc No: 2013-00038]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2012-62]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
the FAA's regulatory activities. Neither publication of this notice nor
the inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before January 28, 2013.

ADDRESSES: You may send comments identified by Docket Number FAA-2012-
0361 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket

web site, anyone can find and read the comments received into any of
our dockets, including the name of the individual sending the comment
(or signing the comment for an association, business, labor union,
etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Forseth, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA
98057-3356; or Andrea Copeland, ARM-208, Office of Rulemaking, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; email<EMAIL_ADDRESS>(202) 267-8081.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on January 2, 2012.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2012-0361.
    Petitioner: BaySys Technologies.
    Section of 14 CFR Affected: Sec. Sec.  25.785(d), 25.807(c)(1),
25.807(c)(5), 25.809(f)(1), 25.813(b), 25.813(e), 25.857(e), and
25.1447(c)(1).
    Description of Relief Sought: Permit relief to allow carriage of 15
non-crewmembers (commonly referred to as supernumeraries) in a
compartment behind the flight deck on Boeing Model 747-400F airplanes.
[FR Doc. 2013-00038 Filed 1-4-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Rules and Regulations]
[Pages 10975-10979]
[FR Doc No: 2022-04113]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0055; FRL-8986-02-R4]

Air Plan Approval; North Carolina: Mecklenburg Volatile Organic
Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: 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 changes were 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 were received by EPA on June 19,
2020. The SIP revision updates several Mecklenburg County Air Pollution
Control Ordinance (MCAPCO) rules incorporated into the LIP, removes
several rules, and adds several rules. The rules addressed in this
final approval action relate to volatile organic compound (VOC)
emissions and include several VOC Reasonably Available Control
Technology (RACT) rules. EPA is finalizing the approval of these
changes pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective March 30, 2022.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0055. 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
30303-8960. 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 Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9029. Ms. Spann can also be reached via electronic mail at
[email protected].

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 prepared three submittals in order to update the LIP and reflect
regulatory and administrative changes that NCDAQ made to the North
Carolina SIP \1\ since EPA's 1991 LIP approval.\2\ 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 notices 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.\3\
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    \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\ The Mecklenburg County, North Carolina SIP revision that is
dated April 24, 2020, and received by EPA on June 19, 2020, is
comprised of three previous submittals--one dated January 21, 2016;
one dated October 25, 2017; and one dated January 14, 2019.
    \3\ EPA received the April 24, 2020, submittal on June 19, 2020.
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    The April 24, 2020, submittal updates several MCAPCO rules
incorporated into the LIP, removes two rules, and adds three rules to
better align the LIP with the North Carolina SIP. The January 21, 2016,
changes include updates to MCAPCO Rules 2.0926, Bulk Gasoline Plants;
2.0927, Bulk Gasoline Terminals; 2.0928, Gasoline Service Stations
Stage 1; and 2.0958, Work Practice for Sources of Volatile Organic
Compounds. The submittal also seeks to remove MCAPCO Rules 2.0910,
Alternative Compliance Schedules and 2.0929, Petroleum Refinery Sources
and add MCAPCO Rules 2.0947, Manufacture of Synthesized Pharmaceutical
Products; 2.0948, VOC Emissions from Transfer Operations; and 2.0949,
Storage of Miscellaneous Volatile Organic Compounds.\4\
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    \4\ EPA received other updates to the Mecklenburg County portion
of the North Carolina SIP transmitted with the same April 24, 2020,
cover letter. EPA has addressed or will address these other updates,
including changes to certain Section 2.2600 and Section 2.0900
rules, in separate rulemakings.
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    The January 21, 2016, submittal also asks EPA to reincorporate the
following rules with no changes or very few minor grammatical edits
into the LIP with a new effective date: MCAPCO Rules 2.0906,
Circumvention; 2.0918, Can Coating; 2.0919, Coil Coating; 2.0924,
Magnet Wire Coating; 2.0925, Petroleum Liquid Storage in Fixed Roof
Tanks; 2.0930, Solvent Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933,
Petroleum Liquid Storage in External Floating Roof Tanks; 2.0937,
Manufacture of Pneumatic Rubber Tires; and 2.0944, Manufacture of
Polyethylene, Polypropylene and Polystyrene.\5\
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    \5\ Hereinafter, the MCAPCO Rules will be identified by ``Rule''
and the accompanying number, e.g., Rule 2.0901.
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    On November 17, 2021, EPA published a notice of proposed rulemaking
(NPRM) proposing to approve the April 24, 2020, SIP revision regarding
updates to Mecklenburg's VOC rules. See 86 FR 64101. The November 17,
2021, NPRM provides additional detail regarding the background and
rationale for EPA's action. Comments on the November 17, 2021, NPRM
were due on or before December 17, 2021, and EPA received one comment.

II. Response to Comment

    As mentioned above, EPA received one comment on the November 17,
2021, NPRM. EPA's comment summary and response are provided below.
    Comment: The commenter limits their comment to the removal of Rule
2.0929--Petroleum Refinery Sources from the LIP and reiterates the fact
that removal is based, in part, on the absence of refineries in
Mecklenburg County. The commenter notes that the ``surrounding bi-state
metro area is comprised of more than six different counties in two
different states'' and that the ``petition to remove the Rule 2.0929
does not clarify if Rock Hill or Gastonia have refineries that pose a
leak hazard to the nearby inhabitants.'' The commenter goes on to state
that when Rule 2.0929 was implemented, there were more local areas in
the United States that did not have refineries than local areas that
did have refineries and that each local area does not have to petition
the CAA for removal of Rule 2.0929. The commenter provides population
data for Mecklenburg County and expresses concern that removal might
encourage an entrepreneur to construct a refinery in the Charlotte
local area to ``avoid implementing the provisions of the [CAA] rather
than building a refinery in an area that strictly reaches attainment of
the refinery leak Rule 2.0929.''
    Response: Rule 2.0929 was first adopted into the MCAPCO in 1979,
establishing requirements to meet the 1978 Petroleum Refinery Leaks
Control Technique Guidelines (CTG) for controlling VOC emissions from
petroleum refinery equipment,\6\ and incorporated into the LIP on May
2, 1991. See 56 FR 20140. Mecklenburg County was designated as a
Moderate ozone nonattainment area for the 1979 1-hour ozone national
ambient air quality standards (NAAQS) and the 1997 8-hour ozone
NAAQS.\7\ CAA section 182(b)(2) requires each state with an ozone
nonattainment area classified as Moderate or higher to include
requirements in its SIP implementing RACT for certain VOC sources
within the area, including for all VOC sources in the nonattainment
area that are covered by a CTG.
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    \6\ The Petroleum Refinery Leaks CTG is available at https://www3.epa.gov/airquality/ctg_act/197806_voc_epa450_2-78-036_leaks_refineery_equipment.pdf.
    \7\ Mecklenburg County was part of the Charlotte-Gastonia NC
1979 Moderate ozone NAAQS nonattainment area, comprised of
Mecklenburg and Gastonia Counties in North Carolina, and part of the
Charlotte-Gastonia-Rock Hill, NC-SC 1997 Moderate ozone NAAQS
nonattainment area, comprised of Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan and Union Counties and a portion of Iredell
County in North Carolina and a portion of York County in South
Carolina. EPA redesignated these areas to attainment in 1995 and
2013, respectively. See 60 FR 34859 (July 5, 1995) and 78 FR 72036
(December 2, 2013).
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    The April 24, 2020, SIP revision, submitted by North Carolina on
behalf of MCAQ, seeks to remove Rule 2.0929 from the LIP because there
are no petroleum refineries in Mecklenburg County \8\ and because MCAQ
would like the LIP to better align with the SIP.\9\ EPA's role, with
respect to a SIP revision, is focused on reviewing the submission to
determine whether it meets the minimum criteria of the CAA. Where it
does, EPA must approve the submission. EPA has reviewed the SIP
revision and determined that removal of Rule 2.0929 is consistent with
the CAA because, among other things, the rule does not apply to any
facilities in Mecklenburg County and, therefore, removal will not
impact air quality and because Mecklenburg County is designated as
attainment or attainment/unclassifiable for all ozone NAAQS and,
therefore, CAA section 182 no longer requires the LIP to implement the
Petroleum Refinery CTG.
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    \8\ The term ``petroleum refinery'' is defined at Rule
2.0929(a)(6).
    \9\ EPA removed the corresponding state rule, 15A NCAC 02D
.0929--Petroleum Refinery Sources, from the SIP on August 1, 1997.
See 62 FR 41277.
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    The commenter correctly notes that the SIP revision does not
discuss whether petroleum refineries exist in Rock Hill, South Carolina
or Gastonia, North Carolina. It was not necessary for the SIP revision
or the November 17, 2021, NPRM to discuss whether

petroleum refineries are located in those areas because Rule 2.0929
only applies within Mecklenburg County.
    Since Rule 2.0929 is limited to Mecklenburg County, EPA does not
find the statement regarding the number of local areas in the United
States with and without refineries to be relevant for this rulemaking.
It is also not clear what the commenter means by stating that each
local area does not have to petition the CAA for removal of Rule 2.0929
or how this statement is relevant. The scope of this action is limited
to Mecklenburg County. To the extent that other areas of the country
need to address RACT for sources covered by the Petroleum Refinery CTG,
EPA would evaluate the RACT requirement in the context of other
rulemakings for those other areas. As discussed above, a SIP must
include RACT for sources covered by the Petroleum Refinery CTG only
when the state contains an ozone nonattainment area classified as
Moderate or higher, and implementation is only required within the
nonattainment area.
    The commenter is concerned that removal might encourage a refinery
to locate in the Charlotte local area to ``avoid implementing the
provisions of the CAA rather than building a refinery in an area that
strictly reaches attainment of the refinery leak Rule 2.0929'' and
provides population data for Mecklenburg County. However, this comment
is unclear because Rule 2.0929 does not apply in areas outside of
Mecklenburg County and the population of Mecklenburg County is
irrelevant. Furthermore, only those areas in the country that are
designated as a Moderate or higher ozone nonattainment area must have
SIPs that implement the Petroleum Refinery CTG and there are no ozone
nonattainment areas in North Carolina or South Carolina. If a petroleum
refinery wants to locate in the Charlotte area, it would have to meet
all relevant CAA requirements, including new source review permitting
requirements that apply before construction and are designed to protect
the NAAQS. Should the Charlotte area become an ozone nonattainment area
with a Moderate or higher classification in the future, the area would
be required to address RACT for all sources covered by all CTGs
applicable at that time.

III. 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 MCAPCO Rules
2.0906, Circumvention; 2.0918, Can Coating; 2.0919, Coil Coating;
2.0924, Magnet Wire Coating; 2.0925, Petroleum Liquid Storage in Fixed
Roof Tanks; 2.0926, Bulk Gasoline Plants; 2.0927, Bulk Gasoline
Terminals; 2.0928, Gasoline Service Stations Stage I; 2.0930, Solvent
Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933, Petroleum Liquid
Storage in External Floating Roof Tanks; 2.0937, Manufacture of
Pneumatic Rubber Tires; 2.0944, Manufacture of Polyethylene,
Polypropylene and Polystyrene; 2.0947, Manufacture of Synthesized
Pharmaceutical Products; 2.0948, VOC Emissions from Transfer
Operations; 2.0949, Storage of Miscellaneous Volatile Organic
Compounds; and 2.0958, Work Practice for Sources of Volatile Organic
Compounds, all of which have an effective date of December 15, 2015,
into the Mecklenburg County portion of the North Carolina SIP to update
the rules to more closely align with their analog North Carolina rules
in the SIP. Also in this document, EPA is finalizing the removal of
Rules 2.0910, Alternative Compliance Schedules and 2.0929, Petroleum
Refinery Sources from the Mecklenburg portion of the North Carolina
SIP, which were incorporated by reference in accordance with the
requirements of 1 CFR part 51. 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, the revised materials as stated above, 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 EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\10\
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    \10\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the aforementioned changes to the Mecklenburg LIP.
Specifically, EPA is approving changes to MCAPCO Rules 2.0926, Bulk
Gasoline Plants; 2.0927, Bulk Gasoline Terminals; 2.0928, Gasoline
Service Stations Stage 1; and 2.0958, Work Practice for Sources of
Volatile Organic Compounds. EPA is finalizing the removal of Rules
2.0910, Alternative Compliance Schedules and 2.0929, Petroleum Refinery
Sources and the addition of Rules 2.0947, Manufacture of Synthesized
Pharmaceutical Products; 2.0948, VOC Emissions from Transfer
Operations; and 2.0949, Storage of Miscellaneous Volatile Organic
Compounds. EPA is taking final action to approve these changes to the
LIP because they are consistent with the CAA.
    EPA is also taking final action to reincorporate the following
rules with no changes or very few minor grammatical edits with a new
effective date into the LIP: MCAPCO Rules 2.0906, Circumvention;
2.0918, Can Coating; 2.0919, Coil Coating; 2.0924, Magnet Wire Coating;
2.0925, Petroleum Liquid Storage in Fixed Roof Tanks; 2.0930, Solvent
Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933, Petroleum Liquid
Storage in External Floating Roof Tanks; 2.0937, Manufacture of
Pneumatic Rubber Tires; and 2.0944, Manufacture of Polyethylene,
Polypropylene and Polystyrene.

V. 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. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's 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 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. 104-4);
     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 12(d) 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.
804(2).
    Under section 307(b)(1) 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 April 29, 2022. 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 such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: February 17, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  -42 U.S.C. 7401 et seq.

Subpart II--North Carolina

0
2. In Sec.  52.1770(c)(3), amend the table under ``Section 2.0900
Volatile Organic Compounds'' by:
0
a. Removing the entries for ``Section 2.0906'', ``Section 2.0918'',
``Section 2.0919'', ``Section 2.0924'', ``Section 2.0925'', ``Section
2.0926'', ``Section 2.0927'', ``Section 2.0928'', ``Section 2.0930'',
``Section 2.0931'', ``Section 2.0933'', ``Section 2.0937'', ``Section
2.0944'', and ``Section 2.0958'', and adding in their place entries for
``Rule 2.0906'', ``Rule 2.0918'', ``Rule 2.0919'', ``Rule 2.0924'',
``Rule 2.0925'', ``Rule 2.0926'', ``Rule 2.0927'', ``Rule 2.0928'',
``Rule 2.0930'', ``Rule 2.0931'', ``Rule 2.0933'', ``Rule 2.0937'',
``Rule 2.0944'', and ``Rule 2.0958'';
0
b. Removing the entries for ``Section 2.0910'' and ``Section 2.0929'';
and
0
c. Adding entries for ``Rule 2.0947'', ``Rule 2.0948'' and ``Rule
2.0949'' below the entry for ``Section 2.0945''.
    The additions read as follows:

Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                 (3) EPA Approved Mecklenburg County Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval
        State citation            Title/subject    effective date        date                Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Section 2.0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Rule 2.0906...................  Circumvention....      12/15/2015  2/28/2022,        ...........................
                                                                    [Insert
                                                                    citation of
                                                                    publication].

                                                  * * * * * * *
Rule 2.0918...................  Can Coating......      12/15/2015  2/28/2022,        ...........................
                                                                    [Insert
                                                                    citation of
                                                                    publication].
Rule 2.0919...................  Coil Coating.....      12/15/2015  2/28/2022,        ...........................
                                                                    [Insert
                                                                    citation of
                                                                    publication].

                                                  * * * * * * *
Rule 2.0924...................  Magnet Wire            12/15/2015  2/28/2022,        ...........................
                                 Coating.                           [Insert
                                                                    citation of
                                                                    publication].
Rule 2.0925...................  Petroleum Liquid       12/15/2015  2/28/2022,        ...........................
                                 Storage in Fixed                   [Insert
                                 Roof Tanks.                        citation of
                                                                    publication].
Rule 2.0926...................  Bulk Gasoline          12/15/2015  2/28/2022,        ...........................
                                 Plants.                            [Insert
                                                                    citation of
                                                                    publication].
Rule 2.0927...................  Bulk Gasoline          12/15/2015  2/28/2022,        ...........................
                                 Terminals.                         [Insert
                                                                    citation of
                                                                    publication].

Rule 2.0928...................  Gasoline Service       12/15/2015  2/28/2022,        ...........................
                                 Stations Stage 1.                  [Insert
                                                                    citation of
                                                                    publication].
Rule 2.0930...................  Solvent Metal          12/15/2015  2/28/2022,        ...........................
                                 Cleaning.                          [Insert
                                                                    citation of
                                                                    publication].
Rule 2.0931...................  Cutback Asphalt..      12/15/2015  2/28/2022,        ...........................
                                                                    [Insert
                                                                    citation of
                                                                    publication].

                                                  * * * * * * *
Rule 2.0933...................  Petroleum Liquid       12/15/2015  2/28/2022,        ...........................
                                 Storage in                         [Insert
                                 External                           citation of
                                 Floating Roof                      publication].
                                 Tanks.

                                                  * * * * * * *
Rule 2.0937...................  Manufacture of         12/15/2015  2/28/2022,        ...........................
                                 Pneumatic Rubber                   [Insert
                                 Tires.                             citation of
                                                                    publication].

                                                  * * * * * * *
Rule 2.0944...................  Manufacture of         12/15/2015  2/28/2022,        ...........................
                                 Polyethylene,                      [Insert
                                 Polypropylene                      citation of
                                 and Polystyrene.                   publication].

                                                  * * * * * * *
Rule 2.0947...................  Manufacture of         12/15/2015  2/28/2022,        ...........................
                                 Synthesized                        [Insert
                                 Pharmaceutical                     citation of
                                 Products.                          publication].
Rule 2.0948...................  VOC Emissions          12/15/2015  2/28/2022,        ...........................
                                 from Transfer                      [Insert
                                 Operations.                        citation of
                                                                    publication].
Rule 2.0949...................  Storage of             12/15/2015  2/28/2022,        ...........................
                                 Miscellaneous                      [Insert
                                 Volatile Organic                   citation of
                                 Compounds.                         publication].

                                                  * * * * * * *
Rule 2.0958...................  Work Practice for      12/15/2015  2/28/2022,        ...........................
                                 Sources of                         [Insert
                                 Volatile Organic                   citation of
                                 Compounds.                         publication].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-04113 Filed 2-25-22; 8:45 am]
BILLING CODE 6560-50-P