[Federal Register: September 17, 2003 (Volume 68, Number 180)]
[Rules and Regulations]
[Page 54362-54366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se03-7]
[[Page 54362]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC 106-200336(a); FRL-7558-9]
Approval and Promulgation of Implementation Plans North Carolina:
Miscellaneous Revisions to the North Carolina State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving the State Implementation Plan (SIP)
revisions submitted by the State of North Carolina on April 4, 2003,
for the purpose of establishing revisions to Volatile Organic Compounds
and other miscellaneous revisions.
DATES: This direct final rule is effective November 17, 2003, without
further notice, unless EPA receives adverse comment by October 17,
2003. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Comments may be submitted by mail to: Rosymar De La Torre
Colon, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Comments may also be submitted electronically, or through
hand delivery/courier. Please follow the detailed instructions
described in sections I.B.1.i. through iii. of the SUPPLEMENTARY
INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Rosymar De La Torre Colon, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is (404) 562-8965. Ms. De La Torre Colon can also be reached via
electronic mail at delatorre.rosymar@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under NC-106. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. The official public rulemaking
file is the collection of materials that is available for public
viewing at the Regulatory Development Section, Air Planning Branch,
Air, Pesticides and Toxics Management 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
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 9 to 3:30, excluding Federal
holidays.
2. Copies of the State submittal and EPA's technical support
document are also available for public inspection during normal
business hours, by appointment at the State Air Agency, North Carolina
Department of Environmental and Natural Resources, 512 North Salisbury
Street, Raleigh, North Carolina 27604.
3. Electronic Access. You may access this Federal Register document
electronically through the Regulation.gov Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking NC-106'' in the subject line on
the first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
delatorre.rosymar@epa.gov, please including the text ``Public comment
on proposed rulemaking NC-106'' in the subject line. EPA's e-mail
system is not an ``anonymous access'' system. If you send an e-mail
comment directly without going through Regulations.gov, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket.
ii. Regulation.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then select
Environmental Protection Agency at the top of the page and use the go
button. The list of current EPA actions available for comment will be
listed. Please follow the online instructions for
[[Page 54363]]
submitting comments. The system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: Rosymar De La Torre Colon,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Please
include the text ``Public comment on proposed rulemaking NC-106'' in
the subject line on the first page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: Rosymar
De La Torre Colon; Regulatory Development Section; Air Planning Branch;
Air, Pesticides and Toxics Management Division 12th floor; U.S.
Environmental Protection Agency Region 4; 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 9 to 3:30,
excluding Federal holidays.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.
II. Background
On April 4, 2003, the North Carolina Department of Environmental
and Natural Resources submitted revisions to the North Carolina SIP.
This submittal includes revisions to the Volatile Organic Compound
chapter and other miscellaneous revisions. A detailed analysis of the
major revisions are listed below.
III. Analysis of North Carolina's State Submittal, Subchapter 2D--Air
Pollution Control Requirements
Section .0100 Definitions and References
.0105 Mailing List
This rule was recodified to reference paragraph (d) and provides
the new mailing address.
Section .0500 Emission Control Standards
.0507 Particulates From Chemical Fertilizer Manufacturing Plants
This rule provides the definition for discharge from stacks or
chimneys.
.0509 Particulates From Mica or Feldspar Processing Plants
This rule is being revised to clarify that ``E'' is equal to the
maximum allowable emission rate for particulate matter in pounds per
hour and ``P'' equals the process weight in tons per hour.
.0515 Particulates From Miscellaneous Industrial Processes
This rule changes industrial processing rates from 60,000 pounds
per hour to 30 tons per hour.
.0516 Sulfur Dioxide Emissions From Combustion Sources
This rule is proposed to exclude 15A NCAC 2D .1205, .1206, and
.1210 from the Rule. These three incinerator rules must meet MACT
standards for sulfur dioxide.
Section .0900 Volatile Organic Compounds
.0912 General Provisions on Test Methods and Procedures
This rule is being revised to correct the name Division of Air
Quality Environmental Management to Division of Air Quality.
.0927 Bulk Gasoline Terminals
This rule defines degassing, liquid balancing, and liquid
displacement in terms of cleaning, inspection and repair. The owner of
such gas terminals shall also have copies on file of certification
test. Bulk gasoline storage tanks less than 138 gallons of liquid gas
are exempt from degassing requirements if vented in less than 24 hours.
.0932 Gasoline Truck Tanks and Vapor Collection Systems
This rule defines certified facility and its use.
.0952 Petition for Alternative Controls For RACT
This rule edits the owner or operator requirements.
.0954 Stage II Vapor Recovery
This rule revises the name, North Carolina Department of
Environment and Natural Resources from North Carolina Department of
Environment, Health, Environment and Natural Resources.
.0959 Petition for Superior Alternative Controls
This rule applies to all owners and operators of any volatile
organic compound source. By proving that alternative operational or
equipment controls can further reduce emissions superior to the
required controls, these
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owners and operators may petition for the use of the alternative
control. Particular petition requirements are provided.
IV. Final Action
EPA is approving the aforementioned changes to the SIP. The EPA is
publishing this rule without prior proposal because the Agency views
this as a noncontroversial submittal and anticipates no adverse
comments. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the SIP revision should adverse
comments be filed. This rule will be effective November 17, 2003,
without further notice unless the Agency receives adverse comments by
October 17, 2003.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on November 17, 2003, and
no further action will be taken on the proposed rule. Please note that
if we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a State rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 17, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: August 28, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
Chapter I, title 40, Code of Federal Regulations, is amended as
follows:
PART 52--[AMENDED]
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), table 1 is amended under subchapter 2D by
revising entries for: .0105, .0507, .0509, .0515, .0516, .0521, .0912,
.0927, .0932, .0952, .0954, and .0959 to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
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EPA Approved North Carolina Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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Subchapter 2D--Air Pollution Control Requirements
Section .0100--Definitions and References
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section .0105................ Mailing List............ 7/01/02 9/17/03
[Insert citation of
publication]
* * * * * * *
------------------------------
Section .0500--Emission Control Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 0507................. Particulates From 4/01/03 9/17/03
Chemical Fertilizer [Insert citation of
Manufacturing Plants. publication]
* * * * * * *
Section .0509................ Particulates From Mica 4/01/03 9/17/03
or Feldspar Processing [Insert citation of
Plants. publication]
* * * * * * *
Section .0515................ Particulates From 4/01/03 9/17/03
Miscellaneous [Insert citation of
Industrial Processes. publication]
Section .0516................ Sulfur Dioxide Emissions 4/01/03 9/17/03
From Combustion Sources. [Insert citation of
publication]
* * * * * * *
------------------------------
Section .0900--Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section .0912................ General Provisions on 4/01/03 9/17/03
Test Methods and [Insert citation of
Procedures. publication]
* * * * * * *
Section .0927................ Bulk Gasoline Terminals. 4/01/03 9/17/03
[Insert citation of
publication]
* * * * * * *
Section .0932................ Gasoline Truck Tanks and 4/01/03 9/17/03
Vapor Collection [Insert citation of
Systems. publication]
* * * * * * *
Section .0952................ Petition for Alternative 4/01/03 9/17/03
Controls For RACT. [Insert citation of
publication]
* * * * * * *
Section .0954................ Stage II Vapor Recovery. 4/01/03 9/17/03
[Insert citation of
publication]
* * * * * * *
Section .0959................ Petition for Alternative 4/01/03 9/17/03
Controls. [Insert citation of
publication]
* * * * * * *
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[FR Doc. 03-23580 Filed 9-16-03; 8:45 am]
BILLING CODE 6560-50-P