[Federal Register: December 27, 2002 (Volume 67, Number 249)]
[Rules and Regulations]
[Page 78987-78989]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de02-20]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-94;100-200305; FRL-7429-7]
Approval and Promulgation of Implementation Plans: North
Carolina: Nitrogen Oxides Budget and Allowance Trading Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of North Carolina, through the North Carolina
Department of Environmental and Natural Resources (NCDENR), on
September 18, 2001. This revision was submitted in response to the
EPA's regulation entitled, ``Finding of Significant Contribution and
Rulemaking for Certain States in the Ozone Transport Assessment Group
Region for Purposes of Reducing Regional Transport of Ozone,''
otherwise known as the NOX SIP Call. This revision
establishes and requires a nitrogen oxides (NOX) allowance
trading program for large electric generating and industrial units; and
reductions from internal combustion engines beginning in 2004. On
December 26, 2000, EPA determined that North Carolina had failed to
submit a SIP in response to the NOX SIP Call, thus starting
a 18 month clock for the mandatory imposition of sanctions and the
obligation for EPA to promulgate a Federal Implementation Plan (FIP)
within 24 months. On September 18, 2001, North Carolina submitted a
NOX SIP that was automatically deemed complete on March 18,
2002, stopping the sanctions clock. Through this Federal Register
notice, both the sanctions clock and EPA's FIP obligation are
terminated.
Separately, a vehicle inspection and maintenance program (I/M)
achieving NOX reductions has been approved. The NC
NOX SIP includes a budget demonstration and initial source
allocations that demonstrate that North Carolina will achieve the
required NOX emission reductions in accordance with the
timelines set forth in EPA's NOX SIP Call. The intended
effect of this SIP revision is to reduce emissions of NOX in
order to help areas in the Eastern United States attain the national
ambient air quality standard for ozone. EPA proposed approval of this
rule on June 24, 2002, (67 FR 42519) and received no adverse comments.
Therefore, EPA is approving North Carolina's NOX reduction
and trading program because it meets the requirements of the Phase I
and Phase II NOX SIP Call that will significantly reduce
ozone transport in the eastern United States.
EFFECTIVE DATE: This final rule is effective on January 27, 2003.
ADDRESSES: All comments should be addressed to: Randy Terry at the EPA,
Region 4 Air Planning Branch, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960.
Copies of documents relative to this action are available at the
following addresses for inspection during normal business hours:
Environmental Protection Agency, Region 4, Air Planning Branch, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
North Carolina Department of Environment and Natural Resources, 512
North Salisbury Street, Raleigh, North Carolina 27604.
FOR FURTHER INFORMATION CONTACT: Randy Terry, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, Environmental Protection Agency, Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-9032. Mr. Terry can also be reached via
electronic mail at terry.randy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 18, 2001, the North Carolina Department of
Environmental and Natural Resources (NCDENR) submitted a revision to
its SIP to meet the requirements of the NOX SIP Call. The
revision consisted of the adoption of a new chapter, NCAC 2D .1400
Nitrogen Oxides Emissions containing thirteen new regulations: .1401
Definitions, .1402 Applicability, .1403 Compliance Schedules, .1404
Recordkeeping, Reporting, Monitoring, .1409 Stationary Internal
Combustion Engines, .1416 Emission Allocations for Utility Companies,
.1417 Emission Allocations for Large Combustion Sources, .1418 New
Electric Generating Units, Large Boilers, and Large I/C Engines, .1419
Nitrogen Oxide Budget Trading Program, .1420 Periodic Review and
Reallocations, .1421 Allocation for New Growth of Major Point Sources,
.1422 Compliance Supplement Pool and Early Emission Reduction Credits,
and .1423 Large Internal Combustion Engines. On June 24, 2002, (67 FR
42519) EPA published a notice of proposed rulemaking (NPR) to approve
the September 18, 2001, SIP revision. That NPR provided for a public
comment period ending on July 24, 2002. A detailed description of this
SIP revision and EPA's rationale for approving it was provided in the
proposed notice and will not be restated here. No significant or
adverse comments were received on EPA's proposal. Within the June 24,
2002, NPR, EPA explained that the North Carolina NOX Call
Rule could not receive final approval until North Carolina had
submitted and received full approval of their I/M regulations. North
Carolina submitted these regulations to EPA on August 7, 2002. A direct
final notice approving these regulations was published on October 30,
2002, (67 FR 66096) and no adverse comments were received. The approval
of these regulations is therefore effective on December 30, 2002, as
stated in the direct final approval.
II. Final Action
EPA is approving North Carolina's SIP revision including its
NOX Reduction and Trading Program and Internal Combustion
engine rule, which was submitted on September 18, 2001. EPA finds that
North Carolina's submittal is fully approveable because it meets the
requirements of the NOX SIP Call.
[[Page 78988]]
III. Administrative Requirements
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. The approval of the
North Carolina NOX Reduction and Trading Program 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.
section 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 February 25, 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: December 2, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
2. In Sec. 52.1770 paragraph (b) is revised and paragraph (c) is
amended:
a. In table one, under subchapter 2D by adding, in numerical order,
a new entry for ``Section .1400 Nitrogen Oxides Emissions.''
b. Under section .1400 by adding, in numerical order, for new
entries ``.1401'', ``.1402'', ``.1403'', ``.1404'', ``.1409'',
``.1416'', ``.1417'', ``.1418'', ``.1419'', ``.1420'', ``.1421'',
``.1422'', and ``.1423''.
The revised and added material is set forth as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(b) Incorporation by reference.
(1) Material listed in paragraphs (c) and (d) of this section with
an EPA approval date prior to December 1, 2002, was approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of the approval, and notice of
any change in the material will be published in the Federal Register.
Entries in paragraphs (c) and (d) of this section with EPA approval
dates after December 1, 2002, will be incorporated by reference in the
next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of December 1, 2002.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW.,
Atlanta, GA 30303; the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC; or at the EPA, Air and
Radiation Docket and Information Center, Room B-108, 1301 Constitution
Avenue, (Mail Code 6102T) NW., Washington, DC 20460.
* * * * *
(c) * * *
[[Page 78989]]
Table 1--EPA Approved North Carolina Regulations
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State
State citation Title/subject effective date EPA approval date Comments
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Subchapter 2D
Air Pollution Control Requirements 2D
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Section .1400
Nitrogen Oxides Emissions
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Sect. .1401...................... Definitions........ 7/15/02 [Insert FR
citation].
Sect. .1402...................... Applicability...... 7/15/02 [Insert FR
citation].
Sect. .1403...................... Compliance 7/15/02 [Insert FR
Schedules. citation].
Sect. .1404...................... Recordkeeping, 7/15/02 [Insert FR
Reporting, citation].
Monitoring.
Sect. .1409...................... Stationary Internal 7/15/02 [Insert FR
Combustion Engines. citation].
Sect. .1416...................... Emission 7/15/02 [Insert FR
Allocations for citation].
Utility Companies.
Sect. .1417...................... Emission 7/15/02 [Insert FR
Allocations for citation].
large Combustion
Sources.
Sect. .1418...................... New Electric 7/15/02 [Insert FR
Generating Units, citation].
Large Boilers, and
Large I/C Engines.
Sect. .1419...................... Nitrogen Oxide 7/15/02 [Insert FR
Budget Trading citation].
Program.
Sect. .1420...................... Periodic Review and 7/15/02 [Insert FR
Reallocations. citation].
Sect. .1421...................... Allocation for New 7/15/02 [Insert FR
Growth of Major citation].
Point Sources.
Sect. .1422...................... Compliance 7/15/02 [Insert FR
Supplement Pool citation].
and Early Emission
Reduction Credits.
Sect. .1423...................... Large Internal 7/15/02 [Insert FR
Combustion Engines. citation].
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[FR Doc. 02-32562 Filed 12-26-02; 8:45 am]
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