[Federal Register Volume 64, Number 217 (Wednesday, November 10, 1999)]
[Rules and Regulations]
[Pages 61213-61217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27931]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-087-1-9939a; FRL-6463-6]
Approval and Promulgation of Implementation Plans: Approval of
Revisions to the North Carolina State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On July 29, 1998, the State of North Carolina, through the
North Carolina Department of Environment and Natural Resources (NCDENR)
submitted miscellaneous revisions to the North Carolina State
Implementation Plan (SIP). These revisions include but are not limited
to, clarifying rules for the control of particulate emissions, adding
requirements for expedited permit processing, revising the Division
name and address, and amending case-by-case MACT language. EPA is
approving these revisions because they are consistent with the
requirements set forth in the Clean Air Act (CAA) amendments of 1990.
DATES: This direct final rule is effective January 10, 2000, without
further notice, unless EPA receives adverse comment by December 10,
1999. 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: All comments should be addressed to: Gregory Crawford at the
U.S. Environmental Protection Agency, 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:
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460.
Environmental Protection Agency, Region 4, Air Planning Branch, 61
Forsyth Street, SW, Atlanta, Georgia 30303-8960.
North Carolina Department of Environment and Natural Resources,
Division of Air Quality, 1641 Mail Service Center, Raleigh, North
Carolina 27699.
FOR FURTHER INFORMATION CONTACT: Gregory Crawford, Regulatory Planning
Section, Air Planning Branch, Air Pesticides and Toxics Management
Division at 404/562-9046.
SUPPLEMENTARY INFORMATION:
I. Background
On July 29, 1998, the State of North Carolina Department of
Environment and Natural Resources submitted revisions to amend, adopt,
and repeal multiple sections in the North Carolina Administrative Code.
These amendments address Subchapters 2D--Air Pollution Control
Requirements and 2Q--Air Quality Permits Requirements. Detailed
descriptions of the amendments are listed under ``Analysis of the
State's Submittal.''
II. Analysis of State's Submittal
15 A NCAC 2D .0101--Definitions, .0104--Incorporation by Reference,
.0105--Mailing List, .0202--Registration of Air Pollution Sources,
.0302--Episode Criteria, .0531--Sources in Nonattainment Areas, .0953--
Vapor Return Piping for Stage II Vapor Recovery, .1902--Definitions,
.1903--Permissible Open Burning Without a Permit, 15 A NCAC 2Q .0103--
Definitions, .0108--Delegation of Authority, .0307--Public
Participation Procedures
These regulations were amended to change the Division's name from
Division of Environmental Management to the Air Quality Division, due
to restructure of the organization.
15A NCAC 2Q .0207--Annual Emissions Reporting
This regulation was amended to add perchloroethylene to the list of
compounds in 15A NCAC 2Q .0207, since annual reporting of emissions is
required.
15A NCAC 2Q .0805--Grain Elevators, .0806--Cotton Gins, .0807--
Emergency Generators
These regulations were amended to revise the exclusionary levels
for permit fee purposes for both grain elevators and cotton gins and to
clarify that storage tanks that store fuel for an emergency generator
would not disqualify the generator from exclusionary rules.
15A NCAC 2D .0506--Particulates from Hot Mix Asphalt Plants, .0507--
Particulates From Chemical Fertilizer Manufacturing Plants, .0508--
Particulates From Pulp and Paper Mills, .0509--Particulates from Mica
or Feldspar Processing Plants, .0510--Particulates From Sand, Gravel,
or Crushed Stone Operations, .0511--Particulates From Lightweight
Aggregate Processes, .0513--Particulates From Portland Cement Plants,
.0514--Particulates From Ferrous Jobbing Foundries, .0515--Particulates
From Miscellaneous Industrial Processes, .0540--Particulates From
Fugitive Non-Process Dust Emission Sources
These regulations were adopted to clarify existing and adopt new
rules for the control of particulate emissions. The allowable emission
rates for the sections were simplified from a table format to a bullet
listing of emission rates for each section.
15A NCAC 2D .0521--Control of Visible Emissions
This regulation amends language to use consistent terminology in
the visible emissions rule.
15A NCAC 2D .0914--Determination of VOC Emission Control System
Efficiency
This regulation was amended to correct a deficiency identified by
the EPA in the procedures for determining capture efficiency. EPA
recommends capture efficiency protocols and test methods be determined
as described in the EPA document, EMTIC GD-035, ``Guidelines for
Determining Capture Efficiency.'' The State is incorporating this rule
by reference.
15A NCAC 2D. 0927--Bulk Gasoline Terminals
This regulation was amended to require bulk gasoline terminals to
weld or gasket deck seams on contact decks.
15A NCAC 2D. 0953--Vapor Return Piping for Stage II Vapor Recovery
This regulation was amended to require affected facilities (any
gasoline
[[Page 61214]]
service station or gasoline service station dispensing facility) to
install necessary piping for installation of the California Air
Resource Board certified Stage II vapor recovery systems.
15A NCAC 2Q .0101--Required Air Quality Permits, .0306--Permits
Requiring Public Participation, .0312--Application Processing Schedule
These regulations amend the case-by-case Maximum Achievable Control
Technology rules by incorporating details of the final federal
requirements into the existing State rules requiring and specifying
procedures for such determinations.
15A NCAC 2D .0938--Perchloroethylene Dry Cleaning System
This regulation was amended to remove an unnecessary rule since
perchloroethylene is no longer considered a volatile organic compound
for the formation of ozone.
15A NCAC 2Q .0312--Application Processing Schedule, .0313--Expedited
Processing Schedule, .0607 Application Processing Schedule
These regulations adopt rules for the implementation of expedited
permit processing procedures and amend the application processing
schedule rules.
III. Final Action
EPA is approving the aforementioned changes to the SIP because they
are consistent with the Clean Air Act and EPA requirements.
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 January 10, 2000
without further notice unless the Agency receives adverse comments by
December 10, 1999.
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 January 10, 2000 and no
further action will be taken on the proposed rule.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Orders on Federalism
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation.
In addition, E.O. 12875 requires EPA to develop an effective
process permitting elected officials and other representatives of
state, local, and tribal governments ``to provide meaningful and timely
input in the development of regulatory proposals containing significant
unfunded mandates.'' Today's rule does not create a mandate on state,
local or tribal governments. The rule does not impose any enforceable
duties on these entities. Accordingly, the requirements of section 1(a)
of E.O. 12875 do not apply to this rule.
On August 4, 1999, President Clinton issued a new executive order
on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999),)
which will take effect on November 2, 1999. In the interim, the current
Executive Order 12612, (52 FR 41685 (October 30, 1987),) on federalism
still applies. This rule will not have a substantial direct effect on
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 12612.
The rule affects only one State and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it does not involve
decisions intended to mitigate environmental health or safety risks.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation.
In addition, E.O. 13084 requires EPA to develop an effective
process permitting elected and other representatives of Indian tribal
governments ``to provide meaningful and timely input in the development
of regulatory policies on matters that significantly or uniquely affect
their communities.'' Today's rule does not significantly or uniquely
affect the communities of Indian tribal governments. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
[[Page 61215]]
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of Executive
Order 12875 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
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. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
I. Petitions for Judicial Review
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 January 10, 2000. 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, Hydrocarbons,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements.
Dated: October 5, 1999.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Chapter I, title 40, Code of Federal Regulations, 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. Section 52.1770(c) is amended by revising the entries for
Sections 2D Air Pollution Control Requirements: .0101, .0104, .0105,
.0202, .0302, .0506, .0507, .0508, .0509, .0510, .0511, .0513, .0514,
.0515, .0521, .0531, .0540, .0914, .0927, .0938, .0953, .1902, .1903
and Subchapter 2Q Air Quality Permits Requirements: .0101, .0103,
.0108, .0207, .0306, .0307, .0312, .0313, .0607, .0805, .0806, .0807,
to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) EPA approved regulations.
[[Page 61216]]
EPA Approved North Carolina Regulations
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State
State citation Title/subject effective EPA approval Explanation
date date
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Section .0101................... Definitions............. 1/15/98 11/10/99
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Section .0105................... Mailing List............ 1/15/98 11/10/99
* * * * * *
*
Section .0202................... Registration of Air 1/15/98 11/10/99
Pollution Sources.
* * * * * *
*
Section .0302................... Episode Criteria........ 1/15/98 11/10/99
* * * * * *
*
Section .0506................... Particulates from Hot 3/20/98 11/10/99
Mix Asphalt Plants.
Section .0507................... Particulates from 3/20/98 11/10/99
Chemical Fertilizer.
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
Section .0508................... Particulates from Pulp 3/20/98 11/10/99
and Paper Mills.
Section .0509................... Particulates from Mica 3/20/98 11/10/99
or Feldspar Processing.
Section .0510................... Particulates from Sand, 3/20/98 11/10/99
Gravel, or Crushed
Stone Operations.
Section . 0511.................. Particulates from 3/20/98 11/10/99
Lightweight Aggregate.
* * * * * *
*
Section .0513................... Particulates from 3/20/98 11/10/99
Portland Cement Plants.
Section .0514................... Particulates from 3/20/98 11/10/99
Ferrous Jobbing
Foundries.
---------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
Section .0521................... Control of Visible 3/20/98 11/10/99
Emissions.
* * * * * *
*
Section .0531................... Sources in Nonattainment 1/15/98 11/10/99
Areas.
* * * * * *
*
Section .0540................... Particulates from 3/20/98 11/10/99
Fugitive Non-Process
Dust Emission Sources.
* * * * * *
*
Section .0914................... Determination of VOC 3/20/98 11/10/99
Emission Control System
Efficiency.
* * * * * *
*
Section .0927................... Bulk Gasoline Terminals. 3/20/98 11/10/99
---------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Section .0953................... Vapor Return Piping for 1/15/98 11/10/99
Stage II Vapor Recovery.
Section .0953................... Vapor Return Piping for 3/20/98 11/10/99
Stage II Vapor Recovery.
* * * * * *
*
Section .1902................... Definitions............. 1/15/98 11/10/99
Section .1903................... Permissible Open Burning 1/15/98 11/10/99
Without a Permit.
---------------------------------
Subchapter 2Q Air Quality Permits Requirements
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Section .0101................... Required Air Quality 3/20/98 11/10/99
Permits.
---------------------------------
[[Page 61217]]
* * * * * *
*
Subchapter 2Q Air Quality Permits Requirements
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Section .0103................... Definitions............. 1/15/98 11/10/99
* * * * * *
*
Section .0207................... Annual Emissions 1/15/98 11/10/99
Reporting.
* * * * * *
*
Section .0306................... Permits Requiring Public 3/20/98 11/10/99
Participation.
Section .0307................... Public Participation 1/15/98 11/10/99
Procedures.
* * * * * *
*
Section .0312................... Application Processing 3/20/98 11/10/99
Schedule.
---------------------------------
Subchapter 2Q Air Quality Permits Requirements
* * * * * *
*
Section .0805................... Grain Elevators......... 1/15/98 11/10/99
Section .0806................... Cotton Gins............. 1/15/98 11/10/99
Section .0807................... Emergency Generators.... 1/15/98 11/10/99
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[FR Doc. 99-27931 Filed 11-9-99; 8:45 am]
BILLING CODE 6560-50-p
