03-16581. Approval and Promulgation of Air Quality Implementation Plans; Mecklenburg County, NC Update to Materials Incorporated by Reference

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; notice of administrative change.

SUMMARY:

EPA is revising the format of materials submitted by North Carolina that are incorporated by reference (IBR) into the Mecklenburg County portion of the North Carolina State implementation plan (SIP). The regulations affected by this update have been previously submitted by the Local agency through the State agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the Office of the Federal Register (OFR), Office of Air and Radiation Docket and Information Center, and the Regional Office.

EFFECTIVE DATE:

This action is effective July 9, 2003.

ADDRESSES:

SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, GA 30303; Office of Air and Radiation Docket and Information Center, Room B-108, 1301 Constitution Avenue, (Mail Code 6102T) NW., Washington, DC 20460, and Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Ms. Rosymar De La Torre Colon at the above Region 4 address or at [phone]. E-mail: [e-mail].

SUPPLEMENTARY INFORMATION:

The SIP is a living document which the State can revise as necessary to address the unique air pollution problems in the State. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997, (62 FR 27968) EPA revised the procedures for incorporating by reference Federally-approved SIPs, as a result of consultations between EPA and OFR. The description of the revised SIP document, IBR procedures and “Identification of plan” format are discussed in further detail in the May 22, 1997, Federal Register document. On October 22, 2002, EPA published a document in the Federal Register (67 FR 64999) beginning the table for Mecklenburg County, North Carolina IBR material. In this document EPA is doing the update to the material being IBRed.

EPA has determined that today's rule falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification only reflects existing law. Immediate notice in the CFR benefits the public by updating citations.

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 (Public Law 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. section 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 September 8, 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
• Incorporation by reference
• Intergovernmental relations
• Lead
• Nitrogen dioxide
• Ozone
• Particulate matter
• Reporting and recordkeeping requirements
• Sulfur oxides
• Volatile organic compounds

Dated: May 9, 2003.

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 for citation for part 52 continues to read as follows:

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

Subpart II

2. Section 52.1770 is amended by revising paragraph (b) and table 3 to paragraph (c) to read as follows:

§ 52.1770

Identification of plan.

* * * * *

(b) Incorporation by reference. (1) Material listed in paragraph (c) of this section with an EPA approval date prior to December 1, 2002, for North Carolina (Table 1 of the North Carolina State Implementation Plan) and January 1, 2003 for Mecklenburg County, North Carolina (Table 3 of the North Carolina State Implementation Plan), 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) of this section with EPA approval dates after January 1, 2003, 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 compilations 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 and Local implementation plans listed in paragraph (b)(1) of this section.

(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, Office of Air and Radiation Docket and Information Center, Room B-108, 1301 Constitution Avenue, (Mail Code 6102T) NW., Washington, DC 20460.

(c) * * *

Table 3.—EPA Approved Mecklenburg County Regulations

State citation	Title/subject	State effective date	EPA approval date	Comments
Article 1.000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain Sources, Title V and Toxic Air Pollutants
Section 1.5100 General Provisions and Administrations
1.5101	Declaration of Policy	06/14/1990	05/02/91, 56 FR 20140
1.5102	Definition of Terms	11/21/2000	10/22/02, 67 FR 64999
1.5103	Enforcement Agency	06/14/1990	05/02/91, 56 FR 20140
1.5104	General Duties and Powers of the Director, With the Approval of the Board	06/14/1990	05/02/91, 56 FR 20140
1.5111	General Recordkeeping, Reporting and Monitoring Requirements	07/01/96	06/30/03, 68 FR 38631
Section 1.5200 Air Quality Permits
1.5210	Purpose and Scope	06/14/1990	05/02/91, 56 FR 20140
1.5211	Applicability	11/21/2000	10/22/02, 67 FR 64999
1.5212	Applications	07/01/96	06/30/03, 68 FR 38631
1.5213	Action on Application; Issuance of Permit	07/01/96	06/30/03, 68 FR 38631
1.5214	Commencement of Operation	07/01/96	06/30/03, 68 FR 38631
1.5215	Application Processing Schedule	07/01/96	06/30/03, 68 FR 38631
1.5216	Incorporated By Reference	06/06/1994	07/28/95, 60 FR 38715
1.5217	Confidential Information	06/14/1990	05/02/91, 56 FR 20140
1.5218	Compliance Schedule for Previously Exempted Activities	06/14/1990	05/02/91, 56 FR 20140
1.5219	Retention of Permit at Permitted Facility	06/06/1994	07/28/95, 60 FR 38715
1.5220	Applicability Determinations	06/14/1990	05/02/91, 56 FR 20140
1.5221	Permitting of Numerous Similar Facilities	06/06/1994	07/28/95, 60 FR 38715
1.5222	Permitting of Facilities at Multiple Temporary Sites	06/06/1994	07/28/95, 60 FR 38715
1.5230	Permitting Rules and Procedures	06/14/1990	05/02/91, 56 FR 20140
1.5231	Permit Fees	07/01/96	06/30/03, 68 FR 38631
1.5232	Issuance, Revocation, and Enforcement of Permits	07/01/96	06/30/03, 68 FR 38631
1.5234	Hearings	06/06/1994	07/28/95, 60 FR 38715
1.5235	Expedited Application Processing Schedule	06/14/1990	05/02/91, 56 FR 20140
Section 1.5300 Enforcement; Variances; Judicial Review
1.5301	Special Enforcement Procedures	06/14/1990	05/02/91, 56 FR 20140
1.5302	Criminal Penalties	06/14/1990	05/02/91, 56 FR 20140
1.5303	Civil Injunction	06/14/1990	05/02/91, 56 FR 20140
1.5304	Civil Penalties	06/14/1990	05/02/91, 56 FR 20140
1.5305	Variances	07/01/96	06/30/03, 68 FR 38631
1.5306	Hearings	07/01/96	06/30/03, 68 FR 38631
1.5307	Judicial Review	06/14/1990	05/02/91, 56 FR 20140
Section 1.5600 Transportation Facility Procedures
1.5604	Judicial Review	07/01/96	06/30/03, 68 FR 38631
1.5607	Judicial Review	07/01/96	06/30/03, 68 FR 38631
Article 2.0000 Air Pollution Control Regulations and Procedures
Section 2.0100 Definitions And References
2.0101	Definitions	06/14/1990	05/02/91, 56 FR 20140
2.0104	Incorporated By Reference	06/14/1990	05/02/91, 56 FR 20140
Section 2.0200 Air Pollution Sources
2.0201	Classification of Air Pollution Sources	06/14/1990	05/02/91, 56 FR 20140
2.0202	Registration of Air Pollution Sources	06/14/1990	05/02/91, 56 FR 20140
Section 2.0300 Air Pollution Emergencies
2.0301	Purpose	06/14/1990	05/02/91, 56 FR 20140
2.0302	Episode Criteria	06/14/1990	05/02/91, 56 FR 20140
2.0303	Emission Reduction Plans	06/14/1990	05/02/91, 56 FR 20140
2.0304	Preplanned Abatement Program	06/14/1990	05/02/91, 56 FR 20140
2.0305	Emission Reduction Plan: Alert Level	06/14/1990	05/02/91, 56 FR 20140
2.0306	Emission Reduction Plan: Warning Level	06/14/1990	05/02/91, 56 FR 20140
2.0307	Emission Reduction Plan: Emergency Level	06/14/1990	05/02/91, 56 FR 20140
Section 2.0400 Ambient Air Quality Standards
2.0401	Purpose	06/14/1990	05/02/91, 56 FR 20140
2.0402	Sulfur Oxides	06/14/1990	05/02/91, 56 FR 20140
2.0403	Total Suspended Particulates	06/14/1990	05/02/91, 56 FR 20140
2.0404	Carbon Monoxide	06/14/1990	05/02/91, 56 FR 20140
2.0405	Ozone	06/14/1990	05/02/91, 56 FR 20140
2.0407	Nitrogen Dioxide	06/14/1990	05/02/91, 56 FR 20140
2.0408	Lead	06/14/1990	05/02/91, 56 FR 20140
2.0409	PM10 Particulate Matter	06/14/1990	05/02/91, 56 FR 20140
Section 2.0500 Emission Control Standards
2.0501	Compliance With Emission Control Standards	06/14/1990	05/02/91, 56 FR 20140
2.0502	Purpose	06/14/1990	05/02/91, 56 FR 20140
2.0503	Particulates from Fuel Burning Indirect Heat Exchangers	06/14/1990	05/02/91, 56 FR 20140
2.0504	Particulates from Wood Burning Indirect Heat Exchangers	06/14/1990	05/02/91, 56 FR 20140
2.0506	Particulates from Hot Mix Asphalt Plants	06/14/1990	05/02/91, 56 FR 20140
2.0507	Particulates from Chemical Fertilizer Manufacturing Plants	06/14/1990	05/02/91, 56 FR 20140
2.0508	Particulates from Pulp and Paper Mills	06/14/1990	05/02/91, 56 FR 20140
2.0509	Particulates from Mica or Feldspar Processing Plants	06/14/1990	05/02/91, 56 FR 20140
2.0510	Particulates from Sand, Gravel, or Crushed Stone Operations	06/14/1990	05/02/91, 56 FR 20140
2.0511	Particulates from Lightweight Aggregate Processes	06/14/1990	05/02/91, 56 FR 20140
2.0512	Particulates from Wood Products Finishing Plants	06/14/1990	05/02/91, 56 FR 20140
2.0513	Particulates from Portland Cement Plants	06/14/1990	05/02/91, 56 FR 20140
2.0514	Particulates from Ferrous Jobbing Foundries	06/14/1990	05/02/91, 56 FR 20140
2.0515	Particulates from Miscellaneous Industrial Processes	06/14/1990	05/02/91, 56 FR 20140
2.0516	Sulfur Dioxide Emissions from Combustion Sources	06/14/1990	05/02/91, 56 FR 20140
2.0517	Emissions From Plants Producing Sulfuric Acid	06/14/1990	05/02/91, 56 FR 20140
2.0518	Miscellaneous Volatile Organic Compound Emissions	11/21/2000	10/22/02, 67 FR 64999
2.0519	Control of Nitrogen Dioxide and Nitrogen Oxides Emissions	06/14/1990	05/02/91, 56 FR 20140
2.0523	Control of Conical Incinerators	11/21/2000	10/22/02, 67 FR 64999
2.0527	Emissions from Spodumene Ore Roasting	06/14/1990	05/02/91, 56 FR 20140
2.0530	Prevention of Significant Deterioration	06/14/1990	05/02/91, 56 FR 20140
2.0531	Sources in Nonattainment Areas	06/14/1990	05/02/91, 56 FR 20140
2.0532	Sources Contributing to an Ambient Violation	06/14/1990	05/02/91, 56 FR 20140
2.0533	Stack Height	06/14/1990	05/02/91, 56 FR 20140
2.0535	Excess Emissions Reporting and Malfunctions	06/14/1990	05/02/91, 56 FR 20140
2.0538	Control of Ethylene Oxide Emissions	06/14/1990	05/02/91, 56 FR 20140
2.0539	Odor Control of Feed Ingredient Manufacturing Plants	06/14/1990	05/02/91, 56 FR 20140
Section 2.0600 Monitoring: Recordkeeping: Reporting
2.0601	Purpose and Scope	06/14/1990	05/02/91, 56 FR 20140
2.0602	Definitions	06/14/1990	05/02/91, 56 FR 20140
2.0604	Exceptions to Monitoring and Reporting Requirements	06/14/1990	05/02/91, 56 FR 20140
2.0605	General Recordkeeping and Reporting Requirements	06/14/1990	05/02/91, 56 FR 20140
2.0606	Sources Covered by Appendix P of 40 CFR Part 51	06/14/1991	05/02/91, 56 FR 20140
2.0607	Large Wood and Wood-Fossil Fuel Combination Units	06/14/1990	05/02/91, 56 FR 20140
2.0608	Other Large Coal or Residual Oil Burners	06/14/1990	05/02/91, 56 FR 20140
2.0610	Delegation Federal Monitoring Requirements	11/21/2000	10/22/02, 67 FR 64999
2.0611	Monitoring Emissions From Other Sources	06/14/1990	05/02/91, 56 FR 20140
2.0612	Alternative Monitoring and Reporting Procedures	06/14/1990	05/02/91, 56 FR 20140
2.0613	Quality Assurance Program	06/14/1990	05/02/91, 56 FR 20140
2.0614	Compliance Assurance Monitoring	06/14/1990	05/02/91, 56 FR 20140
2.0615	Delegation	06/14/1990	05/02/91, 56 FR 20140
Section 2.0800 Transportation Facilities
2.0801	Purpose and Scope	06/14/1990	05/02/91, 56 FR 20140
2.0802	Definitions	06/14/1990	05/02/91, 56 FR 20140
2.0803	Highway Projects	06/14/1990	05/02/91, 56 FR 20140
2.0804	Airport Facilities	06/14/1990	05/02/91, 56 FR 20140
Section 2.0900 Volatile Organic Compounds
2.0901	Definitions	03/01/1991	06/23/94, 59 FR 32362
2.0902	Applicability	11/21/2000	10/22/02, 67 FR 64999
2.0903	Recordkeeping: Reporting: Monitoring	07/01/1991	06/23/94, 59 FR 32362
2.0906	Circumvention	06/14/1990	05/02/91, 56 FR 20140
2.0907	Equipment Installation Compliance Schedule	06/14/1990	05/02/91, 56 FR 20140
2.0909	Compliance Schedules for Sources In New Nonattainment Areas	06/14/1990	05/02/91, 56 FR 20140
2.0910	Alternate Compliance Schedule	06/14/1990	05/02/91, 56 FR 20140
2.0912	General Provisions on Test Methods and Procedures	07/01/1991	06/23/94, 59 FR 32362
2.0913	Determination of Volatile Content of Surface Coatings	03/01/1991	06/23/94, 59 FR 32362
2.0914	Determination of VOC Emission Control System Efficiency	06/14/1990	05/02/91, 56 FR 20140
2.0915	Determination of Solvent Metal Cleaning VOC Emissions	06/14/1990	05/02/91, 56 FR 20140
2.0916	Determination: VOC Emissions From Bulk Gasoline Terminals	06/14/1990	05/02/91, 56 FR 20140
2.0917	Automobile and Light-Duty Truck Manufacturing	06/14/1990	05/02/91, 56 FR 20140
2.0918	Can Coating	06/14/1990	05/02/91, 56 FR 20140
2.0919	Coil Coating	06/14/1990	05/02/91, 56 FR 20140
2.0920	Paper Coating	06/14/1990	05/02/91, 56 FR 20140
2.0921	Fabric and Vinyl Coating	06/14/1990	05/02/91, 56 FR 20140
2.0922	Metal Furniture Coating	06/14/1990	05/02/91, 56 FR 20140
2.0923	Surface Coating of Large Appliances	06/14/1990	05/02/91, 56 FR 20140
2.0924	Magnet Wire Coating	06/14/1990	05/02/91, 56 FR 20140
2.0925	Petroleum Liquid Storage in Fixed Roof Tanks	06/14/1990	05/02/91, 56 FR 20140
2.0926	Bulk Gasoline Plants	06/14/1990	05/02/91, 56 FR 20140
2.0927	Bulk Gasoline Terminals	06/14/1990	05/02/91, 56 FR 20140
2.0928	Gasoline Service Stations Stage I	06/14/1990	05/02/91, 56 FR 20140
2.0929	Petroleum Refinery	06/14/1990	05/02/91, 56 FR 20140
2.0930	Solvent Metal Cleaning	06/14/1990	05/02/91, 56 FR 20140
2.0931	Cutback Asphalt	06/14/1990	05/02/91, 56 FR 20140
2.0932	Gasoline Truck Tanks and Vapor Collection Systems	06/14/1990	05/02/91, 56 FR 20140
2.0933	Petroleum Liquid Storage in External Floating Roof Tanks	06/14/1990	05/02/91, 56 FR 20140
2.0934	Coating of Miscellaneous Metal Parts and Products	06/14/1990	05/02/91, 56 FR 20140
2.0935	Factory Surface Coating of Flat Wood Paneling	06/14/1990	05/02/91, 56 FR 20140
2.0936	Graphic Arts	06/14/1990	05/02/91, 56 FR 20140
2.0937	Manufacture of Pneumatic Rubber Tires	06/14/1990	05/02/91, 56 FR 20140
2.0939	Determination of Volatile Organic Compound Emissions	06/14/1990	05/02/91, 56 FR 20140
2.0940	Determination of Leak Tightness and Vapor Leaks	06/14/1990	05/02/91, 56 FR 20140
2.0941	Alternative Method for Leak Tightness	06/14/1990	05/02/91, 56 FR 20140
2.0942	Determination of Solvent in Filter Waste	06/14/1990	05/02/91, 56 FR 20140
2.0943	Synthetic Organic Chemical and Polymer Manufacturing	06/14/1990	05/02/91, 56 FR 20140
2.0944	Manufacture of Polyethylene, Polypropylene and Polystyrene	06/14/1990	05/02/91, 56 FR 20140
2.0945	Petroleum Dry Cleaning	06/14/1990	05/02/91, 56 FR 20140