[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Rules and Regulations]
[Pages 41277-41280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20365]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-82-9728(a); FRL-5863-6]


Approval and Promulgation of Revisions to North Carolina SIP 
Involving Open Burning and Other Miscellaneous Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 16, 1996, North Carolina submitted, through the 
Department of Environment, Health,

[[Page 41278]]

and Natural Resources, revisions to the North Carolina State 
Implementation Plan (SIP). These revisions include amendments and 
repeals of existing rules. The primary purpose of these revisions is to 
clarify the reasonably available control technology (RACT) standards 
and to make minor revisions to the Stage I and Stage II rules. This 
submittal also includes the adoption of rules governing open burning. 
The revisions relating to New Source Performance Standards are not 
being addressed in this document.

DATES: This final rule is effective September 30, 1997 unless adverse 
or critical comments are received by September 2, 1997. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments on this action should be addressed to Randy 
Terry at the Environmental Protection Agency, Region 4 Air Planning 
Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303.
    Copies of documents relative to this action are available for 
public inspection during normal business hours at the following 
locations. The interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day and reference file NC82-01-9728. The 
Region 4 office may have additional background documents not available 
at the other locations.

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.
North Carolina Department of Environment, Health, and Natural 
Resources, 512 North Salisbury Street, Raleigh, North Carolina 27604.

FOR FURTHER INFORMATION CONTACT: Randy Terry, Regulatory Planning 
Section, Air Planning Branch, Air, Pesticides & Toxics Management 
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street, 
SW, Atlanta, Georgia 30303. The telephone number is (404) 562-9032.

SUPPLEMENTARY INFORMATION: On August 16, 1996, the State of North 
Carolina Department of Environment, Health, and Natural Resources 
submitted revisions to amend, repeal, or adopt multiple sections in 
their North Carolina SIP. These amendments address RACT, Stage I and II 
and open burning. The amendments are as follows:

15A NCAC 2D .0101 Definitions, 15A NCAC 2Q .0103 Definitions, 15A NCAC 
2Q .0109 Compliance Schedule for Previously Exempted Activities, and 
15A NCAC 2Q .0207 Annual Emissions Reporting

    These rules were amended to clarify and correct permit processing 
and the permit fee rules.

15A NCAC 2D .0501 Compliance With Emission Control Standards, 15A NCAC 
2D .0516 Sulfur Dioxide Emissions From Combustion Sources, 15A NCAC 2D 
.0518 Miscellaneous Volatile Organic Compound Emissions, 15A NCAC 2D 
.0521 Control of Visible Emissions, 15A NCAC 2D .0535 Excess Emissions 
Reporting and Malfunctions, 15A NCAC 2D .0601 Purpose and Scope, 15A 
NCAC 2D .0604 Sources Covered by Implementation Plan Requirements, 15A 
NCAC 2D .0608 Program Schedule, and 15A NCAC 2D .0902 Applicability

    These rules were amended to update cross references to the section 
containing National Emission Standards for Hazardous Air Pollutants now 
that the NESHAPS section has been recodified.

15A NCAC 2D .0519 Control of Nitrogen Dioxide and Nitrogen Oxides 
Emissions

    This rule was amended to remove the emission control standard, for 
Nitrogen Dioxide, of .6 pounds per million British Thermal Units (BTU) 
of heat input from any oil or gas-fired boiler with a capacity of 250 
million BTU per hour or more and 1.3 pounds per million BTU of heat 
input from any coal-fired boiler with a capacity of 250 million BTU per 
hour or more. This change does not alter existing regulations that 
limit the emission control standard for Nitrogen Oxides from an oil or 
gas fired boiler with a capacity of 250 million BTU per hour to .8 
pounds per million BTU and limits coal-fired boilers with a capacity of 
250 million BTU per hour to 1.8 pounds per million BTU.

15A NCAC 2D .0520 Control and Prohibition of Open Burning

    This rule was repealed and is being replaced by the new rules found 
in Section NCAC 2D .1900 Open Burning. A brief summary of this new 
Section is found later in this notice.

15A NCAC 2D .0531 Sources in Nonattainment Areas and 15A NCAC 2D .0901 
Definitions

    These rules were amended to reference the EPA definition for 
volatile organic compound (VOC) listed under 40 CFR 51.100(s). 
Previously, the State's definition of VOC listed individually the VOC's 
with negligible photochemical reactivity. Each time EPA updated its 
list, the State rule had to be amended to reflect these changes. To 
eliminate the need to continually amend the State rule for each change 
of the VOC definition, the new state definition was adopted to 
reference the EPA definition of VOC as defined in 40 CFR51.100(s).

15A NCAC 2D .0804 Airport Facilities

    This rule was amended to exempt military airfields from the 
transportation facilities permit procedures. The majority of carbon 
monoxide emissions at airports is due to ground support for the 
aircraft. At military airports, much of the air traffic is made up of 
touch and go practice landings with little ground support. Therefore 
carbon monoxide emissions are not significant at military airports.

15A NCAC 2D .0805 Parking Facilities

    This rule was amended to revise the definition of adjacent parking 
lots, debris, or garages. The former definition had caused some owners 
and developers of new lots not to connect them to existing lots with an 
internal road in order to avoid having to obtain a permit and do an 
analysis. To overcome this problem the internal road criterium was 
deleted and the rule was revised to consider parking lots as one if 
they are directly adjacent and they use the same public roads and 
traffic network.

15A NCAC 2D .0917 Automobile and Light-Duty Truck Manufacturing, 15A 
NCAC 2D .0918 Can Coating, 15A NCAC 2D .0919 Coil Coating, 15A NCAC 2D 
.0920 Paper Coating, 15A NCAC 2D .0921 Fabric and Vinyl Coating, 15A 
NCAC 2D .0922 Metal Furniture Coating, 15A NCAC 2D .0923 Surface 
Coatings of Large Appliances, 15A NCAC 2D .0924 Magnet Wire Coating, 
15A NCAC 2D .0934 Coating of Miscellaneous Metal Parts and Products, 
15A NCAC 2D .0935 Factory Surface Coating of Flat Wood Paneling, 15A 
NCAC 2D .0937 Manufacture of Pneumatic Rubber Tires, and 15A NCAC 2D 
.0951 Miscellaneous Volatile Organic Compound Emissions

    These rules are coating rules that were amended to clarify the 
wording that limits the VOC emissions. The emission standard in each 
rule was changed to be read ``emissions of VOC from [name of process] 
shall not exceed X.X pound of VOC per gallon of solids delivered to the 
applicator.''

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15A NCAC 2D .0920 Paper Coating

    This rule is additionally amended to eliminate exemptions for 
graphic arts or printing, processes in which coating is not distributed 
uniformly across the web, or processes where coating or printing are 
performed on the same machine. The graphic arts rule, 15A NCAC 2D 
.0936, has eliminated the need for this exemption.

15A NCAC 2D .0923 Surface Coatings of Large Appliances

    This rule was amended to include language that exempts the use of 
quick drying lacquers for repair of scratches and nicks which occur 
during assembly.

15A NCAC 2D .0926 Bulk Gasoline Plants and 15A NCAC 2D .0927 Bulk 
Gasoline Terminals

    These rules were amended to prohibit the owner or operator of a 
bulk gasoline plant from loading a gasoline truck tank or trailer that 
is not certified as complying with the vacuum-pressure requirements in 
accordance with rule 2D .0933.

15A NCAC 2D .0928 Gasoline Service Stations Stage I

    This rule contains several exemptions based on tank size. In order 
to qualify for the exemption, these tanks must be equipped with 
submerged fill pipe. This rule was amended to allow either permanently 
installed submerge fill pipe or portable submerge fill pipe for all 
exempted tanks. Previously, the rule only allowed the use of portable 
submerge fill pipe for tanks below 550 gallons installed after June 30, 
1979, and for tanks below 2000 gallons used to store gasoline for farm 
or residential use. The rule is amended to allow portable submerge fill 
pipe for tanks below 2000 gallons installed before July 1, 1979.

15A NCAC 2D .0929 Petroleum Refinery Sources

    This rule was repealed because it was an unnecessary rule. This 
rule contains the RACT requirements for various types of sources at 
petroleum refineries. There are no sources subject to the requirements 
of this rule. In addition, there are no petroleum refineries currently 
in any of the ozone maintenance areas or even in the rest of North 
Carolina that could become subject to this rule.

15A NCAC 2D .0953 Vapor Return Piping for Stage II Vapor Recovery

    This rule was amended to clarify that the recovery risers 
referenced to in the original rule are recovery dispenser risers. The 
rule was also amended to clarify that only with a vacuum assisted 
system, would the vapor return piping or manifold piping be required to 
enter a separated opening to the tank from that connected to the vent 
piping or the Stage I piping.

15A NCAC 2D .0954 Stage II Vapor Recovery

    This rule was amended to change the wording of the throughput 
exemptions to read the same as those in 15A NCAC 2D .0953.

15A NCAC 2Q .0311 Permitting of Facilities at Multiple Temporary Sites

    This rule was amended to remove a requirement for the permitting of 
facilities at multiple temporary sites.

15A NCAC 2D .1901 Purpose, Scope, and Impermissible Open Burning, 15A 
NCAC 2D .1902 Definitions, .1903 Permissible Open Burning Without a 
Permit and 15A NCAC 2D .1904 Air Curtain Blowers

    These rules were adopted to replace the former open burning rule, 
15A NCAC 2D .0520 Control and Prohibition of Open Burning. This action 
was taken to add a number of amendments and clarifications to the 
former rule and make it less vague. The first amendment was to clarify 
types of open burning permissible without a permit and to clarify their 
requirements. Second, an additional rule was included to allow the use 
of air curtain blowers, which are used primarily to burn woodwaste from 
logging operations and land clearing activities. Third, a prohibition 
was added to more readily notify persons involved in the deliberate 
burning of structures that any asbestos-containing material needs to be 
removed before the structure is burned.

Final Action

    EPA is approving the aforementioned revisions submitted on August 
16, 1996, for incorporation into the North Carolina SIP. EPA is 
publishing this action without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action will be effective 
September 30, 1997 unless, by September 2, 1997 adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective September 30, 1997.
    The EPA has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the 1990 Amendments 
enacted on November 15, 1990. The EPA has determined that this action 
conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements but simply approve requirements that 
the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-State relationship under the CAA, 
preparation of a flexibility analysis would constitute Federal inquiry 
into the economic reasonableness of state action. The CAA 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) and 
7410(k)(3).

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C. 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 
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 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.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    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 Septeber 30, 1997. 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: July 7, 1997.
Michael V. Peyton,
Acting Regional Administrator.
    Part 52 of 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. 7401-7671q.

Subpart II--North Carolina

    2. Section 52.1770, is amended by adding paragraph (c)(94) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (94) The miscellaneous revisions to the North Carolina State 
Implementation Plan, which were submitted on August 16, 1996.
    (i) Incorporation by reference. Regulations 15A NCAC 2D. 0101 
Definitions, .0501 Compliance with Emission Control Standards, .0516 
Sulfur Dioxide Emissions Combustion Sources, .0518 Miscellaneous 
Volatile Organic Compounds Emissions, .0519 Control of Nitrogen Dioxide 
and Nitrogen Oxides Emissions, .0520 Control and Prohibition of Open 
Burning, .0521 Control of Visible Emissions, .0531 sources in 
Nonattainment Areas, .0535 Excess Emissions Reporting and Malfunctions, 
.0601 Purpose and Scope, .0604 Sources Covered by Implementation Plan 
Requirements, .0608 Program Schedule, .0804 Airport Facilities, .0805 
Parking Facilities, .0901 Definitions, .0902 Applicability, .0917 
Automobile and Light-Duty Truck Manufacturing, .0918 Can Coating, .0919 
Coil Coating, .0920 Paper Coating, .0921 Fabric and Vinyl Coating, 
.0922 Metal Furniture Coating, .0923 Surface Coating of Large 
Appliances, .0924 Magnet Wire Coating, .0926 Bulk Gasoline Plants, 
.0927 Bulk Gasoline Terminals, .0928 Gasoline Service Stations Stage 1, 
.0929 Petroleum Refinery Sources, .0934 Coating of miscellaneous Metal 
Parts and Products, .0935 Factory Surface Coating of Flat Wood 
Paneling, .0937 Manufacture of Pneumatic Rubber Tires, .0951 
Miscellaneous Volatile Organic Compound Emissions, .0953 Vapor Return 
Piping for Stage II Vapor Recovery, .0954 Stage II Vapor Recovery, 
.1901, Purpose, Scope, and Impermissible Open Burning, .1902 
Definitions, .1903 Permissible Open Burning Without a Permit, .1904 Air 
Curtain Burners. 15A NCAC 2Q .0103 Definitions, .0109 Compliance 
Schedule for Previously Exempted Activities, .0207 Annual Emissions 
Reporting, and .0311 permitting of Facilities at Multiple Temporary 
Sites effective on July 1, 1996.
    (ii) Other material. None.

[FR Doc. 97-20365 Filed 7-31-97; 8:45 am]
BILLING CODE 6560-50-P