[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.''
[[Page 41279]]
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).
[[Page 41280]]
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]
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