[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
----------------------------------------------------------------------------------------------------------------
Section .0101...................  Required Air Quality             3/20/98        11/10/99
                                   Permits.
---------------------------------
 

[[Page 61217]]

 
*                  *                  *                  *                  *                  *
                                                        *
                                 Subchapter 2Q  Air Quality Permits Requirements
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

[FR Doc. 99-27931 Filed 11-9-99; 8:45 am]
BILLING CODE 6560-50-p