[Federal Register Volume 67, Number 154 (Friday, August 9, 2002)]
[Rules and Regulations]
[Pages 51763-51765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20225]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC 93-200122b; FRL-7206-9]


Approval and Promulgation of Implementation Plans North Carolina: 
Approval of Revisions to Open Burning Regulations Within the Forsyth 
County Local Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On December 30, 1999, the Forsyth County Environmental Affairs 
Department through, the North Carolina Department of Environment and 
Natural Resources, submitted revisions to the Forsyth County Local 
Implementation Plan (LIP). These revisions include the amending of open 
burning, transportation conformity, and general provision regulations. 
The purpose of these revisions is to make the revised regulations 
consistent with the requirements of the Clean Air Act as amended in 
1990. The EPA is approving these revisions.

DATES: This direct final rule is effective October 8, 2002 without 
further notice, unless EPA receives adverse comment by September 9, 
2002. 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: Randy Terry at the EPA, 
Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 
30303-8960.
    Copies of the State submittal(s) are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8960. Randy Terry, 404/562-
9032.
North Carolina Department of Environment and Natural Resources, 512 
North Salisbury Street, Raleigh, North Carolina 27604.
Forsyth County Environmental Affairs Department, 537 North Spruce 
Street, Winston-Salem, North Carolina 27101.

FOR FURTHER INFORMATION CONTACT: Randy B. Terry at 404/562-9032, or by 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 30, 1999, the Forsyth County Environmental Affairs 
Department, through the North Carolina Department of Environment and 
Natural Resources, submitted revisions to the Forsyth county LIP. These 
revisions include the revision of open burning, transportation 
conformity, and general provisions regulations. A detailed analysis of 
each of the major revisions submitted is listed below.

II. Analysis of Forsyth County's Submittal

Subchapter 3D

3D .1903 Permissible Open Burning and 2D .1904 Air Curtain Burners
    These rules were revised to include language that states that any 
material to be burned must originate from the land being cleared or the 
area being maintained.
.2003 Transportation Conformity Determination
    This rule was amended to change an incorrect reference to 40 CFR 
93.106 to the correct cite of 40 CFR 93.108.

Subchapter 3Q

3Q .0102 Activities Exempted From Permit Requirements
    This rule has been amended to clarify that it only applies to those 
facilities with permits issued under Section .300 of this Subchapter.
3Q .0103 Definitions
    This rule has been amended to modify the definitions for both 
``insignificant activities'' and ``potential emissions.'' Insignificant 
activities is now defined as

[[Page 51764]]

``activities defined as insignificant activities because of category or 
as insignificant activities because of size or production rate under 
rule .0503 of this Subchapter.'' ``Potential emissions'' has been 
revised to allow that potential emissions do not include emissions from 
insignificant activities because of category as defined under rule 
.0503.

III. Final Action

    EPA is approving the aforementioned changes to the SIP because the 
revisions are consistent with Clean Air Act and EPA regulatory 
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 October 
8, 2002 without further notice unless the Agency receives adverse 
comments by September 9, 2002.
    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 October 8, 2002 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. Administrative Requirements

    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. 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. 
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 October 8, 2002. 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, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements.

    Dated: April 1, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    Part 52 of chapter I, title 40 of the 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--North Carolina

    2. Section 52.1770(c) is amended by adding a new table 2 to read as 
follows:


Sec. 52.1770  Identification of Plan.

* * * * *
    (c). * * *

[[Page 51765]]



                                                    Table 2.--EPA Approved Forsyth County Regulations
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                                                                                    State effective
          State citation                           Title/subject                         date          EPA approval date            Explanation
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                                                    Subchapter 3D Air Pollution Control Requirements
                                                               Section .1900 Open Burning
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Sect .1903.......................  Permissible Open Burning.....................  10/25/99            8/8/02
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Sect. .1904......................  Air Curtain Burners..........................  10/25/99            8/8/02
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                                                         Section .2000 Transportation Conformity
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Sect. .2003......................  Transportation Conformity Determination......  10/25/99            8/8/02
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                                                           Subchapter 3Q--Air Quality Permits
                                                            Section .0100 General Provisions
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Sect. .0102......................  Activities Exempt From Permit Requirements...  10/25/99            8/8/02
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Sect. .0103......................  Definitions..................................  10/25/99            8/8/02
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[FR Doc. 02-20225 Filed 8-8-02; 8:45 am]
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