[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Rules and Regulations]
[Pages 64990-64992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26569]



[[Page 64989]]

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Part V





Environmental Protection Agency





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40 CFR Part 52



Approval and Promulgation of Implementation Plans; North Carolina: 
Approval of Miscellaneous Revisions to Regulations Within the North 
Carolina State and County Implementation Plans; Final and Proposed 
Rules

  Federal Register / Vol. 67, No. 204 / Tuesday, October 22, 2002 / 
Rules and Regulations  

[[Page 64990]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC 89-200240(a); FRL-7395-5]


Approval and Promulgation of Implementation Plans; North 
Carolina: Approval of Miscellaneous Revisions to Regulations Within the 
North Carolina State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On April 13, 1999, the North Carolina Department of 
Environment and Natural Resources, submitted revisions to the North 
Carolina State Implementation Plan (SIP). These revisions include 
amending regulations relating to ozone, particulate matter, and other 
miscellaneous rules within the Air Pollution Control Requirements 
subchapter. In addition, North Carolina has also submitted rule 
revisions to the General Provisions, Construction and Operations 
Permits and Exclusionary Rules sections of their Air Quality Permits 
Subchapter. 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 December 23, 2002 without 
further notice, unless EPA receives adverse comment by November 21, 
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.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On April 13, 1999, the North Carolina Department of Environment and 
Natural Resources, submitted revisions to the North Carolina SIP. These 
revisions include the amending of regulations relating to ozone, 
particulate matter, and other miscellaneous rules within the Air 
Pollution Control Requirements subchapter. In addition North Carolina 
has also submitted rule revisions to the General Provisions, 
Construction and Operations Permits and Exclusionary Rules sections of 
their Air Quality Permits Subchapter. A detailed analysis of each of 
the major revisions submitted is listed below.

II. Analysis of North Carolina's Submittal

Subchapter 2D

.0405 Ozone, and .0410 PM 2.5 Particulate Matter
    These rules were amended to adopt the federal revisions to the 
National Ambient Air Quality Standards (NAAQS) for ozone and 
particulate matter as state air quality standards.
.0503 Particulates From Fuel Burning Indirect Heat Exchangers, .0504 
Particulates From Wood Burning Indirect Heat Exchangers
    These rules were updated to add new definitions for ``functionally 
dependant,'' ``indirect heat exchanger,'' and ``plant site.''

Subchapter 2Q

.0102 Activities Exempted From Permit Requirements
    This rule has been amended to clarify permit exemptions for 
municipal solid waste landfills that are not required to have a title V 
permit and to add a paragraph for exemptions when there is no 
applicable requirement under title V.
.0103 Definitions
    This rule has been amended to add a definition for ``Sawmill.''
.0107 Confidential Information
    This rule was amended to revise the deadline in which the Director 
is required to respond to a request to treat information as 
confidential and to add language that clarifies that such information 
is to be treated as confidential until the Director decides that the 
information is not confidential.
.0300 Construction and Operating Permits
    This section was revised, by adding headings, to each subparagraph 
under rule .0304 Applications to clarify the process of applications. 
These headings cover items such as obtaining and filing applications, 
information to accompany application, when to file applications for 
permit renewal, ownership or name change and requesting additional 
information. In addition, rule .0511 Synthetic Minor Facilities has 
been moved and is now listed as rule .0315.
.0800 Exclusionary Rules
    This section was revised to add language clarifying that coverage 
under this section is voluntary and explains the procedure for an owner 
or operator to request that their facility not be covered by this 
section. Additionally, a new rule was added that applies to facilities 
whose only sources requiring a permit are one or more peak shaving 
generators and their associated fuel storage tanks.

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 December 
23, 2002 without further notice unless the Agency receives adverse 
comments by November 21, 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 December 23, 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

[[Page 64991]]

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 December 23, 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, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

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

    40 CFR Part 52 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), Table 1 is amended to read as follows:
    a. Revise column heading ``Comments'' to read ``Explanations.''
    b. Under Subchapter 2D by revising entries for ``.0405,'' 
``.0503,'' ``.0504,'' and adding in numerical order a new entry for 
``.0410.''
    c. Under Subchapter 2Q by revising entries ``.0102,'' ``.0103,'' 
``.0107,'' ``.0304,'' ``.0306,'' ``.0309,'' ``.0801,'' ``.0803,'' and 
``.0808'' and adding in numerical order a new entry for ``.0314'' and 
``.0315.''


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                Table 1.--EPA Approved North Carolina Regulations
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                                                               State
         State citation                 Title/subject        effective    EPA approval date      Explanations
                                                                date
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                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
---------------------------------
                                   Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect. .0405.....................  Ozone...................     05/01/99  10/22/02, 2002, [FR
                                                                          cite].
 

[[Page 64992]]

 
                                                  * * * * * * *
Sect. .0410.....................  PM 2.5 Particulate           05/01/99  10/22/02, [FR cite]
                                   Matter.
---------------------------------
                                    Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect. .0503.....................  Particulates From Fuel       05/01/99  10/22/02, [FR cite]
                                   Burning Indirect Heat
                                   Exchangers.
Sect. .0504.....................  Particulates From Wood       05/01/99  10/22/02, [FR cite]
                                   Burning Indirect Heat
                                   Exchangers.
 
                                                  * * * * * * *
---------------------------------
                                       Subchapter 3Q--Air Quality Permits
 
                                        Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect. .0102.....................  Activities Exempted From     05/01/99  10/22/02, [FR cite]
                                   Permit Requirements.
Sect. .0103.....................  Definitions.............     05/01/99  10/22/02, [FR cite]
 
                                                  * * * * * * *
Sect. .0107.....................  Confidential Information     05/01/99  10/22/02, [FR cite]
 
                                                  * * * * * * *
---------------------------------
                                Section .0300 Construction and Operation Permits
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect. .0304.....................  Applications............     07/01/99  10/22/02, [FR cite]
 
                                                  * * * * * * *
Sect. .0306.....................  Permits Requiring Public     07/01/99  10/22/02, [FR cite]
                                   Participation.
 
                                                  * * * * * * *
Sect. .0309.....................  Termination,                 07/01/99  10/22/02, [FR cite]
                                   Modification and
                                   Revocation of Permits.
 
                                                  * * * * * * *
Sect. .0314.....................  General Permit               07/01/99  10/22/02, [FR cite]
                                   Requirements.
Sect. .0315.....................  Synthetic Minor              07/01/99  10/22/02, [FR cite]
                                   Facilities.
 
                                                  * * * * * * *
---------------------------------
                                        Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
Sect. .0801.....................  Purpose and Scope.......     05/01/99  10/22/02, [FR cite]
 
                                                  * * * * * * *
Sect. .0803.....................  Coating, Solvent             05/01/99  10/22/02, [FR cite]
                                   Cleaning, Graphic Arts
                                   Operations.
 
                                                  * * * * * * *
Sect. .0808.....................  Peak Shaving Generators.     07/01/99  10/22/02, [FR cite]
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[FR Doc. 02-26569 Filed 10-21-02; 8:45 am]
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