[Federal Register Volume 67, Number 249 (Friday, December 27, 2002)]
[Rules and Regulations]
[Pages 78980-78983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32137]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC 102-200304(a); FRL-7425-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 7, 2002, the North Carolina Department of 
Environment and Natural Resources submitted revisions to the North 
Carolina State Implementation Plan (SIP). North Carolina is adopting 
rule 15A NCAC 2D .0542, Control of Particulate Emissions from Cotton 
Ginning Operations. In addition, North Carolina is amending rules 15A 
NCAC 2D .0504, Particulates from Wood Burning Indirect Heat Exchangers, 
.0927, Bulk Gasoline Terminals, .0932, Gasoline Truck Tanks and Vapor 
Collection Systems and 15A NCAC 2Q .0102, Activities Exempt From 
Permitting Requirements and .0104, Where to Obtain and File Permit 
Applications. The EPA is approving these revisions.

DATES: This direct final rule is effective February 25, 2003 without 
further notice, unless EPA receives adverse comment by January 27, 
2003. 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, Health, and Natural 
Resources, 512 North Salisbury Street, Raleigh, North Carolina 27604.

FOR FURTHER INFORMATION CONTACT: Randy B. Terry, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street, SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9032. Mr. Terry can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 7, 2002, the North Carolina Department of Environment and 
Natural Resources submitted revisions to the North Carolina SIP. These 
revisions involve the adoption of rule 15A NCAC 2D .0542, Control of 
Particulate Emissions from Cotton Ginning Operations, the amending of 
multiple rules within Section 15A NCAC 2D .0900 Volatile Organic 
Compounds, and several other miscellaneous revisions. An analysis of 
each of the major revisions submitted is listed below.

II. Analysis of State's Submittal

15A NCAC 2D

.0504 Particulates From Wood Burning Indirect Heat Exchangers
    This rule has been amended to correct the reference to paragraph 
(d) of this rule to paragraph (f).

[[Page 78981]]

.0542 Control of Particulate Emissions from Cotton Ginning Operations
    This rule has been adopted to establish particulate control 
requirements specific to cotton ginning operations. The rule applies to 
all cotton gins and requires one or more 1D-3D cyclones or an 
equivalent device to achieve 95 percent efficiency on all high pressure 
exhausts and lint cleaning exhausts, and one or more 2D-2D cyclones or 
an equivalent device to achieve 90 percent efficiency on all remaining 
low pressure exhausts. Small gins that do not already have control 
devices on lint cleaners and battery condensers are not required to 
install controls on them. The rule also requires:
    [sbull] Raincaps to be removed,
    [sbull] Sp;an inspection and maintenance schedule,
    [sbull] A three-sided enclosure or a wet suppression system at the 
trash cyclone dump area, trash stacker/composting,
    [sbull] Daily cleaning of lint from non-storage areas of the gin 
yard,
    [sbull] Cleaning of lint and debris from paved areas,
    [sbull] Dust suppression and speed limits in unpaved areas,
    [sbull] Covering of trucks transporting trash material,
    [sbull] Removal of overspill from trucks, and
    [sbull] Daily cleaning of the trash hopper dump area.
    In addition, the rule requires a baseline study of the air flow 
system to ensure air flows are within design range for the collection 
device and monitoring devices for pressure, flow rate, and other 
operating conditions to ensure proper operation an maintenance of the 
control devices. The owner or operator is also required to take and 
record monthly static pressure readings, conduct daily inspections of 
the system and record problems and corrective actions in a logbook, and 
at the conclusion of the season conduct an inspection to identify all 
maintenance activities and repairs needed prior to the next season. The 
rule also requires the owner to keep records of parameters established 
in the baseline study, monthly static pressure checks, observations of 
daily inspections and corrective actions. Gin owners or operators are 
also required to submit an annual report of the number of bales of 
cotton produced during the previous ginning season and a schedule of 
repair and maintenance to be conducted prior to the start of the next 
season. The rule also contains provisions for request and approval of 
alternative control measures.
.0927 Bulk Gasoline Terminals and .0932 Gasoline Truck Tanks and Vapor 
Collection Systems
    These rules have been amended to require the owner or operator of 
the truck tank to file a copy of its most recent leak tightness 
certification test with bulk gasoline terminals where the tank is 
loaded. The amendments also require bulk gasoline terminals to keep on 
file a copy of the leak tight certification for each truck tank that 
they load.

15A NCAC 2Q

.0102 Activities Exempt From Permitting Requirements
    This rule is being amended to add language that allows the 
Director, if he finds that an activity exempted under paragraph (b) of 
this rule is in violation of or has violated a rule in 15A NCAC 2D., to 
revoke the permit exemption for that activity and require that activity 
to be permitted under this Subchapter.
.0104 Where to Obtain and File Permit Applications
    This rule is being amended to correct the address for the North 
Carolina Division of Air Quality.

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 February 
25, 2003 without further notice unless the Agency receives adverse 
comments by January 27, 2003.
    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 February 25, 2003 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 (Pub. L. 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,

[[Page 78982]]

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 February 25, 2003. 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, Reporting and 
recordkeeping requirements.

    Dated: October 31, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

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. In Sec.  52.1770(c), Table 1 is amended to read as follows:
    a. Under subchapter 2D, section .0500, by adding a new entry .0542, 
and revising entry .0504;
    b. Under subchapter 2D, section .0900, by revising entries .0927 
and .0932; and
    c. Under subchapter 2Q, section .0100, by revising entries .0102 
and .0104.


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
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                                                             State effective    EPA approval
         State citation                 Title/subject             date              date            Comments
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Subchapter 2D...................                         Air Pollution Control Requirements
 
                                                  * * * * * * *
Section .0500...................                            Emissions Control Standards
 
                                                  * * * * * * *
Sect. .0504.....................  Particulates From Wood             7/01/02          12/27/02  ................
                                   Burning Indirect Heat
                                   Exchangers.
 
                                                  * * * * * * *
Sect. .0542.....................  Control of Particulate            07/01/02          12/27/02  ................
                                   Emissions From Cotton
                                   Ginning Operations.
 
                                                  * * * * * * *
Section .0900...................                            Volatile Organic Compounds
 
                                                  * * * * * * *
Sect. .0927.....................  Bulk Gasoline Terminals.          07/01/02          12/27/02  ................
 
                                                  * * * * * * *
Sect. .0932.....................  Gasoline Truck Tanks and          07/01/02          12/27/02  ................
                                   Vapor Collection
                                   Systems.
 
                                                  * * * * * * *
 
Subchapter 2Q...................                                Air Quality Permits
 
Section .0100...................                                 General Provisions
 
                                                  * * * * * * *
Sect. .0102.....................  Activities Exempt From            07/01/02          12/27/02  ................
                                   Permitting Requirements.
 
                                                  * * * * * * *
Sect. .0104.....................  Where to Obtain and File          07/01/02          12/27/02  ................
                                   Permit Applications.

[[Page 78983]]

 
 
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[FR Doc. 02-32137 Filed 12-26-02; 8:45 am]
BILLING CODE 6560-50-P