[Federal Register Volume 68, Number 109 (Friday, June 6, 2003)]
[Rules and Regulations]
[Pages 33873-33875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12024]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC 97-200319b; FRL-7498-1]
Approval and Promulgation of Implementation Plans; North
Carolina: Approval of Revisions to the Visible Emissions Regulation
Within the North Carolina State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On April 16, 2001, the North Carolina Department of
Environment and Natural Resources submitted revisions to the North
Carolina State Implementation Plan (SIP). Addressed in this rulemaking
is a revision to rule 15 NCAC 2D .0521. The purpose of this revision is
to make the revised regulations consistent with the requirements of the
Clean Air Act as amended in 1990. The EPA is approving the revision.
DATES: This direct final rule is effective August 5, 2003, without
further notice, unless EPA receives adverse comment by July 7, 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.
[[Page 33874]]
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 16, 2001, the North Carolina Department of Environment and
Natural Resources submitted a revision to the North Carolina State
Implementation Plan (SIP) modifying rule 15A NCAC 2D .0521 Visible
Emissions. These revisions include an exemption to this rule for engine
maintenance and testing controls where visible emissions controls are
infeasible.
Additionally, rule .0521 is being amended to establish an equitable
reasonable procedure for sources using continuous opacity monitors
(COM) to show compliance with the visible emission standard. This
amendment is designed to provide sources using COMs the same
opportunity to comply with the visible emissions rule as sources that
do not use COM devices. Under the previous rule, the opacity is
violated if two six minute averages exceed the standard in one hour or
if five six-minute averages exceed the standard in 24 hours. Under the
new amendment, sources with COMs are allowed to exceed the current
opacity limit for up to .8 percent of the total operating hours without
violating the visible emissions rule. Exceedances of the opacity limit
greater than .8 percent of the total operating hours will be considered
a violation of this rule.
In a letter dated March 29, 2002, EPA provided comments to North
Carolina explaining the additional requirements that must be met in
order for EPA to approve this rule. These requirements included the
submittal of a worst case demonstration proving that such an exemption
would not violate the National Ambient Air Quality Standards. On July
10, 2002, North Carolina submitted this demonstration to EPA. After a
detailed review of this demonstration, EPA finds that North Carolina's
amendments to rule .0521 Visible Emissions are approveable.
In addition to the revision being addressed within this notice,
several other revisions were contained in this submittal and approved
in 67 FR 51527. The additional revisions included the adoption of rules
15 NCAC 2Q .0316 and .0317, and the amending of rules .0109, .0803 and
.0805 through .0808.
II. 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 August 5,
2003, without further notice unless the Agency receives adverse
comments by July 7, 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 August 5, 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.
III. Statutory and Executive Order Reviews
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, 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,
[[Page 33875]]
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 August 5, 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: April 30, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended
as follows:
PART 52--[AMENDED]
0
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
0
2. In the table in Sec. 52.1770(c), table 1 is amended under
subchapter 2D by revising the entry for ``.0521 Cotrol of Visible
Emissions'' to read as follows:
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 Explanation
date
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Subchapter 2D Air Pollution Control Requirements
* * * * * * *
Section .0500..................... Emission Control
Standards.
* * * * * * *
Sect. .0521....................... Control of Visible 4/01/01 6/06/03 [Insert
Emissions. citation of
publication].
* * * * * * *
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[FR Doc. 03-12024 Filed 6-5-03; 8:45 am]
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