[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Rules and Regulations]
[Pages 54362-54366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23580]



[[Page 54362]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC 106-200336(a); FRL-7558-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the State Implementation Plan (SIP) 
revisions submitted by the State of North Carolina on April 4, 2003, 
for the purpose of establishing revisions to Volatile Organic Compounds 
and other miscellaneous revisions.

DATES: This direct final rule is effective November 17, 2003, without 
further notice, unless EPA receives adverse comment by October 17, 
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: Comments may be submitted by mail to: Rosymar De La Torre 
Colon, Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. Comments may also be submitted electronically, or through 
hand delivery/courier. Please follow the detailed instructions 
described in sections I.B.1.i. through iii. of the SUPPLEMENTARY 
INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Rosymar De La Torre Colon, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-8965. Ms. De La Torre Colon can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under NC-106. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing at the Regulatory Development Section, Air Planning Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 9 to 3:30, excluding Federal 
holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency, North Carolina 
Department of Environmental and Natural Resources, 512 North Salisbury 
Street, Raleigh, North Carolina 27604.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking NC-106'' in the subject line on 
the first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], please including the text ``Public comment 
on proposed rulemaking NC-106'' in the subject line. EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly without going through Regulations.gov, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket.
    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for

[[Page 54363]]

submitting comments. The system is an ``anonymous access'' system, 
which means EPA will not know your identity, e-mail address, or other 
contact information unless you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Rosymar De La Torre Colon, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Please 
include the text ``Public comment on proposed rulemaking NC-106'' in 
the subject line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Rosymar 
De La Torre Colon; Regulatory Development Section; Air Planning Branch; 
Air, Pesticides and Toxics Management Division 12th floor; U.S. 
Environmental Protection Agency Region 4; 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 9 to 3:30, 
excluding Federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Background

    On April 4, 2003, the North Carolina Department of Environmental 
and Natural Resources submitted revisions to the North Carolina SIP. 
This submittal includes revisions to the Volatile Organic Compound 
chapter and other miscellaneous revisions. A detailed analysis of the 
major revisions are listed below.

III. Analysis of North Carolina's State Submittal, Subchapter 2D--Air 
Pollution Control Requirements

Section .0100 Definitions and References

.0105 Mailing List
    This rule was recodified to reference paragraph (d) and provides 
the new mailing address.

Section .0500 Emission Control Standards

.0507 Particulates From Chemical Fertilizer Manufacturing Plants
    This rule provides the definition for discharge from stacks or 
chimneys.
.0509 Particulates From Mica or Feldspar Processing Plants
    This rule is being revised to clarify that ``E'' is equal to the 
maximum allowable emission rate for particulate matter in pounds per 
hour and ``P'' equals the process weight in tons per hour.
.0515 Particulates From Miscellaneous Industrial Processes
    This rule changes industrial processing rates from 60,000 pounds 
per hour to 30 tons per hour.
.0516 Sulfur Dioxide Emissions From Combustion Sources
    This rule is proposed to exclude 15A NCAC 2D .1205, .1206, and 
.1210 from the Rule. These three incinerator rules must meet MACT 
standards for sulfur dioxide.

Section .0900 Volatile Organic Compounds

.0912 General Provisions on Test Methods and Procedures
    This rule is being revised to correct the name Division of Air 
Quality Environmental Management to Division of Air Quality.
.0927 Bulk Gasoline Terminals
    This rule defines degassing, liquid balancing, and liquid 
displacement in terms of cleaning, inspection and repair. The owner of 
such gas terminals shall also have copies on file of certification 
test. Bulk gasoline storage tanks less than 138 gallons of liquid gas 
are exempt from degassing requirements if vented in less than 24 hours.
.0932 Gasoline Truck Tanks and Vapor Collection Systems
    This rule defines certified facility and its use.
.0952 Petition for Alternative Controls For RACT
    This rule edits the owner or operator requirements.
.0954 Stage II Vapor Recovery
    This rule revises the name, North Carolina Department of 
Environment and Natural Resources from North Carolina Department of 
Environment, Health, Environment and Natural Resources.
.0959 Petition for Superior Alternative Controls
    This rule applies to all owners and operators of any volatile 
organic compound source. By proving that alternative operational or 
equipment controls can further reduce emissions superior to the 
required controls, these

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owners and operators may petition for the use of the alternative 
control. Particular petition requirements are provided.

IV. Final Action

    EPA is approving the aforementioned changes to the SIP. 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 November 17, 2003, 
without further notice unless the Agency receives adverse comments by 
October 17, 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 November 17, 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.

V. 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, 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 November 17, 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, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: August 28, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Chapter I, title 40, Code of Federal Regulations, is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart II--North Carolina

0
2. In Sec.  52.1770(c), table 1 is amended under subchapter 2D by 
revising entries for: .0105, .0507, .0509, .0515, .0516, .0521, .0912, 
.0927, .0932, .0952, .0954, and .0959 to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

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                                     EPA Approved North Carolina Regulations
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                                                            State
       State  citation               Title/subject        effective    EPA approval date        Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D--Air Pollution Control Requirements
 
                                    Section .0100--Definitions and References
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section .0105................  Mailing List............     7/01/02  9/17/03
                                                                     [Insert citation of
                                                                      publication]
 
                                                  * * * * * * *
------------------------------
                                    Section .0500--Emission Control Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 0507.................  Particulates From            4/01/03  9/17/03
                                Chemical Fertilizer                  [Insert citation of
                                Manufacturing Plants.                 publication]
 
                                                  * * * * * * *
Section .0509................  Particulates From Mica       4/01/03  9/17/03
                                or Feldspar Processing               [Insert citation of
                                Plants.                               publication]
 
                                                  * * * * * * *
Section .0515................  Particulates From            4/01/03  9/17/03
                                Miscellaneous                        [Insert citation of
                                Industrial Processes.                 publication]
Section .0516................  Sulfur Dioxide Emissions     4/01/03  9/17/03
                                From Combustion Sources.             [Insert citation of
                                                                      publication]
 
                                                  * * * * * * *
------------------------------
                                    Section .0900--Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section .0912................  General Provisions on        4/01/03  9/17/03
                                Test Methods and                     [Insert citation of
                                Procedures.                           publication]
 
                                                  * * * * * * *
Section .0927................  Bulk Gasoline Terminals.     4/01/03  9/17/03
                                                                     [Insert citation of
                                                                      publication]
 
                                                  * * * * * * *
Section .0932................  Gasoline Truck Tanks and     4/01/03  9/17/03
                                Vapor Collection                     [Insert citation of
                                Systems.                              publication]
 
                                                  * * * * * * *
Section .0952................  Petition for Alternative     4/01/03  9/17/03
                                Controls For RACT.                   [Insert citation of
                                                                      publication]
 
                                                  * * * * * * *
Section .0954................  Stage II Vapor Recovery.     4/01/03  9/17/03
                                                                     [Insert citation of
                                                                      publication]
 
                                                  * * * * * * *
Section .0959................  Petition for Alternative     4/01/03  9/17/03
                                Controls.                            [Insert citation of
                                                                      publication]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


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[FR Doc. 03-23580 Filed 9-16-03; 8:45 am]
BILLING CODE 6560-50-P