[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24382-24385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9618]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0140(b); FRL-9662-3]
Approval and Promulgation of Air Quality Implementation Plans;
North Carolina; Annual Emissions Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a portion of a
state implementation plan (SIP) revision submitted on January 31, 2008,
by the State of North Carolina, through the North Carolina Division of
Air Quality (NCDAQ), to meet the emissions statements requirement for
Charlotte, North Carolina. EPA is approving the addition of Cabarrus,
Lincoln, Rowan, and Union Counties in their entireties and Davidson
Township and Coddle Creek Township in Iredell County to the annual
emissions reporting requirement into the North Carolina SIP. This
action is being taken pursuant to section 110 and section 182 of the
Clean Air Act (CAA or Act).
DATES: This direct final rule is effective June 25, 2012 without
further notice, unless EPA receives adverse comment by May 24, 2012. If
EPA receives such comments, it 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: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2009-0140,'' by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2009-0140,'' 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.
5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
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. 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, 8:30 a.m. to 4:30 p.m., excluding federal
holidays.
Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-2009-0140.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy 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 person listed in the FOR FURTHER INFORMATION CONTACT
section to
[[Page 24383]]
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Sara Waterson of the Regulatory
Development Section, in the 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) 562-9061. Ms. Sara Waterson can be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for EPA's action?
II. What is EPA's analysis of the emissions statements for North
Carolina?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What is the background for EPA's action?
On July 18, 1997, EPA promulgated a revised NAAQS for ozone,
setting the standard at 0.08 parts per million (ppm) averaged over an
8-hour timeframe. This revised standard was established based on
scientific evidence demonstrating that ozone causes adverse health
effects at lower ozone concentrations and over longer periods of time,
than was understood when the pre-existing 1-hour ozone standard was
promulgated (62 FR 38855).\1\
---------------------------------------------------------------------------
\1\ EPA issued a revised 8-hour ozone standard on March 27, 2008
(73 FR 16436). The designation and implementation process for that
standard is underway and does not relate to this action.
---------------------------------------------------------------------------
On April 30, 2004, EPA published designations and classifications
for the revised 1997 8-hour ozone standard (69 FR 23858). These actions
became effective on June 15, 2004. North Carolina was required to
develop nonattainment SIP revisions addressing the CAA requirements for
its nonattainment areas. Among other things, North Carolina was
required to address the emissions statements requirement pursuant to
CAA section 182(a)(3)(B).
Section 182(a)(3)(B) of the CAA, requires states with areas
designated nonattainment for the ozone NAAQS (under subpart 2 of the
Act) to submit a SIP revision to require emissions statements to be
submitted to the state by sources within that nonattainment area.
Specifically, CAA section 182(a)(3)(B) reads:
(i) Within 2 years after November 15, 1990, the State shall
submit a revision to the State implementation plan to require that
the owner or operator of each stationary source of oxides of
nitrogen or volatile organic compounds provide the State with a
statement, in such form as the Administrator may prescribe (or
accept an equivalent alternative developed by the State), for
classes or categories of sources, showing the actual emissions of
oxides of nitrogen and volatile organic compounds from that source.
The first statement shall be submitted within 3 years after November
15, 1990. Subsequent statements shall be submitted at least every
year thereafter. The statement shall contain a certification that
the information contained in the statement is accurate to the best
knowledge of the individual certifying the statement.
(ii) The State may waive the application of clause (i) to any
class or category of stationary sources which emit less than 25 tons
per year of volatile organic compounds or oxides of nitrogen if the
State, in its submissions under subparagraph (1) or (3)(A), provides
an inventory of emissions from such class or category of sources
based on the use of the emission factors established by the
Administrator or other methods acceptable to the Administrator.
In a March 14, 2006,\2\ memorandum from Thomas C. Curran, Director
Air Quality Assessment Division to EPA Regional Air Division Directors
(Curran Memo), EPA clarified that the emissions statements requirement
under the CAA section 182(a)(3)(B), is applicable to all areas
designated nonattainment for the 1997 8-hour ozone NAAQS and classified
marginal or higher under subpart 2, part D, title I of the CAA.
Consistent with EPA's interpretation of the submission period for other
subpart 2 obligations, the Curran Memo states that the 2-year
submission period for the emissions statements rule for the 1997 8-hour
ozone standard will run from the date an area was designated
nonattainment and classified under subpart 2 for the 8-hour standard.
Thus, states were required to submit their emissions statements rule by
June 15, 2006, and the rule is required to provide that sources submit
their first emissions statements to the state by no later than June 15,
2007 (for the 2006 calendar year). The Curran Memo further states that
if an area has a previously approved emissions statements rule for the
1-hour standard that covers all portions of the designated 1997 8-hour
ozone nonattainment area, such rule should be sufficient for purposes
of the emissions statements requirement for the 1997 8-hour standard.
---------------------------------------------------------------------------
\2\ The March 14, 2006, Curran Memo can be found at http://www.epa.gov/ttnchie1/eidocs/eiguid/8hourozone_naaqs_031406.pdf.
---------------------------------------------------------------------------
North Carolina's annual emissions reporting requirement was
approved into the SIP on August 1, 1997. See 64 FR 41277. The counties
included in the August 1, 1997, approval included Davidson, Durham,
Forsyth, Gaston, Guilford, Mecklenburg, and Wake County, the Dutchville
Township in Granville County, and that part of Davie County bounded by
the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton
Creek and back to the Yadkin River. On January 31, 2008, North Carolina
submitted additional counties to be included in the annual emissions
reporting requirements to be consistent with the requirements of the
CAA as a result of EPA's designation boundary for the 1997 8-hour ozone
standard. In today's action, EPA is approving the addition of Cabarrus,
Lincoln, Rowan, and Union Counties in their entireties and Davidson
Township and Coddle Creek Township in Iredell County to the annual
emissions reporting portion of the SIP revision submitted by the State
of North Carolina on January 31, 2008, as required by section
182(a)(3)(B). EPA will take action on the remaining portions of North
Carolina's January 31, 2008, SIP revision in a separate action.\3\
---------------------------------------------------------------------------
\3\ The January 31, 2008, SIP submittal includes amendments to
North Carolina Rules 15A NCAC 02D .0902, .0909, .1402, .1403, and
02Q .0207. This action is approving the amendments to NCAC 02Q
.0207.
---------------------------------------------------------------------------
II. What is EPA's analysis of the Emissions Statements for North
Carolina?
North Carolina's SIP revision updates its regulation at 15A North
Carolina Administrative Code (NCAC) 02Q .0207, to include Cabarrus,
Lincoln, Rowan, and Union Counties in their entireties and Davidson
Township and Coddle Creek Township in Iredell County and requires all
owners or operators of stationary sources located in these areas with
actual emissions of 25 tons per year or more of volatile organic
compounds or nitrogen oxides, to submit a statement of actual emissions
by June 30th of each year. EPA has evaluated North Carolina's January
31, 2008, SIP revision as it relates to the emissions statements and
has made the determination that it meets the requirements of CAA
section 182(a)(3)(B).
III. Final Action
EPA is taking direct final action to approve a portion of a SIP
revision, submitted on January 31, 2008, by the State of North
Carolina, through the NCDAQ, to meet the emissions statements
requirement for the 1997 8-hour ozone NAAQS. This action is being taken
pursuant to section 110 and section 182 of the CAA.
[[Page 24384]]
EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial amendment 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 comment be filed. This rule will be effective on June 25, 2012
without further notice unless the Agency receives adverse comment by
May 24, 2012. If 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. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. If no such comments
are received, the public is advised this rule will be effective on June
25, 2012 and no further action will be taken on the proposed rule.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
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 action 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 25, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 4, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 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. Section 52.1770(c) Table 1, is amended under Subchapter 2Q, section
.0200 by revising the entry for ``Sect .0207'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
[[Page 24385]]
Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 2Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0200 Permit Fees
----------------------------------------------------------------------------------------------------------------
Sect .0207....................... Annual Emissions 7/1/07 4/24/2012 [Insert
Reporting. citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-9618 Filed 4-23-12; 8:45 am]
BILLING CODE 6560-50-P