[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39027-39029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17244]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0085; FRL-9966-24-Region 4]


Air Plan Approval; NC; Air Curtain Burners

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of revisions to the North Carolina State 
Implementation Plan (SIP) submitted by the State of North Carolina 
through the North Carolina Department of Environmental Quality 
(formerly the North Carolina Department of Environment and Natural 
Resources), Division of Air Quality (DAQ), on October 14, 2004, March 
24, 2006, and January 31, 2008. The revisions which EPA is approving 
are changes to the air curtain burner regulation of the North Carolina 
SIP. These revisions are part of North Carolina's strategy to meet and 
maintain the national ambient air quality standards (NAAQS). EPA has 
taken or will take action with respect to all other portions of these 
SIP revisions. This action is being taken pursuant to the Clean Air Act 
(CAA or Act) and its implementing regulations.

DATES: This direct final rule is effective October 16, 2017 without 
further notice, unless EPA receives adverse comment by September 18, 
2017. 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: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0085 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman or Nacosta C. Ward, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Lakeman can be reached via telephone at (404) 562-9043 
or via electronic mail at [email protected]. Ms. Ward can be reached 
via telephone at (404) 562-9140, or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In this rulemaking, EPA is taking direct final action to approve 
portions of the revisions to the North Carolina SIP submitted on 
October 14, 2004, March 24, 2006, and January 31, 2008. EPA is taking 
direct final action on the changes to 15A NCAC Subchapter 2D--Air 
Pollution Control Requirements, Section .1904, Air Curtain Burners. 
These changes are a part of North Carolina's strategy to attain and 
maintain the NAAQS and are approvable into the North Carolina SIP 
pursuant to section 110 of the CAA. EPA is not taking action on 15A 
NCAC Subchapter 2D--Air Pollution Control Requirements, Section .1201, 
Purpose and Scope, submitted on January 31, 2008, because this rule 
pertains to incinerators and addresses emission guidelines under CAA 
sections 111(d) and 129 and 40 CFR part 60; it is not a part of the 
federally-approved SIP. EPA has taken or will take separate action on 
all other portions of these SIP submissions.

II. Analysis of the State Submittals

    North Carolina submitted revisions to 15A NCAC Subchapter 2D--Air 
Pollution Control Requirements, Section .1904, Air Curtain Burners for 
incorporation into the federally-approved SIP. Detailed descriptions of 
the changes are below:

A. Changes to 2D Section .1904--Submitted October 14, 2004

    The changes contained in the October 14, 2004, SIP submission 
require that permits be obtained for air curtain burners as defined by 
40 CFR 60.2245 through 60.2265, permanent burning sites or materials 
transported from burning site to burning site. These permitted air 
curtain burners must also have a certified visible emissions reader 
onsite at all times and during the operation of the burner to ensure 
that the visible emissions can be read for compliance purposes. A 
provision has also been added to cease operation of air curtain burners 
in fine particulate matter (PM2.5) and ozone nonattainment 
areas on ozone action days with status ``orange'' or above.
    North Carolina's submission modifies the provision which governs 
air curtain burning where burning should be at least 500 feet away from 
any dwelling, group of dwellings, or commercial or institutional 
establishment or other occupied structure not located on the property 
where the burning is conducted. These burning occurrences must be 
approved before the initiation of the burn. The daily log at permanent 
air curtain burner sites must be maintained onsite for two years and be 
available for inspection. If an owner or operator is using a different 
technology or method other than an air curtain burner as defined under 
2D Section .1902,\1\ the owner or operator must demonstrate that the 
burner is at least as effective. The revision also specifies that if it 
is a burner constructed after November 30, 1999, or has been modified 
after June 1, 2001, it must comply with 40 CFR 60.2245 through 60.2265 
(i.e., the ``Air Curtain Incinerators'' portion of 40 CFR part 60, 
subpart CCCC (Standards of Performance for Commercial and Industrial 
Solid Waste Incineration Units).
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    \1\ ``Air Curtain Burner'' as defined in 2D Section .1902 is a 
stationary or portable combustion device that directs a plane of 
high velocity forced draft air through a manifold head into a pit or 
container with vertical walls in such a manner as to maintain a 
curtain of air over the surface of the pit and a circulating motion 
of air under the curtain.
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    This SIP revision increases the six-minute average plume opacity 
limit during operation from five percent to ten percent. North Carolina 
states that the purpose of this change is to align the state rule with 
federal requirements. The revision also extends the allowed startup 
time of the burners from 30 to 45 minutes. The revision does not change 
an existing allowance for one six-minute period with an average opacity 
of more than ten percent but no more than 35 percent during any one-
hour period.
    On April 11, 2017, DAQ submitted a non-interference or section 
110(l) demonstration which describes how these changes will not 
interfere with the attainment and maintenance of the NAAQS. North 
Carolina states there are

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currently seven air curtain burners in the State that are subject to 2D 
Section .1904 but that, due to source size and construction 
commencement dates, none are subject to 40 CFR part 60, subpart CCCC. 
Additionally, North Carolina states that any change in source emissions 
associated with the alignment of the opacity limit of 2D Section .1904 
with the federal regulations would be minimal. North Carolina reports 
that these facilities are not routinely operational, as they are used 
primarily for elimination of debris after severe storms. North Carolina 
also demonstrates that reported pollutant emissions from these units 
have been very low and that the design values in the counties closest 
to them (all in the eastern part of the State) are well below the Fine 
Particulate Matter NAAQS. North Carolina also notes that there are 
currently no nonattainment areas for any NAAQS in the State and that 
these changes to the SIP are not anticipated to cause any area to come 
out of compliance with the NAAQS.

B. Changes to Section .1904--Submitted March 24, 2006

    The changes contained in the March 24, 2006, SIP submission are 
clarifications to existing text in the regulation. The changes make the 
regulation applicable to air curtain burners in general and not only 
those currently identified in paragraph (a), which are burners subject 
to 40 CFR 60.2245-60.2265 or located at permanent burning sites or 
where materials are transported in from another burning site. The term 
``ozone forecast area'' is also being replaced with ``air quality 
forecast area'' in order to address all pollutants instead of only 
ozone.

C. Changes to Section. 1904--Submitted January 31, 2008

    The changes contained in the January 31, 2008, SIP submission 
expand the scope of the types of air curtain burners for which air 
quality permits must be issued to also include air curtain burners 
subject to 40 CFR 60.2810 through 60.2870, 60.2970 through 60.2975, and 
60.3062 through 60.3069. The changes specify the opacity standards to 
which the various air curtain burner types are subject as outlined in 
40 CFR part 60, instead of the opacity standards as previously outlined 
in the existing subparagraphs of the regulation. Lastly, the 
recordkeeping and reporting requirements have also been expanded to 
note the applicability of the additional requirements for owner and 
operators of air curtain burners subject to 40 CFR 60.2810 through 
60.2870, 60.2970 through 60.2975, and 60.3062 through 60.3069.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of 15A NCAC 
Subchapter 2D--Air Pollution Control Requirements, Sect. .1904, Air 
Curtain Burners effective March 11, 2004, November 10, 2005, and July 
1, 2007, revising air curtain burner requirements. Therefore, these 
materials have been approved by EPA for inclusion in the State 
implementation plan, have been incorporated by reference by EPA into 
that plan, are fully federally-enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\2\ EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and/or at the EPA Region 4 Office (please 
contact the person identified in the For Further Information Contact 
section of this preamble for more information).
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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the aforementioned revisions to the North Carolina 
SIP submitted by the State of North Carolina on October 14, 2004, March 
24, 2006, and January 31, 2008, pursuant to section 110 because these 
revisions are consistent with the CAA. Changes to the other sections in 
these submissions will be or have been processed in a separate action, 
as appropriate, for approval into the North Carolina SIP. As noted 
above, EPA is not taking action on changes to 15A NCAC Subchapter 2D--
Air Pollution Control Requirements, Section .1201, Purpose and Scope, 
as submitted on January 31, 2008, because this rule pertains to 
incinerators and addresses emission guidelines under CAA sections 
111(d) and 129 and 40 CFR part 60 and is not a part of the federally-
approved SIP.
    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 October 16, 2017 
without further notice unless the Agency receives adverse comments by 
September 18, 2017.
    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 adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. 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 October 16, 2017 and no 
further action will be taken on the proposed rule.

V. 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. See 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 action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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);

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     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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 October 16, 2017. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 4, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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, the table in paragraph (c) is amended by revising 
the entry ``Sect .1904'' 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
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                                                  * * * * * * *
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                                           Section .1900 Open Burning
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                                                  * * * * * * *
Sect .1904.....................  Air Curtain           7/1/2007  8/17/2017,         ............................
                                  Burners.                        [insert Federal
                                                                  Register
                                                                  citation].
 
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[FR Doc. 2017-17244 Filed 8-16-17; 8:45 am]
 BILLING CODE 6560-50-P