[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1194-1195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00028]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0085; FRL-9972-85-Region 4]


Air Plan Approval; NC; Open Burning and Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Due to adverse comments received, the Environmental Protection 
Agency (EPA) is amending the North Carolina State Implementation Plan 
(SIP) to remove some provisions made effective through the direct final 
rule that was published on July 18, 2017. EPA stated that if adverse 
comments were received by the close of the comment period, the rule 
would be withdrawn and not take effect, or if adverse comments were 
received on an amendment, paragraph, or section of the rule, EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment. EPA received adverse comments on two specific SIP 
revisions. Therefore, EPA is removing only the portions of the SIP 
related to those two revisions.

DATES: This rule is effective January 10, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2007-0085. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information 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 through www.regulations.gov or in hard 
copy at the 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. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: 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. Ms. Ward can be reached via telephone at (404) 562-9140, or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On July 18, 2017, EPA published a direct 
final rule (82 FR 32767) approving several revisions to the North 
Carolina SIP. The revisions consisted of changes to or the addition of 
the following regulations: 15A NCAC Subchapter 2D--Air Pollution 
Control Requirements, Section .0101, Definitions; Section .0103, Copies 
of Referenced Federal Regulations; Section .1901 Purpose, Scope, and 
Impermissible Open Burning Section; .1902, Definitions; Section .1903, 
Permissible Open Burning Without An Air Quality Permit; Section .2001, 
Purpose, Scope, and Applicability; and 15A NCAC Subchapter 2Q--Air 
Quality Permits, Section .0103, Definitions; Section .0105, Copies of 
Referenced Documents; Section .0304, Applications; Section .0305, 
Application Submittal Content; Section .0806, Cotton Gins; Section 
.0808, Peak Shaving Generators; and Section .0810, Air Curtain Burners. 
On the same day, EPA published proposed rule (82 FR 32782), proposing 
approval of those same revisions to the North Carolina SIP and 
providing a 30-day comment period for both the direct final rule and 
the proposed rule.\1\ The direct final rule explained that if EPA 
received adverse comments, the Agency would withdraw the relevant 
portion(s) of the direct final action. EPA received adverse comments on 
the portions of the rulemaking related to the North Carolina 
regulations 15A NCAC Subchapter 2Q--Air Quality Permits, Section .0808, 
Peak Shaving Generators, and Section .0810, Air Curtain Burners, only. 
However, EPA was not able to withdraw these portions of the direct 
final action before the action became effective. Therefore, EPA is 
amending Sec.  52.1770 by removing the portions of the SIP related to 
these two North Carolina regulations. EPA is not

[[Page 1195]]

opening an additional comment period. At a later date, the Agency may 
finalize action on these two regulations based on the July 18, 2017 
propose rule and respond to the comments in the final action. All other 
North Carolina regulations that were the subject of the July 18, 2017 
direct final rule are not affected by this removal and were 
incorporated by reference into the SIP as of September 18, 2017, the 
effective date of the direct final rule (82 FR 32767).
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    \1\ On September 6, 2017 (82 FR 42055), EPA reopened the comment 
period for the proposed rule, with comments due on or before 
September 21, 2017.
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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: December 22, 2017.
Onis ``Trey'' Glenn, III,
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 section 52.1770(c), Table 1, under the heading ``Subchapter 2Q--
Air Quality Permits,'' under the heading ``Section .0800 Exclusionary 
Rules,'' is amended by:
0
a. Revising the entry for ``Sect. .0808''; and
0
b. Removing the entry for ``Sect. .0810''
    The revision reads 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 date   EPA approval date       Explanation
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                                                  * * * * * * *
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                                       Subchapter 2Q--Air Quality Permits
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                                                  * * * * * * *
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                                        Section .0800 Exclusionary Rules
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                                                  * * * * * * *
Sect. .0808......................  Peak Shaving               7/1/1999  10/22/2002, 67 FR
                                    Generators.                          64989.
 
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[FR Doc. 2018-00028 Filed 1-9-18; 8:45 am]
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