[Federal Register: September 16, 2003 (Volume 68, Number 179)]
[Rules and Regulations]
[Page 54163-54167]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se03-5]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC 105-200331a; FRL-7559-5]
Approval and Promulgation of Implementation Plans, North
Carolina: Approval of Miscellaneous Revisions to Regulations Within the
Forsyth County Local Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Forsyth County Environmental
Affairs Department Local Implementation Plan (LIP), submitted to EPA
through the North Carolina Department of Environment and Natural
Resources. These revisions to the Forsyth County LIP submitted March
28, 2003, include: amending or adding regulations relating to indirect
heat exchangers, cotton ginning operations, bulk gasoline terminals,
gasoline truck tanks and vapor collection systems and activities exempt
from permit requirements and other miscellaneous rules within, the Air
Pollution Control Requirements subchapter. The purpose of these
revisions is to make the revised regulations consistent with the
requirements of the Clean Air Act.
DATES: This direct final rule is effective November 17, 2003 without
further notice, unless EPA receives adverse comment by October 16,
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
Col[oacute]n, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street,
[[Page 54164]]
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 Col[oacute]n,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-8965. Ms. De La Torre Col[oacute]n can
also be reached via electronic mail at delatorre.rosymar@epa.gov.
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 105. 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, Region 4, U.S.
Environmental Protection Agency, 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 Environment and Natural Resources, 512 North Salisbury
Street, Raleigh, North Carolina 27604. Forsyth County Environmental
Affairs Department, 537 North Spruce Street, Winston-Salem, North
Carolina 27101.
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 105 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
delatorre.rosymar@epa.gov, please including the text ``Public comment
on proposed rulemaking NC 105 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 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
Col[oacute]n, 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 105 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 Col[oacute]n; 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
[[Page 54165]]
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 March 28, 2003, the Forsyth County Environmental Affairs
Department, through the North Carolina Department of Environment and
Natural Resources, submitted revisions to the Forsyth county LIP. These
revisions include the amending of regulations relating to ozone,
indirect heat exchangers, cotton ginning operations, bulk gasoline
terminals, gasoline truck tanks and vapor collection systems and
activities exempt from permit requirements and other miscellaneous
rules within, the Forsyth County LIP. A detailed analysis of each of
the major revisions submitted is listed below.
III. Analysis of Forsyth County's Submittal
Subchapter 3D--Air Pollution Control Requirements
Section .0500 Emission Control Standards
.0504 Particulates From Wood Burning Indirect Heat Exchangers
This rule was recodified to reference a new paragraph (f).
.0542 Control of Particulate Emissions From Cotton Ginning Operations
Added language that allows for establishing control requirements
for particulate emissions operations. This applies to all new, existing
and modified facilities. Monitoring is required to insure all operating
devices are functioning properly. Alternate control measures were
established along with recordkeeping guidelines.
Section .0900 Volatile Organic Compounds
.0927 Bulk Gasoline Terminals
This rule was revised to add paragraph (m) stating: The owner or
operator of a bulk gasoline terminal shall have on file a copy of the
certification test conducted according to Rule .0932 of this Section
for each gasoline tank truck loaded at the terminal.
.0932 Gasoline Trucks, Tanks and Vapor Collection Systems
This rule was added to detail recordkeeping processes for
certification test conducted and defining bulk gasoline terminals.
Subchapter 3Q
Section .0100 General Provisions
.0102 Activities Exempted From Permit Requirements
This rule was amended to provide a list of specific activities that
are exempt from permit requirements including generators and self-
propelled vehicles.
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 16, 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
[[Page 54166]]
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,
Particulate matter, Reporting and recordkeeping requirements, and
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. Section 52.1770(c) Table 2 is amended:
0
a. Under Subchapter 3D by revising entries for ``.0504'', ``.0927'' and
``.0932''.
0
b. Under Subchapter 3D by adding in numerical order a new entry for
``.0542''.
0
c. Under Subchapter 3Q by revising entry for ``.0102''.
The revisions and addition read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
Table 2.--EPA Approved Forsyth County Regulations
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State
State citation Title/subject effective EPA approval date Explanations
date
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* * * * * * *
Subchapter 3D Air Pollution Control Requirement
* * * * * * *
Section .0500 Emission Control Standards
* * * * * * *
Section .0504............. Particulates from 7/22/02 9/16/03 [Insert FR Repealed.
Wood Burning page citation of
Indirect Indirect publication].
Heat Exchangers.
* * * * * * *
Sect .0542................ Control of 7/22/02 9/16/03 [Insert FR Repealed.
Particulate page citation of
Emissions from publication].
Cotton Ginning
Operations.
[[Page 54167]]
* * * * * * *
Section .0900 Volatile Organic Compounds
* * * * * * *
Sect .0927................ Bulk Gasoline 7/22/02 9/16/03 [Insert FR
Terminals. page citation of
publication].
* * * * * * *
Sect .0932................ Gasoline Truck Tanks 7/22/02 9/16/03 [Insert FR
and Vapor Collection page citation of
Systems. publication].
* * * * * * *
Subchapter 3Q Air Quality Permits
Section .0100 General Provisions
* * * * * * *
Sect .0102................ Activities Exempted 7/22/02 9/16/03 [Insert FR
From Permit page citation of
Requirements. publication].
* * * * * * *
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[FR Doc. 03-23582 Filed 9-15-03; 8:45 am]
BILLING CODE 6560-50-P