[Federal Register: August 22, 2008 (Volume 73, Number 164)]
[Rules and Regulations]
[Page 49613-49616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au08-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-OAR-R04-2008-0512-200815 (a); FRL-8706-4]
Approval and Promulgation of Plans; North Carolina: Miscellaneous
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
State Implementation Plan (SIP) submitted by the North Carolina
Department of Environment and Natural Resources (NCDENR) on behalf of
the State of North Carolina on April 16, 2001, April 4, 2003, and
December 14, 2004. The purpose of these revisions is to require that
continuous emissions monitoring systems be used to determine
compliance; specify a 24-hour block averaging time for sulfur dioxide
emissions; make a correction to a cross-reference; provide options for
supplying missing data and for determining heat input; and make several
revisions to permit exemptions. This action is being taken pursuant to
section 110 of the Clean Air Act (CAA).
DATES: This direct final rule is effective October 21, 2008 without
further notice, unless EPA receives adverse comment by September 22,
2008. 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 No. EPA-OAR-
R04-2008-0512 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: ward.nacosta@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-OAR-R04-2008-0512,'' 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: Nacosta C. Ward, 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 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-OAR-R04-
2008-0512.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://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 http:/
/www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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
http://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 http://
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
[[Page 49614]]
FURTHER INFORMATION CONTACT section to 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: Nacosta C. Ward, 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) 562-9140. Ms. Ward can also be reached via electronic mail at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. EPA's Action
II. Analysis of the State's Submittals
III. Final Action
IV. Statutory and Executive Order Reviews
I. EPA's Action
EPA is taking direct final action to approve multiple revisions for
several rules submitted by NCDENR on April 16, 2001, April 4, 2003, and
December 14, 2004. The revisions were submitted to update the SIP with
State rule changes. The rule changes support North Carolina's plan for
attainment and maintenance of the NAAQS. The rule changes now being
incorporated into the SIP are as follows:
a. 15A North Carolina Administrative Code (NCAC) subchapter 2D,
section .0519, ``Emission Control Standards; Control of Nitrogen
Dioxide and Nitrogen Oxides'' (submitted December 14, 2004, and
effective January 1, 2005);
b. 15A NCAC subchapter 2D, section .0606, ``Monitoring:
Recordkeeping: Reporting; Sources Covered by Appendix P of 40 CFR part
51'' (submitted April 16, 2001, April 4, 2003, and December 14, 2004,
and effective January 1, 2005);
c. 15A NCAC subchapter 2D, section .0608, ``Monitoring/
Recordkeeping/Reporting; Other Large Coal or Residual Oil Burners''
(submitted April 16, 2001, April 4, 2003, and December 14, 2004, and
effective January 1, 2005);
d. 15A NCAC subchapter 2D, section .1404, ``Nitrogen Oxides;
Recordkeeping: Reporting: Monitoring'' (submitted December 14, 2004,
and effective January 1, 2005); and
e. 15A NCAC subchapter 2Q, section .0102, ``Air Quality Permits
Procedures; Activities Exempted from Permit Requirements'' (submitted
December 14, 2004, and effective January 1, 2005).
II. Analysis of State's Submittal
The following analysis is in the order of the rules noted above.
a. 15A NCAC, subchapter 2D, section .0519 is being revised to
remove an incorrect cross-reference in the paragraph which specifies
how to calculate the allowable emission limit for boilers that burn
both coal and oil or gas.
b. and c. 15A NCAC, subchapter 2D, sections .0606 and .0608 are
being revised to require continuous emission monitoring systems (CEMS)
be used to determine compliance for sources covered by Appendix P of 40
CFR part 51 and other large coal or residual oil burners if these
sources are required to use CEMS under another State or federal rule
and to specify a 24-hour averaging time for sulfur dioxide emissions to
determine compliance. These rules were revised to provide facilities an
alternative method of sampling coal and fuel oil instead of sampling
each fuel shipment individually. This revision was made to improve the
quality of reported sulfur dioxide emissions estimates. The final
revision to these rules allow for a different procedure or methodology
other than those specified by sections .0606 and .0608 to be used if
certain conditions are met, specifying the procedures for requesting
these alternative methodologies and approval of the request to utilize
them. These rules currently contain specific procedures and
methodologies for how to monitor sulfur dioxide emissions for fossil
fuel-fired steam generators, nitric acid plants, sulfuric acid plants,
petroleum refineries, and other large coal or residual oil burners.
d. 15A NCAC, subchapter 2D .1404 is being revised to include
options for supplying missing data and determining heat input. This
revision allows the owner or operator of the source to avoid having to
supply missing data if it can be documented that the source and its
control device were being properly operated when the monitoring
measurements are missing.
e. 15A NCAC, subchapter 2Q .0102 is being revised to make changes
to several permit exemptions. Those permit exemptions pertain to
petroleum dry cleaners, small fuel combustion sources which primarily
combust wood, and emergency generators. Revisions to this section make
corrections to a cross-reference and typographical errors and also
includes a clarification that to qualify for the permit exemption, the
exempted sources at a facility must not be in violation of any
applicable emission standard.
III. Final Action
EPA is taking direct final action to approve the aforementioned
revisions, specifically, subchapter 2D, sections .0519, .0606, .0608,
and .1404, and subchapter 2Q, section .0102 into the North Carolina
SIP. These revisions were submitted by NCDENR on April 16, 2001, April
4, 2003, and December 14, 2004.
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 21, 2008
without further notice unless the Agency receives adverse comments by
September 22, 2008.
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. 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 21, 2008 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 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
[[Page 49615]]
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 October 21, 2008. 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. 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,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: August 6, 2008.
Russell L. Wright, Jr.,
Acting Deputy Regional Administrator, Region 4.
0
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. In Sec. 52.1770(c), table 1 is amended:
(a) Under subchapter 2D by revising the entries for ``.0519 Control
of Nitrogen Dioxide and Nitrogen Oxides,'' ``.0606 Sources Covered by
Appendix P of 40 CFR Part 51,'' ``.0608 Other Large Coal or Residual
Oil Burners,'' ``.1404 Recordkeeping: Reporting: Monitoring''; and
(b) Under subchapter 2Q by revising the entry for ``.0102
Activities Exempted from Permit Requirements'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA Approved North Carolina Regulations
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State EPA approval
State citation Title/subject effective date date Explanation
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Subchapter 2D Air Pollution Control Requirements
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* * * * * * *
Sect. 0519................... Control of 01/01/05 08/22/08
Nitrogen
Dioxide and
Nitrogen
Oxides.
* * * * * * *
Sect. 0606................... Sources Covered 01/01/05 08/22/08
by Appendix P
of 40 CFR part
51.
* * * * * * *
Sect. 0608................... Other Large 01/01/05 08/22/08
Coal or
Residual Oil
Burners.
* * * * * * *
Sect. 1404................... Recordkeeping: 01/01/05 08/22/08
Reporting:
Monitoring.
* * * * * * *
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Subchapter 2Q Air Quality Permits
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* * * * * * *
Sect. 0102................... Activities 01/01/05 08/22/08
Exempted from
Permit
Requirements.
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[FR Doc. E8-19192 Filed 8-21-08; 8:45 am]
BILLING CODE 6560-50-P