[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Rules and Regulations]
[Pages 34117-34119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15875]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC 95-200034a; FRL-6993-9]
Approval and Promulgation of Implementation Plans; North
Carolina: Approval of Revisions to Miscellaneous Volatile Organic
Compounds Regulations Within the North Carolina State Implementation
Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On July 28, 2000, the North Carolina Department of Health and
Natural Resources submitted revisions to the North Carolina State
Implementation Plan (SIP). These revisions include the adoption,
revision and repeal of multiple Volatile Organic Compounds (VOCs)
regulations. The purpose of these revisions is to make the revised
regulations consistent with the requirements of the Clean Air Act as
amended in 1990. The EPA is approving these revisions.
DATES: This direct final rule is effective August 27, 2001 without
further notice, unless EPA receives adverse comment by July 27, 2001.
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: All comments should be addressed to: Randy Terry at the EPA,
Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia
30303.
Copies of the State submittal(s) are available at the following
addresses for inspection during normal business hours: Environmental
Protection Agency, Region 4, Air Planning Branch, 61 Forsyth Street,
SW, Atlanta, Georgia 30303-8960. Randy Terry, 404/562-9032. North
Carolina Department of Environment, Health, and Natural Resources, 512
North Salisbury Street, Raleigh, North Carolina 27604.
FOR FURTHER INFORMATION CONTACT: Randy B. Terry at 404/562-9032.
SUPPLEMENTARY INFORMATION:
I. Background
On July 28, 2000, the North Carolina Department of Health and
Natural Resources submitted revisions to the North Carolina SIP. These
revisions include the adoption, revision and repeal of multiple VOC
regulations. A detailed analysis of each of the major revisions
submitted is listed below.
II. Analysis of State's Submittal
15A NCAC
2D .0518 Miscellaneous Volatile Organic Compound Emissions
This rule has been repealed. Most of the requirements set forth in
this rule have become antiquated or have been incorporated into other
air quality rules. The remaining requirements which have not been
incorporated into other rules, will be covered in 15A NCAC 2D. 0958
Work Practice Standards for VOCs.
2D .0902 Applicability
This rule is being amended to add references to new or recently
adopted VOC rules. This change is necessary in part to ensure that the
requirements that were contained in 2D .0518 are now covered in new
requirements located in 2D .0900 VOCs.
2D .0909 Compliance Schedules For Sources in New Nonattainment Areas.
This rule is being amended to remove references to 2D .0518.
2D .0948 VOC Emissions from Transfer Operations
This rule is being amended to correct minor administrative changes
and clarifications.
2D .0949 VOC Storage of Miscellaneous Volatile Organic Compounds.
This rule is being amended to remove the requirement of having the
director approve the vapor recovery system or any other means of air
pollution. Approval must now be obtained through the permitting
process.
2D .0950 Interim Standards for Certain Source Categories.
This rule is being repealed since it is obsolete and does not
currently apply to any source.
2D .0951 Miscellaneous Volatile Organic Compound Emissions.
This rule is being amended to eliminate all former references to 2D
.0518, add references to 2D .0958, and make other minor modifications
to update this rule. Additionally, this rule is being revised to
require the usage of Reasonably Available Control Technology (RACT), so
that this rule remains consistent with the other rules in section 2D
.0900.
2D .0958 Work Practices for Sources of Volatile Organic Compounds
This rule is being adopted to establish work practice standards for
a wide spectrum of VOC sources. These work practice standards include
such practices as: storing all VOC material in containers with tightly
fitting lids, cleaning up all spills of VOC materials as soon as
possible, and similar, reasonable controls for solvent cleaning
activities. These new standards will replace the existing VOC
requirements that have become antiquated.
2Q .0102 Activities Exempted From Permit Requirements
This rule is being revised to correct cross references to the state
incinerator regulations.
2Q .0306 Permits Requiring Public Participation
This rule is being revised to correct cross references to the state
incinerator regulations.
III. Final Action
EPA is approving the aforementioned changes to the SIP because the
revisions are consistent with Clean Air Act and EPA regulatory
requirements. 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 August
27, 2001 without further notice unless the Agency receives adverse
comments by July 27, 2001.
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 August 27,
[[Page 34118]]
2001 and no further action will be taken on the proposed rule.
IV. Administrative Requirements
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. 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 governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason,
this rule also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This rule will 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), because it
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 (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. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the Executive Order.
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. section 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.
section 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 August 27, 2001. 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,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: January 5, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Accordingly, 40 CFR, chapter I, part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority for citation for part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
2. In the table in Sec. 52.1770(c), the table is amended:
a. Under subchapter 2D by revising entries: .0902; .0909; .0948;
.0949; and .0951;
b. Under subchapter 2D by adding in numerical order a new entry for
.0958.
c. Under subchapter 2D by removing entries .0518; and .0950.
d. Under subchapter 2Q by revising entries .0102 and .0306.
The revisions and additions read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
EPA Approved North Carolina Regulations
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State EPA
State citation Title/subject effective approval Comments
date date
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Subchapter 2D Air Pollution Control Requirements
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* * * * * *
*
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Section .0900 Volatile Organic Compounds
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* * * * * *
*
Sect. .0902......................... Applicability............... 07/01/00 8/27/01
[[Page 34119]]
* * * * * *
*
Sect. .0909......................... Compliance Schedules for 07/01/00 8/27/01
Sources in New
Nonattainment Areas.
* * * * * *
*
Sect. .0948......................... VOC Emissions From Transfer 07/01/00 8/27/01
Operations.
Sect. .0949......................... Storage of Miscellaneous 07/01/00 8/27/01
Volatile Organic Compounds.
Sect. .0951......................... Miscellaneous Volatile 07/01/00 8/27/01
Organic Compound Emissions.
* * * * * *
*
Sect. .0958......................... Work Practices for Sources 07/01/00 8/27/01
of Volatile Organic
Compounds.
* * * * * *
*
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Subchapter 2Q Air Quality Permits
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* * * * * *
*
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Section .0100 General Provisions
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* * * * * *
*
Sect. .0102......................... Activities Exempted From 07/01/00 8/27/01
Permit Requirements.
* * * * * *
*
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Section .0300 Construction and Operating Permits
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* * * * * *
*
Sect. .0306......................... Permits Requiring Public 07/01/00 8/27/01
Participation.
* * * * * *
*
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[FR Doc. 01-15875 Filed 6-26-01; 8:45 am]
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