[Federal Register Volume 66, Number 170 (Friday, August 31, 2001)]
[Rules and Regulations]
[Pages 45941-45943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22018]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[NC-T5-2001-02; FRL-7047-2]
Clean Air Act Final Full Approval of Operating Permit Programs;
North Carolina, Mecklenburg County, and Western North Carolina
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final full approval.
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SUMMARY: EPA is promulgating full approval of the operating permit
programs of the North Carolina Department of Environment and Natural
Resources, the Mecklenburg County Department of Environmental
Protection, and the Western North Carolina Regional Air Quality Agency.
These programs were submitted in response to the directive in the 1990
Clean Air Act (CAA) Amendments that permitting authorities develop, and
submit to EPA, programs for issuing operating permits to all major
stationary sources and to certain other sources within the permitting
authorities' jurisdiction. On November 15, 1995, EPA granted interim
approval to the North Carolina, Mecklenburg County, and Western North
Carolina operating permit programs. These agencies revised their
programs to satisfy the conditions of the interim approval, and EPA
proposed full approval in the Federal Register on June 12, 2001. EPA
did not receive any comments on the proposed action, so this action
promulgates final full approval of the North Carolina, Mecklenburg
County, and Western North Carolina operating permit programs.
EFFECTIVE DATE: October 1, 2001.
ADDRESSES: Copies of the North Carolina, Mecklenburg County, and
Western North Carolina submittals and other supporting documentation
used in developing the final full approval are available for inspection
during normal business hours at EPA, Air & Radiation Technology Branch,
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Interested persons
wanting to examine these documents, which are contained in EPA docket
number NC-T5-2001-01, should make an appointment at least 48 hours
before the visiting day.
FOR FURTHER INFORMATION CONTACT: Kim Pierce, EPA Region 4, at (404)
562-9124 or [email protected]/.
SUPPLEMENTARY INFORMATION: This section provides additional information
by addressing the following questions:
What is the operating permit program?
[[Page 45942]]
Why is EPA taking this action?
What is involved in this final action?
What Is the Operating Permit Program?
Title V of the CAA Amendments of 1990 required all state and local
permitting authorities to develop operating permit programs that met
certain federal criteria. In implementing the title V operating permit
programs, the permitting authorities require certain sources of air
pollution to obtain permits that contain all applicable requirements
under the CAA. The focus of the operating permit program is to improve
enforcement by issuing each source a permit that consolidates all of
the applicable CAA requirements into a federally enforceable document.
By consolidating all of the applicable requirements for a facility, the
source, the public, and the permitting authorities can more easily
determine what CAA requirements apply and how compliance with those
requirements is determined.
Sources required to obtain an operating permit under the title V
program include: ``major'' sources of air pollution and certain other
sources specified in the CAA or in EPA's implementing regulations. For
example, all sources regulated under the acid rain program, regardless
of size, must obtain operating permits. Examples of major sources
include those that have the potential to emit 100 tons per year or more
of volatile organic compounds (VOCs), carbon monoxide, lead, sulfur
dioxide, nitrogen oxides ( NOX), or particulate matter
(PM10); those that emit 10 tons per year of any single
hazardous air pollutant (specifically listed under the CAA); or those
that emit 25 tons per year or more of a combination of hazardous air
pollutants (HAPs). In areas that are not meeting the National Ambient
Air Quality Standards for ozone, carbon monoxide, or particulate
matter, major sources are defined by the gravity of the nonattainment
classification. For example, in ozone nonattainment areas classified as
``serious,'' major sources include those with the potential of emitting
50 tons per year or more of VOCs or NOX.
Why Is EPA Taking This Action?
Where a title V operating permit program substantially, but not
fully, met the criteria outlined in the implementing regulations
codified at 40 Code of Federal Regulations (CFR) part 70, EPA granted
interim approval contingent on the state revising its program to
correct the deficiencies. Because the North Carolina, Mecklenburg
County, and Western North Carolina programs substantially, but not
fully, met the requirements of part 70, EPA granted interim approval to
these programs in a rulemaking (60 FR 57357) published on November 15,
1995. The interim approval notice described the conditions that had to
be met in order for the North Carolina, Mecklenburg County, and Western
North Carolina programs to receive full approval. Interim approval of
these programs expires on December 1, 2001.
What Is Involved in This Final Action?
The North Carolina Department of Environment and Natural Resources,
the Mecklenburg County Department of Environmental Protection, and the
Western North Carolina Regional Air Quality Agency have fulfilled the
conditions of the interim approval granted on November 15, 1995. On
June 12, 2001, EPA published a notice in the Federal Register (see 66
FR 31575) proposing full approval of the North Carolina, Mecklenburg
County, and Western North Carolina title V operating permit programs,
and proposing approval of other program revisions. Since EPA did not
receive any comments on the proposal, this action promulgates final
full approval of the North Carolina, Mecklenburg County, and Western
North Carolina programs and final approval of the other program changes
described in the proposal.
Administrative Requirements
A. Docket
Copies of the North Carolina, Mecklenburg County, and Western North
Carolina submittals and other supporting documentation used in
developing the final full approval are contained in docket files
maintained at the EPA Region 4 office. The docket is an organized and
complete file of all the information submitted to, or otherwise
considered by, EPA in the development of this proposed full approval.
The primary purposes of the docket are: (1) To allow interested parties
a means to identify and locate documents so that they can effectively
participate in the approval process, and (2) to serve as the record in
case of judicial review. The docket files are available for public
inspection at the location listed under the ADDRESSES section of this
document.
B. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866, entitled ``Regulatory Planning and
Review.''
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it is not
an economically significant regulatory action as defined in Executive
Order 12866, and it does not involve decisions intended to mitigate
environmental health or safety risks.
D. Executive Order 13132
This rule does not have Federalism implications because it 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, ``Federalism'' (64 FR 43255,
August 10, 1999). This rule merely approves existing requirements under
state law, and does not alter the relationship or the distribution of
power and responsibilities between the state and the federal government
established in the CAA.
E. Executive Order 13175
This rule 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,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000).
F. Executive Order 13211
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
significantly regulatory action under Executive Order 12866.
G. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
conduct
[[Page 45943]]
a regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
This rule will not have a significant impact on a substantial
number of small entities because operating permit program approvals
under section 502 of the CAA do not create any new requirements but
simply approve requirements that the state is already imposing.
Therefore, because this approval does not create any new requirements,
I certify that this action will not have a significant economic impact
on a substantial number of small entities.
H. Unfunded Mandates Reform Act
Under sections 202 of the Unfunded Mandates Reform Act of 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a federal mandate that may result in estimated
costs to state, local, or tribal governments in the aggregate, or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action proposed does not
include a federal mandate that may result in estimated costs of $100
million or more to either state, local, or tribal governments in the
aggregate, or to the private sector. This federal action approves pre-
existing requirements under state or local law, and imposes no new
requirements. Accordingly, no additional costs to state, local, or
tribal governments, or to the private sector, result from this action.
I. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
In reviewing operating permit programs, EPA's role is to approve
state choices, provided that they meet the criteria of the CAA and
EPA's regulations codified at 40 CFR part 70. In this context, in the
absence of a prior existing requirement for the state to use VCS, EPA
has no authority to disapprove an operating permit program for failure
to use VCS. It would thus be inconsistent with applicable law for EPA,
when it reviews an operating permit program, to use VCS in place of an
operating permit program that otherwise satisfies the provisions of the
CAA. Thus, the requirements of section 12(d) of NTTAA do not apply.
J. Paperwork Reduction Act
This action will not impose any collection of information subject
to the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., other than those previously approved and assigned OMB control
number 2060-0243. For additional information concerning these
requirements, see 40 CFR part 70. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
K. Submission to Congress and the Comptroller General
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).
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: August 22, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
For reasons set out in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Appendix A to part 70 is amended by adding paragraphs (a)(2),
(c)(2), and (d)(2) in the entry for North Carolina to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
North Carolina
* * * * *
(a) * * *
(2) North Carolina Department of Environment and Natural
Resources submitted program revisions on March 23, 1995, August 16,
1996, March 19, 1997, July 29, 1998, November 15, 1999, January 21,
2000, June 14, 2000, and August 28, 2000. The rule revisions
contained in the March 23, 1995, March 19, 1997, January 21, 2000,
and August 28, 2000 submittals adequately addressed the conditions
of the interim approval which would expire on December 1, 2001. The
State is hereby granted final full approval effective on October 1,
2001.
* * * * *
(c) * * *
(2) Mecklenburg County Department of Environmental Protection
submitted program revisions on October 11, 1999, November 2, 1999,
December 8, 1999, December 28, 1999, and July 26, 2000. The rule
revisions contained in the October 11, 1999, December 8, 1999,
December 28, 1999, and July 26, 2000 submittals adequately addressed
the conditions of the interim approval which would expire on
December 1, 2001. Mecklenburg County is hereby granted final full
approval effective on October 1, 2001.
* * * * *
(d) * * *
(2) Western North Carolina Regional Air Quality Agency submitted
program revisions on January 23, 1997, September 29, 1999, November
10, 1999, January 5, 2000, and August 17, 2000. The rule revisions
contained in the January 23, 1997, January 5, 2000, and August 17,
2000 submittals adequately addressed the conditions of the interim
approval which would expire on December 1, 2001. Western North
Carolina is hereby granted final full approval effective on October
1, 2001.
* * * * *
[FR Doc. 01-22018 Filed 8-30-01; 8:45 am]
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