[Federal Register Volume 70, Number 188 (Thursday, September 29, 2005)]
[Rules and Regulations]
[Pages 56853-56856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19352]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[RO4-OAR-2005-NC-0003-200532(a); FRL-7976-5]
Approval and Promulgation of State Plan for Designated Facilities
and Pollutants; North Carolina
AGENCY: Environmental Protection Agency (EPA)
ACTION: Direct final rule.
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SUMMARY: EPA is approving the Clean Air Act (CAA) section 111(d)/129
State Plan submitted by the North Carolina Department of Environment
and Natural Resources (North Carolina DENR) for the State of North
Carolina on August 7, 2002, and subsequently revised on December 14,
2004 (State Plan). The State Plan is for implementing and enforcing the
Emissions Guidelines (EG) applicable to existing Commercial and
Industrial Solid Waste Incineration (CISWI) Units that commenced
construction on or before November 30, 1999.
DATES: This direct final rule will be effective November 28, 2005
unless EPA receives adverse comments by October
[[Page 56854]]
31, 2005. If adverse comments are received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. RO4-OAR-2005-NC-0003, by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: [email protected].
4. Fax: (404) 562-9164.
5. Mail: ``RO4-OAR-2005-NC-0003'', Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia
30303-8960.
6. Hand Delivery or Courier. Deliver your comments to: Joydeb
Majumder, Air Toxics and Monitoring Branch 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 Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
Instructions: Direct your comments to RME ID No. RO4-OAR-2005-NC-
0003. 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://docket.epa.gov/rmepub/, 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 information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the federal regulations.gov Web
site are ``anonymous access'' systems, 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 RME or 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.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. 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 RME
or in hard copy at the Air Toxics Assessment and Implementation
Section, Air Toxics and Monitoring 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 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, 8:30 to
4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joydeb Majumder at (404) 562-9121.
SUPPLEMENTARY INFORMATION:
I. Background
On December 1, 2000, pursuant to CAA sections 111 and 129, EPA
promulgated new source performance standards (NSPS) applicable to new
CISWI units and EG applicable to existing CISWI units. The NSPS and EG
are codified at 40 CFR part 60, subparts CCCC and DDDD, respectively.
Subparts CCCC and DDDD regulate the following: Particulate matter,
opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon
monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans.
For existing sources, CAA section 129(b)(2) requires states to
submit to EPA for approval State Plans that implement and enforce the
EG contained in 40 CFR part 60, subpart DDDD. State Plans must be at
least as protective as the EG, and become Federally enforceable upon
approval by EPA. Pursuant to subpart DDDD, State Plans must include the
following nine items: An inventory of affected CISWI units; an
inventory of emissions from affected CISWI units; compliance schedules
for each affected CISWI unit; emission limitations, operator training
and qualification requirements, a waste management plan, and operating
limits for affected CISWI units; performance testing, record keeping,
and reporting requirements; certification that a public hearing was
held; provision for State progress reports to EPA; identification of
enforceable State mechanisms for implementing the emission guidelines;
and a demonstration of the State's legal authority to carry out the
State Plan. The procedures for adoption and submittal of State Plans
are codified in 40 CFR part 60, subpart B.
In this action, EPA is approving the State Plan for existing CISWI
units submitted by North Carolina DENR because it meets the
requirements of 40 CFR part 60, subpart DDDD.
II. Discussion
North Carolina DENR's 111(d) / 129 State Plan for implementing and
enforcing the EG for existing CISWI units includes the following:
Public Participation-Demonstration that the Public Had Adequate Notice
and Opportunity to Submit Written Comments and Attend Public Hearing;
Emissions Standards and Compliance Schedules; Emission Inventories,
Source Surveillance, and Reports; and Legal Authority. EPA's approval
of the State Plan is based on our finding that it meets the nine
requirements of 40 CFR part 60, subpart DDDD.
Requirements (1) and (2): Inventory of affected CISWI units and
inventory of emissions. North Carolina DENR submitted an emissions
inventory of all designated pollutants for existing CISWI units under
their jurisdiction in the State of North Carolina. This portion of the
State Plan has been reviewed and approved as meeting the Federal
requirements for existing CISWI units.
Requirement (3): Compliance schedules for each affected CISWI unit.
North Carolina DENR submitted the compliance schedule for existing
CISWI units under their jurisdiction in the State of North Carolina.
This portion of the State Plan has been reviewed and approved as being
at least as protective as Federal requirements for existing CISWI
units.
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Requirement (4): Emission limitations, operator training and
qualification requirements, a waste management plan, and operating
limits for affected CISWI units. North Carolina DENR adopted all
emission standards and limitations applicable to existing CISWI units.
These standards and limitations have been approved as being at least as
protective as the Federal requirements contained in subpart DDDD for
existing CISWI units.
Requirement (5): Performance testing, recordkeeping, and reporting
requirements. The State Plan contains requirements for monitoring,
recordkeeping, reporting, and compliance assurance. This portion of the
State Plan has been reviewed and approved as being at least as
protective as the Federal requirements for existing CISWI units. The
North Carolina DENR State Plan also includes its legal authority to
require owners and operators of designated facilities to maintain
records and report on the nature and amount of emissions and any other
information that may be necessary to enable North Carolina DENR to
judge the compliance status of the facilities in the State Plan. North
Carolina DENR also submitted its legal authority to provide for
periodic inspection and testing and provisions for making reports of
existing CISWI unit emissions data, correlated with emission standards
that apply, available to the general public.
Requirement (6): Certification that a public hearing was held.
North Carolina DENR provided certification that a public hearing was
held on January 7, 2002.
Requirement (7): Provision for State progress reports to EPA. The
North Carolina DENR State Plan provides for progress reports of plan
implementation updates to EPA on an annual basis. These progress
reports will include the required items pursuant to 40 CFR part 60,
subpart B. This portion of the State Plan has been reviewed and
approved as meeting the Federal requirement for State Plan reporting.
Requirement (8): Identification of enforceable State mechanisms for
implementing the Emission Guidelines. An enforcement mechanism is a
legal instrument by which the North Carolina DENR can enforce a set of
standards and conditions. The North Carolina DENR has adopted 40 CFR
part 60, subpart DDDD, into 15A North Carolina Administrative Code
(NCAC) 2D.1210, of the North Carolina Air Regulations for the
Prevention, Abatement, and Control of Air Contaminants. Therefore,
North Carolina DENR's mechanism for enforcing the standards and
conditions of 40 CFR part 60, subpart DDDD, is Rule 15A NCAC 2D.1210.
On the basis of this rule and the rules identified in Requirement (9)
below, the State Plan is approved as being at least as protective as
the Federal requirements for existing CISWI units.
Requirement (9): A demonstration of the State's legal authority to
carry out the State Plan. North Carolina DENR demonstrated legal
authority to adopt emissions standards and compliance schedules for
designated facilities; authority to enforce applicable laws,
regulations, standards, and compliance schedules, and authority to seek
injunctive relief; authority to obtain information necessary to
determine whether designated facilities are in compliance with
applicable laws, regulations, standards, and compliance schedules,
including authority to require record keeping and to make inspections
and conduct tests at designated facilities; authority to require owners
or operators of designated facilities to install, maintain, and use
emission monitoring devices and to make periodic reports to the State
on the nature and amount of emissions from such facilities; and
authority to make emissions data publicly available.
North Carolina DENR cites the following references for the legal
authority noted above: Adopt emission standards and compliance
schedules--North Carolina General Statutes (N.C.G.S.) Sec. 143-
215.107(a)(3), (5), (10), and N.C.G.S. Sec. 143-214.108(c)(1); enforce
applicable laws, regulations, standards, and compliance schedules and
seek injunctive relief--N.C.G.S. Sec. 143-215.114A, N.C.G.S. Sec.
143-215.114C, N.C.G.S. Sec. 143-215.69, and N.C.G.S. Sec. 143-
215.3(a)(12); obtain information necessary to determine compliance--
N.C.G.S. Sec. 143-215.107(a)(4), N.C.G.S. Sec. 143-215.107(a)(2), and
N.C.G.S. Sec. 143-215.63-69; require record keeping, make inspections,
and conduct tests--N.C.G.S. Sec. 143-215.3(a)(2), N.C.G.S. Sec. 143-
215.63-69, and N.C.G.S. Sec. 143-215.108(d)(1); require the use of
monitors and require emission reports of owners or operators--N.C.G.S.
Sec. 143-215.3(a)(2), N.C.G.S. Sec. Sec. 143-215.63--69, N.C.G.S.
Sec. 143-215.107(a)(4), N.C.G.S. Sec. 143-215.107(a)(10), N.C.G.S.
Sec. 143-215.108(c)(1), and N.C.G.S. Sec. 143-215.108(c)(5); and make
emissions data publicly available--N.C.G.S. Sec. Sec. 132-1, et seq,
and N.C.G.S. Sec. 143-215.3(a)(2).
EPA is approving the State Plan for existing CISWI units submitted
by North Carolina DENR because it meets the nine requirements of 40 CFR
part 60, subpart DDDD.
III. Final Action
In this action, EPA approves the 111(d)/129 State Plan submitted by
North Carolina DENR for the State of North Carolina to implement and
enforce 40 CFR part 60, subpart DDDD, as it applies to existing CISWI
units. 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 State Plan should
adverse comments be filed. This rule will be effective November 28,
2005 without further notice unless the Agency receives adverse comments
by October 31, 2005.
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 November 28, 2005 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.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
rule 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
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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).
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 rule 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 rule 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 111(d)/129 plan 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 111(d)/129 plan submission for failure to use
VCS. It would thus be inconsistent with applicable law for EPA, when it
reviews a 111(d)/129 plan submission, to use VCS in place of a 111(d)/
129 plan 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 rule 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 28, 2005. 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 rule may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects 40 CFR Part 62
Environmental protection, Air pollution control, Commercial and
industrial solid waste incineration units, Nitrogen dioxide,
Particulate matter, and Sulfur oxides.
Dated: September 19, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
Chapter I, title 40 of the Code of Federal Regulation is amended as
follows:
PART 62--[AMENDED]
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. Subpart II is amended by adding an undesignated center heading and
Sec. 62.8355 to read as follows:
Air Emissions From Commercial and Industrial Solid Waste Incineration
(CISWI) Units--Section 111(d)/129 Plan
Sec. 62.8355 Identification of sources.
The Plan applies to existing Commercial and Industrial Solid Waste
Incineration Units that Commenced Construction On or Before November
30, 1999.
[FR Doc. 05-19352 Filed 9-28-05; 8:45 am]
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