Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations 34117

§ 52.349 Control strategy: Carbon

monoxide.

* * * * *

(f) Determination. EPA has

determined that the Denver carbon

monoxide ‘‘serious’’ nonattainment area

attained the carbon monoxide national

ambient air quality standard by

December 31, 2000. This determination

is based on air quality monitoring data

from 1998, 1999, and 2000.

[FR Doc. 01–15873 Filed 6–26–01; 8:45 am]

BILLING CODE 6560–50–P

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.

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,

34118 Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations

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 preexisting 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 § 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:

§ 52.1770 Identification of plan.

* * * * *

(c) * * *

EPA APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject

State effective

date

EPA approval date Comments

Subchapter 2D Air Pollution Control Requirements

*******

Section .0900 Volatile Organic Compounds

*******

Sect. .0902 .................................... Applicability ......................................................................................... 07/01/00 8/27/01

Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations 34119

EPA APPROVED NORTH CAROLINA REGULATIONS—Continued

State citation Title/subject

State effective

date

EPA approval date Comments

*******

Sect. .0909 .................................... Compliance Schedules for Sources in New Nonattainment Areas .... 07/01/00 8/27/01

*******

Sect. .0948 .................................... VOC Emissions From Transfer Operations ........................................ 07/01/00 8/27/01

Sect. .0949 .................................... Storage of Miscellaneous Volatile Organic Compounds .................... 07/01/00 8/27/01

Sect. .0951 .................................... Miscellaneous Volatile Organic Compound Emissions ...................... 07/01/00 8/27/01

*******

Sect. .0958 .................................... Work Practices for Sources of Volatile Organic Compounds ............ 07/01/00 8/27/01

*******

Subchapter 2Q Air Quality Permits

*******

Section .0100 General Provisions

*******

Sect. .0102 .................................... Activities Exempted From Permit Requirements ................................ 07/01/00 8/27/01

*******

Section .0300 Construction and Operating Permits

*******

Sect. .0306 .................................... Permits Requiring Public Participation ............................................... 07/01/00 8/27/01

*******

[FR Doc. 01–15875 Filed 6–26–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–7003–2]

RIN 2090–AA20

Project XL Site-Specific Rulemaking

for Weyerhaeuser Company Flint River

Operations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: Today EPA is publishing a

final rule, approving revisions to the

National Emission Standards for

Hazardous Air Pollutants (NESHAP),

which concern the control of hazardous

air pollutant (HAP) emissions from the

pulp and paper industry. The revisions

apply only to the Weyerhaeuser

Company’s Flint River Operations in

Oglethorpe, Georgia (Weyerhaeuser).

The revisions are one of the EPA’s steps

to implement the Final Project

Agreement for Weyerhaeuser’s XL

Project.

These revisions regulate emissions of

HAPs in accordance with the

requirements of the Clean Air Act, as

amended in 1990 (CAA or the Act) and

to facilitate implementation of the

Project eXcellence and Leadership

(Project XL) at Weyerhaeuser. EPA also

expects implementation to result in

superior environmental performance

while providing Weyerhaeuser with

greater operational flexibility.

DATES: This final rule is effective on

June 27, 2001.

ADDRESSES: A docket containing

supporting information used in

developing this final rule is available on

the world wide web at http://

www.epa.gov/ProjectXL. It is also

available for public inspection and

copying at Environmental Protection

Agency, Region 4, 61 Forsyth Street,

Atlanta, Georgia, 30303; and at

Environmental Protection Agency,

Headquarters, 401 M Street, SW., Room

3802–M, Washington, DC 20460.

Persons wishing to view the materials at

the Georgia location are encouraged to

contact Mr. Lee Page in advance by

telephoning (404) 562–9131. Persons

wishing to view the materials at the

Washington DC location are encouraged

to contact Ms. Janet Murray in advance

by telephoning (202) 260–2570. A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: Mr.

Lee Page, Environmental Protection

Agency, Region 4, Air, Pesticides &

Toxics Management Division, 61

Forsyth Street, Atlanta, GA, 30303, (404)

562–9131.

SUPPLEMENTARY INFORMATION: The

information presented in this preamble

is organized as follows:

I. Authority

II. Background

A. What Is Project XL?

B. What Is EPA Publishing?

C. What Are the Environmental Benefits

Anticipated Through Project XL?

D. Stakeholder Involvement in the XL

Process

E. What Are the National Emission

Standards for Hazardous Air Pollutants?

F. What Are the Regulatory Requirements

for the Weyerhaeuser XL Project?

G. What Is the Project Duration and

Completion Date?