[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Rules and Regulations]
[Pages 49613-49616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19192]


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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: <a href="/cdn-cgi/l/email-protection#2b5c4a594f05454a4844585f4a6b4e5b4a054c445d"><span class="__cf_email__" data-cfemail="ddaabcafb9f3b3bcbeb2aea9bc9db8adbcf3bab2ab">[email protected]</span></a>.
    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 
<a href="/cdn-cgi/l/email-protection#d3a4b2a1b7fdbdb2b0bca0a7b293b6a3b2fdb4bca5"><span class="__cf_email__" data-cfemail="4f382e3d2b61212e2c203c3b2e0f2a3f2e61282039">[email protected]</span></a>.

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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
----------------------------------------------------------------------------------------------------------------
                                                     State       EPA approval
        State citation          Title/subject   effective date       date                  Explanation
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 2Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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


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