Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39027 

1 ‘‘Air Curtain Burner’’ as defined in 2D Section 

.1902 is a stationary or portable combustion device 

that directs a plane of high velocity forced draft air 

through a manifold head into a pit or container with 

vertical walls in such a manner as to maintain a 

curtain of air over the surface of the pit and a 

circulating motion of air under the curtain. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0085; FRL–9966–24- 

Region 4] 

Air Plan Approval; NC; Air Curtain 

Burners 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of revisions to the 

North Carolina State Implementation 

Plan (SIP) submitted by the State of 

North Carolina through the North 

Carolina Department of Environmental 

Quality (formerly the North Carolina 

Department of Environment and Natural 

Resources), Division of Air Quality 

(DAQ), on October 14, 2004, March 24, 

2006, and January 31, 2008. The 

revisions which EPA is approving are 

changes to the air curtain burner 

regulation of the North Carolina SIP. 

These revisions are part of North 

Carolina’s strategy to meet and maintain 

the national ambient air quality 

standards (NAAQS). EPA has taken or 

will take action with respect to all other 

portions of these SIP revisions. This 

action is being taken pursuant to the 

Clean Air Act (CAA or Act) and its 

implementing regulations. 

DATES: This direct final rule is effective 

October 16, 2017 without further notice, 

unless EPA receives adverse comment 

by September 18, 2017. 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: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2007–0085 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman or Nacosta C. Ward, Air 

Regulatory Management Section, Air 

Planning and Implementation Branch, 

Air, Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Mr. 

Lakeman can be reached via telephone 

at (404) 562–9043 or via electronic mail 

at lakeman.sean@epa.gov. Ms. Ward can 

be reached via telephone at (404) 562– 

9140, or via electronic mail at 

ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In this rulemaking, EPA is taking 

direct final action to approve portions of 

the revisions to the North Carolina SIP 

submitted on October 14, 2004, March 

24, 2006, and January 31, 2008. EPA is 

taking direct final action on the changes 

to 15A NCAC Subchapter 2D—Air 

Pollution Control Requirements, Section 

.1904, Air Curtain Burners. These 

changes are a part of North Carolina’s 

strategy to attain and maintain the 

NAAQS and are approvable into the 

North Carolina SIP pursuant to section 

110 of the CAA. EPA is not taking action 

on 15A NCAC Subchapter 2D—Air 

Pollution Control Requirements, Section 

.1201, Purpose and Scope, submitted on 

January 31, 2008, because this rule 

pertains to incinerators and addresses 

emission guidelines under CAA sections 

111(d) and 129 and 40 CFR part 60; it 

is not a part of the federally-approved 

SIP. EPA has taken or will take separate 

action on all other portions of these SIP 

submissions. 

II. Analysis of the State Submittals 

North Carolina submitted revisions to 

15A NCAC Subchapter 2D—Air 

Pollution Control Requirements, Section 

.1904, Air Curtain Burners for 

incorporation into the federallyapproved SIP. Detailed descriptions of 

the changes are below: 

A. Changes to 2D Section .1904— 

Submitted October 14, 2004 

The changes contained in the October 

14, 2004, SIP submission require that 

permits be obtained for air curtain 

burners as defined by 40 CFR 60.2245 

through 60.2265, permanent burning 

sites or materials transported from 

burning site to burning site. These 

permitted air curtain burners must also 

have a certified visible emissions reader 

onsite at all times and during the 

operation of the burner to ensure that 

the visible emissions can be read for 

compliance purposes. A provision has 

also been added to cease operation of air 

curtain burners in fine particulate 

matter (PM2.5) and ozone nonattainment 

areas on ozone action days with status 

‘‘orange’’ or above. 

North Carolina’s submission modifies 

the provision which governs air curtain 

burning where burning should be at 

least 500 feet away from any dwelling, 

group of dwellings, or commercial or 

institutional establishment or other 

occupied structure not located on the 

property where the burning is 

conducted. These burning occurrences 

must be approved before the initiation 

of the burn. The daily log at permanent 

air curtain burner sites must be 

maintained onsite for two years and be 

available for inspection. If an owner or 

operator is using a different technology 

or method other than an air curtain 

burner as defined under 2D Section 

.1902,1 the owner or operator must 

demonstrate that the burner is at least as 

effective. The revision also specifies that 

if it is a burner constructed after 

November 30, 1999, or has been 

modified after June 1, 2001, it must 

comply with 40 CFR 60.2245 through 

60.2265 (i.e., the ‘‘Air Curtain 

Incinerators’’ portion of 40 CFR part 60, 

subpart CCCC (Standards of 

Performance for Commercial and 

Industrial Solid Waste Incineration 

Units). 

This SIP revision increases the sixminute average plume opacity limit 

during operation from five percent to 

ten percent. North Carolina states that 

the purpose of this change is to align the 

state rule with federal requirements. 

The revision also extends the allowed 

startup time of the burners from 30 to 

45 minutes. The revision does not 

change an existing allowance for one 

six-minute period with an average 

opacity of more than ten percent but no 

more than 35 percent during any onehour period. 

On April 11, 2017, DAQ submitted a 

non-interference or section 110(l) 

demonstration which describes how 

these changes will not interfere with the 

attainment and maintenance of the 

NAAQS. North Carolina states there are 


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39028 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 

2 62 FR 27968 (May 22, 1997). 

currently seven air curtain burners in 

the State that are subject to 2D Section 

.1904 but that, due to source size and 

construction commencement dates, 

none are subject to 40 CFR part 60, 

subpart CCCC. Additionally, North 

Carolina states that any change in 

source emissions associated with the 

alignment of the opacity limit of 2D 

Section .1904 with the federal 

regulations would be minimal. North 

Carolina reports that these facilities are 

not routinely operational, as they are 

used primarily for elimination of debris 

after severe storms. North Carolina also 

demonstrates that reported pollutant 

emissions from these units have been 

very low and that the design values in 

the counties closest to them (all in the 

eastern part of the State) are well below 

the Fine Particulate Matter NAAQS. 

North Carolina also notes that there are 

currently no nonattainment areas for 

any NAAQS in the State and that these 

changes to the SIP are not anticipated to 

cause any area to come out of 

compliance with the NAAQS. 

B. Changes to Section .1904—Submitted 

March 24, 2006 

The changes contained in the March 

24, 2006, SIP submission are 

clarifications to existing text in the 

regulation. The changes make the 

regulation applicable to air curtain 

burners in general and not only those 

currently identified in paragraph (a), 

which are burners subject to 40 CFR 

60.2245–60.2265 or located at 

permanent burning sites or where 

materials are transported in from 

another burning site. The term ‘‘ozone 

forecast area’’ is also being replaced 

with ‘‘air quality forecast area’’ in order 

to address all pollutants instead of only 

ozone. 

C. Changes to Section. 1904—Submitted 

January 31, 2008 

The changes contained in the January 

31, 2008, SIP submission expand the 

scope of the types of air curtain burners 

for which air quality permits must be 

issued to also include air curtain 

burners subject to 40 CFR 60.2810 

through 60.2870, 60.2970 through 

60.2975, and 60.3062 through 60.3069. 

The changes specify the opacity 

standards to which the various air 

curtain burner types are subject as 

outlined in 40 CFR part 60, instead of 

the opacity standards as previously 

outlined in the existing subparagraphs 

of the regulation. Lastly, the 

recordkeeping and reporting 

requirements have also been expanded 

to note the applicability of the 

additional requirements for owner and 

operators of air curtain burners subject 

to 40 CFR 60.2810 through 60.2870, 

60.2970 through 60.2975, and 60.3062 

through 60.3069. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of 15A NCAC Subchapter 

2D—Air Pollution Control 

Requirements, Sect. .1904, Air Curtain 

Burners effective March 11, 2004, 

November 10, 2005, and July 1, 2007, 

revising air curtain burner requirements. 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally-enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.2

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 4 Office 

(please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

IV. Final Action 

EPA is approving the aforementioned 

revisions to the North Carolina SIP 

submitted by the State of North Carolina 

on October 14, 2004, March 24, 2006, 

and January 31, 2008, pursuant to 

section 110 because these revisions are 

consistent with the CAA. Changes to the 

other sections in these submissions will 

be or have been processed in a separate 

action, as appropriate, for approval into 

the North Carolina SIP. As noted above, 

EPA is not taking action on changes to 

15A NCAC Subchapter 2D—Air 

Pollution Control Requirements, Section 

.1201, Purpose and Scope, as submitted 

on January 31, 2008, because this rule 

pertains to incinerators and addresses 

emission guidelines under CAA sections 

111(d) and 129 and 40 CFR part 60 and 

is not a part of the federally-approved 

SIP. 

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 16, 2017 

without further notice unless the 

Agency receives adverse comments by 

September 18, 2017. 

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 adverse 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 16, 

2017 and no further action will be taken 

on the proposed rule. 

V. 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. 

See 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: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 


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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39029 

• 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 

• 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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 16, 2017. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 4, 2017. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart II—North Carolina 

■ 2. In § 52.1770, the table in paragraph 

(c) is amended by revising the entry 

‘‘Sect .1904’’ to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

Subchapter 2D Air Pollution Control Requirements 

*******

Section .1900 Open Burning 

*******

Sect .1904 ................................... Air Curtain Burners ...................... 7/1/2007 8/17/2017, [insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2017–17244 Filed 8–16–17; 8:45 am] 

BILLING CODE 6560–50–P 


sradovich on DSK3GMQ082PROD with RULES