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Approval and Promulgation of Implementation Plans; North Carolina: Approval of Miscellaneous Revisions to The Mecklenburg County Local Implementation Plan
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 22, 2002 (Volume 67, Number 204)]
[Rules and Regulations]
[Page 64999-65001]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc02-20]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC 98-200237a; FRL-7377-8]
Approval and Promulgation of Implementation Plans; North
Carolina: Approval of Miscellaneous Revisions to The Mecklenburg County
Local Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On May 25, 2001, the Mecklenburg County Department of
Environmental Protection, through the North Carolina Department of
Environment and Natural Resources, submitted revisions to the
Mecklenburg County Local Implementation Plan (LIP). These revisions
include the amending of volatile organic compound (VOC) emissions and
other miscellaneous revisions. Additionally, Mecklenburg County Air
Pollution Control Ordinance (MCAPCO) 2.0950 Interim Standards For
Certain Source Categories is being repealed. The purpose of these
revisions is to make the revised regulations consistent with the State
Implementation Plan for North Carolina and the requirements of the
Clean Air Act as amended in 1990. The EPA is approving these revisions.
DATES: This direct final rule is effective December 23, 2002 without
further notice, unless EPA receives adverse comment by November 21,
2002. 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
30303-8960.
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 and Natural Resources, 512
North Salisbury Street, Raleigh,
North Carolina 27604.
Mecklenburg County Department of Environmental Protection, 700 North
Tryon Street, Charlotte, North Carolina 28202-2236.
FOR FURTHER INFORMATION CONTACT: Randy B. Terry at 404/562-9032, or by
electronic mail at terry.randy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 25, 2001, the Mecklenburg County Department of Environmental
Protection, through the North Carolina Department of Environment and
Natural Resources, submitted revisions to the Mecklenburg county LIP.
These revisions include definitions, VOC emissions, transportation
conformity, and general provisions regulations. A detailed analysis of
each of the major revisions submitted is listed below.
II. Analysis of Mecklenburg County's Submittal
MCAPCO 1.5102 Definition of Terms
This rule was revised to remove the definition of ``irrevocable
contract.''
MCAPCO 1.5211 Applicability
This rule was amended to remove language that prohibited permits
for sources listed in paragraph (c), of this regulation, to contain
construction and operating conditions which allow minor equipment and
product additions/substitutions and/or minor increases in emissions of
certain air pollutants.
MCAPCO 2.0518 Miscellaneous Volatile Organic Compounds Emissions
This rule has been amended to add language that explains facilities
do not need to comply with the requirements of paragraph (d) of this
regulation if they comply with MCAPCO regulation 2.0958. This
amendments make it the facilities responsibility to notify MCDEP prior
to choosing compliance with MCAPCO 2.0958 and to modify the permit to
construct and operate issued in accordance with MCAPCO Section 1.5200.
The following rules from the North Carolina SIP are being adopted
in full by reference into the Mecklenburg county LIP.
15 A NCAC 2D
.0523 Control of Conical Incinerators (MCAPCO 2.0523)
.0610 Delegation Federal Monitoring Requirements (MCAPCO 2.0610)
.0902 Applicability (MCAPCO 2.0902)
.0951 Miscellaneous Volatile Organic Compounds Emissions (MCAPCO
2.0951)
.0958 Work Practices for Sources of Volatile Organic Compounds (MCAPCO
2.0958)
The following rule was repealed previously in the North Carolina
SIP and is now being repealed in the Mecklenburg LIP.
.0950 Interim Standards for Certain Source Categories (MCAPCO 2.0950)
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 December
23, 2002 without further notice unless the Agency receives adverse
comments by November 21, 2002.
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 December 23, 2002 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.
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. 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
[[Page 65000]]
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 action 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 action 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 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. 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 action 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 December 23, 2002. 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, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: August 14, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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. Section 52.1770(c) is amended by adding a new table 3 to read as
follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
Table 3.--EPA Approved Mecklenburg County Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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Article 1.000 Permitting Provisions For Air Pollution Sources, Rules and Operating Regulations For Acid Rain
Sources, Title V and Toxic Air Pollutants
Section 1.5100 General Provisions and Administrations
----------------------------------------------------------------------------------------------------------------
1.5102.......................... Definition of Terms..... 11/21/00 10/22/02, [FR cite]
..................
---------------------------------
Section 1.5200 Air Quality Permits
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1.5211.......................... Applicability........... 11/21/00 10/22/02, [FR cite]
..................
---------------------------------
Article 2.0000 Air Pollution Control Regulations and Procedures
Section 2.0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
2.0518.......................... Miscellaneous Volatile 11/21/00 10/22/02, [FR cite]
..................
Organic Compounds
Emissions.
2.0523.......................... Control of Conical 11/21/00 10/22/02, [FR cite]
..................
Incinerators.
---------------------------------
Section 2.0600 Air Pollutants: Monitoring: Reporting
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2.0610.......................... Delegation Federal 11/21/00 10/22/02, [FR cite]
..................
Monitoring Requirements.
---------------------------------
Section 2.0900 Volatile Organic Compounds
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2.0902.......................... Applicability........... 11/21/00 10/22/02, [FR cite]
..................
2.0950.......................... Interim Standards for 11/21/00 10/22/02, [FR cite]
..................
Certain Source
Categories.
[[Page 65001]]
2.0951.......................... Miscellaneous Volatile 11/21/00 10/22/02, [FR cite]
..................
Organic Compounds
Emissions.
2.0958.......................... Work Practices for 11/21/00 10/22/02, [FR cite]
..................
Sources of Volatile
Organic Compounds.
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[FR Doc. 02-23582 Filed 10-21-02; 8:45 am]
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