82_FR_39185 82 FR 39027 - Air Plan Approval; NC; Air Curtain Burners

82 FR 39027 - Air Plan Approval; NC; Air Curtain Burners

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 158 (August 17, 2017)

Page Range39027-39029
FR Document2017-17244

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.

Federal Register, Volume 82 Issue 158 (Thursday, August 17, 2017)
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39027-39029]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17244]



[[Page 39027]]

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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.

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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 [email protected]. Ms. Ward can be reached 
via telephone at (404) 562-9140, or via electronic mail at 
[email protected].

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 federally-approved 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).
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    \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.
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    This SIP revision increases the six-minute 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 one-
hour 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

[[Page 39028]]

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).
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    \2\ 62 FR 27968 (May 22, 1997).
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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);

[[Page 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

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, the table in paragraph (c) is amended by revising 
the entry ``Sect .1904'' to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                Table 1--EPA-Approved North Carolina Regulations
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                                                       State
         State citation            Title/subject     effective   EPA approval date           Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect .1904.....................  Air Curtain           7/1/2007  8/17/2017,         ............................
                                  Burners.                        [insert Federal
                                                                  Register
                                                                  citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-17244 Filed 8-16-17; 8:45 am]
 BILLING CODE 6560-50-P



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

                                              ENVIRONMENTAL PROTECTION                                submission (i.e. on the web, cloud, or                burning site to burning site. These
                                              AGENCY                                                  other file sharing system). For                       permitted air curtain burners must also
                                                                                                      additional submission methods, the full               have a certified visible emissions reader
                                              40 CFR Part 52                                          EPA public comment policy,                            onsite at all times and during the
                                              [EPA–R04–OAR–2007–0085; FRL–9966–24-
                                                                                                      information about CBI or multimedia                   operation of the burner to ensure that
                                              Region 4]                                               submissions, and general guidance on                  the visible emissions can be read for
                                                                                                      making effective comments, please visit               compliance purposes. A provision has
                                              Air Plan Approval; NC; Air Curtain                      http://www2.epa.gov/dockets/                          also been added to cease operation of air
                                              Burners                                                 commenting-epa-dockets.                               curtain burners in fine particulate
                                                                                                      FOR FURTHER INFORMATION CONTACT:                      matter (PM2.5) and ozone nonattainment
                                              AGENCY: Environmental Protection                        Sean Lakeman or Nacosta C. Ward, Air                  areas on ozone action days with status
                                              Agency.                                                 Regulatory Management Section, Air                    ‘‘orange’’ or above.
                                              ACTION: Direct final rule.                              Planning and Implementation Branch,                      North Carolina’s submission modifies
                                                                                                      Air, Pesticides and Toxics Management                 the provision which governs air curtain
                                              SUMMARY:   The Environmental Protection                 Division, U.S. Environmental Protection               burning where burning should be at
                                              Agency (EPA) is taking final action to                  Agency, Region 4, 61 Forsyth Street                   least 500 feet away from any dwelling,
                                              approve portions of revisions to the                    SW., Atlanta, Georgia 30303–8960. Mr.                 group of dwellings, or commercial or
                                              North Carolina State Implementation                     Lakeman can be reached via telephone                  institutional establishment or other
                                              Plan (SIP) submitted by the State of                    at (404) 562–9043 or via electronic mail              occupied structure not located on the
                                              North Carolina through the North                        at lakeman.sean@epa.gov. Ms. Ward can                 property where the burning is
                                              Carolina Department of Environmental                    be reached via telephone at (404) 562–                conducted. These burning occurrences
                                              Quality (formerly the North Carolina                    9140, or via electronic mail at                       must be approved before the initiation
                                              Department of Environment and Natural                   ward.nacosta@epa.gov.                                 of the burn. The daily log at permanent
                                              Resources), Division of Air Quality                     SUPPLEMENTARY INFORMATION:                            air curtain burner sites must be
                                              (DAQ), on October 14, 2004, March 24,                                                                         maintained onsite for two years and be
                                              2006, and January 31, 2008. The                         I. Background                                         available for inspection. If an owner or
                                              revisions which EPA is approving are                       In this rulemaking, EPA is taking                  operator is using a different technology
                                              changes to the air curtain burner                       direct final action to approve portions of            or method other than an air curtain
                                              regulation of the North Carolina SIP.                   the revisions to the North Carolina SIP               burner as defined under 2D Section
                                              These revisions are part of North                       submitted on October 14, 2004, March                  .1902,1 the owner or operator must
                                              Carolina’s strategy to meet and maintain                24, 2006, and January 31, 2008. EPA is                demonstrate that the burner is at least as
                                              the national ambient air quality                        taking direct final action on the changes             effective. The revision also specifies that
                                              standards (NAAQS). EPA has taken or                     to 15A NCAC Subchapter 2D—Air                         if it is a burner constructed after
                                              will take action with respect to all other              Pollution Control Requirements, Section               November 30, 1999, or has been
                                              portions of these SIP revisions. This                   .1904, Air Curtain Burners. These                     modified after June 1, 2001, it must
                                              action is being taken pursuant to the                   changes are a part of North Carolina’s                comply with 40 CFR 60.2245 through
                                              Clean Air Act (CAA or Act) and its                      strategy to attain and maintain the                   60.2265 (i.e., the ‘‘Air Curtain
                                              implementing regulations.                               NAAQS and are approvable into the                     Incinerators’’ portion of 40 CFR part 60,
                                              DATES: This direct final rule is effective              North Carolina SIP pursuant to section                subpart CCCC (Standards of
                                              October 16, 2017 without further notice,                110 of the CAA. EPA is not taking action              Performance for Commercial and
                                              unless EPA receives adverse comment                     on 15A NCAC Subchapter 2D—Air                         Industrial Solid Waste Incineration
                                              by September 18, 2017. If adverse                       Pollution Control Requirements, Section               Units).
                                              comment is received, EPA will publish                   .1201, Purpose and Scope, submitted on                   This SIP revision increases the six-
                                              a timely withdrawal of the direct final                 January 31, 2008, because this rule                   minute average plume opacity limit
                                              rule in the Federal Register and inform                 pertains to incinerators and addresses                during operation from five percent to
                                              the public that the rule will not take                  emission guidelines under CAA sections                ten percent. North Carolina states that
                                              effect.                                                 111(d) and 129 and 40 CFR part 60; it                 the purpose of this change is to align the
                                                                                                      is not a part of the federally-approved               state rule with federal requirements.
                                              ADDRESSES:   Submit your comments,                      SIP. EPA has taken or will take separate              The revision also extends the allowed
                                              identified by Docket ID No. EPA–R04–                    action on all other portions of these SIP             startup time of the burners from 30 to
                                              OAR–2007–0085 at http://                                submissions.                                          45 minutes. The revision does not
                                              www.regulations.gov. Follow the online                                                                        change an existing allowance for one
                                              instructions for submitting comments.                   II. Analysis of the State Submittals                  six-minute period with an average
                                              Once submitted, comments cannot be                         North Carolina submitted revisions to              opacity of more than ten percent but no
                                              edited or removed from Regulations.gov.                 15A NCAC Subchapter 2D—Air                            more than 35 percent during any one-
                                              EPA may publish any comment received                    Pollution Control Requirements, Section               hour period.
                                              to its public docket. Do not submit                     .1904, Air Curtain Burners for                           On April 11, 2017, DAQ submitted a
                                              electronically any information you                      incorporation into the federally-                     non-interference or section 110(l)
                                              consider to be Confidential Business                    approved SIP. Detailed descriptions of                demonstration which describes how
                                              Information (CBI) or other information                  the changes are below:                                these changes will not interfere with the
                                              whose disclosure is restricted by statute.                                                                    attainment and maintenance of the
                                              Multimedia submissions (audio, video,                   A. Changes to 2D Section .1904—
                                                                                                                                                            NAAQS. North Carolina states there are
sradovich on DSK3GMQ082PROD with RULES




                                              etc.) must be accompanied by a written                  Submitted October 14, 2004
                                              comment. The written comment is                            The changes contained in the October                 1 ‘‘Air Curtain Burner’’ as defined in 2D Section

                                              considered the official comment and                     14, 2004, SIP submission require that                 .1902 is a stationary or portable combustion device
                                              should include discussion of all points                 permits be obtained for air curtain                   that directs a plane of high velocity forced draft air
                                                                                                                                                            through a manifold head into a pit or container with
                                              you wish to make. EPA will generally                    burners as defined by 40 CFR 60.2245                  vertical walls in such a manner as to maintain a
                                              not consider comments or comment                        through 60.2265, permanent burning                    curtain of air over the surface of the pit and a
                                              contents located outside of the primary                 sites or materials transported from                   circulating motion of air under the curtain.



                                         VerDate Sep<11>2014   16:53 Aug 16, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\17AUR1.SGM   17AUR1


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

                                              currently seven air curtain burners in                  to 40 CFR 60.2810 through 60.2870,                     should adverse comments be filed. This
                                              the State that are subject to 2D Section                60.2970 through 60.2975, and 60.3062                   rule will be effective October 16, 2017
                                              .1904 but that, due to source size and                  through 60.3069.                                       without further notice unless the
                                              construction commencement dates,                                                                               Agency receives adverse comments by
                                                                                                      III. Incorporation by Reference
                                              none are subject to 40 CFR part 60,                                                                            September 18, 2017.
                                              subpart CCCC. Additionally, North                          In this rule, EPA is finalizing                        If EPA receives such comments, then
                                              Carolina states that any change in                      regulatory text that includes                          EPA will publish a document
                                              source emissions associated with the                    incorporation by reference. In                         withdrawing the final rule and
                                              alignment of the opacity limit of 2D                    accordance with requirements of 1 CFR                  informing the public that the rule will
                                              Section .1904 with the federal                          51.5, EPA is finalizing the incorporation              not take effect. All adverse comments
                                              regulations would be minimal. North                     by reference of 15A NCAC Subchapter                    received will then be addressed in a
                                              Carolina reports that these facilities are              2D—Air Pollution Control                               subsequent final rule based on the
                                              not routinely operational, as they are                  Requirements, Sect. .1904, Air Curtain                 proposed rule. EPA will not institute a
                                              used primarily for elimination of debris                Burners effective March 11, 2004,                      second comment period. Parties
                                              after severe storms. North Carolina also                November 10, 2005, and July 1, 2007,                   interested in commenting should do so
                                              demonstrates that reported pollutant                    revising air curtain burner requirements.              at this time. If no such comments are
                                              emissions from these units have been                    Therefore, these materials have been                   received, the public is advised that this
                                              very low and that the design values in                  approved by EPA for inclusion in the                   rule will be effective on October 16,
                                              the counties closest to them (all in the                State implementation plan, have been                   2017 and no further action will be taken
                                              eastern part of the State) are well below               incorporated by reference by EPA into                  on the proposed rule.
                                              the Fine Particulate Matter NAAQS.                      that plan, are fully federally-enforceable
                                              North Carolina also notes that there are                under sections 110 and 113 of the CAA                  V. Statutory and Executive Order
                                              currently no nonattainment areas for                    as of the effective date of the final                  Reviews
                                              any NAAQS in the State and that these                   rulemaking of EPA’s approval, and will                    Under the CAA, the Administrator is
                                              changes to the SIP are not anticipated to               be incorporated by reference by the                    required to approve a SIP submission
                                              cause any area to come out of                           Director of the Federal Register in the                that complies with the provisions of the
                                              compliance with the NAAQS.                              next update to the SIP compilation.2                   Act and applicable federal regulations.
                                                                                                      EPA has made, and will continue to                     See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                              B. Changes to Section .1904—Submitted                   make, these materials generally
                                              March 24, 2006                                                                                                 Thus, in reviewing SIP submissions,
                                                                                                      available through www.regulations.gov                  EPA’s role is to approve state choices,
                                                The changes contained in the March                    and/or at the EPA Region 4 Office                      provided that they meet the criteria of
                                              24, 2006, SIP submission are                            (please contact the person identified in               the CAA. Accordingly, this action
                                              clarifications to existing text in the                  the FOR FURTHER INFORMATION CONTACT                    merely approves state law as meeting
                                              regulation. The changes make the                        section of this preamble for more                      federal requirements and does not
                                              regulation applicable to air curtain                    information).                                          impose additional requirements beyond
                                              burners in general and not only those
                                                                                                      IV. Final Action                                       those imposed by state law. For that
                                              currently identified in paragraph (a),
                                                                                                         EPA is approving the aforementioned                 reason, this action:
                                              which are burners subject to 40 CFR
                                              60.2245–60.2265 or located at                           revisions to the North Carolina SIP                       • Is not a significant regulatory action
                                              permanent burning sites or where                        submitted by the State of North Carolina               subject to review by the Office of
                                              materials are transported in from                       on October 14, 2004, March 24, 2006,                   Management and Budget under
                                              another burning site. The term ‘‘ozone                  and January 31, 2008, pursuant to                      Executive Orders 12866 (58 FR 51735,
                                              forecast area’’ is also being replaced                  section 110 because these revisions are                October 4, 1993) and 13563 (76 FR 3821,
                                              with ‘‘air quality forecast area’’ in order             consistent with the CAA. Changes to the                January 21, 2011);
                                              to address all pollutants instead of only               other sections in these submissions will                  • Does not impose an information
                                              ozone.                                                  be or have been processed in a separate                collection burden under the provisions
                                                                                                      action, as appropriate, for approval into              of the Paperwork Reduction Act (44
                                              C. Changes to Section. 1904—Submitted                   the North Carolina SIP. As noted above,                U.S.C. 3501 et seq.);
                                              January 31, 2008                                        EPA is not taking action on changes to                    • Is certified as not having a
                                                 The changes contained in the January                 15A NCAC Subchapter 2D—Air                             significant economic impact on a
                                              31, 2008, SIP submission expand the                     Pollution Control Requirements, Section                substantial number of small entities
                                              scope of the types of air curtain burners               .1201, Purpose and Scope, as submitted                 under the Regulatory Flexibility Act (5
                                              for which air quality permits must be                   on January 31, 2008, because this rule                 U.S.C. 601 et seq.);
                                              issued to also include air curtain                      pertains to incinerators and addresses                    • Does not contain any unfunded
                                              burners subject to 40 CFR 60.2810                       emission guidelines under CAA sections                 mandate or significantly or uniquely
                                              through 60.2870, 60.2970 through                        111(d) and 129 and 40 CFR part 60 and                  affect small governments, as described
                                              60.2975, and 60.3062 through 60.3069.                   is not a part of the federally-approved                in the Unfunded Mandates Reform Act
                                              The changes specify the opacity                         SIP.                                                   of 1995 (Pub. L. 104–4);
                                              standards to which the various air                         EPA is publishing this rule without                    • Does not have Federalism
                                              curtain burner types are subject as                     prior proposal because the Agency                      implications as specified in Executive
                                              outlined in 40 CFR part 60, instead of                  views this as a noncontroversial                       Order 13132 (64 FR 43255, August 10,
                                              the opacity standards as previously                     submittal and anticipates no adverse                   1999);
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                                              outlined in the existing subparagraphs                  comments. However, in the proposed                        • Is not an economically significant
                                              of the regulation. Lastly, the                          rules section of this Federal Register                 regulatory action based on health or
                                              recordkeeping and reporting                             publication, EPA is publishing a                       safety risks subject to Executive Order
                                              requirements have also been expanded                    separate document that will serve as the               13045 (62 FR 19885, April 23, 1997);
                                              to note the applicability of the                        proposal to approve the SIP revision                      • Is not a significant regulatory action
                                              additional requirements for owner and                                                                          subject to Executive Order 13211 (66 FR
                                              operators of air curtain burners subject                  2 62   FR 27968 (May 22, 1997).                      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                            required information to the U.S. Senate,                    enforce its requirements. See section
                                              section 12(d) of the National                                    the U.S. House of Representatives, and                      307(b)(2).
                                              Technology Transfer and Advancement                              the Comptroller General of the United
                                                                                                                                                                           List of Subjects in 40 CFR Part 52
                                              Act of 1995 (15 U.S.C. 272 note) because                         States prior to publication of the rule in
                                              application of those requirements would                          the Federal Register. A major rule                            Environmental protection, Air
                                              be inconsistent with the CAA; and                                cannot take effect until 60 days after it                   pollution control, Carbon monoxide,
                                                • Does not provide EPA with the                                is published in the Federal Register.                       Incorporation by reference,
                                              discretionary authority to address, as                           This action is not a ‘‘major rule’’ as                      Intergovernmental relations, Lead,
                                              appropriate, disproportionate human                              defined by 5 U.S.C. 804(2).                                 Nitrogen dioxide, Ozone, Particulate
                                              health or environmental effects, using                                                                                       matter, Reporting and recordkeeping
                                              practicable and legally permissible                                 Under section 307(b)(1) of the CAA,
                                                                                                               petitions for judicial review of this                       requirements, Sulfur oxides, Volatile
                                              methods, under Executive Order 12898                                                                                         organic compounds.
                                              (59 FR 7629, February 16, 1994).                                 action must be filed in the United States
                                                The SIP is not approved to apply on                            Court of Appeals for the appropriate                          Dated: August 4, 2017.
                                              any Indian reservation land or in any                            circuit by October 16, 2017. Filing a                       V. Anne Heard,
                                              other area where EPA or an Indian tribe                          petition for reconsideration by the                         Acting Regional Administrator, Region 4.
                                              has demonstrated that a tribe has                                Administrator of this final rule does not                       40 CFR part 52 is amended as follows:
                                              jurisdiction. In those areas of Indian                           affect the finality of this action for the
                                              country, the rule does not have tribal                           purposes of judicial review nor does it                     PART 52—APPROVAL AND
                                              implications as specified by Executive                           extend the time within which a petition                     PROMULGATION OF
                                              Order 13175 (65 FR 67249, November 9,                            for judicial review may be filed, and                       IMPLEMENTATION PLANS
                                              2000), nor will it impose substantial                            shall not postpone the effectiveness of
                                              direct costs on tribal governments or                            such rule or action. Parties with                           ■ 1. The authority citation for part 52
                                              preempt tribal law.                                              objections to this direct final rule are                    continues to read as follows:
                                                The Congressional Review Act, 5                                encouraged to file a comment in                                 Authority: 42 U.S.C. 7401 et seq.
                                              U.S.C. 801 et seq., as added by the Small                        response to the parallel notice of
                                              Business Regulatory Enforcement                                  proposed rulemaking for this action                         Subpart II—North Carolina
                                              Fairness Act of 1996, generally provides                         published in the proposed rules section
                                              that before a rule may take effect, the                          of today’s Federal Register, rather than                    ■  2. In § 52.1770, the table in paragraph
                                              agency promulgating the rule must                                file an immediate petition for judicial                     (c) is amended by revising the entry
                                              submit a rule report, which includes a                           review of this direct final rule, so that                   ‘‘Sect .1904’’ to read as follows:
                                              copy of the rule, to each House of the                           EPA can withdraw this direct final rule
                                              Congress and to the Comptroller General                          and address the comment in the                              § 52.1770    Identification of plan.
                                              of the United States. EPA will submit a                          proposed rulemaking. This action may                        *       *    *        *   *
                                              report containing this action and other                          not be challenged later in proceedings to                       (c) * * *
                                                                                                TABLE 1—EPA-APPROVED NORTH CAROLINA REGULATIONS
                                                                                                                                                 State
                                                              State citation                                Title/subject                       effective               EPA approval date                 Explanation
                                                                                                                                                  date

                                                                                                         Subchapter 2D           Air Pollution Control Requirements


                                                          *                            *                         *                          *                       *                        *                     *

                                                                                                                        Section .1900           Open Burning


                                                       *                              *                       *                             *                       *                   *                          *
                                              Sect .1904 ...................................   Air Curtain Burners ......................        7/1/2007     8/17/2017, [insert Federal Reg-
                                                                                                                                                                ister citation].

                                                          *                            *                         *                          *                       *                        *                     *



                                              *       *         *       *       *
                                              [FR Doc. 2017–17244 Filed 8–16–17; 8:45 am]
                                              BILLING CODE 6560–50–P
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Document Created: 2017-08-17 01:42:48
Document Modified: 2017-08-17 01:42:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactSean 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 [email protected] Ms. Ward can be reached via telephone at (404) 562-9140, or via electronic mail at [email protected]
FR Citation82 FR 39027 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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