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Approval and Promulgation of Air Quality Implementation Plans; Mecklenburg County, NC Update to Materials Incorporated by Reference

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Environmental Protection Agency (EPA).


Final rule; notice of administrative change.


EPA is revising the format of materials submitted by North Carolina that are incorporated by reference (IBR) into the Mecklenburg County portion of the North Carolina State implementation plan (SIP). The regulations affected by this update have been previously submitted by the Local agency through the State agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the Office of the Federal Register (OFR), Office of Air and Radiation Docket and Information Center, and the Regional Office.


This action is effective July 9, 2003.


SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, GA 30303; Office of Air and Radiation Docket and Information Center, Room B-108, 1301 Constitution Avenue, (Mail Code 6102T) NW., Washington, DC 20460, and Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.

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Ms. Rosymar De La Torre Colon at the above Region 4 address or at (404) 562-8965. E-mail:

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The SIP is a living document which the State can revise as necessary to address the unique air pollution problems in the State. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997, (62 FR 27968) EPA revised the procedures for incorporating by reference Federally-approved SIPs, as a result of consultations between EPA and OFR. The description of the revised SIP document, IBR procedures and “Identification of plan” format are discussed in further detail in the May 22, 1997, Federal Register document. On October 22, 2002, EPA published a document in the Federal Register (67 FR 64999) beginning the table for Mecklenburg County, North Carolina IBR material. In this document EPA is doing the update to the material being IBRed.

EPA has determined that today's rule falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification only reflects existing law. Immediate notice in the CFR benefits the public by updating citations.

Statutory and Executive Order Reviews

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 that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Start Printed Page 40783Unfunded 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. section 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. section 804(2).

Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 8, 2003. 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).)

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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
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Dated: May 9, 2003.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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Chapter I, title 40, Code of Federal Regulations, is amended as follows:

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1. The authority for citation for part 52 continues to read as follows:

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

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Subpart II

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2. Section 52.1770 is amended by revising paragraph (b) and table 3 to paragraph (c) to read as follows:

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Identification of plan.
* * * * *

(b) Incorporation by reference. (1) Material listed in paragraph (c) of this section with an EPA approval date prior to December 1, 2002, for North Carolina (Table 1 of the North Carolina State Implementation Plan) and January 1, 2003 for Mecklenburg County, North Carolina (Table 3 of the North Carolina State Implementation Plan), was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) of this section with EPA approval dates after January 1, 2003, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilations at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State and Local implementation plans listed in paragraph (b)(1) of this section.

(3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, GA 30303; the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC; or at the EPA, Office of Air and Radiation Docket and Information Center, Room B-108, 1301 Constitution Avenue, (Mail Code 6102T) NW., Washington, DC 20460.

(c) * * *

Table 3.—EPA Approved Mecklenburg County Regulations

State citationTitle/subjectState effective dateEPA approval dateComments
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
1.5101Declaration of Policy06/14/199005/02/91, 56 FR 20140
1.5102Definition of Terms11/21/200010/22/02, 67 FR 64999
1.5103Enforcement Agency06/14/199005/02/91, 56 FR 20140
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1.5104General Duties and Powers of the Director, With the Approval of the Board06/14/199005/02/91, 56 FR 20140
1.5111General Recordkeeping, Reporting and Monitoring Requirements07/01/9606/30/03, 68 FR 38631
Section 1.5200 Air Quality Permits
1.5210Purpose and Scope06/14/199005/02/91, 56 FR 20140
1.5211Applicability11/21/200010/22/02, 67 FR 64999
1.5212Applications07/01/9606/30/03, 68 FR 38631
1.5213Action on Application; Issuance of Permit07/01/9606/30/03, 68 FR 38631
1.5214Commencement of Operation07/01/9606/30/03, 68 FR 38631
1.5215Application Processing Schedule07/01/9606/30/03, 68 FR 38631
1.5216Incorporated By Reference06/06/199407/28/95, 60 FR 38715
1.5217Confidential Information06/14/199005/02/91, 56 FR 20140
1.5218Compliance Schedule for Previously Exempted Activities06/14/199005/02/91, 56 FR 20140
1.5219Retention of Permit at Permitted Facility06/06/199407/28/95, 60 FR 38715
1.5220Applicability Determinations06/14/199005/02/91, 56 FR 20140
1.5221Permitting of Numerous Similar Facilities06/06/199407/28/95, 60 FR 38715
1.5222Permitting of Facilities at Multiple Temporary Sites06/06/199407/28/95, 60 FR 38715
1.5230Permitting Rules and Procedures06/14/199005/02/91, 56 FR 20140
1.5231Permit Fees07/01/9606/30/03, 68 FR 38631
1.5232Issuance, Revocation, and Enforcement of Permits07/01/9606/30/03, 68 FR 38631
1.5234Hearings06/06/199407/28/95, 60 FR 38715
1.5235Expedited Application Processing Schedule06/14/199005/02/91, 56 FR 20140
Section 1.5300 Enforcement; Variances; Judicial Review
1.5301Special Enforcement Procedures06/14/199005/02/91, 56 FR 20140
1.5302Criminal Penalties06/14/199005/02/91, 56 FR 20140
1.5303Civil Injunction06/14/199005/02/91, 56 FR 20140
1.5304Civil Penalties06/14/199005/02/91, 56 FR 20140
1.5305Variances07/01/9606/30/03, 68 FR 38631
1.5306Hearings07/01/9606/30/03, 68 FR 38631
1.5307Judicial Review06/14/199005/02/91, 56 FR 20140
Section 1.5600 Transportation Facility Procedures
1.5604Judicial Review07/01/9606/30/03, 68 FR 38631
1.5607Judicial Review07/01/9606/30/03, 68 FR 38631
Article 2.0000 Air Pollution Control Regulations and Procedures
Section 2.0100 Definitions And References
2.0101Definitions06/14/199005/02/91, 56 FR 20140
2.0104Incorporated By Reference06/14/199005/02/91, 56 FR 20140
Section 2.0200 Air Pollution Sources
2.0201Classification of Air Pollution Sources06/14/199005/02/91, 56 FR 20140
2.0202Registration of Air Pollution Sources06/14/199005/02/91, 56 FR 20140
Section 2.0300 Air Pollution Emergencies
2.0301Purpose06/14/199005/02/91, 56 FR 20140
2.0302Episode Criteria06/14/199005/02/91, 56 FR 20140
2.0303Emission Reduction Plans06/14/199005/02/91, 56 FR 20140
2.0304Preplanned Abatement Program06/14/199005/02/91, 56 FR 20140
2.0305Emission Reduction Plan: Alert Level06/14/199005/02/91, 56 FR 20140
2.0306Emission Reduction Plan: Warning Level06/14/199005/02/91, 56 FR 20140
2.0307Emission Reduction Plan: Emergency Level06/14/199005/02/91, 56 FR 20140
Section 2.0400 Ambient Air Quality Standards
2.0401Purpose06/14/199005/02/91, 56 FR 20140
2.0402Sulfur Oxides06/14/199005/02/91, 56 FR 20140
2.0403Total Suspended Particulates06/14/199005/02/91, 56 FR 20140
2.0404Carbon Monoxide06/14/199005/02/91, 56 FR 20140
2.0405Ozone06/14/199005/02/91, 56 FR 20140
2.0407Nitrogen Dioxide06/14/199005/02/91, 56 FR 20140
2.0408Lead06/14/199005/02/91, 56 FR 20140
2.0409PM10 Particulate Matter06/14/199005/02/91, 56 FR 20140
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Section 2.0500 Emission Control Standards
2.0501Compliance With Emission Control Standards06/14/199005/02/91, 56 FR 20140
2.0502Purpose06/14/199005/02/91, 56 FR 20140
2.0503Particulates from Fuel Burning Indirect Heat Exchangers06/14/199005/02/91, 56 FR 20140
2.0504Particulates from Wood Burning Indirect Heat Exchangers06/14/199005/02/91, 56 FR 20140
2.0506Particulates from Hot Mix Asphalt Plants06/14/199005/02/91, 56 FR 20140
2.0507Particulates from Chemical Fertilizer Manufacturing Plants06/14/199005/02/91, 56 FR 20140
2.0508Particulates from Pulp and Paper Mills06/14/199005/02/91, 56 FR 20140
2.0509Particulates from Mica or Feldspar Processing Plants06/14/199005/02/91, 56 FR 20140
2.0510Particulates from Sand, Gravel, or Crushed Stone Operations06/14/199005/02/91, 56 FR 20140
2.0511Particulates from Lightweight Aggregate Processes06/14/199005/02/91, 56 FR 20140
2.0512Particulates from Wood Products Finishing Plants06/14/199005/02/91, 56 FR 20140
2.0513Particulates from Portland Cement Plants06/14/199005/02/91, 56 FR 20140
2.0514Particulates from Ferrous Jobbing Foundries06/14/199005/02/91, 56 FR 20140
2.0515Particulates from Miscellaneous Industrial Processes06/14/199005/02/91, 56 FR 20140
2.0516Sulfur Dioxide Emissions from Combustion Sources06/14/199005/02/91, 56 FR 20140
2.0517Emissions From Plants Producing Sulfuric Acid06/14/199005/02/91, 56 FR 20140
2.0518Miscellaneous Volatile Organic Compound Emissions11/21/200010/22/02, 67 FR 64999
2.0519Control of Nitrogen Dioxide and Nitrogen Oxides Emissions06/14/199005/02/91, 56 FR 20140
2.0523Control of Conical Incinerators11/21/200010/22/02, 67 FR 64999
2.0527Emissions from Spodumene Ore Roasting06/14/199005/02/91, 56 FR 20140
2.0530Prevention of Significant Deterioration06/14/199005/02/91, 56 FR 20140
2.0531Sources in Nonattainment Areas06/14/199005/02/91, 56 FR 20140
2.0532Sources Contributing to an Ambient Violation06/14/199005/02/91, 56 FR 20140
2.0533Stack Height06/14/199005/02/91, 56 FR 20140
2.0535Excess Emissions Reporting and Malfunctions06/14/199005/02/91, 56 FR 20140
2.0538Control of Ethylene Oxide Emissions06/14/199005/02/91, 56 FR 20140
2.0539Odor Control of Feed Ingredient Manufacturing Plants06/14/199005/02/91, 56 FR 20140
Section 2.0600 Monitoring: Recordkeeping: Reporting
2.0601Purpose and Scope06/14/199005/02/91, 56 FR 20140
2.0602Definitions06/14/199005/02/91, 56 FR 20140
2.0604Exceptions to Monitoring and Reporting Requirements06/14/199005/02/91, 56 FR 20140
2.0605General Recordkeeping and Reporting Requirements06/14/199005/02/91, 56 FR 20140
2.0606Sources Covered by Appendix P of 40 CFR Part 5106/14/199105/02/91, 56 FR 20140
2.0607Large Wood and Wood-Fossil Fuel Combination Units06/14/199005/02/91, 56 FR 20140
2.0608Other Large Coal or Residual Oil Burners06/14/199005/02/91, 56 FR 20140
2.0610Delegation Federal Monitoring Requirements11/21/200010/22/02, 67 FR 64999
2.0611Monitoring Emissions From Other Sources06/14/199005/02/91, 56 FR 20140
2.0612Alternative Monitoring and Reporting Procedures06/14/199005/02/91, 56 FR 20140
2.0613Quality Assurance Program06/14/199005/02/91, 56 FR 20140
2.0614Compliance Assurance Monitoring06/14/199005/02/91, 56 FR 20140
2.0615Delegation06/14/199005/02/91, 56 FR 20140
Section 2.0800 Transportation Facilities
2.0801Purpose and Scope06/14/199005/02/91, 56 FR 20140
2.0802Definitions06/14/199005/02/91, 56 FR 20140
2.0803Highway Projects06/14/199005/02/91, 56 FR 20140
2.0804Airport Facilities06/14/199005/02/91, 56 FR 20140
Section 2.0900 Volatile Organic Compounds
2.0901Definitions03/01/199106/23/94, 59 FR 32362
2.0902Applicability11/21/200010/22/02, 67 FR 64999
2.0903Recordkeeping: Reporting: Monitoring07/01/199106/23/94, 59 FR 32362
2.0906Circumvention06/14/199005/02/91, 56 FR 20140
2.0907Equipment Installation Compliance Schedule06/14/199005/02/91, 56 FR 20140
2.0909Compliance Schedules for Sources In New Nonattainment Areas06/14/199005/02/91, 56 FR 20140
2.0910Alternate Compliance Schedule06/14/199005/02/91, 56 FR 20140
2.0912General Provisions on Test Methods and Procedures07/01/199106/23/94, 59 FR 32362
2.0913Determination of Volatile Content of Surface Coatings03/01/199106/23/94, 59 FR 32362
2.0914Determination of VOC Emission Control System Efficiency06/14/199005/02/91, 56 FR 20140
2.0915Determination of Solvent Metal Cleaning VOC Emissions06/14/199005/02/91, 56 FR 20140
2.0916Determination: VOC Emissions From Bulk Gasoline Terminals06/14/199005/02/91, 56 FR 20140
2.0917Automobile and Light-Duty Truck Manufacturing06/14/199005/02/91, 56 FR 20140
2.0918Can Coating06/14/199005/02/91, 56 FR 20140
2.0919Coil Coating06/14/199005/02/91, 56 FR 20140
2.0920Paper Coating06/14/199005/02/91, 56 FR 20140
2.0921Fabric and Vinyl Coating06/14/199005/02/91, 56 FR 20140
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2.0922Metal Furniture Coating06/14/199005/02/91, 56 FR 20140
2.0923Surface Coating of Large Appliances06/14/199005/02/91, 56 FR 20140
2.0924Magnet Wire Coating06/14/199005/02/91, 56 FR 20140
2.0925Petroleum Liquid Storage in Fixed Roof Tanks06/14/199005/02/91, 56 FR 20140
2.0926Bulk Gasoline Plants06/14/199005/02/91, 56 FR 20140
2.0927Bulk Gasoline Terminals06/14/199005/02/91, 56 FR 20140
2.0928Gasoline Service Stations Stage I06/14/199005/02/91, 56 FR 20140
2.0929Petroleum Refinery06/14/199005/02/91, 56 FR 20140
2.0930Solvent Metal Cleaning06/14/199005/02/91, 56 FR 20140
2.0931Cutback Asphalt06/14/199005/02/91, 56 FR 20140
2.0932Gasoline Truck Tanks and Vapor Collection Systems06/14/199005/02/91, 56 FR 20140
2.0933Petroleum Liquid Storage in External Floating Roof Tanks06/14/199005/02/91, 56 FR 20140
2.0934Coating of Miscellaneous Metal Parts and Products06/14/199005/02/91, 56 FR 20140
2.0935Factory Surface Coating of Flat Wood Paneling06/14/199005/02/91, 56 FR 20140
2.0936Graphic Arts06/14/199005/02/91, 56 FR 20140
2.0937Manufacture of Pneumatic Rubber Tires06/14/199005/02/91, 56 FR 20140
2.0939Determination of Volatile Organic Compound Emissions06/14/199005/02/91, 56 FR 20140
2.0940Determination of Leak Tightness and Vapor Leaks06/14/199005/02/91, 56 FR 20140
2.0941Alternative Method for Leak Tightness06/14/199005/02/91, 56 FR 20140
2.0942Determination of Solvent in Filter Waste06/14/199005/02/91, 56 FR 20140
2.0943Synthetic Organic Chemical and Polymer Manufacturing06/14/199005/02/91, 56 FR 20140
2.0944Manufacture of Polyethylene, Polypropylene and Polystyrene06/14/199005/02/91, 56 FR 20140
2.0945Petroleum Dry Cleaning06/14/199005/02/91, 56 FR 20140
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[FR Doc. 03-16581 Filed 7-8-03; 8:45 am]