Approval and Promulgation of Implementation Plans; North Carolina: State Implementation Plan Revisions, 61531-61533 [E7-21234]
Download as PDF
<![CDATA[
61531
Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations
State effective
date
New York State regulation
*
*
*
Part 202, Emissions Verification: ..........................
Subpart 202–1, ‘‘Emissions Testing, Sampling and Analytical Determinations’’.
Subpart 202–2, ‘‘Emission Statements’’ ........
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0227–200722(a);
FRL–8488–5]
Approval and Promulgation of
Implementation Plans; North Carolina:
State Implementation Plan Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: EPA is approving the State
Implementation Plan (SIP) revisions
submitted by the State of North
Carolina, through the North Carolina
Department of Environment and Natural
Resources (NCDENR), on February 8,
2007. The submittal encompasses
revisions to NCDENR regulations .0605
‘‘General Recordkeeping and Reporting
Requirements,’’ .0927 ‘‘Bulk Gasoline
Terminals,’’ and .0932 ‘‘Gasoline Truck
Tanks and Vapor Collections.’’ This
action is being taken pursuant to section
110 of the Clean Air Act (CAA). The
intended effect of these revisions is to
clarify certain provisions and to ensure
consistency with the requirements of
the CAA.
DATES: This direct final rule is effective
December 31, 2007 without further
notice, unless EPA receives adverse
comment by November 30, 2007. If EPA
receives such comments, it will publish
a timely withdrawal of the direct final
rule in the Federal Register and inform
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2007–0227, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
16:50 Oct 30, 2007
5/29/2005
Jkt 214001
Comments
*
*
11/12/81, 46 FR 55690.
10/31/07, [Insert FR
page citation].
*
[FR Doc. E7–21241 Filed 10–30–07; 8:45 am]
VerDate Aug<31>2005
3/24/79
Latest EPA approval
date
*
Frm 00053
Fmt 4700
*
Sfmt 4700
*
Section 202–2.3(c)(9) requires facilities to report
individual HAPs that may not be classified as
criteria pollutants or precursors to assist the
State in air quality planning needs. EPA will
not take SIP-related enforcement action on
these pollutants.
2. E-mail: lakeman.sean@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2007–0227,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Sean
Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2007–
0227. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
PO 00000
*
*
*
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can also be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\31OCR1.SGM
31OCR1
61532
Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations
I. Analysis of State’s Submittal
The February 8, 2007, submittal
revises NCDENR regulation:
.0605 ‘‘General Recordkeeping and
Reporting Requirements’’ by adding a
section to prohibit the falsifying of
information and submission of falsified
information. The intent of this addition
is to aid NCDENR in prosecuting
persons who falsify records or submit
false records.
.0927 ‘‘Bulk Gasoline Terminals’’ by
adding details on leak detection,
recordkeeping, and requirements for
leak repair. The intent of this addition
is to standardize procedures used at
bulk gasoline terminals to locate, repair,
and document leaks of volatile organic
compounds (VOC).
.0932 ‘‘Gasoline Truck Tanks and
Vapor Collections’’ to make corrections,
updates, and clarifications. The intent of
this revision is to correct the definitions
of ‘‘bulk terminal’’ and ‘‘bulk gasoline
terminal,’’ update the pressure standard
to correspond to the current Department
of Transportation standard, and clarify
the requirements for gasoline truck
tanks and vapor control systems.
mstockstill on PROD1PC66 with RULES
II. Final Action
EPA is approving the aforementioned
changes to the North Carolina SIP
because they meet the requirements of
EPA and the CAA. 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 31, 2007. without
further notice unless the Agency
receives adverse comments by
November 30, 2007.
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
31, 2007 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,
VerDate Aug<31>2005
16:50 Oct 30, 2007
Jkt 214001
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
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
Unfunded Mandates Reform Act of 1995
(Pub. L. 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
CAA. 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 CAA. In this context, in the absence
of a prior existing requirement for the
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
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 CAA. 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 31,
2007. 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,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 19, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
40 CFR part 52, is amended as
follows:
I
E:\FR\FM\31OCR1.SGM
31OCR1
61533
Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations
PART 52—[AMENDED]
§ 52.1770
Subpart II—North Carolina
2. In § 52.1770 (c), table 1 is amended
under subchapter 2D by revising the
entries for ‘‘Sect .0605’’, ‘‘Sect .0927’’
and ‘‘Sect .0932’’ to read as follows:
I
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1.—EPA-APPROVED NORTH CAROLINA REGULATIONS
State effective
date
State citation
Title/subject
*
Sect .0605 ...............
*
*
General Recordkeeping and Reporting
Requirements.
Bulk Gasoline Terminals ..........................
*
*
*
Gasoline Truck Tanks and Vapor Collections.
*
Sect .0927 ...............
*
Sect .0932 ...............
*
*
*
*
*
*
*
*
[FR Doc. E7–21234 Filed 10–30–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R09–OAR–2007–0916; FRL–8489–6]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; Control of
Emissions From Existing Other Solid
Waste Incinerator Units; NV
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Direct final rule.
SUMMARY: EPA is taking direct final
action to approve a negative declaration
submitted by the Nevada Division of
Environmental Protection. The negative
declaration certifies that other solid
waste incinerator units, subject to the
requirements of sections 111(d) and 129
of the Clean Air Act, do not exist within
the agency’s air pollution control
jurisdiction.
This rule is effective on
December 31, 2007 without further
notice, unless EPA receives adverse
comments by November 30, 2007. If we
receive such comment, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
mstockstill on PROD1PC66 with RULES
DATES:
Submit comments,
identified by docket number EPA–R09–
OAR–2007–0916, by one of the
following methods:
ADDRESSES:
VerDate Aug<31>2005
16:50 Oct 30, 2007
Jkt 214001
EPA approval date
11/01/06
*
*
10/31/07 [Insert first page of publication].
11/01/06
10/31/07 [Insert first page of publication].
11/01/06
*
*
10/31/07 [Insert first page of publication].
*
*
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or e-mail.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
PO 00000
Frm 00055
Fmt 4700
Explanation
Sfmt 4700
*
*
*
*
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
Mae
Wang, EPA Region IX, (415) 947–4124,
wang.mae@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
II. Final EPA Action
III. Statutory and Executive Order Reviews
I. Background
Sections 111(d) and 129 of the Clean
Air Act (CAA or the Act) require States
to submit plans to control certain
pollutants (designated pollutants) at
existing solid waste combustor facilities
(designated facilities) whenever
standards of performance have been
established under section 111(b) for new
sources of the same type, and EPA has
established emission guidelines (EG) for
such existing sources. A designated
pollutant is any pollutant for which no
air quality criteria have been issued, and
which is not included on a list
published under section 108(a) or
section 112(b)(1)(A) of the CAA, but
emissions of which are subject to a
standard of performance for new
stationary sources. However, section
129 of the CAA also requires EPA to
promulgate EG for solid waste
incineration units that emit a mixture of
air pollutants. These pollutants include
organics (dioxins/furans), carbon
monoxide, metals (cadmium, lead,
mercury), acid gases (hydrogen chloride,
sulfur dioxide, and nitrogen oxides) and
particulate matter (including opacity).
E:\FR\FM\31OCR1.SGM
31OCR1
]]>Agencies
[Federal Register Volume 72, Number 210 (Wednesday, October 31, 2007)]
[Rules and Regulations]
[Pages 61531-61533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21234]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0227-200722(a); FRL-8488-5]
Approval and Promulgation of Implementation Plans; North
Carolina: State Implementation Plan Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the State Implementation Plan (SIP) revisions
submitted by the State of North Carolina, through the North Carolina
Department of Environment and Natural Resources (NCDENR), on February
8, 2007. The submittal encompasses revisions to NCDENR regulations
.0605 ``General Recordkeeping and Reporting Requirements,'' .0927
``Bulk Gasoline Terminals,'' and .0932 ``Gasoline Truck Tanks and Vapor
Collections.'' This action is being taken pursuant to section 110 of
the Clean Air Act (CAA). The intended effect of these revisions is to
clarify certain provisions and to ensure consistency with the
requirements of the CAA.
DATES: This direct final rule is effective December 31, 2007 without
further notice, unless EPA receives adverse comment by November 30,
2007. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0227, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: lakeman.sean@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2007-0227, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2007-0227. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through https://
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can also be reached via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 61532]]
I. Analysis of State's Submittal
The February 8, 2007, submittal revises NCDENR regulation:
.0605 ``General Recordkeeping and Reporting Requirements'' by
adding a section to prohibit the falsifying of information and
submission of falsified information. The intent of this addition is to
aid NCDENR in prosecuting persons who falsify records or submit false
records.
.0927 ``Bulk Gasoline Terminals'' by adding details on leak
detection, recordkeeping, and requirements for leak repair. The intent
of this addition is to standardize procedures used at bulk gasoline
terminals to locate, repair, and document leaks of volatile organic
compounds (VOC).
.0932 ``Gasoline Truck Tanks and Vapor Collections'' to make
corrections, updates, and clarifications. The intent of this revision
is to correct the definitions of ``bulk terminal'' and ``bulk gasoline
terminal,'' update the pressure standard to correspond to the current
Department of Transportation standard, and clarify the requirements for
gasoline truck tanks and vapor control systems.
II. Final Action
EPA is approving the aforementioned changes to the North Carolina
SIP because they meet the requirements of EPA and the CAA. 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 31, 2007.
without further notice unless the Agency receives adverse comments by
November 30, 2007.
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 31, 2007 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.
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 Unfunded
Mandates Reform Act of 1995 (Pub. L. 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 CAA.
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 CAA. 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 CAA. 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 31, 2007. 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,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: October 19, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
0
40 CFR part 52, is amended as follows:
[[Page 61533]]
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In Sec. 52.1770 (c), table 1 is amended under subchapter 2D by
revising the entries for ``Sect .0605'', ``Sect .0927'' and ``Sect
.0932'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
Table 1.--EPA-Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sect .0605..................... General 11/01/06 10/31/07 [Insert
Recordkeeping and first page of
Reporting publication].
Requirements.
Sect .0927..................... Bulk Gasoline 11/01/06 10/31/07 [Insert
Terminals. first page of
publication].
* * * * * * *
Sect .0932..................... Gasoline Truck 11/01/06 10/31/07 [Insert
Tanks and Vapor first page of
Collections. publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E7-21234 Filed 10-30-07; 8:45 am]
BILLING CODE 6560-50-P
