Approval and Promulgation of Implementation Plans: Approval of Revisions to the North Carolina State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-057-1-6412b; FRL-5004-8]

Approval and Promulgation of Implementation Plans: Approval of

Revisions to the North Carolina State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions submitted on March 3, 1993, by the

State of North Carolina, through the North Carolina Department of

Environment, Health and Natural Resources. These revisions corrected

names and addresses, corrected cross-references, added a reference to

the Federal Register document containing the nitrogen dioxide

(NO2) increments, and clarified the visible emissions and ambient

standards regulations.

DATES: This final rule will be effective October 14, 1994 unless

adverse or critical comments are received by September 14, 1994. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should be addressed to:

Carol L. Kemker, Regulatory Planning and Development Section, Air

Programs Branch, Air, Pesticides & Toxics Management Division, Region

IV Environmental Protection Agency, 345 Courtland Street, NE., Atlanta,

Georgia 30365.

Copies of the material submitted by the NCDEHNR may be examined

during normal business hours at the following locations:

Air and Radiation Docket and Information Center (Air Docket 6102),

U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460.

Environmental Protection Agency, Region IV Air Programs Branch, 345

Courtland Street, NE., Atlanta, Georgia 30365.

North Carolina Department of Environment, Health and Natural

Resources, 512 North Salisbury Street, Raleigh, North Carolina 27604.

FOR FURTHER INFORMATION CONTACT: Carol L. Kemker, Regulatory Planning

and Development Section, Air Programs Branch, Air, Pesticides & Toxics

Management Division, Region IV Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is

404-347-2864.

SUPPLEMENTARY INFORMATION: On March 3, 1993, the State of North

Carolina, through the North Carolina Department of Environment, Health

and Natural Resources, submitted revisions to the North Carolina State

Implementation Plan (SIP). A brief description of each revision

follows.

15 NCAC 2D .0103 Copies of Referenced Federal Regulations

North Carolina amended this rule to change the address of the

Wilmington Regional Office and to make grammatical changes.

15 NCAC 2D .0104 Incorporation by Reference

North Carolina amended this rule to clarify that documents

incorporated by reference in the CFR automatically include any future

updates or amendments unless another rule specifies otherwise.

15 NCAC 2D .0401 Purpose

North Carolina amended this rule to clarify that no facility or

source of air pollution shall cause or contribute to a violation of any

ambient air quality standard. The rule as previously written appeared

to apply only to each emission point and not to the whole plant site.

15 NCAC 2D .0521 Control of Visible Emissions

North Carolina amended this regulation to replace the term

``installation'' with the term ``source'' or ``owner or operator of the

source.'' The term ``installation'' was not defined and the terms

``source'' or ``owner or operator of the source'' are defined.

15 NCAC 2D .0530 Prevention of Significant Deterioration

North Carolina amended this rule to reference the Federal Register

containing the nitrogen dioxide (NO2) increment requirements. This

rule is also amended to specify that the version of the CFR

incorporated in the rule is that of January 1, 1989, and does not

include any subsequent amendments.

15 NCAC 2D .0531 Sources in Nonattainment Areas

North Carolina amended this rule to specify that the version of the

referenced CFR is that of January 1, 1989, and does not include any

subsequent amendments.

15 NCAC 2D .0532 Sources Contributing to an Ambient Violation

North Carolina amended this rule to correct a cross-reference. This

rule is also amended to specify that the version of the referenced CFR

is that of January 1, 1989, and does not include any subsequent

amendments.

15 NCAC 2H .0603 Application

North Carolina amended this rule to correct the mailing address of

the Division of Environmental Management.

15 NCAC 2H .0609, Permit Fees

North Carolina amended this rule to correct the Department name.

Final Action

In this document, EPA is approving the revisions to the North

Carolina Environmental Management regulations listed above. This action

is being taken without prior proposal because the changes are

noncontroversial and EPA anticipates no significant comments on them.

The public should be advised that this action will be effective on

October 14, 1994. However, if adverse or critical comments are received

by September 14, 1994, this action will be withdrawn and two subsequent

documents will be published before the effective date. One document

will withdraw the final action. The second document will finalize the

action and address the comments.

Under section 307(b)(1) of the Clean Air Act, 42 U.S.C. 7607

(b)(1), petitions for judicial review of this action must be filed in

the United States Court of Appeals for the appropriate circuit by

October 14, 1994. Filing a petition for reconsideration by the

Administrator of this final rule does not affect the finality of this

rule for 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) of the Act, 42 U.S.C. 7607 (b)(2)).

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael Shapiro, Acting Assistant Administrator for Air

and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and 3 SIP revisions from the requirements of

section 3 of Executive Order 12291 for two years. The EPA has submitted

a request for a permanent waiver for Table 2 and Table 3 SIP revisions.

The OMB has agreed to continue the waiver until such time as it rules

on USEPA's request. This request continues in effect under Executive

Order 12866 which superseded Executive Order 12291 on September 30,

1993.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Air pollution control, Incorporation by reference, Nitrogen

dioxide, Reporting and recordkeeping requirements.

Dated: June 9, 1994.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42.U.S.C. 7401-7671q.

Subpart II--North Carolina

2. Section 52.1770 is amended by adding paragraph (c)(71) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(71) The PSD NOx increment regulations and other miscellaneous

revisions to the North Carolina State Implementation Plan which were

submitted on March 3, 1993.

(i) Incorporation by reference.

(A) North Carolina regulations 15 NCAC 2D.0103, 2D.0104, 2D.0401,

2D.0521, 2D.0530, 2D.0531, 2D.0532, 2H.0603, 2H.0607, and 2H.0609

effective on December 1, 1992.

(ii) Other material. None.

[FR Doc. 94-19843 Filed 8-12-94; 8:45 am]

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