Clean Air Act Approval and Promulgation of Emission Statement Implementation Plan for North Carolina

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC70-2-6861a: NC63-1-6394a; FRL-5189-3]

Clean Air Act Approval and Promulgation of Emission Statement

Implementation Plan for North Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to the State Implementation

Plan (SIP) submitted by the State of North Carolina through the North

Carolina Department of Environment, Health and Natural Resources

(NCDEHNR) for the purpose of implementing an emission statement program

for stationary sources within the North Carolina ozone nonattainment/

maintenance areas: Davidson County, Durham County, Forsyth County,

Gaston County, Guilford County, Mecklenburg County, Wake County, the

Dutchville Township portion of Granville County, and that part of Davie

County bounded by the Yadkin River, Dutchman's Creek, North Carolina

Highway 801, Fulton Creek, and back to the Yadkin River. The SIP was

submitted on August 15, 1994, by the State to satisfy the Federal

requirements for an emission statement program as part of the SIP for

North Carolina.

DATES: This final rule is effective July 5, 1995, unless someone

submits adverse or critical comments by June 5, 1995. If the effective

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

Register.

ADDRESSES: Written comments should be addressed to: Joey LeVasseur,

Regulatory Planning and Development Section, Air Programs Branch, Air,

Pesticides & Toxics Management Division, Region 4 Environmental

Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365.

Copies of the material submitted by the State of North Carolina 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 4 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: Joey LeVasseur, Regulatory Planning

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

Management Division, Region 4 Environmental Protection Agency, 345

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

404/347-3555 ext. 4215. Reference file NC70-2-6861.

SUPPLEMENTARY INFORMATION: A SIP revision was submitted by the State of

North Carolina on December 17, 1993, to satisfy the requirements of

section 182(a)(B) of the Clean Air Act Amendments of 1990 (CAA)

(November 15, 1990). This revision was submitted as a temporary rule

and EPA held off action until the State submitted a permanent rule on

August 15, 1994. The SIP revision was reviewed by EPA to determine

completeness shortly after its submittal, in accordance with the

completeness criteria set out at 40 CFR part 51, appendix V (1991), as

amended by 57 FR 42216 (August 26, 1991). The submittal was found to be

complete and a letter dated December 5, 1994, addressed to Mr. A.

Preston Howard, Director, NCDEHNR, was sent to NCDEHNR indicating the

submittal was administratively complete.

There are several key general and specific components of an

acceptable emission statement program. Specifically, the state must

submit a revision to its SIP and the emission statement program must

meet the minimum requirements for reporting. In general, the program

must include, at a minimum, provisions for applicability, compliance,

and specific source requirements detailed below.

A. SIP Revision Submission

The NCDEHNR submitted the North Carolina emission statement

regulation on August 15, 1994, which meets the emission statement

requirement.

B. Program Elements

The State emission statement program must, at a minimum, include

provisions covering applicability of the regulations, a compliance

schedule for sources covered by the regulations, and the specific

reporting requirements for sources. The emission statement submitted by

the source should contain, at a minimum, a certification that the

information is accurate to the best knowledge of the individual

certifying the statement. The North Carolina submittal meets these

requirements.

C. Applicability

Section 182(a)(3)(B) requires that states with areas designated as

nonattainment for ozone require emission statement data from sources of

volatile organic compounds (VOC) and oxides of nitrogen (NOX) in

the nonattainment areas. This requirement applies to all ozone

nonattainment areas, regardless of the classification (Marginal,

Moderate, etc.).

The states may waive, with EPA approval, the requirement for

emission statements for classes or categories of sources with less than

25 tons per year of actual plant-wide NOX or VOC emissions in

nonattainment areas if the class or category is included in the base

[[Page 22284]] year and periodic inventories and emissions are

calculated using emission factors established by EPA (such as those

found in EPA publication AP-42) or other methods acceptable to EPA. The

North Carolina submittal waives the emission statement requirement for

sources with less than 25 tons per year combined of actual plant-wide

NOX and VOC emissions and has included calculations of these

emissions in their 1990 Base Year Emission Inventory.

Final Action

In this action, EPA is approving the Emission Statement SIP

revision submitted by the State of North Carolina through the NCDEHNR

on August 15, 1994. The EPA is publishing this action without prior

proposal because the Agency views this as a noncontroversial amendment

and anticipates no adverse comments. However, in a separate document in

this Federal Register publication, the EPA is proposing to approve the

SIP revision should adverse or critical comments be filed. This action

will be effective July 5, 1995 unless, by June 5, 1995, adverse or

critical comments are received. If the EPA receives such comments, this

action will be withdrawn before the effective date by publishing a

subsequent document that will withdraw the final action. All public

comments received will then be addressed in a subsequent final rule

based on this action serving as a proposed rule. The EPA will not

institute a second comment period on this action. Any parties

interested in commenting on this action should do so at this time. If

no such comments are received, the public is advised that this action

will be effective July 5, 1995.

Under section 307(b)(1) of the 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 July 5,

1995. 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).)

The OMB has exempted this action from review under Executive Order

12866.

Nothing in this action shall be construed as permitting, 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 economic 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 small entities. 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

Environmental protection, Emission statements, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Oxides of nitrogen, Reporting and recordkeeping requirements,

SIP requirements, Volatile organic compounds.

Dated: March 28, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of chapter I, title 40, 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)(73) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(73) Revisions to the State of North Carolina State Implementation

Plan (SIP) concerning emission statements were submitted on August 15,

1994, by the North Carolina Department of Environment, Health and

Natural Resources.

(i) Incorporation by reference.

Revisions to North Carolina Regulation 15A NCAC 2Q .0207, effective

July 1, 1994.

(ii) Other material. None.

[FR Doc. 95-10823 Filed 5-4-95; 8:45 am]

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