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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-071-1-6960a; FRL-5269-5]

Approval and Promulgation of Implementation Plans North Carolina:

Approval of Revisions to the North Carolina State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On October 14, 1994, the State of North Carolina, through the

North Carolina Department of Environment, Health and Natural Resources,

submitted a revision to the North Carolina State Implementation Plan

(SIP). This revision is the adoption of an amendment to rule 15A NCAC

2D .0518 Miscellaneous Volatile Organic Compounds Emissions. This

amendment was included to define that diacetone alcohol is considered

to be a nonphotochemically reactive solvent. This rule is applicable to

all sources of VOC emissions for which no other VOC emission standards

are applicable.

DATES: This final rule is effective November 6, 1995 unless notice is

received by October 5, 1995 that someone wishes to submit adverse or

critical comments. If the effective date is delayed, timely notice will

be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Randy Terry,

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 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 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: Randy Terry, 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 extension 4212.

SUPPLEMENTARY INFORMATION: On October 14, 1994, the State of North

Carolina, through the North Carolina Department of Environment, Health

and Natural Resources, submitted a revision covering the adoption of an

amendment to rule 15A NCAC 2D .0518 Miscellaneous Volatile Organic

Compound Emissions. This amendment was included to define that

diacetone alcohol is considered to be a nonphotochemically reactive

solvent. This rule is applicable to all sources of VOC emissions for

which no other VOC emission standards are applicable. This revision was

the subject of public hearings held on March 28 and 30, 1994. EPA is

approving the amendment of rule 15A NCAC 2D .0518 because this revision

is consistent with the requirements of the Clean Air Act and EPA

guidance.

Final Action

EPA is approving the above referenced revision to the North

Carolina SIP. This action is being taken without prior proposal because

the EPA 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 November 6, 1995 unless, by October 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 November 6, 1995.

Under Section 307(b)(1) of the CAA, 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 November 6, 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 these actions from review under Executive

Order 12866.

Nothing in this action shall be construed as permitting or allowing

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

any state implementation plan. Each request for revision to the state

implementation plan 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 110 and subchapter I, part D of the CAA do not

create any new requirements, but simply approve requirements that the

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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. Section

7410(a)(2) and 7410 (k)(3).

Unfunded Mandates

Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act

of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,

EPA must undertake various actions in association with proposed or

final rules that include a Federal mandate that may result in estimated

costs of $100 million or more to the private sector, or to State,

local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under section 110 of the

Clean Air Act. These rules may bind State, local and tribal governments

to perform certain duties. To the extent that the rules being approved

by this action will impose any mandate upon the State, local or tribal

governments either as the owner or operator of a source or as a

regulator, or would impose any mandate upon the private sector. EPA's

action will impose no new requirements; such sources are already

subject to these regulations under State law. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action. EPA has also determined that

this or final action does not include a mandate that may result in

estimated costs of $100 million or more to State, local, or tribal

governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons, Incorporation by reference,

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and

Recordkeeping requirements, Sulfur oxides.

Dated: July 25, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

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

amended as follows:

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

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

Subpart II

2. Section 52.1770, is amended by adding paragraph (c)(81) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(81) The VOC revision to the North Carolina State Implementation

Plan which were submitted on October 14, 1994.

(i) Incorporation by reference. Addition of new North Carolina

regulations 15A NCAC 2D .0518 which was state effective on September 1,

1994.

(ii) Other material. None.

* * * * *

[FR Doc. 95-20596 Filed 9-1-95; 8:45 am]

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