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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-076-1-7141a; FRL-5291-3]

Approval and Promulgation of Implementation Plans North Carolina:

Approval of Revisions to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On March 23, 1995, 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). EPA is approving these revisions to rules 15A NCAC 2D .0501

Compliance With Emission Control Standards, .0516 Sulfur Dioxide

Emissions From Combustion Sources, and .0530 Prevention Of Significant

Deterioration. The intended effect of this revision is to clarify

certain provisions and ensure consistency with requirements of the

Clean Air Act.

DATES: This final rule is effective December 4, 1995 unless notice is

received by November 3, 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: Scott M. Martin,

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 documents relative to this action are available for

public inspection during normal business hours at the following

locations. The interested persons wanting to examine these documents

should make an appointment with the appropriate office at least 24

hours before the visiting day.

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: Scott M. Martin, Regulatory Planning

[[Page 51924]]

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 4216.

SUPPLEMENTARY INFORMATION: On March 23, 1995, the State of North

Carolina, through the North Carolina Department of Environment, Health

and Natural Resources, submitted revisions covering the adoption of

amendments to rules 15A NCAC 2D .0501 Compliance With Emission Control

Standards, .0516 Sulfur Dioxide Emissions From Combustion Sources, and

.0530 Prevention Of Significant Deterioration.

Rule .0501 was amended to include a description of the sulfur

dioxide stack testing compliance methods and to update referenced

American Society for Testing and Materials (ASTM) methods. Rule .0516

was amended to clarify that the general sulfur dioxide emissions

standard does not apply to spodumene ore roasting. Requirements for

spodumene ore roasting are established in Rule .0527. Rule .0530 was

amended to establish an increment level for PM-10, as required in 40

CFR 51.166, to replace the increment level for total suspended

particulate. EPA is approving the amendments of rules 15A NCAC 2D

.0501, .0516, and .0530 because these revisions are consistent with the

requirements of the Clean Air Act and EPA guidance.

Final Action

EPA is approving the above referenced revisions 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 December 4, 1995 unless, by November 3, 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 December 4, 1995.

Under section 307(b)(1) of the Clean Air Act (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

December 4, 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 Office of Management and Budget 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

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.

USEPA, 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 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 CAA.

These rules may bind State, local and tribal governments to perform

certain duties. EPA has examined whether 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. Therefore, this 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

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements, Sulfur oxides.

Dated: August 25, 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)(86) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(86) The PM-10 rules, Stack Testing Methods and other miscellaneous

[[Page 51925]]

revisions to the North Carolina State Implementation Plan which were

submitted on March 23, 1995.

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

rules 15A NCAC 2D .0501, .0516, and .0530 which were state effective on

February 1, 1995.

(ii) Other material. None.

[FR Doc. 95-23819 Filed 10-3-95; 8:45 am]

BILLING CODE 6560-50-F