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-070-1-6962a; FRL-5295-9]

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 August 15, 1994, the State of North Carolina, through the

North Carolina Department of Environment, Health and Natural Resources,

(NCDEHNR) submitted revisions to the North Carolina State

Implementation Plan (SIP). These revisions are the adoption of new air

quality rules, amendments to existing air quality rules and repeals of

existing air quality rules that were the subject of public hearings

held on March 21 and 30, 1994. These major rule changes include the

addition of new sections 15A NCAC 2Q .0100 through .0111 General

Provisions, 15A NCAC 2Q .0300 through .0311 (except 302) Construction

and Operation Permits, and 15A NCAC 2Q .0600 through .0606

Transportation Facility Procedures. Other major revisions to the SIP

include the repealing of sections 15A NCAC 2H .0601 through .0607,

Purpose and Scope, and .0609 Permit Fees. Additional rule changes

include modification to existing rules to correct cross references.

EFFECTIVE DATE: This action is effective April 1, 1996 unless notice is

received by March 4, 1996 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 August 15, 1994, the State of North

Carolina, through the NCDEHNR submitted revisions to the North Carolina

SIP covering the adoption of new air quality rules, amendments to

existing air quality rules and repeals of existing air quality rules

that were the subject of public hearings held on March 21 and 30, 1994.

These rules address permitting and transportation.

EPA is approving the following new rules and revisions of existing

rules in the North Carolina SIP. These new rules and revisions are

consistent with the requirements of the Clean Air Act and EPA guidance.

[[Page 3585]]

Section 15A NCAC 2Q .0100 General Provisions

This Section contains rules that apply to the entire subchapter. It

requires a permit to be issued before constructing, operating or

modifying a source that emits a regulated air contaminant or before

entering into an irrevocable contract to construct, operate, or modify

an air cleaning device. It identifies two types of air quality permits:

the stationary source construction and operation air permit and the

transportation facility (parking lots, parking decks and airports)

construction and operation air permit. It also

1. Identifies activities exempted from air permit requirements;

2. defines terms used in this subchapter;

3. Provides information regarding where to obtain and file permit

applications and where to inspect referenced documents;

4. describes procedures to follow for requesting and declaring

confidential treatment of information;

5. authorizes the Director of the Division of Environmental

Management to delegate his permit issuance authority;

6. contains a compliance schedule for sources that have been

previously exempted from permitting but are now required to be

permitted;

7. requires permits to be kept on site; and

8. allows the owner or operator of a facility to request a

determination whether a particular facility or source requires a

permit.

Section 15A NCAC 2Q .0600 Transportation Facility Procedures

This section contains permitting procedures for transportation

sources (complex sources). These rules are, for the most part, a

recodification of rules contained in section 15A NCAC 2D .0800 and 2H

.0600. This section

1. Identifies who needs a permit under this section

2. defines terms used in this section;

3. describes items to be submitted with the application;

4. explains public participation procedures;

5. describes final action that may be taken on a permit

application; and

6. explains when a permit may be terminated, modified, or revoked

and reissued.

The following rules have been amended primarily to correct cross

references. Other changes are noted where applicable.

15A NCAC 2D .0101 Definitions

Rule .0101 has also been amended to change the definition of ``air

pollutant'' to one more consistent with the EPA definition

15A NCAC 2D .0501 Compliance With Emission Control Standards

Rule .0501 has been amended to include the paragraph previously

listed in 15A NCAC 2H .0603 that describes emissions trading

procedures.

15A NCAC 2D .0503 Particles From Fuel Burning Indirect Heat Exchangers

15A NCAC 2D .0530 Prevention of Significant Deterioration

15A NCAC 2D .0531 Sources in Nonattainment Areas

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

15A NCAC 2D .0533 Stack Height

15A NCAC 2D .0601 Purpose and Scope

Section 15A NCAC 2D .0800 Transportation Sources

The parts of this section that pertain to permitting procedures

have been transferred to section 15A NCAC 2Q .0600. Other changes

include the addition of new definitions for construction, modify (or

modification), owner (or developer) and transportaion facility. Two new

rules, 15A NCAC 2D .0805 Parking Facilities (explains in more detail

the types of parking facilities required to be evaluated and permitted)

and 15A NCAC 2D .0806 Ambient Monitoring and Modeling Analysis

(authorizes the Director to require modeling or monitoring), have been

added.

EPA is approving that the following rules in the North Carolina SIP

be repealed. These rules have been recodified into Section 15A NCAC 2Q

.0600 Transportation Facility Procedures.

15A NCAC 2H .0601 Purpose and Scope

15A NCAC 2H .0602 Definitions

15A NCAC 2H .0603 Application

15A NCAC 2H .0604 Final Action on Permit Applications

15A NCAC 2H .0606 Delegation of Authority

15A NCAC 2H .0607 Copies of Referenced Documents

15A NCAC 2H .0609 Permit Fees

This following sections are being addressed in separate Federal

Register Notices.

SECTION 15A NCAC 2Q .0207 Annual Emissions Reporting

SECTION 15A NCAC 2Q .0300 Construction and Operating Permit

Final Action

In this notice, 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

April 1, 1996. However, if notice is received by March 4, 1996 that

someone wishes to submit adverse or critical comments, this action will

be withdrawn and two subsequent notices will be published before the

effective date. One notice will withdraw the final action and another

will begin a new rulemaking by announcing a proposal of the action and

establishing a comment period.

Under Section 307(b)(1) of the CAA, 42 U.S.C. Sec. 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 April 1,

1996. 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

[[Page 3586]]

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.

U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. Section

7410(a)(2).

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 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, Carbon Monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements,

Sulfur oxides.

Dated: August 14, 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)(84) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(84) The VOC RACT regulations, NSR regulations, and other

miscellaneous revisions to the North Carolina State Implementation Plan

which were submitted on August 15, 1994.

(i) Incorporation by reference.

(A) Addition of new North Carolina regulations 15A NCAC 2D .0805

and .0806 and 15A NCAC 2Q .0101 through .0111, and .0601 through .0607.

effective on July 1, 1994.

(B) Amendments to North Carolina regulations 15A NCAC 2D .0101,

.0501, .0503, .0530, .0531, .0532, .0533, .0601, .0801, .0802, .0803,

and .0804 effective on July 1, 1994.

(ii) Other material. None.

* * * * *

[FR Doc. 96-1840 Filed 1-31-96; 8:45 am]

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