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-77-1-7728a & NC-74-1-7727a; FRL-5325-3]

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 March 3, 1995, and May 24, 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). These revisions adopt three source-specific

volatile organic compound rules; Thread Bonding Manufacturing, Glass

Christmas Ornament Manufacturing, Commercial Bakeries, delete textile

coating, Christmas ornament manufacturing, and bakeries from the list

of sources that must follow interim standards, define di-acetone

alcohol as a non-photochemically reactive solvent, and place statutory

requirements for adoption by reference for referenced ASTM methods into

a single rule rather than each individual rule that references ASTM

methods.

DATES: 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 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: 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 May 24, 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). These revisions affect several sections in

the ozone regulations. EPA is approving the revisions to sections 15A

NCAC 2D .0104 Incorporation by Reference, .0950 Interim Standards for

Certain Source Categories, .0955 Thread Bonding Manufacturing, .0956

Glass Christmas Ornament Manufacturing, and .0957 Commercial Bakeries,

because these revisions are consistent with the requirements of the

Clean Air Act and EPA guidance.

15A NCAC 2D .0104, Incorporation by Reference

These amendments involve the placement of statutory requirements

for adoption by reference for referenced American Society for Testing

and Materials methods (ASTM) into a single rule rather than each

individual rule that references ASTM methods.

15A NCAC 2D .0950, Interim Standards for Certain Source Categories

This section, is being revised to delete textile coating, bakeries

and Christmas ornament manufacturing from the list of sources that are

required to follow the interim standards. The sources removed have had

permanent rules adopted and are now subject to those requirements. The

final revision in this section adds a sentence that defines di-acetone

alcohol and perchloroethylene as a non-photochemically reactive solvent

for these interim standards.

The permanent rules adopted were 15A NCAC 2D .0955 THREAD BONDING

MANUFACTURING, .0956 GLASS CHRISTMAS ORNAMENT MANUFACTURING, and .0957

COMMERCIAL BAKERIES. These sections adopted rules to reduce the

emission level by requiring at least a 95% reduction by weight and/or

by installing a thermal incinerator with a temperature of at least 1600

F and a residence time of at least 0.75 seconds.

The submitted revisions also included amendments to 15A NCAC 2D

.0902 Applicability; .0907 Compliance Schedules For Sources In

Nonattainment Areas; .0910 Alternative Compliance Schedules; .0911

Exception From Compliance Schedules; .0952 Petition For Alternative

Controls; .0954 Stage II Vapor Recovery; .1401-.1415; Reasonably

Available Control Technology for Sources of Nitrogen Oxides (Nox

RACT); .1501-.1504 Transportation Conformity; and .1601-.1603; General

Conformity. These revisions are being addressed in separate Federal

Register Notices.

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 April 1, 1996 unless, within 30 days of its publication,

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 April 1, 1996.

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 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

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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 for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

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 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. 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 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, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur

oxides.

Dated: October 20, 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)(85) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(85) The VOC revisions to the North Carolina State Implementation

Plan which were submitted on March 3, 1995, and on May 24, 1995.

(i) Incorporation by reference.

(A) Regulations 15A NCAC 2D .0955, .0956, and .0957 effective on

April 1, 1995.

(B) Regulations 15A NCAC 2D .0950, and .0104 effective on May 1,

1995.

(ii) Other material. None.

* * * * *

[FR Doc. 96-1841 Filed 1-31-96; 8:45 am]

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