Approval and Promulgation of Implementation Plans; North Carolina: Approval of Revisions to the Forsyth County Air Quality Control Ordinance and Technical Code

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-075-1-7221a; FRL-5317-5]

Approval and Promulgation of Implementation Plans; North

Carolina: Approval of Revisions to the Forsyth County Air Quality

Control Ordinance and Technical Code

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On March 7, 1995, the Forsyth County Environmental Affairs

Department, through the North Carolina Department of Environment,

Health and Natural Resources, submitted recodifications to the Forsyth

County Air Quality Control Ordinance and Technical Code. These

recodifications make the Forsyth County Air Quality Control Ordinance

and Technical Code more directly comparable to the North Carolina Air

Quality Regulations.

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: 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 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

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 7, 1995, the Forsyth County

Environmental Affairs Department, through the North Carolina Department

of Environment, Health and Natural Resources, submitted recodifications

to the Forsyth County Air Quality Control Ordinance and Technical Code.

These recodifications make the Forsyth County Air Quality Control

Ordinance and Technical Code more directly comparable to the North

Carolina Air Quality Regulations. EPA has not reviewed the substance of

these regulations at this time. These rules were approved into the

State implementation plan in previous rulemakings. The EPA is now

merely approving the renumbering system, as well as any new language,

submitted by the Forsyth County Environmental

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Affairs Department. The EPA's approval of the renumbering system and

new language, at this time, does not imply any position with respect to

the approvability of the substantive rules. To the extent EPA has

issued any SIP calls to the State with respect to the adequacy of any

of the rules subject to this recodification, EPA will continue to

require the Forsyth County Environmental Affairs Department to correct

any such rule deficiencies despite EPA's approval of this

recodification.

Final Action

EPA is approving the above referenced revisions to the Forsyth

County Air Quality Control Ordinance and Technical Code. 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 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

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)).

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 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 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

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental relations, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Reporting and recordkeeping requirements,

Sulfur oxides.

Dated: October 3, 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)(87) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(87) Recodifications to the Forsyth County Air Quality Control

Ordinance and Technical Code and other miscellaneous revisions to the

North Carolina State Implementation Plan which were submitted on March

7, 1995.

(i) Incorporation by reference.

Forsyth County Air Quality Control Ordinance and Technical Code

effective on December 19, 1994. Subchapter 3A, Air Quality Control;

Subchapter 3B, Relationship to State Code; Subchapter 3D, Air Pollution

Control Requirements; Subchapter 3H, Section .0600 Air

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Quality Permits; and Subchapter 3Q, Air Quality Permits.

(ii) Other material. None.

[FR Doc. 96-1924 Filed 1-31-96; 8:45 am]

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