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-049-1-7197a; FRL-5336-6]

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 May 15, 1991, 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) to EPA. These revisions include the correcting of an address; the

limiting of emissions of particulates from fuel burning indirect heat

exchangers; the elimination of a conflicting statement on updating

referenced regulations; the addition of compounds whose emissions will

not be considered in nonattainment areas; the changing of the allowable

emission limits for several boilers; and the clarification of the

permit requirements for replacement of existing equipment and for

sources subject to NSPS, NESHAPS and PSD requirements.

DATES: This action is effective April 15, 1996, unless notice is

received by March 15, 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 IV 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 ext. 4212.

SUPPLEMENTARY INFORMATION: On May 15, 1991, the Environmental

Management Commission submitted, to EPA, several amendments concerning

North Carolina's air quality regulations. The submitted revisions

include the limiting of emissions of particulates from fuel burning

indirect heat exchangers; the elimination of a conflicting statement on

updating referenced regulations; the addition of compounds whose

emissions will not be considered in nonattainment areas; the changing

of the allowable emission limits for several boilers; and several

smaller administrative changes.

On August 23, 1991, EPA notified the State of corrections needing

to be made prior to the approval of amendment 15A NCAC 2D .0501.

Subsequently, North Carolina, in a December 19, 1991, letter, requested

to have that amendment withdrawn. In a September 20, 1991, letter,

North Carolina submitted a revised version of Rule 2D .0536 Particulate

Emissions From Electric Utility Boilers to replace the version that was

contained in the hearing record on this Rule. The original version

submitted on May 15, 1991, contained changes made in the North Carolina

Rule of which parts are not contained in the Federally approved SIP.

The amended version is discussed later in this document. North Carolina

also submitted, in a September 24, 1992, package, revisions to 15A NCAC

2D .1002 Applicability. These revisions are also being addressed in

this rulemaking.

Revisions to rule 15A NCAC 2D .0531 Sources in Nonattainment Areas

were addressed in the October 31, 1994 Federal Register Notice (59 FR

54388-54389.)

EPA is approving the following revisions to the North Carolina SIP,

because they are consistent with the requirements set forth in the

Clean Air Act (CAA).

15A NCAC 2D .0103 Copies of Referenced Federal Regulations

North Carolina amended this rule to update the location at which

referenced material is available for public inspection.

[[Page 5690]]

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

Exchangers

North Carolina amended this rule to clarify the emissions of

particulates from fuel burning indirect heat exchangers. This revision

in no way changes the interpretation of the previous rule.

15A NCAC 2D .0530 Prevention of Significant Deterioration

North Carolina amended this rule to eliminate a conflicting

statement on updating referenced federal regulations.

15A NCAC 2D .0536 Particulate Emissions From Electric Utility Boilers

North Carolina amended this rule to change the maximum allowable

emissions rates from electric utility boilers at several utility

facilities.

15A NCAC 2H .0601 Purpose and Scope

North Carolina amended this rule to clarify the types of sources

for which construction or operating permits are required or not

required.

15A NCAC 2H .0607 Copies of Referenced Documents

North Carolina amended this rule to update the location at which

referenced materials are available for public inspection.

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 April 15, 1996, unless, by March 15, 1996, 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 15, 1996.

Under Section 307(b)(1) of the Act, 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 15,

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. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

Reference, Intergovernmental relations, Particulate Matter, Reporting

and recordkeeping requirements.

Dated: November 6, 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)(78) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(78) Miscellaneous revisions to the North Carolina State

Implementation Plan which were submitted on May 15, 1991.

(i) Incorporation by reference. (A) Amendments to North Carolina

regulations 15A NCAC 2D.0103, 2D.0503, 2D.0530, 2D.0536, 2H.0601, and

2H.0607, of the North Carolina State Implementation Plan submitted on

May 15, 1991, which were state effective on August 1, 1991.

(ii) Other material. None

* * * * *

[FR Doc. 96-3326 Filed 2-13-96; 8:45 am]

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