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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-86-01-9830a; FRL-6207-3]

Approval and Promulgation of Implementation Plans State of North

Carolina: Approval of Miscellaneous Revisions to the Forsyth County Air

Quality Control Ordinance and Technical Code

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: On October 10, 1997, the North Carolina Department of

Environment and Natural Resources submitted revisions to the Forsyth

County Air Quality Control Ordinance and Technical Code. These

revisions include the updating of several regulations, deletion of

previously referenced material, rewriting of several regulations, and

the correction of several regulations. The purpose of these revisions

is to make the revised regulations consistent with the North Carolina

State Implementation Plan (SIP).

DATES: This direct final rule is effective on March 1, 1999 without

further notice, unless EPA receives adverse comment by February 1,

1999. If adverse comments are received, EPA will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect.

ADDRESSES: Written comments on this action should be addressed to Randy

Terry at the Environmental Protection Agency, Region 4 Air Planning

Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies of

documents relative to this action are available for public inspection

during normal business hours at the locations below. The interested

persons wanting to examine these documents should make an appointment

with the appropriate office at least 24 hours before the visiting day.

Reference file NC086-01-9830. The Region 4 office may have additional

background documents not available at the other 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 Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303.

North Carolina Department of Environment and Natural Resources, 512

North Salisbury Street, Raleigh, North Carolina 27604.

Forsyth County Environmental Affairs Department, 537 North Spruce

Street, Winston-Salem, NC 27101-1362.

FOR FURTHER INFORMATION CONTACT:

Randy Terry, Regulatory Planning Section, Air Planning Branch, Air,

Pesticides & Toxics Management Division, Region 4 Environmental

Protection Agency, 61 Forsyth Street, SW, Atlanta, Georgia 30303. The

telephone number is (404) 562-9032.

SUPPLEMENTARY INFORMATION: On October 10, 1997, the State of North

Carolina Department of Environment and Natural Resources submitted

revisions to amend or repeal multiple sections in the Forsyth Country

Technical Code. These amendments address Subchapters 3A-Air Quality

Control, 3D-Air Pollution Control Requirements, and 3Q-Air Quality

Permits. The amendments are as follows:

Subchapter 3A--Air Quality Control

.0110 CFR Dates and .0112 ASTM Dates

These regulations were updated to reference the Federal regulations

in effect on May 20, 1997.

Subchapter 3D--Air Pollution Control Requirements

.0512 Particulates From Wood Products Finishing Plants

This regulation was amended to change a reference from commission

to Director.

.0518 Miscellaneous Volatile Organic Compound Emissions

This regulation was amended to change a rule citation within this

rule from .0902 (d), (e) or (f) to .0902 (e), (f) or (g).

The original rule included the following language.

``This paragraph shall not apply to sources subject to the

requirements of Section .0900 of this Subchapter because of Rule .0902

(d), (e) or (f).''

The language in the revised rule is as follows.

``This paragraph shall not apply to sources subject to the

requirements of Section .0900 of this Subchapter because of Rule .0902

(e), (f) or (g).''

.0530 Prevention of Significant Deterioration

This regulation was amended to incorporate the most recent version

of 40 CFR 51.166. The rule was revised to reference the 40 CFR 51.166

rule effective on March 15, 1996.

[[Page 72191]]

.0902 Applicability

Paragraph (a) was rewritten to list all of the Regulations in

Section .0900 Volatile Organic Compounds that apply in Forsyth County.

Paragraph (b) was revised to add the title (Vapor Return Piping

System for Vapor Recovery) of rule .0953 alongside a citation of that

rule number.

Paragraph (c) is a new section created and is reserved.

The paragraph originally listed as (c) has been recodified as (d).

This section also changes a reference from paragraph (g) of this rule

to paragraphs (a), (b), (c), or (h).

The original rule included the following language.

``With the exceptions stated in Paragraph (g) of this Rule''

The revised rule includes the following language.

``With the exceptions stated in Paragraphs (a), (b), (c), or (h) of

this Rule''

The paragraph originally listed as (d) was deleted.

The language originally listed as in paragraph (f) was deleted and

new language was adopted. The new language describes the procedure the

Director of the North Carolina Division of Air Quality must follow if a

violation of the ambient air quality standard is measured in Forsyth

County.

Paragraphs (g) and (h) were recodified as paragraphs (h) and (i)

respectively and a new paragraph (g) was created and reserved.

.0907 Compliance Schedules for Sources in Nonattainment Areas

.0910 Alternative Compliance Schedules, .0911 Exception From

Compliance Schedules

These regulations were repealed because they were no longer

applicable to any areas within Forsyth County.

.0909 Compliance Schedules for Sources in New Nonattainment Areas

This regulation was amended to change a specific rule citation from

.0902 (d), or (e) to 0902 (e), (f) or (g) in order to remain consistent

with the most recent revisions to rule .0902.

Subparagraph (1) under paragraph (b) was deleted and reserved.

Subparagraph (2) under paragraph (b) was revised to change previous

references of rule .0946; Compliance Schedule: Gasoline Service

Stations Stage I to now reference rules .0953; Vapor Return Piping for

Stage II Vapor Recovery or .0954; Stage II Vapor Recovery.

Subparagraph (3) under paragraph (b) was adopted and exempts

sources required to comply with the requirements of Section .0900 under

rule .0902(a).

.0954 Stage II Vapor Recovery

This regulation was amended to change a specific rule citation from

.0902 (d), or (e) to .0902 (e), (f) or (g) in order to remain

consistent with the most recent revisions to rule .0902.

.1903 Permissible Open Burning

This regulation is amended to clarify that material shall not be

taken off-site for open burning at another location without a permit.

Subchapter 3Q--Air Quality Permits

.0102 Activities Exempt From Permit Requirements

.0102(a)(1)(A) is being adopted and states that although 40 CFR

Part 60 Subpart Dc, industrial, commercial, and institutional steam

generating units may be located at a facility that is not required to

be permitted under Subchapter 3Q .0500, the units are not exempt from

permit requirements.

.0102(a)(1)(B) is adopted and states that although 40 CFR Part 60

Subpart Kb, volatile organic liquid storage vessels may be located at a

facility that is not required to be permitted under Subchapter 3Q,

.0500, the units are not exempt from permit requirements.

.0102(a)(1)(C) is adopted and states that 40 CFR Part 60 Subpart

AAA, new residential wood heaters are not exempt from permit

requirements.

Subparagraph (2) under paragraph (a) is revised to reflect that

national emission standards for hazardous air pollutants have been

moved from Subchapter .0525 to .1110.

The language in subparagraph (5) under paragraph (a) has been

deleted and subparagraph (5) has been reserved.

.0104 Where to Obtain and File Permit Applications

This regulation was amended to change a rule citation from .0602 to

.0603 to correctly refer customers to the regulation that lists the

number of copies of applications to be filed.

.0107 Confidential Information

This regulation was amended to make it clearer by changing wording

but not intent.

.0307 Public Participation Procedures

This regulation was amended to correct a clerical error and change

a specific rules citation from .0307(b)(4) to .0037(c)(4). This change

now correctly refers customers to the list of information that must be

identified in the public notice.

.0312 Application Processing Schedule

This regulation was amended to include language for renewals of

permits. A paragraph was added that requires the Director to issue or

deny the permit within 90 days of receipt of a complete application, or

10 days after receipt of requested additional information, or by the

expiration date of the permit, whichever is later.

.803 Coating, Solvent Cleaning, Graphic Arts Operations

This regulation was amended to change all references from average

method to total. For reporting purposes, all information on emissions

of volatile organic compounds of hazardous air pollutants is now to be

submitted as a twelve month rolling total. The twelve month rolling

average method is no longer acceptable.

Final Action

EPA is approving the aforementioned changes to the SIP because the

Agency has determined that this action conforms with requirements of

the Clean Air Act and EPA guidance.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However in the proposed rule section of this Federal

Register publication, EPA is publishing a separate document that will

serve as the proposal to approve the SIP revision, should relevant

adverse comments be filed. This rule will be effective without further

notice unless the Agency receives relevant adverse comments by February

1, 1999.

If the EPA receives such comments, then EPA will publish a notice

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will be addressed in a

subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period on the proposed rule. Only parties

interested in commenting on the proposed rule should do so at this

time. If no such comments are received, the public is advised that this

rule will be effective on March 1, 1999 and no further action will be

taken on the proposed rule.

I. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review''.

[[Page 72192]]

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the governments, and a statement supporting the need to

issue the regulation. In addition, E.O. 12875 requires EPA to develop

an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected and other representatives of

Indian tribal governments ``to provide meaningful and timely input in

the development of regulatory policies on matters that significantly or

uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electronic Co., v. U.S. EPA, 427 U.S. 246, 255-66

(1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandates that may result in

estimated annual costs to State, local, or tribal governments in the

aggregate; or to private sector, or $100 million or more. Under Section

205, EPA must select the most cost-effective and least burdensome

alternative that achieves the objectives of the rule and is consistent

with statutory requirements. Section 203 requires EPA to establish a

plan for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated annual costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

pre-existing requirements under State or local laws, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

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

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by March 1, 1999. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this Act for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and

[[Page 72193]]

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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Reporting and recordkeeping

requirements.

Dated: October 28, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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 et seq.

Subpart--II--North Carolina

2. Section 52.1770, is amended by adding paragraph (c)(96) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(96) The miscellaneous revisions to the North Carolina State

Implementation Plan, which were submitted on October 10, 1997.

(i) Incorporation by reference.

Subchapter 31A--Air Quality Control

.0110 CFR Dates and .0112 ASTM Dates effective on July 28, 1997.

Subchapter 3D--Air Pollution Control Requirements

.0501(g); Compliance With Emission Control Standards .0512

Particulate From Wood Products Finishing Plants, .0518(e) and (g);

Miscellaneous Volatile Organic Compound Emissions, .0530(a), (1), (o),

and (s); Prevention of Significant Deterioration, .0902(a) through (i);

Applicability, .0907 Compliance Schedules for Sources in Nonattainment

Areas, .0909(a) through (c), (g) and (h); Compliance Schedules for

Sources in New Nonattainment Areas, .0910 Alternative Compliance

Schedules, .0911 Exception From Compliance Schedules, .0954(a) and (f)

Stage II Vapor Recovery, and .1903(b)(2)(E); Permissible Open Burning

effective on July 28, 1997.

Subchapter 3Q--Air Quality Permits

.0102(a) through (e); Activities Exempt From Permit Requirements,

.0104(b); Where to Obtain and File Permit Applications, .0107(b);

Confidential Information, .0307(i); Public Participation Procedures,

.0312(a)(1)(C); Application Processing Schedule, .0603(e);

Transportation Facility Procedures .803(f)(2) (A) through (C) Coating,

Solvent Cleaning, and Graphic Arts Operations effective on July 28,

1997.

(ii) Other material. None.

[FR Doc. 98-34311 Filed 12-30-98; 8:45 am]

BILLING CODE 6560-50-M