Approval and Promulgation of Implementation Plans: Approval of Revisions to the North Carolina State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-083-1-9938a; FRL-6453-8]

Approval and Promulgation of Implementation Plans: 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 19, 1997, the State of North Carolina, through the

North Carolina Department of Environment and Natural Resources (NCDENR)

submitted revisions to the North Carolina State Implementation Plan

(SIP). Rules 15A NCAC 2D .0530 and 2Q .0104 and .0107 are revised to

amend cross-references and incorporate the latest edition of the Code

of Federal Regulations for Prevention of Significant Deterioration

(PSD). Rules 15A NCAC 2D .0518, .0902, .0909, and .0954 are revised to

change the mechanism and procedures for activating the Reasonably

Available Control Technology (RACT) rules for volatile organic

compounds (VOCs) and nitrogen oxides (NOx) in the Raleigh/Durham and

Greensboro/Winston-Salem/High Point ozone maintenance areas. Rules 15A

NCAC 2D .0907, .0910, and .0911 are being

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repealed to remove unnecessary or elapsed compliance schedules.

DATES: This direct final rule is effective December 14, 1999, without

further notice, unless EPA receives adverse comment by November 15,

1999. If adverse comment is 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: All comments should be addressed to: Gregory Crawford at the

U.S. Environmental Protection Agency, Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303.

Copies of the state submittal(s) are available at the following

addresses for inspection during normal business hours:

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 30303-8960.

North Carolina Department of Environment and Natural Resources,

Division of Air Quality, 1641 Mail Service Center, Raleigh, North

Carolina 27699.

FOR FURTHER INFORMATION CONTACT: Gregory Crawford, Regulatory Planning

Section, Air Planning Branch, Air Pesticides and Toxics Management

Division at 404/562-9046.

SUPPLEMENTARY INFORMATION:

I. Background

On March 19, 1997, the State of North Carolina Department of

Environment and Natural Resources submitted revisions to amend or

repeal multiple sections in the North Carolina Administrative Code.

These amendments addresses Subchapters 2D-Air Pollution Control

Requirements and 2Q-Air Quality Permits Requirements. Detailed

descriptions of the amendments are listed under ``Analysis of the

State's Submittal.''

II. Analysis of State's Submittal

15 A NCAC 2D .0530, Prevention of Significant Deterioration

This regulation was amended to incorporate the latest edition of

the Code of Federal Regulations concerning the PSD program. The general

statues for this regulation have been amended to remove the automatic

default issuance language when the Division of Air Quality (DAQ) fails

to act on the permit application in a timely manner (90 days).

15A NCAC 2Q. 0104, Where To Obtain and File Permit Application

This regulation was amended to remove a cross-reference to a

repealed rule.

15A NCAC 2Q. 0107, Confidential Information

This regulation was amended to correct a cross-reference to the

general statute that establishes the requirements for information to be

treated as confidential by the DAQ.

15A NCAC 2D. 0518, Miscellaneous Volatile Organic Compound Emissions

This regulation was amended to correct a cross-reference.

15A NCAC 2D .0902 (c-i), Applicability

This regulation was amended to correct a cross reference and change

the mechanism and procedures for activating the RACT for VOCs and NOx

in the Raleigh/Durham and Greensboro/Winston-Salem/High Point areas.

The amendment also deletes the unnecessary or elapsed compliance

schedules for the areas.

15A NCAC 2D .0909, Compliance Schedules for Sources in New

Nonattainment Areas

This regulation was amended to correct a cross-reference and to

amend the applicability language.

15A NCAC 2D. 0954, Stage II Vapor Recovery

This regulation was amended to correct cross-references in the

section.

15A NCAC 2D. 0907, Compliance Schedules for Sources in Nonattainment

Areas, 0910, Alternative Compliance Schedules, and .0911, Exception

From Compliance Schedules

These regulations are being repealed. The schedules in these rules

are obsolete.

III. Final Action

EPA is approving the aforementioned changes to the SIP because they

are consistent with the Clean Air Act and EPA requirements.

The EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial submittal and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse comments be filed. This rule will be effective December 14,

1999, without further notice unless the Agency receives adverse

comments by November 15, 1999.

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

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

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

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

institute a second comment period. Parties interested in commenting

should do so at this time. If no such comments are received, the public

is advised that this rule will be effective on December 14, 1999, and

no further action will be taken on the proposed rule.

IV. 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.''

B. Executive Orders on Federalism

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 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.

On August 4, 1999, President Clinton issued a new executive order

on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999),)

which will take effect on November 2, 1999. In the interim, the current

Executive Order

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12612, (52 FR 41685 (October 30, 1987),) on federalism still applies.

This rule will not have a substantial direct effect on States, on the

relationship between the national government and the States, or on the

distribution of power and responsibilities among the various levels of

government, as specified in Executive Order 12612. The rule affects

only one State and does not alter the relationship or the distribution

of power and responsibilities established in the Clean Air Act.

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, E.O. 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. 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 Electric 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 mandate that may result in estimated

annual costs to State, local, or tribal governments in the aggregate;

or to private sector, of $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 law, 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. National Technology Transfer and Advancement Act

Section 12 of the National Technology Transfer and Advancement Act

(NTTAA) of 1995 requires Federal agencies to evaluate existing

technical standards when developing a new regulation. To comply with

NTTAA, EPA must consider and use ``voluntary consensus standards''

(VCS) if available and applicable when developing programs and policies

unless doing so would be inconsistent with applicable law or otherwise

impractical.

The EPA believes that VCS are inapplicable to this action. Today's

action does not require the public to perform activities conducive to

the use of VCS.

I. 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 December 14, 1999. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the 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).)

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List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

Dated: September 23, 1999.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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(c) is amended by revising the entries for

Sections .0518, .0530, .0902, .0907, .0909, .0910, .0911, .0954, and

.0107 and by adding section .0104 to read as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) EPA approved regulations.

EPA Approved Regulations for North Carolina

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EPA approval

State citation Title/subject Adoption date date Explanation

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Subchapter 2D............................ Air Pollution Control Requirements

* * * * * * *

Section .0518............................ Miscellaneous Volatile Organic 11/21/96 10/15/99 ..........................................

Compound Emissions.

* * * * * * *

Section .0530............................ Prevention of Significant 11/21/96 10/15/99 ..........................................

Deterioration.

* * * * * * *

Section .0902............................ Applicability.................... 11/21/96 10/15/99 ..........................................

* * * * * * *

Section .0907............................ Compliance Schedules for Sources 11/21/96 10/15/99 [Repealed]

in Nonattainment Areas.

* * * * * * *

Section .0909............................ Compliance Schedules for Sources 11/21/96 10/15/99 ..........................................

in New Nonattainment Areas.

Section .0910............................ Alternate Compliance Schedules... 11/21/96 10/15/99 [Repealed]

Section .0911............................ Exceptions for Compliance 11/21/96 10/15/99 [Repealed

Schedules.

* * * * * * *

Section .0954............................ Stage II Vapor Recovery.......... 11/21/96 10/15/99

* * * * * * *

Subchapter 2Q............................ Air Quality Permits Requirements

Section .0104............................ Where to Obtain and File Permit 11/21/96 10/15/99 ..........................................

Applications.

Section .0107............................ Confidential Information......... 11/21/96 10/15/99 ..........................................

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[FR Doc. 99-26193 Filed 10-14-99; 8:45 am]

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