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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-087-1-9939a; FRL-6463-6]

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 July 29, 1998, the State of North Carolina, through the

North Carolina Department of Environment and Natural Resources (NCDENR)

submitted miscellaneous revisions to the North Carolina State

Implementation Plan (SIP). These revisions include but are not limited

to, clarifying rules for the control of particulate emissions, adding

requirements for expedited permit processing, revising the Division

name and address, and amending case-by-case MACT language. EPA is

approving these revisions because they are consistent with the

requirements set forth in the Clean Air Act (CAA) amendments of 1990.

DATES: This direct final rule is effective January 10, 2000, without

further notice, unless EPA receives adverse comment by December 10,

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 30303-8960.

Copies of documents relative to this action 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 July 29, 1998, the State of North Carolina Department of

Environment and Natural Resources submitted revisions to amend, adopt,

and repeal multiple sections in the North Carolina Administrative Code.

These amendments address 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 .0101--Definitions, .0104--Incorporation by Reference,

.0105--Mailing List, .0202--Registration of Air Pollution Sources,

.0302--Episode Criteria, .0531--Sources in Nonattainment Areas, .0953--

Vapor Return Piping for Stage II Vapor Recovery, .1902--Definitions,

.1903--Permissible Open Burning Without a Permit, 15 A NCAC 2Q .0103--

Definitions, .0108--Delegation of Authority, .0307--Public

Participation Procedures

These regulations were amended to change the Division's name from

Division of Environmental Management to the Air Quality Division, due

to restructure of the organization.

15A NCAC 2Q .0207--Annual Emissions Reporting

This regulation was amended to add perchloroethylene to the list of

compounds in 15A NCAC 2Q .0207, since annual reporting of emissions is

required.

15A NCAC 2Q .0805--Grain Elevators, .0806--Cotton Gins, .0807--

Emergency Generators

These regulations were amended to revise the exclusionary levels

for permit fee purposes for both grain elevators and cotton gins and to

clarify that storage tanks that store fuel for an emergency generator

would not disqualify the generator from exclusionary rules.

15A NCAC 2D .0506--Particulates from Hot Mix Asphalt Plants, .0507--

Particulates From Chemical Fertilizer Manufacturing Plants, .0508--

Particulates From Pulp and Paper Mills, .0509--Particulates from Mica

or Feldspar Processing Plants, .0510--Particulates From Sand, Gravel,

or Crushed Stone Operations, .0511--Particulates From Lightweight

Aggregate Processes, .0513--Particulates From Portland Cement Plants,

.0514--Particulates From Ferrous Jobbing Foundries, .0515--Particulates

From Miscellaneous Industrial Processes, .0540--Particulates From

Fugitive Non-Process Dust Emission Sources

These regulations were adopted to clarify existing and adopt new

rules for the control of particulate emissions. The allowable emission

rates for the sections were simplified from a table format to a bullet

listing of emission rates for each section.

15A NCAC 2D .0521--Control of Visible Emissions

This regulation amends language to use consistent terminology in

the visible emissions rule.

15A NCAC 2D .0914--Determination of VOC Emission Control System

Efficiency

This regulation was amended to correct a deficiency identified by

the EPA in the procedures for determining capture efficiency. EPA

recommends capture efficiency protocols and test methods be determined

as described in the EPA document, EMTIC GD-035, ``Guidelines for

Determining Capture Efficiency.'' The State is incorporating this rule

by reference.

15A NCAC 2D. 0927--Bulk Gasoline Terminals

This regulation was amended to require bulk gasoline terminals to

weld or gasket deck seams on contact decks.

15A NCAC 2D. 0953--Vapor Return Piping for Stage II Vapor Recovery

This regulation was amended to require affected facilities (any

gasoline

[[Page 61214]]

service station or gasoline service station dispensing facility) to

install necessary piping for installation of the California Air

Resource Board certified Stage II vapor recovery systems.

15A NCAC 2Q .0101--Required Air Quality Permits, .0306--Permits

Requiring Public Participation, .0312--Application Processing Schedule

These regulations amend the case-by-case Maximum Achievable Control

Technology rules by incorporating details of the final federal

requirements into the existing State rules requiring and specifying

procedures for such determinations.

15A NCAC 2D .0938--Perchloroethylene Dry Cleaning System

This regulation was amended to remove an unnecessary rule since

perchloroethylene is no longer considered a volatile organic compound

for the formation of ozone.

15A NCAC 2Q .0312--Application Processing Schedule, .0313--Expedited

Processing Schedule, .0607 Application Processing Schedule

These regulations adopt rules for the implementation of expedited

permit processing procedures and amend the application processing

schedule rules.

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 January 10, 2000

without further notice unless the Agency receives adverse comments by

December 10, 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 January 10, 2000 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 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.

Under Executive Order 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, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to 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

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governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 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 Executive

Order 12875 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 January 10, 2000. 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

Dated: October 5, 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 2D Air Pollution Control Requirements: .0101, .0104, .0105,

.0202, .0302, .0506, .0507, .0508, .0509, .0510, .0511, .0513, .0514,

.0515, .0521, .0531, .0540, .0914, .0927, .0938, .0953, .1902, .1903

and Subchapter 2Q Air Quality Permits Requirements: .0101, .0103,

.0108, .0207, .0306, .0307, .0312, .0313, .0607, .0805, .0806, .0807,

to read as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) EPA approved regulations.

[[Page 61216]]

EPA Approved North Carolina Regulations

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State

State citation Title/subject effective EPA approval Explanation

date date

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Subchapter 2D Air Pollution Control Requirements

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* * * * * *

*

Section .0101................... Definitions............. 1/15/98 11/10/99

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Subchapter 2D Air Pollution Control Requirements

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

* * * * * *

*

Section .0105................... Mailing List............ 1/15/98 11/10/99

* * * * * *

*

Section .0202................... Registration of Air 1/15/98 11/10/99

Pollution Sources.

* * * * * *

*

Section .0302................... Episode Criteria........ 1/15/98 11/10/99

* * * * * *

*

Section .0506................... Particulates from Hot 3/20/98 11/10/99

Mix Asphalt Plants.

Section .0507................... Particulates from 3/20/98 11/10/99

Chemical Fertilizer.

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Subchapter 2D Air Pollution Control Requirements

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Section .0508................... Particulates from Pulp 3/20/98 11/10/99

and Paper Mills.

Section .0509................... Particulates from Mica 3/20/98 11/10/99

or Feldspar Processing.

Section .0510................... Particulates from Sand, 3/20/98 11/10/99

Gravel, or Crushed

Stone Operations.

Section . 0511.................. Particulates from 3/20/98 11/10/99

Lightweight Aggregate.

* * * * * *

*

Section .0513................... Particulates from 3/20/98 11/10/99

Portland Cement Plants.

Section .0514................... Particulates from 3/20/98 11/10/99

Ferrous Jobbing

Foundries.

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Subchapter 2D Air Pollution Control Requirements

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Section .0521................... Control of Visible 3/20/98 11/10/99

Emissions.

* * * * * *

*

Section .0531................... Sources in Nonattainment 1/15/98 11/10/99

Areas.

* * * * * *

*

Section .0540................... Particulates from 3/20/98 11/10/99

Fugitive Non-Process

Dust Emission Sources.

* * * * * *

*

Section .0914................... Determination of VOC 3/20/98 11/10/99

Emission Control System

Efficiency.

* * * * * *

*

Section .0927................... Bulk Gasoline Terminals. 3/20/98 11/10/99

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

Subchapter 2D Air Pollution Control Requirements

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* * * * * *

*

Section .0953................... Vapor Return Piping for 1/15/98 11/10/99

Stage II Vapor Recovery.

Section .0953................... Vapor Return Piping for 3/20/98 11/10/99

Stage II Vapor Recovery.

* * * * * *

*

Section .1902................... Definitions............. 1/15/98 11/10/99

Section .1903................... Permissible Open Burning 1/15/98 11/10/99

Without a Permit.

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Subchapter 2Q Air Quality Permits Requirements

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Section .0101................... Required Air Quality 3/20/98 11/10/99

Permits.

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[[Page 61217]]

* * * * * *

*

Subchapter 2Q Air Quality Permits Requirements

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Section .0103................... Definitions............. 1/15/98 11/10/99

* * * * * *

*

Section .0207................... Annual Emissions 1/15/98 11/10/99

Reporting.

* * * * * *

*

Section .0306................... Permits Requiring Public 3/20/98 11/10/99

Participation.

Section .0307................... Public Participation 1/15/98 11/10/99

Procedures.

* * * * * *

*

Section .0312................... Application Processing 3/20/98 11/10/99

Schedule.

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

Subchapter 2Q Air Quality Permits Requirements

* * * * * *

*

Section .0805................... Grain Elevators......... 1/15/98 11/10/99

Section .0806................... Cotton Gins............. 1/15/98 11/10/99

Section .0807................... Emergency Generators.... 1/15/98 11/10/99

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[FR Doc. 99-27931 Filed 11-9-99; 8:45 am]

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