[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19843]


[[Page Unknown]]

[Federal Register: August 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NC-057-1-6412b; FRL-5004-8]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions submitted on March 3, 1993, by the 
State of North Carolina, through the North Carolina Department of 
Environment, Health and Natural Resources. These revisions corrected 
names and addresses, corrected cross-references, added a reference to 
the Federal Register document containing the nitrogen dioxide 
(NO2) increments, and clarified the visible emissions and ambient 
standards regulations.
DATES: This final rule will be effective October 14, 1994 unless 
adverse or critical comments are received by September 14, 1994. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments should be addressed to:

    Carol L. Kemker, Regulatory Planning and Development Section, Air 
Programs Branch, Air, Pesticides & Toxics Management Division, Region 
IV 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: Carol L. Kemker, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region IV Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is 
404-347-2864.

SUPPLEMENTARY INFORMATION: On March 3, 1993, 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). A brief description of each revision 
follows.

15 NCAC 2D .0103 Copies of Referenced Federal Regulations

    North Carolina amended this rule to change the address of the 
Wilmington Regional Office and to make grammatical changes.

15 NCAC 2D .0104 Incorporation by Reference

    North Carolina amended this rule to clarify that documents 
incorporated by reference in the CFR automatically include any future 
updates or amendments unless another rule specifies otherwise.

15 NCAC 2D .0401 Purpose

    North Carolina amended this rule to clarify that no facility or 
source of air pollution shall cause or contribute to a violation of any 
ambient air quality standard. The rule as previously written appeared 
to apply only to each emission point and not to the whole plant site.

15 NCAC 2D .0521 Control of Visible Emissions

    North Carolina amended this regulation to replace the term 
``installation'' with the term ``source'' or ``owner or operator of the 
source.'' The term ``installation'' was not defined and the terms 
``source'' or ``owner or operator of the source'' are defined.

15 NCAC 2D .0530 Prevention of Significant Deterioration

    North Carolina amended this rule to reference the Federal Register 
containing the nitrogen dioxide (NO2) increment requirements. This 
rule is also amended to specify that the version of the CFR 
incorporated in the rule is that of January 1, 1989, and does not 
include any subsequent amendments.

15 NCAC 2D .0531 Sources in Nonattainment Areas

    North Carolina amended this rule to specify that the version of the 
referenced CFR is that of January 1, 1989, and does not include any 
subsequent amendments.

15 NCAC 2D .0532 Sources Contributing to an Ambient Violation

    North Carolina amended this rule to correct a cross-reference. This 
rule is also amended to specify that the version of the referenced CFR 
is that of January 1, 1989, and does not include any subsequent 
amendments.

15 NCAC 2H .0603 Application

    North Carolina amended this rule to correct the mailing address of 
the Division of Environmental Management.

15 NCAC 2H .0609, Permit Fees

    North Carolina amended this rule to correct the Department name.

Final Action

    In this document, EPA is approving the revisions to the North 
Carolina Environmental Management regulations listed above. This action 
is being taken without prior proposal because the changes are 
noncontroversial and EPA anticipates no significant comments on them. 
The public should be advised that this action will be effective on 
October 14, 1994. However, if adverse or critical comments are received 
by September 14, 1994, this action will be withdrawn and two subsequent 
documents will be published before the effective date. One document 
will withdraw the final action. The second document will finalize the 
action and address the comments.
    Under section 307(b)(1) of the Clean Air 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 
October 14, 1994. 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 by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael Shapiro, Acting Assistant Administrator for Air 
and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions from the requirements of 
section 3 of Executive Order 12291 for two years. The EPA has submitted 
a request for a permanent waiver for Table 2 and Table 3 SIP revisions. 
The OMB has agreed to continue the waiver until such time as it rules 
on USEPA's request. This request continues in effect under Executive 
Order 12866 which superseded Executive Order 12291 on September 30, 
1993.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP 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 section 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

    Air pollution control, Incorporation by reference, Nitrogen 
dioxide, Reporting and recordkeeping requirements.

    Dated: June 9, 1994.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the 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)(71) to read 
as follows:

Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (71) The PSD NOx increment regulations and other miscellaneous 
revisions to the North Carolina State Implementation Plan which were 
submitted on March 3, 1993.
    (i) Incorporation by reference.
    (A) North Carolina regulations 15 NCAC 2D.0103, 2D.0104, 2D.0401, 
2D.0521, 2D.0530, 2D.0531, 2D.0532, 2H.0603, 2H.0607, and 2H.0609 
effective on December 1, 1992.
    (ii) Other material. None.
[FR Doc. 94-19843 Filed 8-12-94; 8:45 am]
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