[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25679]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NC-44-1-6641a; FRL-5081-7]

 

Approval and Promulgation of Sulfur Dioxide State Implementation 
Plan, North Carolina: Approval of Texasgulf, Incorporated, Air Permit 
No. 2331R10

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: On October 13, 1989, the State of North Carolina issued to 
Texasgulf, Incorporated (TG), located in Aurora, Beaufort County, North 
Carolina, air permit number 2331R10, which set the sulfur dioxide 
emission limit at 2.3 pounds per million British Thermal Units (BTU). 
The State then submitted this permit to EPA on November 2, 1989, for 
approval as a revision to the State implementation plan (SIP). Upon 
review of the permit, EPA finds that the designated limit for Texasgulf 
is adequate to protect the ambient standard and approves this permit.

DATES: This final rule will be effective December 19, 1994 unless 
notice is received by November 17, 1994 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 on this action should be addressed to Mr. 
Randy Terry at the EPA Regional Office listed.
    Copies of the documents relative to this action are available for 
public inspection during normal business hours at the following 
locations. The interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day.
    Air and Radiation Docket and Information Center (Air Docket 6102), 
US Environmental Protection Agency, 443, 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, Division of Environmental Management, P.O. Box 29535, 
Raleigh, North Carolina 27626-0535.

FOR FURTHER INFORMATION CONTACT: Mr. Randy Terry, 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 
404/347-3555, ext. 4212.

SUPPLEMENTARY INFORMATION: On December 7, 1982 (47 FR 54934), EPA 
announced approval of a revised sulfur dioxide (SO2) emission 
limit for most fuel- burning sources in North Carolina. This revision 
raised the emission limit of SO2 from 1.6 pounds per million BTU 
to 2.3 pounds per million BTU. Texasgulf, Incorporated, located in 
Aurora, Beaufort County, North Carolina, was included in this 
rulemaking, but was not allowed to increase it's emission level until 
such time that appropriate conditions could be applied to ensure that 
the ambient standard was not violated. These conditions included the 
issuance of an air permit. On October 13, 1989, North Carolina 
Environmental Management Commission issued air permit no. 2331R10 to 
Texasgulf, Incorporated. On November 2, 1989, the State of North 
Carolina, through the North Carolina Department of Environment, Health 
and Natural Resources submitted this permit to EPA for approval as a 
revision to the North Carolina SIP regarding the SO2 emissions 
limitation for Texasgulf, Incorporated. In a letter dated November 25, 
1991, EPA responded to the Texasgulf, Incorporated submittal with 
several comments concerning the enforceability of the permit. EPA 
questioned North Carolina's ability to enforce the condition of 
reporting any 4-hour exceedances of SO2, opacity and particulate 
standards without requiring the installation of SO2 and opacity 
monitors. EPA also stated that the permit should be revised to 
incorporate the emission limits for the F.W. and B.W. boilers because 
alternative operating procedures are allowable if one or more of the 
acid plants are inoperable. EPA directed North Carolina to address 
these sections before the permit could be approved. On April 29, 1994, 
North Carolina submitted a letter to EPA which effectively responded to 
all of EPA's concerns and demonstrated that the permit contains 
adequate recordkeeping and testing requirements.

Final Action

    EPA is approving Texasgulf, Inc's Air Permit No. 2331R10 submitted 
on November 2, 1989, for incorporation into the North Carolina SIP. The 
EPA is publishing this action 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 
December 19, 1994 unless, by November 17, 1994, 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 December 19, 1994.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Amendments 
enacted on November 15, 1990. The EPA has determined that this action 
conforms with those requirements irrespective of the fact that the 
submittal preceded the date of enactment.
    Under section 307(b)(1) of the Clean Air Act (CAA), 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 
December 19, 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 CAA, 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 (54 FR 2222) from the 
requirements of section 3 of Executive Order 12291 for two years. EPA 
has submitted a request for a permanent waiver for Table 2 and Table 3 
SIP revisions. The OMB has agreed to continue the temporary waiver 
until such time as it rules on EPA'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 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, 
Intergovernmental relations, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: September 22, 1994.
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 asfollows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart II--North Carolina

    2. Section 52.1770 is amended by adding paragraph (c)(76) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (76) The North Carolina Department of Environment, Health and 
Natural Resources submitted revisions to the North Carolina State 
Implementation Plan on November 2, 1989. These revisions incorporate 
SO2 limits and permit conditions for Texasgulf, Incorporated.
    (i) Incorporation by reference.
    (A) Permit for Texasgulf, Incorporated (air permit no. 2331R10) 
which was issued by the Environmental Management Commission on October 
13, 1989.
    (ii) Additional material-none.
[FR Doc. 94-25679 Filed 10-17-94; 8:45 am]
BILLING CODE 6560-50-F