[Federal Register Volume 59, Number 209 (Monday, October 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26844]


[[Page Unknown]]

[Federal Register: October 31, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NC-064-1-6408a; FRL-5092-5]

 

Approval and Promulgation of Implementation Plans in North 
Carolina: 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 May 15, 1991, and January 7, 1994, 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). These revisions extend the New Source Review 
(NSR) regulations to new nonattainment areas for O3 and carbon 
monoxide (CO).

DATES: This final rule is effective on December 30, 1994 unless notice 
is received by November 30, 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 should be addressed to: 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.
    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: 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 May 15, 1991, and January 7, 1994, 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). These revisions 
addressed New Source Review (NSR), Prevention of Significant 
Deterioration (PSD) and Reasonably Available Control Technology (RACT). 
The RACT revisions will be addressed in a separate notice. Revision to 
rule 15 A NCAC 2D .0531, submitted May 15, 1991, is being approved in 
this notice. The remaining revisions submitted May 15, 1991, will be 
addressed in a separate notice. A brief description of each revision 
being addressed in this notice follows.

15A NCAC 2D .0531 Sources in Nonattainment Areas

    North Carolina amended this rule to extend the NSR requirements to 
new nonattainment areas for O3 and CO. The amendments require 
offsets to be obtained for both VOCs and nitrogen oxides (NOX) in 
ozone nonattainment areas. The amendments also require that major new 
sources of the nonattainment pollutant locating in a nonattainment area 
to obtain offsets for the major new source and associated minor sources 
using a ratio of at least 1.15 to 1.00 for VOC and NOX sources on 
ozone nonattainment areas and greater than one to one for CO 
nonattainment areas. This rule is also amended to add new compounds to 
the list of compounds whose emissions are exempt under this rule. This 
rule meets the requirement of the Clean Air Act as amended in 1990 for 
new sources locating in nonattainment areas.

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

    North Carolina amended this rule to exclude the nonattainment areas 
subject to NSR.

Final Action

    EPA is approving the above referenced revisions to the North 
Carolina SIP. This action is being taken 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 on December 30, 1994 unless, by November 30, 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 on December 30, 1994.
    Under section 307(b)(1) of the 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 30, 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).)
    The OMB has exempted these actions from review under Executive 
Order 12866.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any state implementation plan. Each request for revision to the state 
implementation plan 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. section 
7410(a)(2).

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation 
by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: October 5, 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 as follows:

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

Subpart II--North Carolina

    2. Section 52.1770 is amended by adding paragraph (c)(72) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (72) The NSR regulations to the North Carolina State Implementation 
Plan which were submitted on January 7, 1994.
    (i) Incorporation by reference.
    (A) North Carolina regulations 15A NCAC 2D.0531, and 2D.0532 
effective on December 1, 1993.
    (ii) Other material.
    (A) Letter of January 7, 1993, from the North Carolina Division of 
Environmental Management.
* * * * *
[FR Doc. 94-26844 Filed 10-28-94; 8:45 am]
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