[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Rules and Regulations]
[Pages 5136-5138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1934]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NC-064-2-6642a; FRL-5138-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On 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 Reasonably Available Control 
Technology (RACT) regulations for emissions of Volatile Organic 
Compounds (VOC) to new and expanded nonattainment areas for ozone 
(O3); amend several definitions; add compliance schedules for 
sources located in O3 nonattainment areas; amend the alternative 
compliance and exemption from compliance schedule regulations; amend 
the graphic arts regulation; add new regulations for several types of 
VOC sources; and add an interim regulation for categories of sources 
for which RACT guidelines are being developed.

DATES: This final rule is effective March 27, 1995 unless notice is 
received by February 27, 1995 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. Thetelephone number is 
404/ 347-3555 ext. 4212.

SUPPLEMENTARY INFORMATION: On 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 SIP. 
These revisions extend the RACT for emissions of VOCs.

Pre-enactment Nonattainment Areas With Extended Boundaries

    Under the pre-amended Clean Air Act, ozone nonattainment areas were 
required to adopt RACT rules for sources of VOC emissions. EPA issued 
three sets of control technique guidelines (CTGs) documents, 
establishing a ``presumptive norm'' for RACT for various categories of 
VOC sources. The three sets of CTGs were: (1) Group I--those issued 
before January 1978 (15 CTGs); (2) Group II--those issued in 1978 (9 
CTGs); and (3) Group III--those issued in the early 1980's (5 CTGs). 
Those sources not covered by a CTG were called non-CTG sources. EPA 
determined that the area's attainment date determined which RACT rules 
the area needed to adopt and implement. Under section 172, ozone 
nonattainment areas were generally required to attain the ozone 
standard by December 31, 1982. Those areas that submitted an attainment 
demonstration projecting attainment by that date were required to adopt 
RACT for sources covered by the Group I and II CTGs. Those areas that 
sought an extension of the attainment date to as late as December 31, 
1987, under section 172 were required to adopt RACT for all CTG sources 
and for all major non-CTG sources.
    Under the pre-amended Act, EPA designated the Charlotte area 
(Mecklenburg County) as nonattainment. The State established a pre-
enactment attainment date of December 31, 1982, for the Charlotte 
nonattainment area and, therefore, RACT was required for the Group I 
and II CTG's.
    However, the Charlotte area did not attain the ozone standard by 
the approved attainment date. On May 26, 1988, EPA notified the 
Governor of North Carolina that portions of the SIP were inadequate to 
attain and maintain the ozone standard and requested that deficiencies 
in the existing SIP be corrected (EPA's SIP-Call). On November 15, 
1990, amendments to the 1977 CAA were enacted. Public Law 101-549, 104 
Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended section 
182(a)(2)(A) of the CAA, Congress statutorily adopted the requirement 
that pre-enactment ozone nonattainment areas that retained their 
designation of nonattainment and were classified as marginal or above 
fix their deficient RACT rules for ozone by May 15, 1991. The Charlotte 
area retained its designation of nonattainment and was classified as 
moderate. (See 56 FR 56694 (Nov. 6, 1991)). The State submitted 
[[Page 5137]] revisions to meet the RACT fix-up requirement and EPA has 
approved these revisions. These revisions became effective on August 
22, 1994.
    Section 182(b)(2) of the amended Act requires states to adopt RACT 
rules for all areas designated nonattainment for ozone and classified 
as moderate or above. There are three parts to the section 182(b)(2) 
RACT requirement: (1) RACT for sources covered by an existing CTG--
i.e., a CTG issued prior to the enactment of the CAA of 1990; (2) RACT 
for sources covered by a post-enactment CTG; and (3) all major sources 
not covered by a CTG. This section of the CAA requires nonattainment 
areas that previously were exempt from [certain] RACT requirements to 
``catch up'' to those nonattainment areas that became subject to those 
requirements during an earlier period. In addition, it requires newly 
designated ozone nonattainment areas to adopt RACT rules consistent 
with those required for previously designated nonattainment areas. 
Since the Charlotte area was previously required to adopt RACT for 
Groups I and II CTG's, to meet the RACT catch-up requirement the State 
needed to submit RACT rules for Group III CTG's and major non-CTG 
sources for the pre-enactment nonattainment area.
    In addition to the pre-enactment nonattainment area retaining its 
nonattainment designation, EPA also extended the nonattainment area 
boundaries to include Gaston County (56 FR 56694). Therefore, these 
portions of the extended nonattainment area also are subject to RACT as 
defined in section 182(b)(2). Also, under the RACT catch-up provision 
of section 182(b)(3), the State was required, for these portions of the 
nonattainment area, to submit RACT rules covering all pre-enactment 
CTGs, to identify all sources the State anticipates will be covered by 
a post enactment CTG and to submit non-CTG rules for all remaining 
major sources--100 tons per year--of VOC emissions.
    EPA is approving the following revisions to the North Carolina SIP, 
because they are consistent with the requirements set forth in the 
Clean Air Act.

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

    North Carolina amended this rule to prohibit sources located in the 
new O3 nonattainment areas that were covered by the grandfathering 
provision in the coating regulations in section 15A NCAC 2D .0900 from 
continuing to be covered by the grandfathering provision.

15A NCAC 2D .0901 Definitions

    North Carolina amended this rule to change the definition of 
``potential to emit,'' ``topcoat,'' and ``volatile organic compounds.'' 
The revisions are consistent with EPA definitions for these terms.

15A NCAC 2D .0902 Applicability

    North Carolina amended this rule to extend the RACT regulations to 
the new and expanded O3 nonattainment areas. The exemption for 
plant sites that have the potential to emit less than 100 tons per year 
is being deleted.

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

    North Carolina amended this rule to establish compliance schedules 
for sources located in the new nonattainment areas. These schedules are 
consistent with requirements for implementation in the CAA.

15A NCAC 2D .0910 Alternative Compliance Schedules

    North Carolina amended this rule to extend it to new and expanded 
O3 nonattainment areas. This rule sets forth procedures to follow 
for establishing alternative compliance with applicable rules in 
section 15A NCAC 2D .0900.

15A NCAC 2D .0911 Exception From Compliance Schedules

    North Carolina amended this rule to extend it to new and expanded 
nonattainment areas for O3. This rule exempts sources from 
compliance schedules in 15A NCAC 2D .0907 that are already in 
compliance with applicable rules in 15A NCAC 2D .0900.

15A NCAC 2D .0936 Graphic Arts

    North Carolina amended this rule to exempt facilities where the 
potential emissions of VOCs are less than 100 tons per year. The 
equivalency calculation method is also being clarified.

15A NCAC 2D .0947 Manufacture of Synthesized Pharmaceutical Products

    This is a new rule that limits emissions of VOCs from synthesized 
pharmaceutical products manufacturing facilities.It is consistent with 
EPA's CTG for Pharmaceutical facilities.

15A NCAC 2D .0948 VOC Emissions From Transfer Operations

    This is a new rule that limits the emission of VOCs from transfer 
operations not elsewhere covered in section 15A NCAC 2D .0900. These 
requirements are the same as those which currently apply to such 
operations.

15A NCAC 2D .0949 Storage of Miscellaneous Volatile Organic Compounds

    This is a new rule that limits emissions of VOCs from storage of 
VOCs not elsewhere covered in section 15A NCAC 2D .0900. These 
requirements are the same as those that currently apply to such 
operations.

15A NCAC 2D .0950 Interim Standards for Certain Source Categories

    This is a new rule covering various source categories for which 
RACT guidelines are being developed. The purpose of this rule is to 
require major sources in these categories to reduce emissions by at 
least 85 percent by weight until specific regulations are adopted for 
these source categories establishing specific RACT control 
requirements. The specific RACT requirements for these sources will be 
addressed in a separate document.
    However, North Carolina has not fully met the VOC RACT Catch-Up 
requirement by the approval of this rule. States are required to adopt 
and submit rules for each of the eleven source categories listed in the 
April 16, 1992, General Preamble (57 FR 13498), by November 15, 1994, 
even if no CTG has been issued. Since EPA has not issued those CTGs, 
the states must submit regulations requiring a RACT level of control 
for sources in those categories. North Carolina was notified of this 
requirement in a letter from EPA Region IV Air Programs Branch dated, 
September 26, 1994.

15A NCAC 2D .0951 Miscellaneous Volatile Organic Compound Emissions

    This is a new rule that establishes control requirements for 
sources of VOCs not elsewhere covered in section 15A NCAC 2D .0900 that 
use VOCs as solvents, carriers, material processing media, or 
industrial chemical reactants or in other similar uses.

15A NCAC 2D .0952 Petition for Alternative Controls

    This is a new rule that establishes procedures to follow to allow 
alternative controls to those required in section 15A NCAC 2D .0900.

Final Action

    In this document, EPA is approving the revisions to the North 
Carolina Environmental Management regulations listed above. The EPA is 
publishing this action without prior proposal because the EPA views 
this as a noncontroversial amendment and [[Page 5138]] 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 March 27, 1995 unless, by February 27, 1995, 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 March 27, 1995.
    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 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 March 27, 
1995. 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 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

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

    Dated: January 3, 1995.
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--[Amended]

    2. Section 52.1770 is amended by adding paragraph (c)(77) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (77) Revisions to the VOC RACT regulations, and other miscellaneous 
revisions to the North Carolina State Implementation Plan which were 
submitted on January 7, 1994.
    (i) Incorporation by reference.
    (A) Amendments to North Carolina regulations 15A NCAC 2D .0518, 
2D.0531, 2D.0532, 2D.0901, and 2D.0936, effective on December 1, 1993.
    (B) Amendments to North Carolina regulations 15A NCAC 2D.0902, 
2D.0907, 2D.0910, 2D.0911, 2D.0947, 2D.0948, 2D.0949, 2D.0950, 2D.0951, 
and 2D.0952 effective on July 1, 1994.
    (ii) Other material. None.
[FR Doc. 95-1934 Filed 1-25-95; 8:45 am]
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