[Federal Register Volume 60, Number 192 (Wednesday, October 4, 1995)]
[Rules and Regulations]
[Pages 51923-51925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23819]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-076-1-7141a; FRL-5291-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On March 23, 1995, 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). EPA is approving these revisions to rules 15A NCAC 2D .0501 
Compliance With Emission Control Standards, .0516 Sulfur Dioxide 
Emissions From Combustion Sources, and .0530 Prevention Of Significant 
Deterioration. The intended effect of this revision is to clarify 
certain provisions and ensure consistency with requirements of the 
Clean Air Act.

DATES: This final rule is effective December 4, 1995 unless notice is 
received by November 3, 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: Scott M. Martin, 
Regulatory Planning and Development Section, Air Programs Branch, Air, 
Pesticides & Toxics Management Division, Region 4 Environmental 
Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365.
    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), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.
    Environmental Protection Agency, Region 4 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: Scott M. Martin, Regulatory Planning 

[[Page 51924]]
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region 4 Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is 
404/347-3555 extension 4216.
SUPPLEMENTARY INFORMATION: On March 23, 1995, the State of North 
Carolina, through the North Carolina Department of Environment, Health 
and Natural Resources, submitted revisions covering the adoption of 
amendments to rules 15A NCAC 2D .0501 Compliance With Emission Control 
Standards, .0516 Sulfur Dioxide Emissions From Combustion Sources, and 
.0530 Prevention Of Significant Deterioration.
    Rule .0501 was amended to include a description of the sulfur 
dioxide stack testing compliance methods and to update referenced 
American Society for Testing and Materials (ASTM) methods. Rule .0516 
was amended to clarify that the general sulfur dioxide emissions 
standard does not apply to spodumene ore roasting. Requirements for 
spodumene ore roasting are established in Rule .0527. Rule .0530 was 
amended to establish an increment level for PM-10, as required in 40 
CFR 51.166, to replace the increment level for total suspended 
particulate. EPA is approving the amendments of rules 15A NCAC 2D 
.0501, .0516, and .0530 because these revisions are consistent with the 
requirements of the Clean Air Act and EPA guidance.

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 December 4, 1995 unless, by November 3, 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 December 4, 1995.
    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 4, 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 Office of Management and Budget 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. 
USEPA, 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2) and 7410 
(k)(3).

Unfunded Mandates

    Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act 
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, 
EPA must undertake various actions in association with proposed or 
final rules that include a Federal mandate that may result in estimated 
costs of $100 million or more to the private sector, or to State, 
local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 110 of the CAA. 
These rules may bind State, local and tribal governments to perform 
certain duties. EPA has examined whether the rules being approved by 
this action will impose any mandate upon the State, local or tribal 
governments either as the owner or operator of a source or as a 
regulator, or would impose any mandate upon the private sector. EPA's 
action will impose no new requirements; such sources are already 
subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. Therefore, this final action 
does not include a mandate that may result in estimated costs of $100 
million or more to State, local, or tribal governments in the aggregate 
or to the private sector.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.
    Dated: August 25, 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--North Carolina

    2. Section 52.1770 is amended by adding paragraph (c)(86) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (86) The PM-10 rules, Stack Testing Methods and other miscellaneous 


[[Page 51925]]
revisions to the North Carolina State Implementation Plan which were 
submitted on March 23, 1995.
    (i) Incorporation by reference. Addition of new North Carolina 
rules 15A NCAC 2D .0501, .0516, and .0530 which were state effective on 
February 1, 1995.
    (ii) Other material. None.
[FR Doc. 95-23819 Filed 10-3-95; 8:45 am]
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