[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3584-3586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1840]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NC-070-1-6962a; FRL-5295-9]


Approval and Promulgation of Implementation Plans; 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 August 15, 1994, the State of North Carolina, through the 
North Carolina Department of Environment, Health and Natural Resources, 
(NCDEHNR) submitted revisions to the North Carolina State 
Implementation Plan (SIP). These revisions are the adoption of new air 
quality rules, amendments to existing air quality rules and repeals of 
existing air quality rules that were the subject of public hearings 
held on March 21 and 30, 1994. These major rule changes include the 
addition of new sections 15A NCAC 2Q .0100 through .0111 General 
Provisions, 15A NCAC 2Q .0300 through .0311 (except 302) Construction 
and Operation Permits, and 15A NCAC 2Q .0600 through .0606 
Transportation Facility Procedures. Other major revisions to the SIP 
include the repealing of sections 15A NCAC 2H .0601 through .0607, 
Purpose and Scope, and .0609 Permit Fees. Additional rule changes 
include modification to existing rules to correct cross references.

EFFECTIVE DATE: This action is effective April 1, 1996 unless notice is 
received by March 4, 1996 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 4 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 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: Randy Terry, 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. The telephone number is 
404/347-3555 extension 4212.

SUPPLEMENTARY INFORMATION: On August 15, 1994, the State of North 
Carolina, through the NCDEHNR submitted revisions to the North Carolina 
SIP covering the adoption of new air quality rules, amendments to 
existing air quality rules and repeals of existing air quality rules 
that were the subject of public hearings held on March 21 and 30, 1994. 
These rules address permitting and transportation.
    EPA is approving the following new rules and revisions of existing 
rules in the North Carolina SIP. These new rules and revisions are 
consistent with the requirements of the Clean Air Act and EPA guidance. 


[[Page 3585]]


Section 15A NCAC 2Q .0100  General Provisions

    This Section contains rules that apply to the entire subchapter. It 
requires a permit to be issued before constructing, operating or 
modifying a source that emits a regulated air contaminant or before 
entering into an irrevocable contract to construct, operate, or modify 
an air cleaning device. It identifies two types of air quality permits: 
the stationary source construction and operation air permit and the 
transportation facility (parking lots, parking decks and airports) 
construction and operation air permit. It also
    1. Identifies activities exempted from air permit requirements;
    2. defines terms used in this subchapter;
    3. Provides information regarding where to obtain and file permit 
applications and where to inspect referenced documents;
    4. describes procedures to follow for requesting and declaring 
confidential treatment of information;
    5. authorizes the Director of the Division of Environmental 
Management to delegate his permit issuance authority;
    6. contains a compliance schedule for sources that have been 
previously exempted from permitting but are now required to be 
permitted;
    7. requires permits to be kept on site; and
    8. allows the owner or operator of a facility to request a 
determination whether a particular facility or source requires a 
permit.

Section 15A NCAC 2Q .0600 Transportation Facility Procedures

    This section contains permitting procedures for transportation 
sources (complex sources). These rules are, for the most part, a 
recodification of rules contained in section 15A NCAC 2D .0800 and 2H 
.0600. This section
    1. Identifies who needs a permit under this section
    2. defines terms used in this section;
    3. describes items to be submitted with the application;
    4. explains public participation procedures;
    5. describes final action that may be taken on a permit 
application; and
    6. explains when a permit may be terminated, modified, or revoked 
and reissued.
    The following rules have been amended primarily to correct cross 
references. Other changes are noted where applicable.

15A NCAC 2D .0101  Definitions

    Rule .0101 has also been amended to change the definition of ``air 
pollutant'' to one more consistent with the EPA definition

15A NCAC 2D .0501  Compliance With Emission Control Standards

    Rule .0501 has been amended to include the paragraph previously 
listed in 15A NCAC 2H .0603 that describes emissions trading 
procedures.

15A NCAC 2D .0503  Particles From Fuel Burning Indirect Heat Exchangers

15A NCAC 2D .0530  Prevention of Significant Deterioration

15A NCAC 2D .0531  Sources in Nonattainment Areas

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

15A NCAC 2D .0533  Stack Height

15A NCAC 2D .0601  Purpose and Scope

Section 15A NCAC 2D .0800 Transportation Sources

    The parts of this section that pertain to permitting procedures 
have been transferred to section 15A NCAC 2Q .0600. Other changes 
include the addition of new definitions for construction, modify (or 
modification), owner (or developer) and transportaion facility. Two new 
rules, 15A NCAC 2D .0805 Parking Facilities (explains in more detail 
the types of parking facilities required to be evaluated and permitted) 
and 15A NCAC 2D .0806 Ambient Monitoring and Modeling Analysis 
(authorizes the Director to require modeling or monitoring), have been 
added.
    EPA is approving that the following rules in the North Carolina SIP 
be repealed. These rules have been recodified into Section 15A NCAC 2Q 
.0600 Transportation Facility Procedures.

15A NCAC 2H .0601  Purpose and Scope

15A NCAC 2H .0602  Definitions

15A NCAC 2H .0603  Application

15A NCAC 2H .0604  Final Action on Permit Applications

15A NCAC 2H .0606  Delegation of Authority

15A NCAC 2H .0607  Copies of Referenced Documents

15A NCAC 2H .0609  Permit Fees

    This following sections are being addressed in separate Federal 
Register Notices.

SECTION 15A NCAC 2Q .0207  Annual Emissions Reporting

SECTION 15A NCAC 2Q .0300  Construction and Operating Permit

Final Action

    In this notice, 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 
April 1, 1996. However, if notice is received by March 4, 1996 that 
someone wishes to submit adverse or critical comments, this action will 
be withdrawn and two subsequent notices will be published before the 
effective date. One notice will withdraw the final action and another 
will begin a new rulemaking by announcing a proposal of the action and 
establishing a comment period.
    Under Section 307(b)(1) of the CAA, 42 U.S.C. Sec. 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 April 1, 
1996. 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 

[[Page 3586]]
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).

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 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain duties. To the extent that 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. EPA has also determined that 
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, Carbon Monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: August 14, 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)(84) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (84) The VOC RACT regulations, NSR regulations, and other 
miscellaneous revisions to the North Carolina State Implementation Plan 
which were submitted on August 15, 1994.
    (i) Incorporation by reference.
    (A) Addition of new North Carolina regulations 15A NCAC 2D .0805 
and .0806 and 15A NCAC 2Q .0101 through .0111, and .0601 through .0607. 
effective on July 1, 1994.
    (B) Amendments to North Carolina regulations 15A NCAC 2D .0101, 
.0501, .0503, .0530, .0531, .0532, .0533, .0601, .0801, .0802, .0803, 
and .0804 effective on July 1, 1994.
    (ii) Other material. None.
* * * * *
[FR Doc. 96-1840 Filed 1-31-96; 8:45 am]
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