[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3588-3589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1841]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NC-77-1-7728a & NC-74-1-7727a; FRL-5325-3]


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 March 3, 1995, and May 24, 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). These revisions adopt three source-specific 
volatile organic compound rules; Thread Bonding Manufacturing, Glass 
Christmas Ornament Manufacturing, Commercial Bakeries, delete textile 
coating, Christmas ornament manufacturing, and bakeries from the list 
of sources that must follow interim standards, define di-acetone 
alcohol as a non-photochemically reactive solvent, and place statutory 
requirements for adoption by reference for referenced ASTM methods into 
a single rule rather than each individual rule that references ASTM 
methods.

DATES: 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 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: 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 May 24, 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). These revisions affect several sections in 
the ozone regulations. EPA is approving the revisions to sections 15A 
NCAC 2D .0104 Incorporation by Reference, .0950 Interim Standards for 
Certain Source Categories, .0955 Thread Bonding Manufacturing, .0956 
Glass Christmas Ornament Manufacturing, and .0957 Commercial Bakeries, 
because these revisions are consistent with the requirements of the 
Clean Air Act and EPA guidance.

15A NCAC 2D .0104, Incorporation by Reference

    These amendments involve the placement of statutory requirements 
for adoption by reference for referenced American Society for Testing 
and Materials methods (ASTM) into a single rule rather than each 
individual rule that references ASTM methods.

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

    This section, is being revised to delete textile coating, bakeries 
and Christmas ornament manufacturing from the list of sources that are 
required to follow the interim standards. The sources removed have had 
permanent rules adopted and are now subject to those requirements. The 
final revision in this section adds a sentence that defines di-acetone 
alcohol and perchloroethylene as a non-photochemically reactive solvent 
for these interim standards.
    The permanent rules adopted were 15A NCAC 2D .0955  THREAD BONDING 
MANUFACTURING, .0956  GLASS CHRISTMAS ORNAMENT MANUFACTURING, and .0957  
COMMERCIAL BAKERIES. These sections adopted rules to reduce the 
emission level by requiring at least a 95% reduction by weight and/or 
by installing a thermal incinerator with a temperature of at least 1600 
F and a residence time of at least 0.75 seconds.
    The submitted revisions also included amendments to 15A NCAC 2D 
.0902 Applicability; .0907 Compliance Schedules For Sources In 
Nonattainment Areas; .0910 Alternative Compliance Schedules; .0911 
Exception From Compliance Schedules; .0952 Petition For Alternative 
Controls; .0954 Stage II Vapor Recovery; .1401-.1415; Reasonably 
Available Control Technology for Sources of Nitrogen Oxides (Nox 
RACT); .1501-.1504 Transportation Conformity; and .1601-.1603; General 
Conformity. These revisions are being addressed in separate Federal 
Register Notices.

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 April 1, 1996 unless, within 30 days of its publication, 
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 April 1, 1996.
    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 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 

[[Page 3589]]
enforce its requirements. (See Section 307(b)(2) of the Act, 42 U.S.C. 
7607 (b)(2)).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    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 section 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) 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 
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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: October 20, 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)(85) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (85) The VOC revisions to the North Carolina State Implementation 
Plan which were submitted on March 3, 1995, and on May 24, 1995.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2D .0955, .0956, and .0957 effective on 
April 1, 1995.
    (B) Regulations 15A NCAC 2D .0950, and .0104 effective on May 1, 
1995.
    (ii) Other material. None.
* * * * *
[FR Doc. 96-1841 Filed 1-31-96; 8:45 am]
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