[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3586-3588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1924]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NC-075-1-7221a; FRL-5317-5]


Approval and Promulgation of Implementation Plans; North 
Carolina: Approval of Revisions to the Forsyth County Air Quality 
Control Ordinance and Technical Code

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On March 7, 1995, the Forsyth County Environmental Affairs 
Department, through the North Carolina Department of Environment, 
Health and Natural Resources, submitted recodifications to the Forsyth 
County Air Quality Control Ordinance and Technical Code. These 
recodifications make the Forsyth County Air Quality Control Ordinance 
and Technical Code more directly comparable to the North Carolina Air 
Quality Regulations.

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: 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 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 
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 7, 1995, the Forsyth County 
Environmental Affairs Department, through the North Carolina Department 
of Environment, Health and Natural Resources, submitted recodifications 
to the Forsyth County Air Quality Control Ordinance and Technical Code. 
These recodifications make the Forsyth County Air Quality Control 
Ordinance and Technical Code more directly comparable to the North 
Carolina Air Quality Regulations. EPA has not reviewed the substance of 
these regulations at this time. These rules were approved into the 
State implementation plan in previous rulemakings. The EPA is now 
merely approving the renumbering system, as well as any new language, 
submitted by the Forsyth County Environmental 

[[Page 3587]]
Affairs Department. The EPA's approval of the renumbering system and 
new language, at this time, does not imply any position with respect to 
the approvability of the substantive rules. To the extent EPA has 
issued any SIP calls to the State with respect to the adequacy of any 
of the rules subject to this recodification, EPA will continue to 
require the Forsyth County Environmental Affairs Department to correct 
any such rule deficiencies despite EPA's approval of this 
recodification.

Final Action

    EPA is approving the above referenced revisions to the Forsyth 
County Air Quality Control Ordinance and Technical Code. 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 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 
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)).
    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 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 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

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

    Dated: October 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--North Carolina

    2. Section 52.1770, is amended by adding paragraph (c)(87) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (87) Recodifications to the Forsyth County Air Quality Control 
Ordinance and Technical Code and other miscellaneous revisions to the 
North Carolina State Implementation Plan which were submitted on March 
7, 1995.
    (i) Incorporation by reference.
    Forsyth County Air Quality Control Ordinance and Technical Code 
effective on December 19, 1994. Subchapter 3A, Air Quality Control; 
Subchapter 3B, Relationship to State Code; Subchapter 3D, Air Pollution 
Control Requirements; Subchapter 3H, Section .0600 Air 

[[Page 3588]]
Quality Permits; and Subchapter 3Q, Air Quality Permits.
    (ii) Other material. None.

[FR Doc. 96-1924 Filed 1-31-96; 8:45 am]
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