[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3589-3591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1939]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NC-73-1-7225a; NC-77-2-7726a; FRL-5337-4]


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.

-----------------------------------------------------------------------

SUMMARY: On August 15, 1994, 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 include the adoption of new 
air quality rules and amendments to existing air quality rules.
    The major rule changes include the addition of new sections for 
Vapor Return Piping for Stage II Vapor Recovery and Stage II Vapor 
Recovery. Other major revisions to the SIP include the amendments of 
regulation for Sources in Nonattainment Areas, Applicability, 
Compliance Schedules for Sources in Nonattainment Areas, Alternative 
Compliance Schedules, Exception from Compliance Schedules, Gasoline 
Service Stations Stage I, Gasoline Truck Tanks, and Vapor Collection 
Systems, Petroleum Liquid Storage in External Floating Roof Tanks, and 
Petition for Alternative Controls.

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 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 

[[Page 3590]]
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 x4212.

SUPPLEMENTARY INFORMATION: On August 15, 1994, the State of North 
Carolina, through the North Carolina Department of Environment, Health 
and Natural Resources, submitted revisions covering the adoption of new 
air quality rules, and amendments to existing air quality rules that 
were the subject of public hearings held on February 24, and 28, 1994. 
This submittal led to several EPA comments that were addressed in a 
second submittal received by EPA on May 26, 1995. The second submittal 
was the subject of a public hearing on February 1, 1995.
    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.

.0531 Sources in Nonattainment Areas

    This rule has been amended to extend its coverage to a 1992 ozone 
nonattainment area that has been redesignated attainment if a violation 
of the ambient air quality standard occurs after the redesignation to 
attainment. The coverage would be extended by the Director noticing in 
the North Carolina Register that the area is in violation of the 
ambient air quality standard for ozone.

.0902 Applicability

    This rule has been amended to extend coverage of section 15A NCAC 
2D. .0900 Volatile Organic Compounds, to a 1992 ozone nonattainment 
area that has been redesignated attainment if a violation of the 
ambient air quality standard occurs after the redesignation to 
attainment. Permitted facilities within the area of violation that are 
or may be subject to this section will also receive written 
notification.

.0907 Compliance Schedules for Source in Nonattainment Areas

    This rule has been amended to clarify its applicability.

.0909 Compliance Schedules for Sources in New Attainment Areas

    This rule has been amended to provide compliance schedules by which 
sources brought under the rules in section 15A NCAC 2D .0900, Volatile 
Organic Compounds (VOCs), because of the Director's notice in the North 
Carolina Register, can come into compliance.

.0928 Gasoline Service Stations Stage I

    This rule has been amended to clarify Stage I control requirements. 
The rule has been clarified to show that it applies to both the 
delivery vessels and the station and that the delivery vessel and vapor 
collection system at the station are to meet the pressure and vacuum 
specifications of 15A NCAC 2D .0932 Gasoline Truck Tanks and Vapor 
Collections Systems. An exemption has been added for farm tanks less 
than 2000 gallons and for tanks used exclusively to test fuel 
dispensing meters.

.0932 Gasoline Truck Tanks and Vapor Collection Systems

    This rule has been amended to clarify that annual testing of vapor 
collection systems is required only at bulk gasoline plants and bulk 
gasoline terminals.

.0933 Petroleum Liquid Storage in External Floating Roof Tanks

    This rule has been amended to exempt external floating tanks of 
welded construction equipped with a metallic type shoe primary seal and 
a shoe mounted secondary seal from the secondary seal requirement and 
not from the entire rule.

.0952 Petition for Alternative Controls

    This rule has been amended to extend it to areas that become 
subject to section 15A NCAC 2D .0900, VOCs, because of notice that the 
area is in violation of the ambient air quality standard for ozone.

.0953 Vapor Return Piping for Stage II Vapor Recovery

    This rule has been adopted to require piping for Stage II vapor 
recovery controls to be installed at new gasoline service stations and 
tanks in the 1992 ozone nonattainment areas. This rule contains the 
specifications for Stage II vapor recovery piping.

.0954 Stage II Vapor Recovery

    This rule has been adopted because it contains the specifications 
for stage II vapor recovery controls. This rule is a contingency 
measure that applies to all facilities, in areas that are or will be 
designated nonattainment for ozone, that dispense gasoline unless the 
facility has met the criteria to be exempted. The following gasoline 
dispensing facilities are exempt from this rule.
    1. Any facility which dispenses 10,000 gallons or less of gasoline 
during calendar month;
    2. Any facility which dispenses 50,000 gallons or less during 
calendar month and is an independent small business marketer of 
gasoline;
    3. Any facility which dispenses gasoline exclusively for refueling 
marine vehicles, aircraft, farm equipment, and emergency vehicles; or
    4. Any tanks used exclusively to test the fuel dispensing meters.
    In addition to the above revisions EPA is approving a revision 
applicable to the following Sections: 15A NCAC 2D .0902, .0907, .0910, 
.0911, .0952, and.0954. This revision adjusts final compliance dates, 
for VOC sources located in nonattainment areas, to allow reasonable 
time frames for implementation.

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, March 4, 1996, 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 the separate 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 

[[Page 3591]]
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. 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, Carbon Monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: November 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)(88) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (88) The VOC RACT regulations, NSR regulations, and other 
miscellaneous revisions to the North Carolina State Implementation Plan 
which were submitted on August 15, 1994. The Stage II regulations and 
other miscellaneous revisions to the North Carolina State 
Implementation Plan which were submitted on May 24, 1995.

    (i) Incorporation by reference.

    (A) Regulations 15A NCAC 2D .0531, .0909, .0928, .0932, .0933, and 
.0953 effective on July 1, 1994.

    (B) Regulations 15A NCAC 2D .0902, .0907, .0910, .0911, .0952, and 
.0954 effective on May 1, 1995.

    (ii) Other material. None.

* * * * *

[FR Doc. 96-1939 Filed 1-31-96; 8:45 am]

BILLING CODE 6560-50-P