[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Rules and Regulations]
[Pages 5689-5690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3326]



=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-049-1-7197a; FRL-5336-6]


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 May 15, 1991, 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) to EPA. These revisions include the correcting of an address; the 
limiting of emissions of particulates from fuel burning indirect heat 
exchangers; the elimination of a conflicting statement on updating 
referenced regulations; the addition of compounds whose emissions will 
not be considered in nonattainment areas; the changing of the allowable 
emission limits for several boilers; and the clarification of the 
permit requirements for replacement of existing equipment and for 
sources subject to NSPS, NESHAPS and PSD requirements.

DATES: This action is effective April 15, 1996, unless notice is 
received by March 15, 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 IV 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 ext. 4212.

SUPPLEMENTARY INFORMATION: On May 15, 1991, the Environmental 
Management Commission submitted, to EPA, several amendments concerning 
North Carolina's air quality regulations. The submitted revisions 
include the limiting of emissions of particulates from fuel burning 
indirect heat exchangers; the elimination of a conflicting statement on 
updating referenced regulations; the addition of compounds whose 
emissions will not be considered in nonattainment areas; the changing 
of the allowable emission limits for several boilers; and several 
smaller administrative changes.
    On August 23, 1991, EPA notified the State of corrections needing 
to be made prior to the approval of amendment 15A NCAC 2D .0501. 
Subsequently, North Carolina, in a December 19, 1991, letter, requested 
to have that amendment withdrawn. In a September 20, 1991, letter, 
North Carolina submitted a revised version of Rule 2D .0536 Particulate 
Emissions From Electric Utility Boilers to replace the version that was 
contained in the hearing record on this Rule. The original version 
submitted on May 15, 1991, contained changes made in the North Carolina 
Rule of which parts are not contained in the Federally approved SIP. 
The amended version is discussed later in this document. North Carolina 
also submitted, in a September 24, 1992, package, revisions to 15A NCAC 
2D .1002 Applicability. These revisions are also being addressed in 
this rulemaking.
    Revisions to rule 15A NCAC 2D .0531 Sources in Nonattainment Areas 
were addressed in the October 31, 1994 Federal Register Notice (59 FR 
54388-54389.)
    EPA is approving the following revisions to the North Carolina SIP, 
because they are consistent with the requirements set forth in the 
Clean Air Act (CAA).

15A NCAC 2D .0103  Copies of Referenced Federal Regulations

    North Carolina amended this rule to update the location at which 
referenced material is available for public inspection. 

[[Page 5690]]


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

    North Carolina amended this rule to clarify the emissions of 
particulates from fuel burning indirect heat exchangers. This revision 
in no way changes the interpretation of the previous rule.

15A NCAC 2D .0530  Prevention of Significant Deterioration

    North Carolina amended this rule to eliminate a conflicting 
statement on updating referenced federal regulations.

15A NCAC 2D .0536  Particulate Emissions From Electric Utility Boilers

    North Carolina amended this rule to change the maximum allowable 
emissions rates from electric utility boilers at several utility 
facilities.

15A NCAC 2H .0601  Purpose and Scope

    North Carolina amended this rule to clarify the types of sources 
for which construction or operating permits are required or not 
required.

15A NCAC 2H .0607  Copies of Referenced Documents

    North Carolina amended this rule to update the location at which 
referenced materials are available for public inspection.

Final Action

    EPA is approving the above referenced revision 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 15, 1996, unless, by March 15, 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 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 15, 1996.
    Under Section 307(b)(1) of the Act, 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 15, 
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. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
Reference, Intergovernmental relations, Particulate Matter, Reporting 
and recordkeeping requirements.

    Dated: November 6, 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)(78) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (78) Miscellaneous revisions to the North Carolina State 
Implementation Plan which were submitted on May 15, 1991.
    (i) Incorporation by reference. (A) Amendments to North Carolina 
regulations 15A NCAC 2D.0103, 2D.0503, 2D.0530, 2D.0536, 2H.0601, and 
2H.0607, of the North Carolina State Implementation Plan submitted on 
May 15, 1991, which were state effective on August 1, 1991.
    (ii) Other material. None
* * * * *
[FR Doc. 96-3326 Filed 2-13-96; 8:45 am]
BILLING CODE 6560-50-P