[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25789-25791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12890]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-80-1-9619a & 81-1-9620a; FRL-5505-4 ]


Approval and Promulgation of Implementation Plans North Carolina: 
Approval of Revisions to the Forsyth County Local Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 29, 1995, the Forsyth County Board of 
Commissioners, through the North Carolina Department of Environment, 
Health and Natural Resources, submitted revisions to the Forsyth County 
Local Implementation Plan (LIP). These revisions include the adoption 
of new air quality rules and amendments to existing air quality rules 
that were the subject of public hearings held on May 16, 1995. A second 
submittal concerning these revisions was forwarded to EPA on December 
28, 1995. This second submittal was the subject of a public hearing on 
September 26, 1995.
    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 July 22, 1996 unless notice is received 
by June 24, 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 ex 4212.

SUPPLEMENTARY INFORMATION: On November 29, and December 28, 1995, the 
Forsyth County Board of Commissioners, through the North Carolina 
Department of Environment, Health and Natural Resources, submitted 
revisions to the Forsyth County Local Implementation Plan (LIP). These 
revisions were approved into the North Carolina State Implementation 
Plan (SIP) in a previous document (61 FR 3588) and have been adopted by 
the Forsyth County Board of Commissioners. These revisions affect 
several sections in the ozone regulations. EPA is approving the 
revisions to sections Subchapter 3D .0104 Incorporation by Reference, 
.0501 Compliance With Emission Control Standards, .0516 Sulfur Dioxide 
Emissions From Combustion Sources, .0518 Miscellaneous Volatile Organic 
Compound Emissions, .0530 Prevention of Significant Deterioration, 
.0531 Sources in Nonattainment Areas, .0902 Applicability, .0907 
Compliance Schedules for Sources in Nonattainment Areas, .0909 
Compliance Schedules for Sources in New Nonattainment Areas, .0910 
Alternative Compliance Schedules, .0911 Exception from Compliance 
Schedules, .0950 Interim Standards for Certain Source Categories, .0952 
Petition for Alternative Controls, .0954 Stage II Vapor Recovery, .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.
    EPA is approving the following new rules and revisions of existing 
rules in the Forsyth County LIP. These new rules and revisions are 
consistent with the requirements of the Clean Air Act and EPA guidance.

.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.

.0501 Compliance With Emission Control Standards

    This rule was amended to clarify the appropriate compliance 
methodology.

.0516 Sulfur Dioxide Emissions From Combustion Sources

    This rule was amended to include an additional reference rule 
number.

.0518  Miscellaneous Volatile Organic Compounds Emissions

    This rule was amended to clarify that diacetone alcohol and 
perchloroethylene are not considered to be photochemically reactive and 
to delete a repeated phrase.

.0530  Prevention of Significant Deterioration

    This rule was amended to update the latest date of amendment of the 
CFR references.

.0531  Sources in Nonattainment Areas

    This rule has been amended to add paragraph (k), which requires 
using the UAM model, by new or major modifications, at sources to 
predict effect on the ozone level and attainment status.

.0902  Applicability

    Forsyth County did not adopt paragraph (e), which pertains to other 
counties in North Carolina, of the State rule because those areas are 
not in Forsyth County's jurisdiction.

.0909  Compliance Schedules for Sources in New Attainment Areas

    This rule has been amended to correctly identify the appropriate 
paragraph references.

.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

[[Page 25790]]

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 SUBCHAPTER 3D .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.
    In addition to the above revisions EPA is approving a revision 
applicable to the following Sections: Subchapter 3D .0907, .0910, 
.0911, .0952, and .0954. This revision is an adjustment of the final 
compliance dates for VOC's from May 15, 1995 to May 15, 1997.
    The submitted revisions also included amendments to Subchapter 3D 
.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 documents.

Final Action

    In this document, EPA is approving the revisions to the Forsyth 
County 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 July 22, 1996. However, 
if notice is received by June 24, 1996 that someone wishes to submit 
adverse or critical comments, this action will be withdrawn and two 
subsequent documents will be published before the effective date. One 
document 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. 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 July 22, 
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).

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

    Air pollution control, Carbon Monoxide, Hydrocarbons, Incorporation 
by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and Recordkeeping requirements, Sulfur oxides.

    Dated: March 21, 1996.
Phyllis P. Harris,
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)(90) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (90) The VOC regulations and other miscellaneous revisions to the 
Forsyth County Local Implementation Plan which were submitted on 
December 28, 1995, and November 29, 1995.
    (i) Incorporation by reference.

[[Page 25791]]

    (A) Amendments to Forsyth County regulations Subchapter 3D 
.0104(a), .0531 (e)-(k), .0902 (a)-(h), .0907 (a)-(c), .0909 (a, c, d, 
e, and g), .0910 (a)-(d), .0911, .0950 (a and b), .0952 (a)-(c) and 
.0954 (f, h, k) adopted into the Air Quality Control Technical Code on 
November 13, 1995.
    (B) Amendments to Forsyth County regulations Subchapter 3D .0501 
(a)-(h), .0516 (a and b), .0518 (a)-(g), and .0530 (a)-(s), adopted 
into the Air Quality Control Technical Code on August 14, 1995.
    (C) Subchapter 3D .0955, .0956, and .0957 adopted into the Air 
Quality Control Technical Code on August 14, 1995.
    (ii) Other material. None.

[FR Doc. 96-12890 Filed 5-22-96; 8:45 am]
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