[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Rules and Regulations]
[Pages 72190-72193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34311]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-86-01-9830a; FRL-6207-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: On October 10, 1997, the North Carolina Department of 
Environment and Natural Resources submitted revisions to the Forsyth 
County Air Quality Control Ordinance and Technical Code. These 
revisions include the updating of several regulations, deletion of 
previously referenced material, rewriting of several regulations, and 
the correction of several regulations. The purpose of these revisions 
is to make the revised regulations consistent with the North Carolina 
State Implementation Plan (SIP).

DATES: This direct final rule is effective on March 1, 1999 without 
further notice, unless EPA receives adverse comment by February 1, 
1999. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Written comments on this action should be addressed to Randy 
Terry at the Environmental Protection Agency, Region 4 Air Planning 
Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies of 
documents relative to this action are available for public inspection 
during normal business hours at the locations below. The interested 
persons wanting to examine these documents should make an appointment 
with the appropriate office at least 24 hours before the visiting day. 
Reference file NC086-01-9830. The Region 4 office may have additional 
background documents not available at the other 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 Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303.
    North Carolina Department of Environment and Natural Resources, 512 
North Salisbury Street, Raleigh, North Carolina 27604.
    Forsyth County Environmental Affairs Department, 537 North Spruce 
Street, Winston-Salem, NC 27101-1362.

FOR FURTHER INFORMATION CONTACT:
Randy Terry, Regulatory Planning Section, Air Planning Branch, Air, 
Pesticides & Toxics Management Division, Region 4 Environmental 
Protection Agency, 61 Forsyth Street, SW, Atlanta, Georgia 30303. The 
telephone number is (404) 562-9032.

SUPPLEMENTARY INFORMATION: On October 10, 1997, the State of North 
Carolina Department of Environment and Natural Resources submitted 
revisions to amend or repeal multiple sections in the Forsyth Country 
Technical Code. These amendments address Subchapters 3A-Air Quality 
Control, 3D-Air Pollution Control Requirements, and 3Q-Air Quality 
Permits. The amendments are as follows:

Subchapter 3A--Air Quality Control

.0110  CFR Dates and .0112 ASTM Dates

    These regulations were updated to reference the Federal regulations 
in effect on May 20, 1997.

Subchapter 3D--Air Pollution Control Requirements

.0512  Particulates From Wood Products Finishing Plants

    This regulation was amended to change a reference from commission 
to Director.

.0518  Miscellaneous Volatile Organic Compound Emissions

    This regulation was amended to change a rule citation within this 
rule from .0902 (d), (e) or (f) to .0902 (e), (f) or (g).
    The original rule included the following language.
    ``This paragraph shall not apply to sources subject to the 
requirements of Section .0900 of this Subchapter because of Rule .0902 
(d), (e) or (f).''
    The language in the revised rule is as follows.
    ``This paragraph shall not apply to sources subject to the 
requirements of Section .0900 of this Subchapter because of Rule .0902 
(e), (f) or (g).''

.0530  Prevention of Significant Deterioration

    This regulation was amended to incorporate the most recent version 
of 40 CFR 51.166. The rule was revised to reference the 40 CFR 51.166 
rule effective on March 15, 1996.

[[Page 72191]]

.0902  Applicability

    Paragraph (a) was rewritten to list all of the Regulations in 
Section .0900 Volatile Organic Compounds that apply in Forsyth County.
    Paragraph (b) was revised to add the title (Vapor Return Piping 
System for Vapor Recovery) of rule .0953 alongside a citation of that 
rule number.
    Paragraph (c) is a new section created and is reserved.
    The paragraph originally listed as (c) has been recodified as (d). 
This section also changes a reference from paragraph (g) of this rule 
to paragraphs (a), (b), (c), or (h).
    The original rule included the following language.

``With the exceptions stated in Paragraph (g) of this Rule''

    The revised rule includes the following language.

``With the exceptions stated in Paragraphs (a), (b), (c), or (h) of 
this Rule''

    The paragraph originally listed as (d) was deleted.
    The language originally listed as in paragraph (f) was deleted and 
new language was adopted. The new language describes the procedure the 
Director of the North Carolina Division of Air Quality must follow if a 
violation of the ambient air quality standard is measured in Forsyth 
County.
    Paragraphs (g) and (h) were recodified as paragraphs (h) and (i) 
respectively and a new paragraph (g) was created and reserved.

.0907  Compliance Schedules for Sources in Nonattainment Areas

.0910  Alternative Compliance Schedules, .0911 Exception From 
Compliance Schedules

    These regulations were repealed because they were no longer 
applicable to any areas within Forsyth County.

.0909  Compliance Schedules for Sources in New Nonattainment Areas

    This regulation was amended to change a specific rule citation from 
.0902 (d), or (e) to 0902 (e), (f) or (g) in order to remain consistent 
with the most recent revisions to rule .0902.
    Subparagraph (1) under paragraph (b) was deleted and reserved.
    Subparagraph (2) under paragraph (b) was revised to change previous 
references of rule .0946; Compliance Schedule: Gasoline Service 
Stations Stage I to now reference rules .0953; Vapor Return Piping for 
Stage II Vapor Recovery or .0954; Stage II Vapor Recovery.
    Subparagraph (3) under paragraph (b) was adopted and exempts 
sources required to comply with the requirements of Section .0900 under 
rule .0902(a).

.0954  Stage II Vapor Recovery

    This regulation was amended to change a specific rule citation from 
.0902 (d), or (e) to .0902 (e), (f) or (g) in order to remain 
consistent with the most recent revisions to rule .0902.

.1903  Permissible Open Burning

    This regulation is amended to clarify that material shall not be 
taken off-site for open burning at another location without a permit.

Subchapter 3Q--Air Quality Permits

.0102  Activities Exempt From Permit Requirements

    .0102(a)(1)(A) is being adopted and states that although 40 CFR 
Part 60 Subpart Dc, industrial, commercial, and institutional steam 
generating units may be located at a facility that is not required to 
be permitted under Subchapter 3Q .0500, the units are not exempt from 
permit requirements.
    .0102(a)(1)(B) is adopted and states that although 40 CFR Part 60 
Subpart Kb, volatile organic liquid storage vessels may be located at a 
facility that is not required to be permitted under Subchapter 3Q, 
.0500, the units are not exempt from permit requirements.
    .0102(a)(1)(C) is adopted and states that 40 CFR Part 60 Subpart 
AAA, new residential wood heaters are not exempt from permit 
requirements.
    Subparagraph (2) under paragraph (a) is revised to reflect that 
national emission standards for hazardous air pollutants have been 
moved from Subchapter .0525 to .1110.
    The language in subparagraph (5) under paragraph (a) has been 
deleted and subparagraph (5) has been reserved.

.0104  Where to Obtain and File Permit Applications

    This regulation was amended to change a rule citation from .0602 to 
.0603 to correctly refer customers to the regulation that lists the 
number of copies of applications to be filed.

.0107  Confidential Information

    This regulation was amended to make it clearer by changing wording 
but not intent.

.0307  Public Participation Procedures

    This regulation was amended to correct a clerical error and change 
a specific rules citation from .0307(b)(4) to .0037(c)(4). This change 
now correctly refers customers to the list of information that must be 
identified in the public notice.

.0312  Application Processing Schedule

    This regulation was amended to include language for renewals of 
permits. A paragraph was added that requires the Director to issue or 
deny the permit within 90 days of receipt of a complete application, or 
10 days after receipt of requested additional information, or by the 
expiration date of the permit, whichever is later.

.803  Coating, Solvent Cleaning, Graphic Arts Operations

    This regulation was amended to change all references from average 
method to total. For reporting purposes, all information on emissions 
of volatile organic compounds of hazardous air pollutants is now to be 
submitted as a twelve month rolling total. The twelve month rolling 
average method is no longer acceptable.

Final Action

    EPA is approving the aforementioned changes to the SIP because the 
Agency has determined that this action conforms with requirements of 
the Clean Air Act and EPA guidance.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However in the proposed rule section of this Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision, should relevant 
adverse comments be filed. This rule will be effective without further 
notice unless the Agency receives relevant adverse comments by February 
1, 1999.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will be addressed in a 
subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Only parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on March 1, 1999 and no further action will be 
taken on the proposed rule.

I. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review''.

[[Page 72192]]

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the governments, and a statement supporting the need to 
issue the regulation. In addition, E.O. 12875 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electronic Co., v. U.S. EPA, 427 U.S. 246, 255-66 
(1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandates that may result in 
estimated annual costs to State, local, or tribal governments in the 
aggregate; or to private sector, or $100 million or more. Under Section 
205, EPA must select the most cost-effective and least burdensome 
alternative that achieves the objectives of the rule and is consistent 
with statutory requirements. Section 203 requires EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local laws, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 1, 1999. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this Act for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and

[[Page 72193]]

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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: October 28, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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 et seq.

Subpart--II--North Carolina

    2. Section 52.1770, is amended by adding paragraph (c)(96) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (96) The miscellaneous revisions to the North Carolina State 
Implementation Plan, which were submitted on October 10, 1997.
    (i) Incorporation by reference.

Subchapter 31A--Air Quality Control

    .0110 CFR Dates and .0112 ASTM Dates effective on July 28, 1997.

Subchapter 3D--Air Pollution Control Requirements

    .0501(g); Compliance With Emission Control Standards .0512 
Particulate From Wood Products Finishing Plants, .0518(e) and (g); 
Miscellaneous Volatile Organic Compound Emissions, .0530(a), (1), (o), 
and (s); Prevention of Significant Deterioration, .0902(a) through (i); 
Applicability, .0907 Compliance Schedules for Sources in Nonattainment 
Areas, .0909(a) through (c), (g) and (h); Compliance Schedules for 
Sources in New Nonattainment Areas, .0910 Alternative Compliance 
Schedules, .0911 Exception From Compliance Schedules, .0954(a) and (f) 
Stage II Vapor Recovery, and .1903(b)(2)(E); Permissible Open Burning 
effective on July 28, 1997.

Subchapter 3Q--Air Quality Permits

    .0102(a) through (e); Activities Exempt From Permit Requirements, 
.0104(b); Where to Obtain and File Permit Applications, .0107(b); 
Confidential Information, .0307(i); Public Participation Procedures, 
.0312(a)(1)(C); Application Processing Schedule, .0603(e); 
Transportation Facility Procedures .803(f)(2) (A) through (C) Coating, 
Solvent Cleaning, and Graphic Arts Operations effective on July 28, 
1997.
    (ii) Other material. None.

[FR Doc. 98-34311 Filed 12-30-98; 8:45 am]
BILLING CODE 6560-50-M