[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Rules and Regulations]
[Pages 55831-55834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26193]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-083-1-9938a; FRL-6453-8]


Approval and Promulgation of Implementation Plans: Approval of 
Revisions to the North Carolina State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On March 19, 1997, the State of North Carolina, through the 
North Carolina Department of Environment and Natural Resources (NCDENR) 
submitted revisions to the North Carolina State Implementation Plan 
(SIP). Rules 15A NCAC 2D .0530 and 2Q .0104 and .0107 are revised to 
amend cross-references and incorporate the latest edition of the Code 
of Federal Regulations for Prevention of Significant Deterioration 
(PSD). Rules 15A NCAC 2D .0518, .0902, .0909, and .0954 are revised to 
change the mechanism and procedures for activating the Reasonably 
Available Control Technology (RACT) rules for volatile organic 
compounds (VOCs) and nitrogen oxides (NOx) in the Raleigh/Durham and 
Greensboro/Winston-Salem/High Point ozone maintenance areas. Rules 15A 
NCAC 2D .0907, .0910, and .0911 are being

[[Page 55832]]

repealed to remove unnecessary or elapsed compliance schedules.

DATES: This direct final rule is effective December 14, 1999, without 
further notice, unless EPA receives adverse comment by November 15, 
1999. If adverse comment is 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: All comments should be addressed to: Gregory Crawford at the 
U.S. Environmental Protection Agency, Region 4 Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303.
    Copies of the state submittal(s) are available at the following 
addresses for inspection during normal business hours:

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 30303-8960.
North Carolina Department of Environment and Natural Resources, 
Division of Air Quality, 1641 Mail Service Center, Raleigh, North 
Carolina 27699.

FOR FURTHER INFORMATION CONTACT: Gregory Crawford, Regulatory Planning 
Section, Air Planning Branch, Air Pesticides and Toxics Management 
Division at 404/562-9046.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 19, 1997, the State of North Carolina Department of 
Environment and Natural Resources submitted revisions to amend or 
repeal multiple sections in the North Carolina Administrative Code. 
These amendments addresses Subchapters 2D-Air Pollution Control 
Requirements and 2Q-Air Quality Permits Requirements. Detailed 
descriptions of the amendments are listed under ``Analysis of the 
State's Submittal.''

II. Analysis of State's Submittal

15 A NCAC 2D .0530, Prevention of Significant Deterioration

    This regulation was amended to incorporate the latest edition of 
the Code of Federal Regulations concerning the PSD program. The general 
statues for this regulation have been amended to remove the automatic 
default issuance language when the Division of Air Quality (DAQ) fails 
to act on the permit application in a timely manner (90 days).

15A NCAC 2Q. 0104, Where To Obtain and File Permit Application

    This regulation was amended to remove a cross-reference to a 
repealed rule.

15A NCAC 2Q. 0107, Confidential Information

    This regulation was amended to correct a cross-reference to the 
general statute that establishes the requirements for information to be 
treated as confidential by the DAQ.

15A NCAC 2D. 0518, Miscellaneous Volatile Organic Compound Emissions

    This regulation was amended to correct a cross-reference.

15A NCAC 2D .0902 (c-i), Applicability

    This regulation was amended to correct a cross reference and change 
the mechanism and procedures for activating the RACT for VOCs and NOx 
in the Raleigh/Durham and Greensboro/Winston-Salem/High Point areas. 
The amendment also deletes the unnecessary or elapsed compliance 
schedules for the areas.

15A NCAC 2D .0909, Compliance Schedules for Sources in New 
Nonattainment Areas

    This regulation was amended to correct a cross-reference and to 
amend the applicability language.

15A NCAC 2D. 0954, Stage II Vapor Recovery

    This regulation was amended to correct cross-references in the 
section.

15A NCAC 2D. 0907, Compliance Schedules for Sources in Nonattainment 
Areas, 0910, Alternative Compliance Schedules, and .0911, Exception 
From Compliance Schedules

    These regulations are being repealed. The schedules in these rules 
are obsolete.

III. Final Action

    EPA is approving the aforementioned changes to the SIP because they 
are consistent with the Clean Air Act and EPA requirements.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective December 14, 
1999, without further notice unless the Agency receives adverse 
comments by November 15, 1999.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on December 14, 1999, and 
no further action will be taken on the proposed rule.

IV. 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.''

B. Executive Orders on Federalism

    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 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.
    On August 4, 1999, President Clinton issued a new executive order 
on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999),) 
which will take effect on November 2, 1999. In the interim, the current 
Executive Order

[[Page 55833]]

12612, (52 FR 41685 (October 30, 1987),) on federalism still applies. 
This rule will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 12612. The rule affects 
only one State and does not alter the relationship or the distribution 
of power and responsibilities established in the Clean Air Act.

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, E.O. 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. 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 Electric 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 mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $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 law, 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. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. 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 December 14, 1999. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the 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).)

[[Page 55834]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.

    Dated: September 23, 1999.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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(c) is amended by revising the entries for 
Sections .0518, .0530, .0902, .0907, .0909, .0910, .0911, .0954, and 
.0107 and by adding section .0104 to read as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                                       EPA Approved Regulations for North Carolina
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                                                                                               EPA approval
              State citation                         Title/subject             Adoption date       date                       Explanation
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Subchapter 2D............................                                        Air Pollution Control Requirements
 
                   *                  *                  *                  *                  *                  *                  *
Section .0518............................  Miscellaneous Volatile Organic           11/21/96        10/15/99  ..........................................
                                            Compound Emissions.
                   *                  *                  *                  *                  *                  *                  *
Section .0530............................  Prevention of Significant                11/21/96        10/15/99  ..........................................
                                            Deterioration.
                   *                  *                  *                  *                  *                  *                  *
Section .0902............................  Applicability....................        11/21/96        10/15/99  ..........................................
                   *                  *                  *                  *                  *                  *                  *
Section .0907............................  Compliance Schedules for Sources         11/21/96        10/15/99                  [Repealed]
                                            in Nonattainment Areas.
                   *                  *                  *                  *                  *                  *                  *
Section .0909............................  Compliance Schedules for Sources         11/21/96        10/15/99  ..........................................
                                            in New Nonattainment Areas.
Section .0910............................  Alternate Compliance Schedules...        11/21/96        10/15/99                  [Repealed]
Section .0911............................  Exceptions for Compliance                11/21/96        10/15/99                   [Repealed
                                            Schedules.
                   *                  *                  *                  *                  *                  *                  *
Section .0954............................  Stage II Vapor Recovery..........        11/21/96        10/15/99
                   *                  *                  *                  *                  *                  *                  *
Subchapter 2Q............................                                         Air Quality Permits Requirements
 
Section .0104............................  Where to Obtain and File Permit          11/21/96        10/15/99  ..........................................
                                            Applications.
Section .0107............................  Confidential Information.........        11/21/96        10/15/99  ..........................................
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[FR Doc. 99-26193 Filed 10-14-99; 8:45 am]
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