[Federal Register Volume 65, Number 33 (Thursday, February 17, 2000)]
[Rules and Regulations]
[Pages 8053-8057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3359]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-84-9936(a), NC-88-9937(a); FRL-6520-4]


Approval and Promulgation of Air Quality Implementation Plans; 
North Carolina; Miscellaneous Revisions to the Forsyth County Local 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On January 17, 1997, and November 6, 1998, on behalf of the 
Forsyth County Environmental Affairs Department, the North Carolina 
Division of Air Quality submitted miscellaneous revisions to the 
Forsyth County Local Implementation Plan (LIP). These revisions adopt 
federally approved regulations, previously adopted into the North 
Carolina State Implementation Plan, into the LIP. These revisions 
include but are not limited to the adoption of Exclusionary Rules and 
the amending of multiple Volatile Organic Compounds (VOC) rules. EPA is

[[Page 8054]]

approving these revisions because they are consistent with the 
requirements set forth in the Clean Air Act as amended in 1990.

DATES: This direct final rule is effective April 17, 2000 without 
further notice, unless EPA receives adverse comment by March 20, 2000. 
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: 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.
    SIP materials which are incorporated by reference into 40 CFR part 
52 are available for inspection at the following locations:

North Carolina Department of Environment and Natural Resources, 2728 
Capitol Boulevard, Raleigh, North Carolina 27604;
Forsyth County Environmental Affairs Department, 537 North Spruce 
Street, Winston Salem, North Carolina 27171-1362;
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, 
Atlanta, GA 30303;
Office of Air and Radiation, Docket and Information Center (Air 
Docket), EPA, 401 M Street, SW, Room M1500, Washington, DC 20460; and
Office of the Federal Register, 800 North Capitol Street, NW, Suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Randy Terry at the above Region 4 
address or at 404-562-9032.

SUPPLEMENTARY INFORMATION: On January 17, 1997, and November 6, 1998, 
on behalf of the Forsyth County Environmental Affairs Department, the 
North Carolina Division of Air Quality submitted miscellaneous 
revisions to the Forsyth County Local Implementation Plan (LIP). A 
brief description of each major revision follows:

Subchapter 3D--Air Pollution Control Requirements

3D.0104  Incorporation by Reference

    This rule was amended to adopt by reference all references to 
American Society for Testing and Materials methods (ASTM).

3D.0506, Hot Mix Asphalt Plants, 3D.0507, Particulates From Chemical 
Fertilizer Manufacturing Plants, 3D.0508, Particulates From Pulp and 
Paper Mills, 3D.0509, Particulates From Mica or Feldspar Plants. 
3D.515, Particulates From Miscellaneous Industrial Processes

    The tables in these sections which list both the process rate in 
tons per hour and the maximum allowable emission rate in lbs per hour 
were deleted and replaced by equations which were added to be used to 
calculate all emission limits for the particulates.
3D.0510, Particulates From Sand, Gravel, or Crushed Stone Operations 
and 3D.0511, Particulates From Lightweight Aggregate Processes
    These rules were amended to include language ensuring the control 
of process-generated emissions from crushers with wet suppression and 
from conveyers, screens and transfer points.

3D.0521, Control of Visible Emissions

    This rule was amended to define the six minute averaging period 
used to determine exceedences of the visible emission limits and to 
delete the grandfathered source exemption.

3D.0531, Sources in Nonattainment Areas

    This rule was amended to adopt paragraph (k). Paragraph (k) 
requires new sources and sources undergoing major modifications to use 
the urban airshed model (UAM) to predict the effect on the ozone level 
and attainment status.

3D.0535, Excess Emissions Reporting and Malfunctions

    This rule was modified to include language that requires a 
malfunction abatement plan for all electric utility boilers and gives 
the Director discretion to require a malfunction abatement plan for any 
other source. This rule was also amended to change the reporting time 
period of a malfunction from 24 hours after the occurrence to no later 
than 9 am Eastern time of the department's next business day.

3D.0907, Compliance Schedules for Sources in Nonattainment Areas; 
3D.0910, Alternative Compliance Schedules; 3D.0911 Exception From 
Compliance Schedules; 3D.0952, Petition for Alternative Controls; 
3D.0954 Stage II Vapor Recovery

    These rules were amended to extend the compliance dates.

3D.0909, Compliance Schedules for Sources in New Nonattainment Areas

    This rule was amended to correct paragraph references that have 
changed.

3D.0914  Determination of VOC Emission Control System Efficiency This 
rule was amended to clarify that the capture efficiency of VOC emission 
control systems shall be determined using the EPA recommended capture 
efficiency protocols and test methods as described in the EPA document, 
EMTIC GD-035, ``Guidelines for Determining Capture Efficiency.''

3D.0927  Bulk Gasoline Terminals

    This rule was amended to add the definition of ``contact deck'' and 
to delete language that allows a bulk gasoline terminal to install a 
vapor control system that prevents the emissions of VOC's from 
exceeding 80 milligrams per liter. The revised regulation requires all 
vapor control systems to limit the emissions of VOC's to 35 milligrams 
per liter.

3D.0938  Perchloroethylene Dry Cleaning System

    This rule was repealed because perchloroethylene was removed from 
the list as a VOC.

3D.0950  Interim Standards for Certain Source Categories

    This rule was amended to delete applicability of this rule to 
textile coating, bakeries, and Christmas ornament manufacturing because 
they are now covered by separate rules under 3D.0955, .0956, and .0957, 
respectively. A sentence has also been added to paragraph (b) which 
states that ``Diacetone alcohol and perchloroethylene are not 
considered photochemically reactive under this rule.''

3D.0953  Vapor Return Piping for Stage II Vapor Recovery

    This rule has been simplified to require vapor return piping to 
have a diameter of at least two inches for six or fewer nozzles and at 
least three inches for more than six nozzles.

3Q.0101  Required Air Quality Permits, 3Q.0102  Activities Exempted 
From Permit Requirements, and 3Q.0301 Applicability

    These rules were amended to update references from rule 3Q .0610 to 
3Q .0700.

3Q.0207  Annual Emissions Reporting

    This rule was amended to add title V minor facilities to the 
sources required to report actual emissions by June 30 of each year for 
the previous calender year.

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3Q.0312  Application Processing Schedule, and 3Q.0607 Application 
Processing Schedule

    These rules were amended to modify the schedules for processing 
applications for permits, modifications and renewals.

3Q Section .0800  Exclusionary Rules

    This section was adopted to define categories of facilities that 
are exempted from needing a permit under section .0500, title V 
Procedures, of this Subchapter by redefining their potential emissions. 
This section effectively reduces the number of synthetic minors. The 
following topics are covered in the new rules:

.0801  Purpose and Scope
.0802  Gasoline Service Stations and Dispensing Facilities
.0803  Coating, Solvent Cleaning, Graphic Arts Operations
.0804  Dry Cleaning Facilities
.0805  Grain Elevators
.0806  Cotton Gins
.0807  Emergency Generators

    Additional revisions to rules within Section 3Q.0800 are described 
below.

3Q.0805  Grain Elevators

    This rule was amended to raise the exemption limits for shipping or 
receiving grain from 21,000 to 588,000 tons per year.

3Q.0806  Cotton Gin

    This rule was amended to exempt any cotton gin that gins less than 
167,000 bales of cotton per year.

3Q.0807  Emergency Generators

    This rule was amended to add facilities that use associated fuel 
storage tanks to the list of sources that require a permit.

Final Action

    EPA is approving the aforementioned changes to the State 
Implementation Plan (SIP) because they are consistent with the Clean 
Air Act and EPA requirements. These requirements can be found in the 
January 20, 1994, memo by John R. O'Conner. EPA feels that approving 
this source specific SIP revision will create no adverse effects in the 
surrounding attainment area.
    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 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 
relevant adverse comments be filed. This rule will be effective April 
17, 2000 without further notice unless the Agency receives relevant 
adverse comments by March 20, 2000.
    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 then 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. Any 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 April 17, 2000 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 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Orders on Federalism

Executive Order 13132
    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the 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.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This final rule will not have substantial direct effects on the 
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 13132. 
Thus, the requirements of section 6 of the Executive Order 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 
Executive Order 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 Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under Executive Order 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

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communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of Executive Order 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. A major rule cannot 
take effect until 60 days after it is published 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 April 17, 2000. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: December 3, 1999.
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 52.1783, is amended by adding paragraph (c)(97) to read 
as follows:


Sec. 52.1783  Identification of plan.

* * * * *
    (c) * * *
    (97) The miscellaneous revisions to the Forsyth County Local 
Implementation Plan, which were submitted on January 17, 1997 and 
November 6, 1998.
    (i) Incorporation by reference.
    (A) 3D .0104 Incorporation By Reference 3D .0531; Sources In 
Nonattainment Areas; 3D .0907, Compliance Schedules for Sources in 
Nonattainment Areas; 3D .0909, Compliance Schedules for Sources in New 
Nonattainment Areas; 3D .0910 Alternative Compliance Schedules; 3D 
.0911 Exception From Compliance Schedules; 3D .0950 Interim Standards 
for Certain Source Categories; 3D .0952 Petition For Alternative 
Controls; 3D .0954 Stage II Vapor Recovery and 3Q Section .0800 
Exclusionary Rules effective on November 13, 1995.
    (B) 3A .0106 Penalties for Violation of Chapter; 3A .0110 CFR 
Dates; and 3A .0112 ASTM Dates; 3D.0101 Definitions; 3D .0506, 
Particulates from Hot Mix Asphalt Plants; 3D .0507, Particulates From 
Chemical Fertilizer Manufacturing Plants; 3D .0508 Particulates From 
Pulp and Paper Mills; 3D .0509 Particulates From Mica or Feldspar 
Processing Plants; 3D .0510 Particulates from Sand, Gravel, or Crushed 
Stone Operations and 3D .0511 Particulates from Lightweight Aggregate 
Processes 3D .0515 Particulates From Miscellaneous Industrial 
Processes; 3D .0521, Control of Visible Emissions; 3D .0535, Excess

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Emissions Reporting and Malfunctions; 3D .0914 Determination of VOC 
Emission Control System Efficiency; 3D .0927 Bulk Gasoline Terminals; 
3D .0938 Perchloroethylene Dry Cleaning System (Repealed); 3D .0953 
Vapor Return Piping for Stage II Vapor Recovery 3Q .0101 Required Air 
Quality Permits; 3Q .0102 Activities Exempted From Permit Requirements; 
3Q . 0103 Definitions; 3Q .0207 Annual Emissions Reporting; 3Q .0301 
Applicability; 3Q .0302 Facilities not Likely to Contravene 
Demonstration; 3Q .0306 Permits Requiring Public Participation; 3Q 
.0312 Application Processing Schedule; 3Q .0607 Application Processing 
Schedule; 3Q .0805 Grain Elevators; 3Q .0806 Cotton Gin; and 3Q .0807 
Emergency Generators effective on September 14, 1998.
    (ii) Other material. None.

[FR Doc. 00-3359 Filed 2-16-00; 8:45 am]
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