[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Rules and Regulations]
[Pages 46020-46021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20596]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-071-1-6960a; FRL-5269-5]
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.
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SUMMARY: On October 14, 1994, the State of North Carolina, through the
North Carolina Department of Environment, Health and Natural Resources,
submitted a revision to the North Carolina State Implementation Plan
(SIP). This revision is the adoption of an amendment to rule 15A NCAC
2D .0518 Miscellaneous Volatile Organic Compounds Emissions. This
amendment was included to define that diacetone alcohol is considered
to be a nonphotochemically reactive solvent. This rule is applicable to
all sources of VOC emissions for which no other VOC emission standards
are applicable.
DATES: This final rule is effective November 6, 1995 unless notice is
received by October 5, 1995 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 extension 4212.
SUPPLEMENTARY INFORMATION: On October 14, 1994, the State of North
Carolina, through the North Carolina Department of Environment, Health
and Natural Resources, submitted a revision covering the adoption of an
amendment to rule 15A NCAC 2D .0518 Miscellaneous Volatile Organic
Compound Emissions. This amendment was included to define that
diacetone alcohol is considered to be a nonphotochemically reactive
solvent. This rule is applicable to all sources of VOC emissions for
which no other VOC emission standards are applicable. This revision was
the subject of public hearings held on March 28 and 30, 1994. EPA is
approving the amendment of rule 15A NCAC 2D .0518 because this revision
is consistent with the requirements of the Clean Air Act and EPA
guidance.
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 November 6, 1995 unless, by October 5, 1995 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 November 6, 1995.
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 November 6, 1995.
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)).
The OMB has exempted these actions from review under Executive
Order 12866.
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
[[Page 46021]]
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) and 7410 (k)(3).
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 or 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, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
Recordkeeping requirements, Sulfur oxides.
Dated: July 25, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart II
2. Section 52.1770, is amended by adding paragraph (c)(81) to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(81) The VOC revision to the North Carolina State Implementation
Plan which were submitted on October 14, 1994.
(i) Incorporation by reference. Addition of new North Carolina
regulations 15A NCAC 2D .0518 which was state effective on September 1,
1994.
(ii) Other material. None.
* * * * *
[FR Doc. 95-20596 Filed 9-1-95; 8:45 am]
BILLING CODE 6050-50-P
