[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25679]
[[Page Unknown]]
[Federal Register: October 18, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-44-1-6641a; FRL-5081-7]
Approval and Promulgation of Sulfur Dioxide State Implementation
Plan, North Carolina: Approval of Texasgulf, Incorporated, Air Permit
No. 2331R10
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On October 13, 1989, the State of North Carolina issued to
Texasgulf, Incorporated (TG), located in Aurora, Beaufort County, North
Carolina, air permit number 2331R10, which set the sulfur dioxide
emission limit at 2.3 pounds per million British Thermal Units (BTU).
The State then submitted this permit to EPA on November 2, 1989, for
approval as a revision to the State implementation plan (SIP). Upon
review of the permit, EPA finds that the designated limit for Texasgulf
is adequate to protect the ambient standard and approves this permit.
DATES: This final rule will be effective December 19, 1994 unless
notice is received by November 17, 1994 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 on this action should be addressed to Mr.
Randy Terry at the EPA Regional Office listed.
Copies of the documents relative to this action are available for
public inspection during normal business hours at the following
locations. The interested persons wanting to examine these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102),
US Environmental Protection Agency, 443, 401 M Street, SW., Washington
DC 20460.
Environmental Protection Agency, Region IV Air Programs Branch, 345
Courtland Street NE., Atlanta, Georgia 30365.
North Carolina Department of Environment, Health, and Natural
Resources, Division of Environmental Management, P.O. Box 29535,
Raleigh, North Carolina 27626-0535.
FOR FURTHER INFORMATION CONTACT: Mr. Randy Terry, Regulatory Planning
and Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region IV Environmental Protection Agency, 345
Courtland Street NE, Atlanta, Georgia 30365. The telephone number is
404/347-3555, ext. 4212.
SUPPLEMENTARY INFORMATION: On December 7, 1982 (47 FR 54934), EPA
announced approval of a revised sulfur dioxide (SO2) emission
limit for most fuel- burning sources in North Carolina. This revision
raised the emission limit of SO2 from 1.6 pounds per million BTU
to 2.3 pounds per million BTU. Texasgulf, Incorporated, located in
Aurora, Beaufort County, North Carolina, was included in this
rulemaking, but was not allowed to increase it's emission level until
such time that appropriate conditions could be applied to ensure that
the ambient standard was not violated. These conditions included the
issuance of an air permit. On October 13, 1989, North Carolina
Environmental Management Commission issued air permit no. 2331R10 to
Texasgulf, Incorporated. On November 2, 1989, the State of North
Carolina, through the North Carolina Department of Environment, Health
and Natural Resources submitted this permit to EPA for approval as a
revision to the North Carolina SIP regarding the SO2 emissions
limitation for Texasgulf, Incorporated. In a letter dated November 25,
1991, EPA responded to the Texasgulf, Incorporated submittal with
several comments concerning the enforceability of the permit. EPA
questioned North Carolina's ability to enforce the condition of
reporting any 4-hour exceedances of SO2, opacity and particulate
standards without requiring the installation of SO2 and opacity
monitors. EPA also stated that the permit should be revised to
incorporate the emission limits for the F.W. and B.W. boilers because
alternative operating procedures are allowable if one or more of the
acid plants are inoperable. EPA directed North Carolina to address
these sections before the permit could be approved. On April 29, 1994,
North Carolina submitted a letter to EPA which effectively responded to
all of EPA's concerns and demonstrated that the permit contains
adequate recordkeeping and testing requirements.
Final Action
EPA is approving Texasgulf, Inc's Air Permit No. 2331R10 submitted
on November 2, 1989, for incorporation into the North Carolina SIP. The
EPA is publishing this action 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
December 19, 1994 unless, by November 17, 1994, 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 December 19, 1994.
The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Amendments
enacted on November 15, 1990. The EPA has determined that this action
conforms with those requirements irrespective of the fact that the
submittal preceded the date of enactment.
Under section 307(b)(1) of the Clean Air Act (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
December 19, 1994. 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 CAA, 42 U.S.C. 7607(b)(2)).
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael Shapiro, Acting Assistant Administrator for Air
and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the
requirements of section 3 of Executive Order 12291 for two years. EPA
has submitted a request for a permanent waiver for Table 2 and Table 3
SIP revisions. The OMB has agreed to continue the temporary waiver
until such time as it rules on EPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any SIP. Each request for revision to the SIP 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. 7410(a)(2).
List of Subjects in 40 CFR Part 52
Air pollution control, Incorporation by reference,
Intergovernmental relations, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: September 22, 1994.
Patrick M. Tobin,
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 asfollows:
Authority: 42 U.S.C. 7401-7671q.
Subpart II--North Carolina
2. Section 52.1770 is amended by adding paragraph (c)(76) to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(76) The North Carolina Department of Environment, Health and
Natural Resources submitted revisions to the North Carolina State
Implementation Plan on November 2, 1989. These revisions incorporate
SO2 limits and permit conditions for Texasgulf, Incorporated.
(i) Incorporation by reference.
(A) Permit for Texasgulf, Incorporated (air permit no. 2331R10)
which was issued by the Environmental Management Commission on October
13, 1989.
(ii) Additional material-none.
[FR Doc. 94-25679 Filed 10-17-94; 8:45 am]
BILLING CODE 6560-50-F
