[Federal Register Volume 59, Number 209 (Monday, October 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26844]
[[Page Unknown]]
[Federal Register: October 31, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-064-1-6408a; FRL-5092-5]
Approval and Promulgation of Implementation Plans in 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 May 15, 1991, and January 7, 1994, the State of North
Carolina, through the North Carolina Department of Environment, Health
and Natural Resources, submitted revisions to the North Carolina State
Implementation Plan (SIP). These revisions extend the New Source Review
(NSR) regulations to new nonattainment areas for O3 and carbon
monoxide (CO).
DATES: This final rule is effective on December 30, 1994 unless notice
is received by November 30, 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 should be addressed to: 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.
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 IV 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 IV Environmental Protection Agency, 345
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is
404/347-3555 ext. 4212.
SUPPLEMENTARY INFORMATION: On May 15, 1991, and January 7, 1994, the
State of North Carolina, through the North Carolina Department of
Environment, Health and Natural Resources, submitted revisions to the
North Carolina State Implementation Plan (SIP). These revisions
addressed New Source Review (NSR), Prevention of Significant
Deterioration (PSD) and Reasonably Available Control Technology (RACT).
The RACT revisions will be addressed in a separate notice. Revision to
rule 15 A NCAC 2D .0531, submitted May 15, 1991, is being approved in
this notice. The remaining revisions submitted May 15, 1991, will be
addressed in a separate notice. A brief description of each revision
being addressed in this notice follows.
15A NCAC 2D .0531 Sources in Nonattainment Areas
North Carolina amended this rule to extend the NSR requirements to
new nonattainment areas for O3 and CO. The amendments require
offsets to be obtained for both VOCs and nitrogen oxides (NOX) in
ozone nonattainment areas. The amendments also require that major new
sources of the nonattainment pollutant locating in a nonattainment area
to obtain offsets for the major new source and associated minor sources
using a ratio of at least 1.15 to 1.00 for VOC and NOX sources on
ozone nonattainment areas and greater than one to one for CO
nonattainment areas. This rule is also amended to add new compounds to
the list of compounds whose emissions are exempt under this rule. This
rule meets the requirement of the Clean Air Act as amended in 1990 for
new sources locating in nonattainment areas.
15A NCAC 2D .0532 Sources Contributing to an Ambient Violation
North Carolina amended this rule to exclude the nonattainment areas
subject to NSR.
Final Action
EPA is approving the above referenced revisions 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 on December 30, 1994 unless, by November 30, 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 on December 30, 1994.
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 December 30, 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
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
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).
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation
by reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Sulfur oxides.
Dated: October 5, 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 as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart II--North Carolina
2. Section 52.1770 is amended by adding paragraph (c)(72) to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(72) The NSR regulations to the North Carolina State Implementation
Plan which were submitted on January 7, 1994.
(i) Incorporation by reference.
(A) North Carolina regulations 15A NCAC 2D.0531, and 2D.0532
effective on December 1, 1993.
(ii) Other material.
(A) Letter of January 7, 1993, from the North Carolina Division of
Environmental Management.
* * * * *
[FR Doc. 94-26844 Filed 10-28-94; 8:45 am]
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