[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Rules and Regulations]
[Pages 72190-72193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34311]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-86-01-9830a; FRL-6207-3]
Approval and Promulgation of Implementation Plans State of North
Carolina: Approval of Miscellaneous Revisions to the Forsyth County Air
Quality Control Ordinance and Technical Code
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On October 10, 1997, the North Carolina Department of
Environment and Natural Resources submitted revisions to the Forsyth
County Air Quality Control Ordinance and Technical Code. These
revisions include the updating of several regulations, deletion of
previously referenced material, rewriting of several regulations, and
the correction of several regulations. The purpose of these revisions
is to make the revised regulations consistent with the North Carolina
State Implementation Plan (SIP).
DATES: This direct final rule is effective on March 1, 1999 without
further notice, unless EPA receives adverse comment by February 1,
1999. If adverse comments are 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. Copies of
documents relative to this action are available for public inspection
during normal business hours at the locations below. The interested
persons wanting to examine these documents should make an appointment
with the appropriate office at least 24 hours before the visiting day.
Reference file NC086-01-9830. The Region 4 office may have additional
background documents not available at the other 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 Planning Branch, 61
Forsyth Street, SW, Atlanta, Georgia 30303.
North Carolina Department of Environment and Natural Resources, 512
North Salisbury Street, Raleigh, North Carolina 27604.
Forsyth County Environmental Affairs Department, 537 North Spruce
Street, Winston-Salem, NC 27101-1362.
FOR FURTHER INFORMATION CONTACT:
Randy Terry, Regulatory Planning Section, Air Planning Branch, Air,
Pesticides & Toxics Management Division, Region 4 Environmental
Protection Agency, 61 Forsyth Street, SW, Atlanta, Georgia 30303. The
telephone number is (404) 562-9032.
SUPPLEMENTARY INFORMATION: On October 10, 1997, the State of North
Carolina Department of Environment and Natural Resources submitted
revisions to amend or repeal multiple sections in the Forsyth Country
Technical Code. These amendments address Subchapters 3A-Air Quality
Control, 3D-Air Pollution Control Requirements, and 3Q-Air Quality
Permits. The amendments are as follows:
Subchapter 3A--Air Quality Control
.0110 CFR Dates and .0112 ASTM Dates
These regulations were updated to reference the Federal regulations
in effect on May 20, 1997.
Subchapter 3D--Air Pollution Control Requirements
.0512 Particulates From Wood Products Finishing Plants
This regulation was amended to change a reference from commission
to Director.
.0518 Miscellaneous Volatile Organic Compound Emissions
This regulation was amended to change a rule citation within this
rule from .0902 (d), (e) or (f) to .0902 (e), (f) or (g).
The original rule included the following language.
``This paragraph shall not apply to sources subject to the
requirements of Section .0900 of this Subchapter because of Rule .0902
(d), (e) or (f).''
The language in the revised rule is as follows.
``This paragraph shall not apply to sources subject to the
requirements of Section .0900 of this Subchapter because of Rule .0902
(e), (f) or (g).''
.0530 Prevention of Significant Deterioration
This regulation was amended to incorporate the most recent version
of 40 CFR 51.166. The rule was revised to reference the 40 CFR 51.166
rule effective on March 15, 1996.
[[Page 72191]]
.0902 Applicability
Paragraph (a) was rewritten to list all of the Regulations in
Section .0900 Volatile Organic Compounds that apply in Forsyth County.
Paragraph (b) was revised to add the title (Vapor Return Piping
System for Vapor Recovery) of rule .0953 alongside a citation of that
rule number.
Paragraph (c) is a new section created and is reserved.
The paragraph originally listed as (c) has been recodified as (d).
This section also changes a reference from paragraph (g) of this rule
to paragraphs (a), (b), (c), or (h).
The original rule included the following language.
``With the exceptions stated in Paragraph (g) of this Rule''
The revised rule includes the following language.
``With the exceptions stated in Paragraphs (a), (b), (c), or (h) of
this Rule''
The paragraph originally listed as (d) was deleted.
The language originally listed as in paragraph (f) was deleted and
new language was adopted. The new language describes the procedure the
Director of the North Carolina Division of Air Quality must follow if a
violation of the ambient air quality standard is measured in Forsyth
County.
Paragraphs (g) and (h) were recodified as paragraphs (h) and (i)
respectively and a new paragraph (g) was created and reserved.
.0907 Compliance Schedules for Sources in Nonattainment Areas
.0910 Alternative Compliance Schedules, .0911 Exception From
Compliance Schedules
These regulations were repealed because they were no longer
applicable to any areas within Forsyth County.
.0909 Compliance Schedules for Sources in New Nonattainment Areas
This regulation was amended to change a specific rule citation from
.0902 (d), or (e) to 0902 (e), (f) or (g) in order to remain consistent
with the most recent revisions to rule .0902.
Subparagraph (1) under paragraph (b) was deleted and reserved.
Subparagraph (2) under paragraph (b) was revised to change previous
references of rule .0946; Compliance Schedule: Gasoline Service
Stations Stage I to now reference rules .0953; Vapor Return Piping for
Stage II Vapor Recovery or .0954; Stage II Vapor Recovery.
Subparagraph (3) under paragraph (b) was adopted and exempts
sources required to comply with the requirements of Section .0900 under
rule .0902(a).
.0954 Stage II Vapor Recovery
This regulation was amended to change a specific rule citation from
.0902 (d), or (e) to .0902 (e), (f) or (g) in order to remain
consistent with the most recent revisions to rule .0902.
.1903 Permissible Open Burning
This regulation is amended to clarify that material shall not be
taken off-site for open burning at another location without a permit.
Subchapter 3Q--Air Quality Permits
.0102 Activities Exempt From Permit Requirements
.0102(a)(1)(A) is being adopted and states that although 40 CFR
Part 60 Subpart Dc, industrial, commercial, and institutional steam
generating units may be located at a facility that is not required to
be permitted under Subchapter 3Q .0500, the units are not exempt from
permit requirements.
.0102(a)(1)(B) is adopted and states that although 40 CFR Part 60
Subpart Kb, volatile organic liquid storage vessels may be located at a
facility that is not required to be permitted under Subchapter 3Q,
.0500, the units are not exempt from permit requirements.
.0102(a)(1)(C) is adopted and states that 40 CFR Part 60 Subpart
AAA, new residential wood heaters are not exempt from permit
requirements.
Subparagraph (2) under paragraph (a) is revised to reflect that
national emission standards for hazardous air pollutants have been
moved from Subchapter .0525 to .1110.
The language in subparagraph (5) under paragraph (a) has been
deleted and subparagraph (5) has been reserved.
.0104 Where to Obtain and File Permit Applications
This regulation was amended to change a rule citation from .0602 to
.0603 to correctly refer customers to the regulation that lists the
number of copies of applications to be filed.
.0107 Confidential Information
This regulation was amended to make it clearer by changing wording
but not intent.
.0307 Public Participation Procedures
This regulation was amended to correct a clerical error and change
a specific rules citation from .0307(b)(4) to .0037(c)(4). This change
now correctly refers customers to the list of information that must be
identified in the public notice.
.0312 Application Processing Schedule
This regulation was amended to include language for renewals of
permits. A paragraph was added that requires the Director to issue or
deny the permit within 90 days of receipt of a complete application, or
10 days after receipt of requested additional information, or by the
expiration date of the permit, whichever is later.
.803 Coating, Solvent Cleaning, Graphic Arts Operations
This regulation was amended to change all references from average
method to total. For reporting purposes, all information on emissions
of volatile organic compounds of hazardous air pollutants is now to be
submitted as a twelve month rolling total. The twelve month rolling
average method is no longer acceptable.
Final Action
EPA is approving the aforementioned changes to the SIP because the
Agency has determined that this action conforms with requirements of
the Clean Air Act and EPA guidance.
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 rule 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 without further
notice unless the Agency receives relevant adverse comments by February
1, 1999.
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 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. Only 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 March 1, 1999 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 (E.O.) 12866, entitled
``Regulatory Planning and Review''.
[[Page 72192]]
B. Executive Order 12875
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 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.
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, 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
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. 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 Electronic 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 mandates that may result in
estimated annual costs to State, local, or tribal governments in the
aggregate; or to private sector, or $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 laws, 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. 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 March 1, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this Act for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and
[[Page 72193]]
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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: October 28, 1998.
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 52.1770, is amended by adding paragraph (c)(96) to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(96) The miscellaneous revisions to the North Carolina State
Implementation Plan, which were submitted on October 10, 1997.
(i) Incorporation by reference.
Subchapter 31A--Air Quality Control
.0110 CFR Dates and .0112 ASTM Dates effective on July 28, 1997.
Subchapter 3D--Air Pollution Control Requirements
.0501(g); Compliance With Emission Control Standards .0512
Particulate From Wood Products Finishing Plants, .0518(e) and (g);
Miscellaneous Volatile Organic Compound Emissions, .0530(a), (1), (o),
and (s); Prevention of Significant Deterioration, .0902(a) through (i);
Applicability, .0907 Compliance Schedules for Sources in Nonattainment
Areas, .0909(a) through (c), (g) and (h); Compliance Schedules for
Sources in New Nonattainment Areas, .0910 Alternative Compliance
Schedules, .0911 Exception From Compliance Schedules, .0954(a) and (f)
Stage II Vapor Recovery, and .1903(b)(2)(E); Permissible Open Burning
effective on July 28, 1997.
Subchapter 3Q--Air Quality Permits
.0102(a) through (e); Activities Exempt From Permit Requirements,
.0104(b); Where to Obtain and File Permit Applications, .0107(b);
Confidential Information, .0307(i); Public Participation Procedures,
.0312(a)(1)(C); Application Processing Schedule, .0603(e);
Transportation Facility Procedures .803(f)(2) (A) through (C) Coating,
Solvent Cleaning, and Graphic Arts Operations effective on July 28,
1997.
(ii) Other material. None.
[FR Doc. 98-34311 Filed 12-30-98; 8:45 am]
BILLING CODE 6560-50-M
