[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3589-3591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1939]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-73-1-7225a; NC-77-2-7726a; FRL-5337-4]
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 August 15, 1994, and May 24, 1995, 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 include the adoption of new
air quality rules and amendments to existing air quality rules.
The major rule changes include the addition of new sections for
Vapor Return Piping for Stage II Vapor Recovery and Stage II Vapor
Recovery. Other major revisions to the SIP include the amendments of
regulation for Sources in Nonattainment Areas, Applicability,
Compliance Schedules for Sources in Nonattainment Areas, Alternative
Compliance Schedules, Exception from Compliance Schedules, Gasoline
Service Stations Stage I, Gasoline Truck Tanks, and Vapor Collection
Systems, Petroleum Liquid Storage in External Floating Roof Tanks, and
Petition for Alternative Controls.
DATES: This action is effective April 1, 1996 unless notice is received
by March 4, 1996 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
[[Page 3590]]
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 x4212.
SUPPLEMENTARY INFORMATION: On August 15, 1994, the State of North
Carolina, through the North Carolina Department of Environment, Health
and Natural Resources, submitted revisions covering the adoption of new
air quality rules, and amendments to existing air quality rules that
were the subject of public hearings held on February 24, and 28, 1994.
This submittal led to several EPA comments that were addressed in a
second submittal received by EPA on May 26, 1995. The second submittal
was the subject of a public hearing on February 1, 1995.
EPA is approving the following new rules and revisions of existing
rules in the North Carolina SIP. These new rules and revisions are
consistent with the requirements of the Clean Air Act and EPA guidance.
.0531 Sources in Nonattainment Areas
This rule has been amended to extend its coverage to a 1992 ozone
nonattainment area that has been redesignated attainment if a violation
of the ambient air quality standard occurs after the redesignation to
attainment. The coverage would be extended by the Director noticing in
the North Carolina Register that the area is in violation of the
ambient air quality standard for ozone.
.0902 Applicability
This rule has been amended to extend coverage of section 15A NCAC
2D. .0900 Volatile Organic Compounds, to a 1992 ozone nonattainment
area that has been redesignated attainment if a violation of the
ambient air quality standard occurs after the redesignation to
attainment. Permitted facilities within the area of violation that are
or may be subject to this section will also receive written
notification.
.0907 Compliance Schedules for Source in Nonattainment Areas
This rule has been amended to clarify its applicability.
.0909 Compliance Schedules for Sources in New Attainment Areas
This rule has been amended to provide compliance schedules by which
sources brought under the rules in section 15A NCAC 2D .0900, Volatile
Organic Compounds (VOCs), because of the Director's notice in the North
Carolina Register, can come into compliance.
.0928 Gasoline Service Stations Stage I
This rule has been amended to clarify Stage I control requirements.
The rule has been clarified to show that it applies to both the
delivery vessels and the station and that the delivery vessel and vapor
collection system at the station are to meet the pressure and vacuum
specifications of 15A NCAC 2D .0932 Gasoline Truck Tanks and Vapor
Collections Systems. An exemption has been added for farm tanks less
than 2000 gallons and for tanks used exclusively to test fuel
dispensing meters.
.0932 Gasoline Truck Tanks and Vapor Collection Systems
This rule has been amended to clarify that annual testing of vapor
collection systems is required only at bulk gasoline plants and bulk
gasoline terminals.
.0933 Petroleum Liquid Storage in External Floating Roof Tanks
This rule has been amended to exempt external floating tanks of
welded construction equipped with a metallic type shoe primary seal and
a shoe mounted secondary seal from the secondary seal requirement and
not from the entire rule.
.0952 Petition for Alternative Controls
This rule has been amended to extend it to areas that become
subject to section 15A NCAC 2D .0900, VOCs, because of notice that the
area is in violation of the ambient air quality standard for ozone.
.0953 Vapor Return Piping for Stage II Vapor Recovery
This rule has been adopted to require piping for Stage II vapor
recovery controls to be installed at new gasoline service stations and
tanks in the 1992 ozone nonattainment areas. This rule contains the
specifications for Stage II vapor recovery piping.
.0954 Stage II Vapor Recovery
This rule has been adopted because it contains the specifications
for stage II vapor recovery controls. This rule is a contingency
measure that applies to all facilities, in areas that are or will be
designated nonattainment for ozone, that dispense gasoline unless the
facility has met the criteria to be exempted. The following gasoline
dispensing facilities are exempt from this rule.
1. Any facility which dispenses 10,000 gallons or less of gasoline
during calendar month;
2. Any facility which dispenses 50,000 gallons or less during
calendar month and is an independent small business marketer of
gasoline;
3. Any facility which dispenses gasoline exclusively for refueling
marine vehicles, aircraft, farm equipment, and emergency vehicles; or
4. Any tanks used exclusively to test the fuel dispensing meters.
In addition to the above revisions EPA is approving a revision
applicable to the following Sections: 15A NCAC 2D .0902, .0907, .0910,
.0911, .0952, and.0954. This revision adjusts final compliance dates,
for VOC sources located in nonattainment areas, to allow reasonable
time frames for implementation.
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 April 1, 1996 unless, March 4, 1996, 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 the separate 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 April 1, 1996.
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 April 1,
1996. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality
[[Page 3591]]
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)).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
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. 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 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
Environmental protection, Air pollution control, Carbon Monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements,
Sulfur oxides.
Dated: November 3, 1995.
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)(88) to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(88) The VOC RACT regulations, NSR regulations, and other
miscellaneous revisions to the North Carolina State Implementation Plan
which were submitted on August 15, 1994. The Stage II regulations and
other miscellaneous revisions to the North Carolina State
Implementation Plan which were submitted on May 24, 1995.
(i) Incorporation by reference.
(A) Regulations 15A NCAC 2D .0531, .0909, .0928, .0932, .0933, and
.0953 effective on July 1, 1994.
(B) Regulations 15A NCAC 2D .0902, .0907, .0910, .0911, .0952, and
.0954 effective on May 1, 1995.
(ii) Other material. None.
* * * * *
[FR Doc. 96-1939 Filed 1-31-96; 8:45 am]
BILLING CODE 6560-50-P
