[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Rules and Regulations]
[Pages 5689-5690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3326]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-049-1-7197a; FRL-5336-6]
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 May 15, 1991, 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) to EPA. These revisions include the correcting of an address; the
limiting of emissions of particulates from fuel burning indirect heat
exchangers; the elimination of a conflicting statement on updating
referenced regulations; the addition of compounds whose emissions will
not be considered in nonattainment areas; the changing of the allowable
emission limits for several boilers; and the clarification of the
permit requirements for replacement of existing equipment and for
sources subject to NSPS, NESHAPS and PSD requirements.
DATES: This action is effective April 15, 1996, unless notice is
received by March 15, 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 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 4 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, the Environmental
Management Commission submitted, to EPA, several amendments concerning
North Carolina's air quality regulations. The submitted revisions
include the limiting of emissions of particulates from fuel burning
indirect heat exchangers; the elimination of a conflicting statement on
updating referenced regulations; the addition of compounds whose
emissions will not be considered in nonattainment areas; the changing
of the allowable emission limits for several boilers; and several
smaller administrative changes.
On August 23, 1991, EPA notified the State of corrections needing
to be made prior to the approval of amendment 15A NCAC 2D .0501.
Subsequently, North Carolina, in a December 19, 1991, letter, requested
to have that amendment withdrawn. In a September 20, 1991, letter,
North Carolina submitted a revised version of Rule 2D .0536 Particulate
Emissions From Electric Utility Boilers to replace the version that was
contained in the hearing record on this Rule. The original version
submitted on May 15, 1991, contained changes made in the North Carolina
Rule of which parts are not contained in the Federally approved SIP.
The amended version is discussed later in this document. North Carolina
also submitted, in a September 24, 1992, package, revisions to 15A NCAC
2D .1002 Applicability. These revisions are also being addressed in
this rulemaking.
Revisions to rule 15A NCAC 2D .0531 Sources in Nonattainment Areas
were addressed in the October 31, 1994 Federal Register Notice (59 FR
54388-54389.)
EPA is approving the following revisions to the North Carolina SIP,
because they are consistent with the requirements set forth in the
Clean Air Act (CAA).
15A NCAC 2D .0103 Copies of Referenced Federal Regulations
North Carolina amended this rule to update the location at which
referenced material is available for public inspection.
[[Page 5690]]
15A NCAC 2D .0503 Particulates From Fuel Burning Indirect Heat
Exchangers
North Carolina amended this rule to clarify the emissions of
particulates from fuel burning indirect heat exchangers. This revision
in no way changes the interpretation of the previous rule.
15A NCAC 2D .0530 Prevention of Significant Deterioration
North Carolina amended this rule to eliminate a conflicting
statement on updating referenced federal regulations.
15A NCAC 2D .0536 Particulate Emissions From Electric Utility Boilers
North Carolina amended this rule to change the maximum allowable
emissions rates from electric utility boilers at several utility
facilities.
15A NCAC 2H .0601 Purpose and Scope
North Carolina amended this rule to clarify the types of sources
for which construction or operating permits are required or not
required.
15A NCAC 2H .0607 Copies of Referenced Documents
North Carolina amended this rule to update the location at which
referenced materials are available for public inspection.
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 April 15, 1996, unless, by March 15, 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 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 April 15, 1996.
Under Section 307(b)(1) of the Act, 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 15,
1996. 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).)
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
Reference, Intergovernmental relations, Particulate Matter, Reporting
and recordkeeping requirements.
Dated: November 6, 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)(78) to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(78) Miscellaneous revisions to the North Carolina State
Implementation Plan which were submitted on May 15, 1991.
(i) Incorporation by reference. (A) Amendments to North Carolina
regulations 15A NCAC 2D.0103, 2D.0503, 2D.0530, 2D.0536, 2H.0601, and
2H.0607, of the North Carolina State Implementation Plan submitted on
May 15, 1991, which were state effective on August 1, 1991.
(ii) Other material. None
* * * * *
[FR Doc. 96-3326 Filed 2-13-96; 8:45 am]
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