[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25789-25791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12890]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-80-1-9619a & 81-1-9620a; FRL-5505-4 ]
Approval and Promulgation of Implementation Plans North Carolina:
Approval of Revisions to the Forsyth County Local Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On November 29, 1995, the Forsyth County Board of
Commissioners, through the North Carolina Department of Environment,
Health and Natural Resources, submitted revisions to the Forsyth County
Local Implementation Plan (LIP). These revisions include the adoption
of new air quality rules and amendments to existing air quality rules
that were the subject of public hearings held on May 16, 1995. A second
submittal concerning these revisions was forwarded to EPA on December
28, 1995. This second submittal was the subject of a public hearing on
September 26, 1995.
These revisions adopt three source-specific volatile organic
compound rules; Thread Bonding Manufacturing, Glass Christmas Ornament
Manufacturing, Commercial Bakeries, delete textile coating, Christmas
ornament manufacturing, and bakeries from the list of sources that must
follow interim standards, define di-acetone alcohol as a non-
photochemically reactive solvent, and place statutory requirements for
adoption by reference for referenced ASTM methods into a single rule
rather than each individual rule that references ASTM methods.
DATES: This action is effective July 22, 1996 unless notice is received
by June 24, 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 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 ex 4212.
SUPPLEMENTARY INFORMATION: On November 29, and December 28, 1995, the
Forsyth County Board of Commissioners, through the North Carolina
Department of Environment, Health and Natural Resources, submitted
revisions to the Forsyth County Local Implementation Plan (LIP). These
revisions were approved into the North Carolina State Implementation
Plan (SIP) in a previous document (61 FR 3588) and have been adopted by
the Forsyth County Board of Commissioners. These revisions affect
several sections in the ozone regulations. EPA is approving the
revisions to sections Subchapter 3D .0104 Incorporation by Reference,
.0501 Compliance With Emission Control Standards, .0516 Sulfur Dioxide
Emissions From Combustion Sources, .0518 Miscellaneous Volatile Organic
Compound Emissions, .0530 Prevention of Significant Deterioration,
.0531 Sources in Nonattainment Areas, .0902 Applicability, .0907
Compliance Schedules for Sources in Nonattainment Areas, .0909
Compliance Schedules for Sources in New Nonattainment Areas, .0910
Alternative Compliance Schedules, .0911 Exception from Compliance
Schedules, .0950 Interim Standards for Certain Source Categories, .0952
Petition for Alternative Controls, .0954 Stage II Vapor Recovery, .0955
Thread Bonding Manufacturing, .0956 Glass Christmas Ornament
Manufacturing, and .0957 Commercial Bakeries because these revisions
are consistent with the requirements of the Clean Air Act and EPA
guidance.
EPA is approving the following new rules and revisions of existing
rules in the Forsyth County LIP. These new rules and revisions are
consistent with the requirements of the Clean Air Act and EPA guidance.
.0104, Incorporation by Reference
These amendments involve the placement of statutory requirements
for adoption by reference for referenced American Society for Testing
and Materials methods (ASTM) into a single rule rather than each
individual rule that references ASTM methods.
.0501 Compliance With Emission Control Standards
This rule was amended to clarify the appropriate compliance
methodology.
.0516 Sulfur Dioxide Emissions From Combustion Sources
This rule was amended to include an additional reference rule
number.
.0518 Miscellaneous Volatile Organic Compounds Emissions
This rule was amended to clarify that diacetone alcohol and
perchloroethylene are not considered to be photochemically reactive and
to delete a repeated phrase.
.0530 Prevention of Significant Deterioration
This rule was amended to update the latest date of amendment of the
CFR references.
.0531 Sources in Nonattainment Areas
This rule has been amended to add paragraph (k), which requires
using the UAM model, by new or major modifications, at sources to
predict effect on the ozone level and attainment status.
.0902 Applicability
Forsyth County did not adopt paragraph (e), which pertains to other
counties in North Carolina, of the State rule because those areas are
not in Forsyth County's jurisdiction.
.0909 Compliance Schedules for Sources in New Attainment Areas
This rule has been amended to correctly identify the appropriate
paragraph references.
.0950 Interim Standards for Certain Source Categories
This section, is being revised to delete textile coating, bakeries
and Christmas ornament manufacturing from the list of
[[Page 25790]]
sources that are required to follow the interim standards. The sources
removed have had permanent rules adopted and are now subject to those
requirements. The final revision in this section adds a sentence that
defines di-acetone alcohol and perchloroethylene as a non-
photochemically reactive solvent for these interim standards.
The permanent rules adopted were SUBCHAPTER 3D .0955 THREAD BONDING
MANUFACTURING, .0956 GLASS CHRISTMAS ORNAMENT MANUFACTURING, and .0957
COMMERCIAL BAKERIES. These sections adopted rules to reduce the
emission level by requiring at least a 95% reduction by weight and/or
by installing a thermal incinerator with a temperature of at least 1600
F and a residence time of at least 0.75 seconds.
In addition to the above revisions EPA is approving a revision
applicable to the following Sections: Subchapter 3D .0907, .0910,
.0911, .0952, and .0954. This revision is an adjustment of the final
compliance dates for VOC's from May 15, 1995 to May 15, 1997.
The submitted revisions also included amendments to Subchapter 3D
.1401-.1415; Reasonably Available Control Technology for Sources of
Nitrogen Oxides (Nox RACT); .1501-.1504 Transportation Conformity; and
.1601-.1603; General Conformity. These revisions are being addressed in
separate Federal Register documents.
Final Action
In this document, EPA is approving the revisions to the Forsyth
County regulations listed above. This action is being taken without
prior proposal because the changes are noncontroversial and EPA
anticipates no significant comments on them. The public should be
advised that this action will be effective on July 22, 1996. However,
if notice is received by June 24, 1996 that someone wishes to submit
adverse or critical comments, this action will be withdrawn and two
subsequent documents will be published before the effective date. One
document will withdraw the final action and another will begin a new
rulemaking by announcing a proposal of the action and establishing a
comment period.
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 July 22,
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. Section
7410(a)(2).
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
Air pollution control, Carbon Monoxide, Hydrocarbons, Incorporation
by reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and Recordkeeping requirements, Sulfur oxides.
Dated: March 21, 1996.
Phyllis P. Harris,
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)(90) to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(90) The VOC regulations and other miscellaneous revisions to the
Forsyth County Local Implementation Plan which were submitted on
December 28, 1995, and November 29, 1995.
(i) Incorporation by reference.
[[Page 25791]]
(A) Amendments to Forsyth County regulations Subchapter 3D
.0104(a), .0531 (e)-(k), .0902 (a)-(h), .0907 (a)-(c), .0909 (a, c, d,
e, and g), .0910 (a)-(d), .0911, .0950 (a and b), .0952 (a)-(c) and
.0954 (f, h, k) adopted into the Air Quality Control Technical Code on
November 13, 1995.
(B) Amendments to Forsyth County regulations Subchapter 3D .0501
(a)-(h), .0516 (a and b), .0518 (a)-(g), and .0530 (a)-(s), adopted
into the Air Quality Control Technical Code on August 14, 1995.
(C) Subchapter 3D .0955, .0956, and .0957 adopted into the Air
Quality Control Technical Code on August 14, 1995.
(ii) Other material. None.
[FR Doc. 96-12890 Filed 5-22-96; 8:45 am]
BILLING CODE 6560-50-P
