[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19843]
[[Page Unknown]]
[Federal Register: August 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-057-1-6412b; FRL-5004-8]
Approval and Promulgation of Implementation Plans: Approval of
Revisions to the North Carolina State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving revisions submitted on March 3, 1993, by the
State of North Carolina, through the North Carolina Department of
Environment, Health and Natural Resources. These revisions corrected
names and addresses, corrected cross-references, added a reference to
the Federal Register document containing the nitrogen dioxide
(NO2) increments, and clarified the visible emissions and ambient
standards regulations.
DATES: This final rule will be effective October 14, 1994 unless
adverse or critical comments are received by September 14, 1994. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to:
Carol L. Kemker, 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: Carol L. Kemker, 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
404-347-2864.
SUPPLEMENTARY INFORMATION: On March 3, 1993, 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). A brief description of each revision
follows.
15 NCAC 2D .0103 Copies of Referenced Federal Regulations
North Carolina amended this rule to change the address of the
Wilmington Regional Office and to make grammatical changes.
15 NCAC 2D .0104 Incorporation by Reference
North Carolina amended this rule to clarify that documents
incorporated by reference in the CFR automatically include any future
updates or amendments unless another rule specifies otherwise.
15 NCAC 2D .0401 Purpose
North Carolina amended this rule to clarify that no facility or
source of air pollution shall cause or contribute to a violation of any
ambient air quality standard. The rule as previously written appeared
to apply only to each emission point and not to the whole plant site.
15 NCAC 2D .0521 Control of Visible Emissions
North Carolina amended this regulation to replace the term
``installation'' with the term ``source'' or ``owner or operator of the
source.'' The term ``installation'' was not defined and the terms
``source'' or ``owner or operator of the source'' are defined.
15 NCAC 2D .0530 Prevention of Significant Deterioration
North Carolina amended this rule to reference the Federal Register
containing the nitrogen dioxide (NO2) increment requirements. This
rule is also amended to specify that the version of the CFR
incorporated in the rule is that of January 1, 1989, and does not
include any subsequent amendments.
15 NCAC 2D .0531 Sources in Nonattainment Areas
North Carolina amended this rule to specify that the version of the
referenced CFR is that of January 1, 1989, and does not include any
subsequent amendments.
15 NCAC 2D .0532 Sources Contributing to an Ambient Violation
North Carolina amended this rule to correct a cross-reference. This
rule is also amended to specify that the version of the referenced CFR
is that of January 1, 1989, and does not include any subsequent
amendments.
15 NCAC 2H .0603 Application
North Carolina amended this rule to correct the mailing address of
the Division of Environmental Management.
15 NCAC 2H .0609, Permit Fees
North Carolina amended this rule to correct the Department name.
Final Action
In this document, EPA is approving the revisions to the North
Carolina Environmental Management 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
October 14, 1994. However, if adverse or critical comments are received
by September 14, 1994, this action will be withdrawn and two subsequent
documents will be published before the effective date. One document
will withdraw the final action. The second document will finalize the
action and address the comments.
Under section 307(b)(1) of the Clean Air 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
October 14, 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)).
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael Shapiro, Acting Assistant Administrator for Air
and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and 3 SIP revisions from the requirements of
section 3 of Executive Order 12291 for two years. The EPA has submitted
a request for a permanent waiver for Table 2 and Table 3 SIP revisions.
The OMB has agreed to continue the waiver until such time as it rules
on USEPA's request. This request continues in effect under Executive
Order 12866 which superseded Executive Order 12291 on September 30,
1993.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any SIP. Each request for revision to the SIP 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 section 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
Air pollution control, Incorporation by reference, Nitrogen
dioxide, Reporting and recordkeeping requirements.
Dated: June 9, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the 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)(71) to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(71) The PSD NOx increment regulations and other miscellaneous
revisions to the North Carolina State Implementation Plan which were
submitted on March 3, 1993.
(i) Incorporation by reference.
(A) North Carolina regulations 15 NCAC 2D.0103, 2D.0104, 2D.0401,
2D.0521, 2D.0530, 2D.0531, 2D.0532, 2H.0603, 2H.0607, and 2H.0609
effective on December 1, 1992.
(ii) Other material. None.
[FR Doc. 94-19843 Filed 8-12-94; 8:45 am]
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