[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Rules and Regulations]
[Pages 22283-22284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10823]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NC70-2-6861a: NC63-1-6394a; FRL-5189-3]


Clean Air Act Approval and Promulgation of Emission Statement 
Implementation Plan for North Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to the State Implementation 
Plan (SIP) submitted by the State of North Carolina through the North 
Carolina Department of Environment, Health and Natural Resources 
(NCDEHNR) for the purpose of implementing an emission statement program 
for stationary sources within the North Carolina ozone nonattainment/
maintenance areas: Davidson County, Durham County, Forsyth County, 
Gaston County, Guilford County, Mecklenburg County, Wake County, the 
Dutchville Township portion of Granville County, and that part of Davie 
County bounded by the Yadkin River, Dutchman's Creek, North Carolina 
Highway 801, Fulton Creek, and back to the Yadkin River. The SIP was 
submitted on August 15, 1994, by the State to satisfy the Federal 
requirements for an emission statement program as part of the SIP for 
North Carolina.

DATES: This final rule is effective July 5, 1995, unless someone 
submits adverse or critical comments by June 5, 1995. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments should be addressed to: Joey LeVasseur, 
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 State of North Carolina 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: Joey LeVasseur, 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. 4215. Reference file NC70-2-6861.

SUPPLEMENTARY INFORMATION: A SIP revision was submitted by the State of 
North Carolina on December 17, 1993, to satisfy the requirements of 
section 182(a)(B) of the Clean Air Act Amendments of 1990 (CAA) 
(November 15, 1990). This revision was submitted as a temporary rule 
and EPA held off action until the State submitted a permanent rule on 
August 15, 1994. The SIP revision was reviewed by EPA to determine 
completeness shortly after its submittal, in accordance with the 
completeness criteria set out at 40 CFR part 51, appendix V (1991), as 
amended by 57 FR 42216 (August 26, 1991). The submittal was found to be 
complete and a letter dated December 5, 1994, addressed to Mr. A. 
Preston Howard, Director, NCDEHNR, was sent to NCDEHNR indicating the 
submittal was administratively complete.
    There are several key general and specific components of an 
acceptable emission statement program. Specifically, the state must 
submit a revision to its SIP and the emission statement program must 
meet the minimum requirements for reporting. In general, the program 
must include, at a minimum, provisions for applicability, compliance, 
and specific source requirements detailed below.

A. SIP Revision Submission

    The NCDEHNR submitted the North Carolina emission statement 
regulation on August 15, 1994, which meets the emission statement 
requirement.

B. Program Elements

    The State emission statement program must, at a minimum, include 
provisions covering applicability of the regulations, a compliance 
schedule for sources covered by the regulations, and the specific 
reporting requirements for sources. The emission statement submitted by 
the source should contain, at a minimum, a certification that the 
information is accurate to the best knowledge of the individual 
certifying the statement. The North Carolina submittal meets these 
requirements.

C. Applicability

    Section 182(a)(3)(B) requires that states with areas designated as 
nonattainment for ozone require emission statement data from sources of 
volatile organic compounds (VOC) and oxides of nitrogen (NO<INF>X) in 
the nonattainment areas. This requirement applies to all ozone 
nonattainment areas, regardless of the classification (Marginal, 
Moderate, etc.).
    The states may waive, with EPA approval, the requirement for 
emission statements for classes or categories of sources with less than 
25 tons per year of actual plant-wide NO<INF>X or VOC emissions in 
nonattainment areas if the class or category is included in the base 
[[Page 22284]] year and periodic inventories and emissions are 
calculated using emission factors established by EPA (such as those 
found in EPA publication AP-42) or other methods acceptable to EPA. The 
North Carolina submittal waives the emission statement requirement for 
sources with less than 25 tons per year combined of actual plant-wide 
NO<INF>X and VOC emissions and has included calculations of these 
emissions in their 1990 Base Year Emission Inventory.

Final Action

    In this action, EPA is approving the Emission Statement SIP 
revision submitted by the State of North Carolina through the NCDEHNR 
on August 15, 1994. The EPA is publishing this action without prior 
proposal because the Agency 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 July 5, 1995 unless, by June 5, 1995, 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 July 5, 1995.
    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 July 5, 
1995. 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).)
    The OMB has exempted this action from review under Executive Order 
12866.
    Nothing in this action shall be construed as permitting, 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 economic 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 small entities. 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, Emission statements, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Oxides of nitrogen, Reporting and recordkeeping requirements, 
SIP requirements, Volatile organic compounds.

    Dated: March 28, 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)(73) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (73) Revisions to the State of North Carolina State Implementation 
Plan (SIP) concerning emission statements were submitted on August 15, 
1994, by the North Carolina Department of Environment, Health and 
Natural Resources.
    (i) Incorporation by reference.
    Revisions to North Carolina Regulation 15A NCAC 2Q .0207, effective 
July 1, 1994.
    (ii) Other material. None.

[FR Doc. 95-10823 Filed 5-4-95; 8:45 am]
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