Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations 22283

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart TT—Utah

2. Section 52.2320 is amended by

adding paragraph (c)(28) to read as

follows:

§ 52.2320 Identification of plan.

* * * * *

(c) * * *

(28) On November 12, 1993, the

Governor of Utah submitted revisions to

its permitting requirements to satisfy the

nonattainment new source review

provisions in the amended Clean Air

Act for all of its nonattainment areas.

On May 20, 1994, the Governor of Utah

submitted a revision to Utah’s definition

of volatile organic compounds.

(i) Incorporation by reference.

(A) Utah Air Conservation

Regulations, R307–1–1, the forward and

the following definitions: ‘‘air

contaminant,’’ ‘‘air contaminant

source,’’ ‘‘air pollution,’’ ‘‘allowable

emissions,’’ ‘‘ambient air,’’ ‘‘best

available control technology (BACT),’’

‘‘board,’’ ‘‘department,’’ ‘‘dispersion

technique,’’ ‘‘emission limitation,’’

‘‘executive director,’’ ‘‘executive

secretary,’’ ‘‘major modification,’’

‘‘major source,’’ ‘‘PM–10 precursor,’’

‘‘person,’’ ‘‘temporary,’’ and ‘‘volatile

organic compound (VOC);’’ effective

November 15, 1993, printed June 24,

1994.

(B) Utah Air Conservation

Regulations, R307–1–3.1.8, R307–1–

3.1.10, and R307–1–3.3; effective

August 16, 1993, printed May 26, 1994.

(ii) Additional material.

(A) Letter dated October 18, 1994

from Russell A. Roberts to Douglas M.

Skie clarifying applicability of Utah’s

nonattainment new source review

permitting requirements.

[FR Doc. 95–10821 Filed 5–4–95; 8:45 am]

BILLING CODE 6560–50–P

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.

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 (NOX) 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 NOX or VOC

emissions in nonattainment areas if the

class or category is included in the base
22284 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations

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 NOX 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-forprofit 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:

§ 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]

BILLING CODE 6560–50–P

40 CFR Part 52

[WI45–01–6501; FRL–5203–1]

Approval of the State Implementation

Plan; Wisconsin

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: On January 10, 1995, the

United States Environmental Protection

Agency (USEPA) proposed approval of

the State Implementation Plan (SIP)

revision request for the Milwaukee

ozone nonattainment area (Kenosha,

Milwaukee, Ozaukee, Racine,

Washington, and Waukesha counties),

as submitted by the State of Wisconsin.

The purpose of the revision is to offset

any growth in emissions from growth in

vehicle miles traveled (VMT), or

number of vehicle trips, and to attain

reduction in motor vehicle emissions, in

combination with other measures, as

needed to comply with Reasonable

Further Progress (RFP) milestones of the

Clean Air Act (Act). Wisconsin

submitted the implementation plan

revision to satisfy the statutory

mandates, found in section 182 of the

Act, which requires the State to submit

a SIP revision that identifies and adopts

specific enforceable Transportation

Control Measures (TCM) to offset any

growth in emissions from growth in

VMT, or number of vehicle trips, in

severe ozone nonattainment areas. The

USEPA received no public comments on

the above proposed approval. This rule

finalizes the approval of the first

element of the VMT offset program for

the Milwaukee area.

EFFECTIVE DATE: This action will be

effective June 5, 1995.

ADDRESSES: Copies of the SIP revision,

public comments and USEPA’s

responses are available for inspection at

the following address: (It is

recommended that you telephone

Michael Leslie at (312) 353–6680 before

visiting the Region 5 Office.) United