Approval and Promulgation of Implementation Plans State of North Carolina: Approval of Miscellaneous Revisions to the Forsyth County Air Quality Control Ordinance and Technical Code

On October 10, 1997, the State of North Carolina Department of Environment and Natural Resources submitted revisions to amend or repeal multiple sections in the Forsyth Country Technical Code. These amendments address Subchapters 3A-Air Quality Control, 3D-Air Pollution Control Requirements, and 3Q-Air Quality Permits. The amendments are as follows:

Subchapter 3A--Air Quality Control

.0110 CFR Dates and .0112 ASTM Dates

These regulations were updated to reference the Federal regulations in effect on May 20, 1997.

Subchapter 3D--Air Pollution Control Requirements

.0512 Particulates From Wood Products Finishing Plants

This regulation was amended to change a reference from commission to Director.

.0518 Miscellaneous Volatile Organic Compound Emissions

This regulation was amended to change a rule citation within this rule from .0902 (d), (e) or (f) to .0902 (e), (f) or (g). The original rule included the following language. ``This paragraph shall not apply to sources subject to the requirements of Section .0900 of this Subchapter because of Rule .0902 (d), (e) or (f).'' The language in the revised rule is as follows. ``This paragraph shall not apply to sources subject to the requirements of Section .0900 of this Subchapter because of Rule .0902 (e), (f) or (g).''

.0530 Prevention of Significant Deterioration

This regulation was amended to incorporate the most recent version of 40 CFR 51.166. The rule was revised to reference the 40 CFR 51.166 rule effective on March 15, 1996.

.0902 Applicability

Paragraph (a) was rewritten to list all of the Regulations in Section .0900 Volatile Organic Compounds that apply in Forsyth County. Paragraph (b) was revised to add the title (Vapor Return Piping System for Vapor Recovery) of rule .0953 alongside a citation of that rule number. Paragraph (c) is a new section created and is reserved. The paragraph originally listed as (c) has been recodified as (d). This section also changes a reference from paragraph (g) of this rule to paragraphs (a), (b), (c), or (h). The original rule included the following language.

``With the exceptions stated in Paragraph (g) of this Rule''

The revised rule includes the following language.

``With the exceptions stated in Paragraphs (a), (b), (c), or (h) of this Rule''

The paragraph originally listed as (d) was deleted. The language originally listed as in paragraph (f) was deleted and new language was adopted. The new language describes the procedure the Director of the North Carolina Division of Air Quality must follow if a violation of the ambient air quality standard is measured in Forsyth County. Paragraphs (g) and (h) were recodified as paragraphs (h) and (i) respectively and a new paragraph (g) was created and reserved.

.0907 Compliance Schedules for Sources in Nonattainment Areas

.0910 Alternative Compliance Schedules, .0911 Exception From Compliance Schedules

These regulations were repealed because they were no longer applicable to any areas within Forsyth County.

.0909 Compliance Schedules for Sources in New Nonattainment Areas

This regulation was amended to change a specific rule citation from .0902 (d), or (e) to 0902 (e), (f) or (g) in order to remain consistent with the most recent revisions to rule .0902. Subparagraph (1) under paragraph (b) was deleted and reserved. Subparagraph (2) under paragraph (b) was revised to change previous references of rule .0946; Compliance Schedule: Gasoline Service Stations Stage I to now reference rules .0953; Vapor Return Piping for Stage II Vapor Recovery or .0954; Stage II Vapor Recovery. Subparagraph (3) under paragraph (b) was adopted and exempts sources required to comply with the requirements of Section .0900 under rule .0902(a).

.0954 Stage II Vapor Recovery

This regulation was amended to change a specific rule citation from .0902 (d), or (e) to .0902 (e), (f) or (g) in order to remain consistent with the most recent revisions to rule .0902.

.1903 Permissible Open Burning

This regulation is amended to clarify that material shall not be taken off-site for open burning at another location without a permit.

Subchapter 3Q--Air Quality Permits

.0102 Activities Exempt From Permit Requirements

.0102(a)(1)(A) is being adopted and states that although 40 CFR Part 60 Subpart Dc, industrial, commercial, and institutional steam generating units may be located at a facility that is not required to be permitted under Subchapter 3Q .0500, the units are not exempt from permit requirements. .0102(a)(1)(B) is adopted and states that although 40 CFR Part 60 Subpart Kb, volatile organic liquid storage vessels may be located at a facility that is not required to be permitted under Subchapter 3Q, .0500, the units are not exempt from permit requirements. .0102(a)(1)(C) is adopted and states that 40 CFR Part 60 Subpart AAA, new residential wood heaters are not exempt from permit requirements. Subparagraph (2) under paragraph (a) is revised to reflect that national emission standards for hazardous air pollutants have been moved from Subchapter .0525 to .1110. The language in subparagraph (5) under paragraph (a) has been deleted and subparagraph (5) has been reserved.

.0104 Where to Obtain and File Permit Applications

This regulation was amended to change a rule citation from .0602 to .0603 to correctly refer customers to the regulation that lists the number of copies of applications to be filed.

.0107 Confidential Information

This regulation was amended to make it clearer by changing wording but not intent.

.0307 Public Participation Procedures

This regulation was amended to correct a clerical error and change a specific rules citation from .0307(b)(4) to .0037(c)(4). This change now correctly refers customers to the list of information that must be identified in the public notice.

.0312 Application Processing Schedule

This regulation was amended to include language for renewals of permits. A paragraph was added that requires the Director to issue or deny the permit within 90 days of receipt of a complete application, or 10 days after receipt of requested additional information, or by the expiration date of the permit, whichever is later.

.803 Coating, Solvent Cleaning, Graphic Arts Operations

This regulation was amended to change all references from average method to total. For reporting purposes, all information on emissions of volatile organic compounds of hazardous air pollutants is now to be submitted as a twelve month rolling total. The twelve month rolling average method is no longer acceptable.

Final Action

EPA is approving the aforementioned changes to the SIP because the Agency has determined that this action conforms with requirements of the Clean Air Act and EPA guidance. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However in the proposed rule section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision, should relevant adverse comments be filed. This rule will be effective without further notice unless the Agency receives relevant adverse comments by February 1, 1999. If the EPA receives such comments, then EPA will publish a notice withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. Only parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on March 1, 1999 and no further action will be taken on the proposed rule.

I. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this regulatory action from Executive Order (E.O.) 12866, entitled ``Regulatory Planning and Review''.

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not required by statute and that creates a mandate upon a state, local, or tribal government, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by those governments. If the mandate is unfunded, EPA must provide to the Office of Management and Budget a description of the extent of EPA's prior consultation with representatives of affected state, local, and tribal governments, the nature of their concerns, copies of written communications from the governments, and a statement supporting the need to issue the governments, and a statement supporting the need to issue the regulation. In addition, E.O. 12875 requires EPA to develop an effective process permitting elected officials and other representatives of state, local, and tribal governments ``to provide meaningful and timely input in the development of regulatory proposals containing significant unfunded mandates.'' Today's rule does not create a mandate on state, local or tribal governments. The rule does not impose any enforceable duties on these entities. Accordingly, the requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is determined to be ``economically significant'' as defined under E.O. 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to E.O. 13045 because it does not involve decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not required by statute, that significantly affects or uniquely affects the communities of Indian tribal governments, and that imposes substantial direct compliance costs on those communities, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by the tribal governments. If the mandate is unfunded, EPA must provide to the Office of Management and Budget, in a separately identified section of the preamble to the rule, a description of the extent of EPA's prior consultation with representatives of affected tribal governments, a summary of the nature of their concerns, and a statement supporting the need to issue the regulation. In addition, Executive Order 13084 requires EPA to develop an effective process permitting elected and other representatives of Indian tribal governments ``to provide meaningful and timely input in the development of regulatory policies on matters that significantly or uniquely affect their communities.'' Today's rule does not significantly or uniquely affect the communities of Indian tribal governments. This action does not involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies 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 small governmental jurisdictions. This final rule will not have a significant impact on a substantial number of small entities because SIP approvals under section 110 and subchapter I, part D of the Clean Air Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not create any new requirements, I certify that this action will not have a significant economic impact on a substantial number of small entities. Moreover, due to the nature of the Federal-State relationship under the Clean Air Act, preparation of flexibility analysis would constitute Federal inquiry into the economic reasonableness of state action. The Clean Air Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electronic Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandates that may result in estimated annual costs to State, local, or tribal governments in the aggregate; or to private sector, or $100 million or more. Under Section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule. EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated annual costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This Federal action approves pre-existing requirements under State or local laws, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ``major rule as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 1, 1999. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this Act for the 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: October 28, 1998. A. Stanley Meiburg, Acting Regional Administrator, Region 4.

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 et seq.

Subpart--II--North Carolina

2. Section 52.1770, is amended by adding paragraph (c)(96) to read as follows:

Sec. 52.1770 Identification of plan.

* * * * * (c) * * * (96) The miscellaneous revisions to the North Carolina State Implementation Plan, which were submitted on October 10, 1997. (i) Incorporation by reference.

Subchapter 31A--Air Quality Control

.0110 CFR Dates and .0112 ASTM Dates effective on July 28, 1997.

Subchapter 3D--Air Pollution Control Requirements

.0501(g); Compliance With Emission Control Standards .0512 Particulate From Wood Products Finishing Plants, .0518(e) and (g); Miscellaneous Volatile Organic Compound Emissions, .0530(a), (1), (o), and (s); Prevention of Significant Deterioration, .0902(a) through (i); Applicability, .0907 Compliance Schedules for Sources in Nonattainment Areas, .0909(a) through (c), (g) and (h); Compliance Schedules for Sources in New Nonattainment Areas, .0910 Alternative Compliance Schedules, .0911 Exception From Compliance Schedules, .0954(a) and (f) Stage II Vapor Recovery, and .1903(b)(2)(E); Permissible Open Burning effective on July 28, 1997.

Subchapter 3Q--Air Quality Permits

.0102(a) through (e); Activities Exempt From Permit Requirements, .0104(b); Where to Obtain and File Permit Applications, .0107(b); Confidential Information, .0307(i); Public Participation Procedures, .0312(a)(1)(C); Application Processing Schedule, .0603(e); Transportation Facility Procedures .803(f)(2) (A) through (C) Coating, Solvent Cleaning, and Graphic Arts Operations effective on July 28, 1997. (ii) Other material. None.

[FR Doc. 98-34311 Filed 12-30-98; 8:45 am] BILLING CODE 6560-50-M