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Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of North Carolina
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 2, 1995 (Volume 60, Number 148)]
[Rules and Regulations]
[Page 39258-39263]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[NC-72-1-6953a; FRL-5258-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of North Carolina
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
SUMMARY: On August 9, 1991, the North Carolina Department of
Environmental Management (NCDEM), submitted a maintenance plan and a
request to redesignate the Charlotte area from nonattainment to
attainment for carbon monoxide (CO). The Charlotte CO nonattainment
area consists only of Mecklenburg County. Subsequently, NCDEM submitted
supplemental material to the Charlotte submittal on October 7, 1994.
Included with this package was a request to redesignate the Raleigh/
Durham area from nonattainment to attainment for CO. The Raleigh/Durham
CO nonattainment area consists of Durham and Wake Counties. Under the
Clean Air Act as amended in 1990 (CAA), designations can be revised if
sufficient data is available to warrant such revisions. In this action,
EPA is approving the North Carolina request because it meets the
maintenance plan and redesignation requirements set forth in the CAA.
DATES: This action will be effective September 18, 1995, unless
critical or adverse comments are received by September 1, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be sent to Ben Franco, at the EPA
Regional office listed below. Copies of the redesignation request and
the State of North Carolina's submittal are available for public review
during normal business hours at the addresses listed below.
[[Page 39259]]
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.
Department of Environment, Health and Natural Resources, P.O.
Box 29535, Raleigh, North Carolina 27626-0535.
FOR FURTHER INFORMATION CONTACT: Ben Franco of the EPA Region 4 Air
Programs Branch at (404) 347-3555, ext. 4211, and at the above address.
SUPPLEMENTARY INFORMATION: In a March 15, 1991, letter to the EPA
Region 4 Administrator, the Governor of North Carolina recommended the
areas of Raleigh/Durham and Charlotte be designated as nonattainment
for CO, as required by section 107(d)(1)(A) of the 1990 CAA (Pub. L.
101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-767lql). The cities
were designated nonattainment and classified as ``moderate,'' except
for Charlotte which was classified as ``not classified,'' under the
provisions outlined in sections 186 and 187 of the CAA (See 56 FR 56694
(Nov. 6, 1991) and 57 FR 56762 (Nov. 30, 1992), codified at 40 CFR part
81, Sec. 81.334). The National Ambient Air Quality Standard (NAAQS) for
CO is 9.5 ppm. CO nonattainment areas can be classified as moderate or
serious, based on their design values. Since Raleigh/Durham had a
design value of 10.9 ppm (based on 1988 and 1989 data), the area was
classified as moderate. The Charlotte area was a pre-1990 nonattainment
area and was designated by operation of law. However, the Charlotte
area was classified as ``not classified'' because it had a design value
of 8.4 ppm (based on 1988 and 1989 data), which is below the 9.5 ppm.
The CAA established an attainment date of December 31, 1995, for all
moderate CO areas. ``Not Classified'' areas, such as Charlotte, must
attain by November 15, 1995.
The Raleigh/Durham and Charlotte areas have ambient air quality
monitoring data showing attainment of the CO NAAQS from 1990 through
1993. The areas continued to monitor attainment in 1994 and 1995.
Therefore, in an effort to comply with the CAA and to ensure continued
attainment of the NAAQS, on August 9, 1991, and October 7, 1994, the
State of North Carolina submitted CO redesignation requests and
maintenance plans for the Charlotte and Raleigh/Durham areas,
respectively. The October 7, 1994, submittal included a revision of the
1991 Charlotte redesignation request. The request for redesignation
submittal and maintenance plan was approved by NCEMC on September 8,
1994. North Carolina submitted evidence that a public hearing was held
on March 28 and March 30, 1994.
The 1990 CAA Amendments revised section 107(d)(3)(E) to provide
five specific requirements that an area must meet in order to be
redesignated from nonattainment to attainment.
The area must have attained the applicable NAAQS;
The area must meet all applicable requirements under section 110
and Part D of the CAA;
The area must have a fully approved state implementation plan
under section 110(k) of CAA;
The air quality improvement must be permanent and enforceable;
and,
The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA.
On November 12, 1991, and December 8, 1994, Region 4 determined the
Charlotte and Raleigh/Durham submittal, respectively, constituted a
complete redesignation request under the general completeness criteria
of 40 CFR 51, appendix V, sections 2.1 and 2.2.
The North Carolina redesignation request for the Raleigh/Durham and
Charlotte areas meet the five requirements of section 107(d)(3)(E),
noted above. The following is a brief description of how the State has
fulfilled each of these requirements. Because the maintenance plan is a
critical element of the redesignation request, EPA will discuss its
evaluation of the maintenance plan under its analysis of the
redesignation request.
Attainment of the CO NAAQS
The North Carolina requests are based on an analysis of quality
assured CO air monitoring data which is relevant to the maintenance
plan and to the redesignation requests. The ambient air CO monitoring
data for calendar year 1991 through calendar year 1993 shows no
violations of the CO NAAQS in the Raleigh/Durham and Charlotte areas.
The most recent ambient CO data for the calendar year 1994 continue to
show no violations in the Raleigh/Durham and Charlotte areas. Because
the Raleigh/Durham and Charlotte areas have complete quality assured
data showing no more than one exceedance of the standard per year over
at least two consecutive years, the area has met the first statutory
criterion of attainment of the CO NAAQS (40 CFR 50.9 and Appendix C1).
North Carolina has committed to continue monitoring in this area in
accordance with 40 CFR Part 58.
2. Meeting Applicable Requirements of Section 110 and Part D
The 1990 CAA Amendments, modified section 110(a)(2) and, under Part
D, revised section 172 and added new requirements for all nonattainment
areas. Therefore, for purposes of redesignation, to meet the
requirement that the SIP contain all applicable requirements under the
CAA, EPA has reviewed the SIP to ensure that it contains all measures
that were due under the 1990 Amendments prior to or at the time the
State submitted its redesignation request.
A. Section 110 Requirements
Section 110 was amended by the 1990 Amendments. The North Carolina
SIP meets the requirements of amended section 110(a)(2). The State
implemented an Oxygenated Fuel program in the area of Raleigh/Durham
during the 1992 and 1993 winter seasons. The Charlotte area was not
required to implement an Oxygenated Fuels program. EPA has reviewed the
SIP and determined that it is consistent with the requirements of
amended section 110(a)(2).
B. Part D Requirements
Before Raleigh/Durham and Charlotte may be redesignated to
attainment, the applicable requirements of Part D must be fulfilled.
Subpart I of Part D sets forth the basic nonattainment requirements
applicable to all nonattainment areas, classified as well as
nonclassifiable. Subpart 3 of Part D establishes additional
requirements for nonattainment areas classified under section 186(a).
The Raleigh/Durham area was classified as moderate (See 40 CFR 81.334).
Therefore, in order to be redesignated to attainment, the State must
meet the applicable requirements of Subpart 1 of Part D, specifically
sections 172(c) and 176, and the requirements of Subpart 3 of Part D,
which became due on or before August 9, 1991, and October 7, 1994, the
dates the State submitted complete redesignation requests for Charlotte
and Raleigh/Durham, respectively. EPA interprets, according to section
107(d)(3)(E)(v) to mean that, for a redesignation request to be
approved, the State must have met all requirements that become
applicable to the subject area prior to or at time of the submission of
the redesignation request. Requirements of the CAA due subsequent to
the submission of the redesignation request will continue to be
applicable to the area (See section 175A(c)) until the redesignation
request is approved. If the redesignation is
[[Page 39260]]
disapproved, the State remains obligated to fulfill those requirements.
B1. Subpart 1 of Part D
Section 172(c) of Subpart 1 sets forth general requirements
applicable to all nonattainment areas. Under section 172(b), the
section 172(c) requirements are applicable as determined by the
Administrator but no later than three years after an area is designated
as nonattainment. Because the Raleigh/Durham area was designated as a
new CO nonattainment area on June 6, 1992, the section 172(c)
requirements are due by June 6, 1995. Therefore, the submission by
North Carolina of New Source Review and contingency measures required
under 172(c) are not yet due. To the extent the moderate CO
nonattainment area requirements of section 187(a) supersede the section
172(c) requirements, as is the case with emission inventories, North
Carolina has complied with those requirements.
B2. Subpart 1 of Part D
Section 176(c) of the CAA requires States to revise their SIPs to
establish criteria and procedures to ensure that Federal actions,
before they are taken, conform to the air quality planning goals in the
applicable SIP. The requirement to determine conformity applies to
general and transportation plans, programs and projects developed,
funded or approved under Title 23 U.S.C. or the Federal Transit Act
(``transportation conformity''). Section 176 further provides that the
conformity revisions to be submitted by States be consistent with
Federal conformity regulations that the CAA required EPA to promulgate.
Congress provided for the State revisions to be submitted one year
after the date for promulgation of final EPA conformity regulations.
When that date passed without such promulgation, EPA's General Preamble
for the Implementation of Title I informed States that the EPA
conformity regulations would establish a submittal date (see 57 FR
13498, 13557 (April 16, 1992)).
EPA promulgated final conformity regulations on November 24, 1993
(58 FR 62188)) and November 30, 1993 (58 FR 63214). These conformity
rules require that the States adopt both transportation and general
conformity provisions in the SIP for areas designated nonattainment or
subject to a maintenance plan approved under CAA section 175A. Pursuant
to section 51.396 of the transportation conformity rule and section
51.851 of the general conformity rule, the State of North Carolina is
required to submit a SIP revision containing transportation conformity
criteria and procedures consistent with those established in the
Federal rule by November 25, 1994. Similarly, North Carolina is
required to submit a SIP revision containing general conformity
criteria and procedures consistent with those established in the
Federal rule by December 1, 1994. On March 3, 1995, NCDEM submitted
general and transportation conformity regulations.
B3. Subpart 3 of Part D
Under section 187(a) areas designated nonattainment for CO under
the amended CAA and classified as moderate were required to meet
several requirements by November 15, 1992. Consequently, these
requirements are pertinent only for the Raleigh/Durham area. These
requirements included a 1990 Emission Inventory, an Inspection and
Maintenance Program (I/M), and an Oxygenated Fuel Program. EPA has
reviewed and is approving in this notice, North Carolina's 1990 Base
Year Emission Inventory. Section 211(m) further required North Carolina
to submit an oxygenated fuels regulation for the Raleigh/Durham area.
NCDEM submitted a complete Oxygenated Fuel SIP on November 20, 1992,
which was approved by EPA on June 30, 1994. On August 5, 1994, NCDEM
submitted a complete I/M SIP, which was approved by EPA on June 2,
1995. Therefore, all Subpart 3 requirements that were applicable at the
time the State submitted its redesignation request have been met.
3. Fully Approved SIP Under Section 110(k) of the CAA
Based on the approval of provisions under the preamended CAA and
EPA's approval of SIP revisions under the 1990 Amendments, EPA has
determined that the Raleigh/Durham and Charlotte areas have a fully
approved SIP under section 110(k), which also meets the applicable
requirements of section 110 and Part D as discussed above.
4. Improvement in Air Quality Due to Permanent and Enforceable
Measures
Under the pre-amended CAA, EPA approved the North Carolina SIP
control strategy for the Charlotte nonattainment area, satisfied that
the rules and the emission reductions achieved as a result of those
rules were enforceable. The control measures due to an I/M program
generates annual CO reductions of about 12 percent. The fleet turnover
under the Federal Motor Vehicle Emission Control Program produced
annual CO emission reductions of 6 percent. There were additional
emission reductions of 19 to 21 percent in the Raleigh/Durham area due
to the implementation of an Oxygenated Fuels program during the winter
seasons of 1992 and 1993.
In association with its emission inventory discussed below, the
State of North Carolina has demonstrated that actual enforceable
emission reductions are responsible for the air quality improvement and
that the CO emissions in the base year are not artificially low due to
local economic downturn. EPA finds that the combination of existing EPA
approved SIP and federal measures contribute to the permanence and
enforceability of reduction in ambient CO levels that have allowed the
area to attain the NAAQS.
5. Fully Approved Maintenance Plan Under Section 175A
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The plan must demonstrate continued attainment of the applicable NAAQS
for at least ten years after the Administrator approves a redesignation
to attainment. Eight years after the redesignation, the state must
submit a revised maintenance plan which demonstrates attainment for the
ten years following the initial ten-year period. To provide for the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, with a schedule for implementation
adequate to assure prompt correction of any air quality problems. In
this notice, EPA is approving the State of North Carolina's maintenance
plan for the Raleigh/Durham and Charlotte areas because EPA finds that
North Carolina's submittals meet the requirements of section 175A.
A. Emissions Inventory--Base Year Inventory
On November 16, 1992, the State of North Carolina submitted a
comprehensive inventory of CO emissions of the Raleigh/Durham and
Charlotte areas. The inventory includes emissions from area,
stationary, and mobile sources using 1990 as the base year for
calculations.
The State submittal contains the detailed inventory data and
summaries by county and source category. The comprehensive base year
emissions inventory was submitted in the National Emission Data System
format. The inventory was prepared in accordance with EPA guidance. It
also contains summary tables of the 1990 and 1991 base years and
projections to the year 2005 for the Charlotte and Raleigh/Durham
areas, respectively.
Year Area Nonroad Mobile Point Total
Year Area Nonroad Mobile Point Total
\1\ Oxygenated Fuel program in place (2.7Oxygen by weight).
\2\ Oxygenated Fuel program in place (2.0Oxygen by weight).
\3\ Oxygenated Fuel program in place (2.2Oxygen by weight).
\4\ Oxygenated Fuel program in place (2.6Oxygen by weight).
Charlotte Nonattainment Area CO Emissions Inventory Summary (Tons per day)
Year Area Nonroad Mobile Point Total
North Carolina--Carbon Monoxide
Designation Classification
-----------------------------------------------------------------------
Date \1\ Type Date \1\ Type
Statewide................... ........................... Unclassifiable/Attainment
*
Durham County............... September 18, 1995.
*
Mecklenburg County.......... September 18, 1995.
*
Wake County................. September 18, 1995.
*
\1\ This date is November 15, 1990, unless otherwise noted.