[Federal Register Volume 60, Number 215 (Tuesday, November 7, 1995)]
[Proposed Rules]
[Pages 56127-56129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27566]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC79-1-9606; FRL-5326-1]
Approval and Promulgation of Implementation Plans North Carolina:
Approval of Revisions to the Raleigh/Durham Carbon Monoxide (CO)
Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the North Carolina CO
Maintenance plan for the Raleigh/ Durham area. On October 18, 1995, the
State of North Carolina submitted a revision to the Raleigh/Durham CO
Maintenance plan, and requested EPA to parallel process the above
referenced
[[Page 56128]]
revision. This revision changes the projected emission inventory
previously published in the Federal Register by EPA on August 2, 1995.
Because the revised projections show the oxygenated fuels regulation is
not needed for maintenance of the CO standard, North Carolina is in the
process of removing regulations that require the use of oxygenated
fuels in the Raleigh/Durham area. The State has scheduled a public
hearing on November 20, 1995.
DATES: Comments on this proposed action must be received in writing by
December 7, 1995.
ADDRESSES: Written comments on this action should be addressed to
Benjamin Franco, at the EPA Regional Office listed below. Copies of the
documents relative to this action are available for public inspection
during normal business hours at the following locations:
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: Interested persons wanting to examine
documents relative to this action should make an appointment with the
Region 4 Air Programs Branch at least 24 hours before the visiting day.
To schedule the appointment or to request additional information,
contact Benjamin Franco, Regulatory Planning and Development Section,
Air Programs Branch, Air, Pesticides & Toxics Management Division, EPA
Region 4, 345 Courtland Street NE., Atlanta, Georgia 30365. The
telephone number is 404/347-3555, extension 4211. Reference file NC79-
1-9606.
SUPPLEMENTARY INFORMATION: 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 National Ambient Air Quality Standard
(NAAQS) for at least ten years after the Administrator approves a
redesignation to attainment. 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.
On October 7, 1994, the North Carolina Department of Environmental
Management (NCDEM) submitted a redesignation request and maintenance
plan for the Raleigh/Durham CO nonattainment area. On August 2, 1995,
EPA published in the Federal Register a final rule making effective on
September 18, 1995, a maintenance plan and redesignation of Raleigh/
Durham to attainment for CO. The above approved maintenance required
the use of a 2.0% oxygenated fuel program.
Subsequently, on October 18, 1995, NCDEM submitted a request to
parallel process a proposed revision to the Raleigh/Durham CO
maintenance plan. This revision requested the removal of the Oxygenated
Fuel program from the maintenance plan. Due to a change in the
methodology used to calculate this projection, NCDEM has revised their
projected vehicle miles travelled (VMT) in Wake and Durham Counties.
The conclusion that oxygenated fuel was necessary to maintain the CO
standard was based on a VMT projection methodology that segregated the
road types into rural and urban categories. This methodology resulted
in an annual growth rate for urban road types of 5.5 to 6.5 percent in
Wake and Durham Counties. A major concern with this methodology, not
recognized at the time the original maintenance plan was developed, was
the reassignment of rural roads to urban roads. During the six year
window of VMT data, a significant amount of rural road mileage was
reassigned by the North Carolina Department of Transportation to urban
road mileage as the urban boundaries of Raleigh and Durham were
expanded. The result from this analysis was an apparent higher urban
VMT growth rate than was actually occurring.
A revised analysis has been performed using a projection
methodology that projects VMT on a county total basis. The resulting
annual VMT growth rate for both counties is approximately 3.5 percent.
Due to lower projected highway mobile CO emissions, the CO standard can
be maintained without the continued use of oxygenated gasoline in the
Raleigh/Durham area. Therefore, EPA is allowing the removal of the
Oxygenated Fuel program starting in the 95-96 winter season. The State
has moved the program to the contingency plan. In addition, NCDEM made
changes to the contingency plan requiring an analysis of necessary
control measures prior to implementation of any pre-adopted control
measures.
Demonstration of Maintenance--Projected Inventories
Total CO emissions were projected from 1991 out to 2005 for the
Raleigh/Durham area. These projected inventories were prepared in
accordance with EPA guidance. In this notice, EPA is proposing to
approve the revised emission budget. This budget is based on the best
available information, and shows attainment for 10 years.
Raleigh/Durham Nonattainment Area, CO Emissions Summary
[Tons per day]
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Year Area Nonroad Mobile Point Total
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1991........................................... 57.12 5.22 569.82 1.00 633.16
1993 *......................................... 57.60 5.58 434.87 1.01 499.06
1996........................................... 60.01 6.25 538.09 1.08 605.43
1999........................................... 63.45 7.18 522.31 1.13 594.07
2002........................................... 65.90 8.08 526.55 1.16 601.69
2005........................................... 67.87 8.98 543.84 1.20 621.89
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* Oxygenated Fuel program in place (2.7% Oxygen by weight).
Proposed Action
In this document, EPA is proposing approval of revisions to the
State of North Carolina's CO maintenance plan for the Raleigh/Durham
area.
Under the Regulatory Flexibility Act, 5 U.S.C. 601 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, and in
fact is expected to decrease compliance costs and decrease costs to
consumers in the affected areas. Small entities include small
businesses,
[[Page 56129]]
small not-for-profit enterprises, and government entities with
jurisdiction over populations of less than 50,000.
Unfunded Mandates
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
These rules may bind State, local and tribal governments to perform
certain actions and also require the private sector to perform certain
duties. EPA has examined whether the rules being proposed for approval
by this action would impose no new requirements, since such sources are
already subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action, and therefore there will be no
significant impact on a substantial number of small entities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: October 27, 1995.
Michael V. Payton,
Acting Regional Administrator.
[FR Doc. 95-27566 Filed 11-6-95; 8:45 am]
BILLING CODE 6560-50-P
