94-8967. Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of North Carolina  

  • [Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-8967]
    
    
    [[Page Unknown]]
    
    [Federal Register: April 18, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Parts 52 and 81
    
    [NC58-2-6082; FRL-4856-1]
    
     
    
    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: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: On November 13, 1992, the State of North Carolina, through the 
    North Carolina Department of Environment, Health, and Natural Resources 
    (NCDEHNR), submitted a maintenance plan and a request to redesignate 
    the Raleigh/Durham area (classified as a moderate nonattainment area) 
    from nonattainment to attainment for ozone (O3). The O3 
    nonattainment area includes the following counties: Durham, Wake, and 
    the Dutchville Township portion of Granville. Under the Clean Air Act, 
    designations can be changed if sufficient data are available to warrant 
    such changes. In this action, EPA is approving the State of North 
    Carolina's submittal because it meets the maintenance plan and 
    redesignation requirements. The approved maintenance plan will become a 
    federally enforceable part of the SIP for the Raleigh/Durham area.
        On January 15, 1993, in a letter from Patrick Tobin to Governor 
    James Hunt, the EPA notified the State of North Carolina that the EPA 
    had made a finding of failure to submit required programs for the 
    nonattainment area. EPA's redesignation of the Raleigh/Durham area to 
    attainment abrogates those requirements for this area. Therefore, the 
    sanctions and federal implementation plan clocks begun by those 
    findings are stopped at the time of the redesignation.
    
    EFFECTIVE DATE: This final rule will be effective June 17, 1994, unless 
    notice is received by May 18, 1994, that someone wishes to submit 
    adverse or critical comments. If the effective date is delayed, timely 
    notice will be published in the Federal Register.
    
    ADDRESSES: Written comments should be sent to Bill Eckert at the EPA 
    address in Atlanta, Georgia 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. EPA's technical support document (TSD) is available for public 
    review during normal business hours at the EPA addresses listed below.
    
    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 IV, Air Programs Branch, 345 
    Courtland Street NE., Atlanta, GA 30365
    North Carolina Department of Environment, Health, and Natural 
    Resources, Division of Environmental Management, 512 North Salisbury 
    Street, Raleigh, NC 27604
    
    FOR FURTHER INFORMATION CONTACT: Bill Eckert of the EPA Region IV Air 
    Programs Branch at (404) 347-2864 and at the Region IV address.
    
    SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act 
    Amendments of 1990 (CAA) were enacted. (Pub. L. 101-549, 104 Stat. 
    2399, codified at 42 U.S.C. 7401-7671q.) Under section 107(d)(1), in 
    conjunction with the Governor of North Carolina, EPA designated the 
    Raleigh/Durham area as nonattainment because the area violated the 
    O3 standard during the period from 1987 through 1989. Furthermore, 
    upon designation, the Raleigh/Durham area was classified as moderate 
    under section 181(a)(1). (See 56 FR 56694 (November 6, 1991) and 57 FR 
    56762 (November 30, 1992), codified at 40 CFR 81.334.)
        The Raleigh/Durham area more recently has ambient monitoring data 
    that show no violations of the O3 National Ambient Air Quality 
    Standards (NAAQS), during the period from 1989 through 1992. Therefore, 
    in an effort to comply with the CAA and to ensure continued attainment 
    of the NAAQS, on November 13, 1992, the State of North Carolina 
    submitted for parallel processing an O3 maintenance SIP for the 
    Raleigh/Durham area and requested redesignation of the area to 
    attainment with respect to the O3 NAAQS. On January 13, 1993, the 
    NCDEHNR submitted evidence that a public hearing was held on the 
    maintenance plan and on July 8, 1993, the maintenance plan became State 
    effective. In addition, there have been no violations reported for the 
    1993 O3 season.
        On August 11, 1993, Region IV determined that the information 
    received from the NCDEHNR constituted a complete redesignation request 
    under the general completeness criteria of 40 CFR part 51, appendix V, 
    sections 2.1 and 2.2. However, for purposes of determining what 
    requirements are applicable for redesignation purposes, EPA believes it 
    is necessary to identify when NCDEHNR first submitted a redesignation 
    request that meets the completeness criteria. EPA noted in a previous 
    policy memorandum that parallel processing requests for submittals 
    under the CAA, including redesignation submittals, would not be 
    determined complete. See the memorandum entitled ``State Implementation 
    Plan (SIP) Actions Submitted in Response to Clean Air Act (Act) 
    Deadlines'' from John Calcagni to Air Programs Division Directors, 
    Regions I-X, dated October 28, 1992 (Memorandum). The rationale for 
    this conclusion was that the parallel processing exception to the 
    completeness criteria (40 CFR part 51, appendix V, section 2.3) was not 
    intended to extend statutory due dates for mandatory submittals. (See 
    Memorandum at 3-4.) However, since requests for redesignation are not 
    mandatory submittals under the CAA, EPA believes that it must change 
    its policy with respect to redesignation submittals to conform to the 
    existing completeness criteria. Therefore, EPA believes, the parallel 
    processing exception to the completeness criteria may be applied to 
    redesignation request submittals, at least until such time as the EPA 
    decides to revise that exception. NCDEHNR submitted a redesignation 
    request on November 13, 1992. In the November 13 submittal, NCDEHNR 
    submitted the maintenance plan, thereby including the final element to 
    make the November 13, 1992, request for parallel processing complete 
    under the parallel processing exception to the completeness criteria. 
    When the maintenance plan became state effective on July 8, 1993, the 
    State of North Carolina no longer needed parallel processing for the 
    redesignation request and maintenance plan. Therefore, the EPA informed 
    the State of North Carolina on August 11, 1993, that the redesignation 
    request and maintenance plan submittals were complete under the general 
    completeness criteria.
        The North Carolina redesignation request for the Raleigh/Durham 
    area meets the five requirements of section 107(d)(3)(E) for 
    redesignation to attainment. The following is a brief description of 
    how the State of North Carolina 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.
    
    1. The Area Must Have Attained the O3 NAAQS
    
        The State of North Carolina's request is based on an analysis of 
    quality assured ambient air quality monitoring data which is relevant 
    to the maintenance plan and to the redesignation request. Most recent 
    ambient air quality monitoring data for calendar year 1989 through 
    calendar year 1992 show an expected exceedence rate of less than 1.0 
    per year of the O3 NAAQS in the Raleigh/Durham area. (See 40 CFR 
    50.9 and appendix H.) Because the Raleigh/Durham area has complete 
    quality-assured data showing no violations of the standard over the 
    most recent consecutive three calendar year period, the Raleigh/Durham 
    area has met the first statutory criterion of attainment of the O3 
    NAAQS. In addition, there were no violations reported for the 1993 
    O3 season. The State of North Carolina has committed to continue 
    monitoring in this area in accordance with 40 CFR part 58.
    
    2. The Area Has Met All Applicable Requirements Under Section 110 
    and Part D of the Act
    
        On April 17, 1980, and on September 10, 1980, EPA fully approved 
    North Carolina's SIP as meeting the requirements of section 110(a)(2) 
    and part D of the 1977 CAA (45 FR 26038 and 45 FR 59578). The amended 
    CAA, however, revised 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 reviewed 
    the North Carolina SIP to ensure that it contained all measures due 
    under the amended CAA prior to or at the time the State of North 
    Carolina submitted its redesignation request.
    
    A. Section 110 Requirements
    
        Although section 110 was amended, the Raleigh/Durham area SIP meets 
    the requirements of amended section 110(a)(2). A number of the 
    requirements did not change in substance and, therefore, EPA believes 
    that the pre-amendment SIP met these requirements. As to those 
    requirements that were amended, see 57 FR 27936 and 57 FR 27939 (June 
    23, 1992), many are duplicative of other requirements of the CAA. EPA 
    has analyzed the SIP and determined that it is consistent with the 
    requirements of amended section 110(a)(2).
    
    B. Part D Requirements
    
        Before the Raleigh/Durham area may be redesignated to attainment, 
    it also must have fulfilled the applicable requirements of part D. 
    Under part D, an area's classification indicates the requirements to 
    which it will be subject. Subpart 1 of part D sets forth the basic 
    nonattainment requirements applicable to all nonattainment areas, 
    classified as well as nonclassifiable. Subpart 2 of part D establishes 
    additional requirements for O3 nonattainment areas classified 
    under table 1 of section 181(a). The Raleigh/Durham area is classified 
    as moderate (See 56 FR 56694, codified at 40 CFR 81.334). The State of 
    North Carolina submitted their request for redesignation of the 
    Raleigh/Durham area prior to November 15, 1992. Therefore, in order to 
    be redesignated to attainment, the State of North Carolina must meet 
    the applicable requirements of subpart 1 of part D, specifically 
    sections 172(c) and 176, and the requirements of subpart 2 of part D, 
    which became due on or before November 13, 1992, the date the State 
    submitted a complete redesignation request.
    B1. Subpart 1 of Part D--Section 172
        Section 172(c) 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. 
    EPA had not determined that these requirements were applicable to 
    classified O3 nonattainment areas on or before November 13, 1992, 
    the date that the State of North Carolina submitted a complete 
    redesignation request for the Raleigh/Durham area. Therefore, the State 
    of North Carolina was not required to meet these requirements for 
    purposes of redesignation.
        Upon redesignation of this area to attainment, the Prevention of 
    Significant Deterioration (PSD) provisions contained in part C of title 
    I are applicable. On December 30, 1976, and on February 23, 1982, the 
    EPA approved the State of North Carolina's PSD program (41 FR 56805 and 
    47 FR 78376).
    B2. Subpart 1 of Part D--Section 176 Conformity Plan Provisions
        Section 176 of the CAA requires States to develop transportation/
    air quality conformity procedures which are consistent with federal 
    conformity regulations. Section 176 provides that EPA must develop 
    federal conformity regulations, requiring states to submit these 
    procedures as a SIP revision by November 15, 1992. EPA promulgated 
    final conformity regulations on November 24, 1993 (transportation 
    conformity) and November 30, 1993 (general conformity). Since it was 
    impossible to establish a SIP revision date of November 15, 1992, in 
    these regulations, EPA established a regulatory submittal date of one 
    year after promulgation of the conformity regulations. The State of 
    North Carolina has committed in their maintenance plan to revise the 
    SIP to be consistent with the final federal regulations. In addition, 
    the State Air Quality Section will work closely with the State 
    Department of Transportation (DOT) and local transportation agencies to 
    assure that Transportation Improvement Programs (TIPs) in the 
    maintenance areas are consistent with and conform to the SIP and meet 
    federal requirements on conformity. This review process is being 
    extended to include all major projects regardless of source of funding, 
    as well as all federally funded projects. A complete description of the 
    conformity review process is included in the TSD prepared for this 
    notice.
    B3. Subpart 2 of Part D
        Under section 182(a)(2)(A) areas that retained a designation of 
    nonattainment for O3 under the amended CAA and that are classified 
    as marginal or above were required to fix their pre-amendment VOC RACT 
    SIPs. North Carolina was not required to submit VOC RACT fixups for 
    purposes of redesignating the Raleigh/Durham area because the Raleigh/
    Durham area was not nonattainment before the 1990 amendments to the 
    CAA.
        Under section 182(b), several requirements were due for moderate 
    O3 nonattainment areas on November 15, 1992, such as VOC RACT 
    catch-ups, Gasoline Vapor Recovery, New Source Review, and Emission 
    Statements. North Carolina failed to submit these measures for the 
    Raleigh/Durham area. On January 15, 1993, EPA made a finding of failure 
    to submit these measures by letter from Patrick M. Tobin, Acting 
    Regional Administrator, to James B. Hunt, Jr., Governor of North 
    Carolina. However these requirements are not applicable for purposes of 
    considering the State's redesignation request. For purposes of 
    redesignation, EPA must consider whether the State has met all 
    requirements that were applicable prior to the time the state submitted 
    the redesignation request. Since North Carolina submitted the 
    redesignation request for Raleigh/Durham on November 13, 1992, these 
    measures are not relevant for purposes of redesignation. Therefore, all 
    subpart 2 requirements that were applicable at the time the State 
    submitted its redesignation request have been met.
    
    3. The Area Has a Fully Approved SIP Under Section 110(k) of the 
    CAA
    
        Based on the approval of provisions under the pre-amended CAA and 
    EPA's prior approval of SIP revisions under the amended CAA, EPA has 
    determined that the Raleigh/Durham area has a fully approved SIP under 
    section 110(k), which also meets the applicable requirements of section 
    110 and part D as discussed above.
    
    4. The Air Quality Improvement Must Be Permanent and Enforceable
    
        Several control measures have come into place since the Raleigh/
    Durham area violated the O3 NAAQS. Of these control measures, two 
    control measures produced the most significant decreases in VOC and 
    NOX emissions. One control measure is a reduction of fuel 
    volatility, as measured by the Reid Vapor Pressure (RVP), from 10.1 psi 
    in 1988 to 9.0 psi in 1990 and then to 7.8 psi in the summer of 1992. 
    As a result of the RVP reductions, there has been a reduction of 
    emissions of VOCs of more than 25% from 1988 to 1992 from gasoline 
    powered vehicles of all classes. The other control measure is the 
    improvement in tailpipe emissions associated with the Federal Motor 
    Vehicle Control Program (FMVCP). This program reduces VOC and NOX 
    emissions as newer, cleaner vehicles replace older, high emitting 
    vehicles. VOC emissions reductions are 20.9% from 1988 to 1990 and 
    NOX emissions reductions are 2.7% from 1988 to 1990.
        In association with its emission inventory discussed below, the 
    State of North Carolina has demonstrated that actual enforceable 
    emission reductions are responsible for the recent air quality 
    improvement and that the VOC emissions in the base year are not 
    artificially low due to local economic downturn.
    
    5. The Area Must Have a Fully Approved Maintenance Plan Pursuant to 
    Section 175A of the Act
    
        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 area because EPA finds that the 
    State of North Carolina's submittal meets the requirements of section 
    175A.
    
    A. Emissions Inventory--Base Year Inventory
    
        On November 13, 1992, the State of North Carolina submitted 
    comprehensive inventories of VOC, NOX, and CO emissions from the 
    Raleigh/Durham area. The inventories included biogenic, area, 
    stationary, and mobile sources using 1990 as the base year for 
    calculations to demonstrate maintenance. The 1990 inventory is 
    considered representative of attainment conditions because the NAAQS 
    was not violated during 1990. The 1990 Base Year Emission Inventory for 
    the Raleigh/Durham area has been submitted to EPA in SIP Air Pollutant 
    Inventory Management Subsystem (SAMS) format.
        The State of North Carolina submittal contains the detailed 
    inventory data and summaries by county and source category. This 
    comprehensive base year emissions inventory was submitted in the SAMS 
    format. Finally, this inventory was prepared in accordance with EPA 
    guidance. A summary of the base year and projected maintenance year 
    inventories are shown in the following three tables. Refer to the TSD 
    prepared for this notice for more in-depth details regarding the base 
    year inventory for the Raleigh/Durham area.
    
                                             VOC Emission Inventory Summary                                         
                                                     [Tons per day]                                                 
    ----------------------------------------------------------------------------------------------------------------
                                                            1990      1993      1996      1999      2002      2004  
    ----------------------------------------------------------------------------------------------------------------
    Point...............................................     12.46     10.05     10.15     10.57     11.03     10.67
    Area................................................    164.50    162.68    164.10    165.37    167.86    169.74
    Mobile..............................................     85.03     65.37     68.40     72.70     76.39     79.18
                                                         ===========================================================
          Total.........................................    261.99    238.10    242.65    248.64    255.28    259.59
    ----------------------------------------------------------------------------------------------------------------
    
    
                                             NOX Emission Inventory Summary                                         
                                                     [Tons per day]                                                 
    ----------------------------------------------------------------------------------------------------------------
                                                            1990      1993      1996      1999      2002      2004  
    ----------------------------------------------------------------------------------------------------------------
    Point...............................................      3.55      3.74      3.93      4.15      4.28      4.39
    Area................................................      0.18      0.18      0.18      0.18      0.18      0.18
    Mobile..............................................     89.22     78.86     83.60     83.83     81.35     82.24
                                                         ===========================================================
          Total.........................................     92.95     82.78     87.71     88.16     85.81     86.81
    ----------------------------------------------------------------------------------------------------------------
    
    
                                              CO Emission Inventory Summary                                         
                                                     [Tons per day]                                                 
    ----------------------------------------------------------------------------------------------------------------
                                                            1990      1993      1996      1999      2002      2004  
    ----------------------------------------------------------------------------------------------------------------
    Point...............................................      1.00      1.05      1.10      1.15      1.20      1.22
    Area................................................     32.54     32.58     32.61     32.65     32.68     32.70
    Mobile..............................................    624.97    497.74    514.10    531.51    560.27    583.27
                                                         ===========================================================
          Total.........................................    658.51    531.37    547.81    565.31    594.15    617.19
    ----------------------------------------------------------------------------------------------------------------
    
    B. Demonstration of Maintenance--Projected Inventories
    
        Total VOC, NOX, and CO emissions were projected from the 1990 
    base year out to 2004. These projected inventories were prepared in 
    accordance with EPA guidance. Refer to EPA's TSD prepared for this 
    notice for more in-depth details regarding the projected inventory for 
    the Raleigh/Durham area.
        On January 12, 1994, the State of North Carolina submitted 
    supplemental projection inventories. The State recalculated growth 
    rates to include 1992 Vehicle Miles Traveled (VMT) data received in 
    late 1993 from the North Carolina Department of Transportation. The 
    projections indicate that VOC, NOx, and CO emissions remain under 
    the 1990 baseline emission inventory from 1990 through 2004. EPA 
    believes that the emissions projections demonstrate that the area will 
    continue to maintain the O3 NAAQS because this area achieved 
    attainment through VOC controls and reductions. The projected emission 
    inventories were submitted in the SAMS format.
    
    C. Verification of Continued Attainment
    
        Continued attainment of the O3 NAAQS in the Raleigh/Durham 
    area depends, in part, on the State of North Carolina's efforts toward 
    tracking indicators of continued attainment during the maintenance 
    period. The State of North Carolina's contingency plan is triggered by 
    two indicators, an air quality violation or the periodic emissions 
    inventory exceeding the baseline emission inventory by more than 10%. 
    As stated in the maintenance plan, the NCDEHNR will be developing these 
    periodic emissions inventories every three years beginning in 1996. 
    These periodic inventories will help to verify continued attainment. 
    Refer to the TSD prepared for this notice for a more complete 
    discussion of the indicators the State is tracking and the contingency 
    measures.
    
    D. Contingency Plan
    
        The level of VOC and NOx emissions in the Raleigh/Durham area 
    will largely determine its ability to stay in compliance with the 
    O3 NAAQS in the future. Despite the State's best efforts to 
    demonstrate continued compliance with the NAAQS, the ambient air 
    pollutant concentrations may exceed or violate the NAAQS. Therefore, 
    the State of North Carolina has provided contingency measures with a 
    schedule for implementation in the event of a future O3 air 
    quality problem. The plan contains a contingency to implement pre-
    adopted additional control measures such as Reasonable Available 
    Control Technology (RACT) level control for not previously controlled 
    VOC sources, Stage II vapor control for gasoline dispensing facilities, 
    and new source permit requirements for VOC and NOx emissions to 
    include emission offsets, Lowest Achievable Emission Rate (LAER) level 
    control, and permit applicability. These pre-adopted additional 
    measures will be implemented within 45 days of the date the State 
    certifies to EPA that the air quality data which demonstrates a 
    violation of the O3 NAAQS is quality assured. The plan also 
    contains a secondary trigger that will apply where no actual violation 
    of the NAAQS has occurred. The secondary trigger is an exceedance of 
    the baseline emissions inventory by more than 10%. On the occurrence of 
    the secondary trigger, the State will commence, within 60 days of the 
    trigger, regulation development and adoption of measures amending the 
    State vehicle inspection and maintenance (I/M) program, extending 
    coverage of the I/M program, extending and/or lowering vapor pressure 
    limits for gasoline, extending geographic coverage of RACT controls, 
    transportation control measures, and RACT level control for NOx. A 
    complete description of these contingency measures and their triggers 
    can be found in the TSD prepared for this notice. EPA finds that the 
    contingency measures provided in the State of North Carolina submittal 
    meet the requirements of section 175A(d) of the CAA.
    
    E. Subsequent Maintenance Plan Revisions
    
        In accordance with section 175A(b) of the CAA, the State of North 
    Carolina has agreed to submit a revised maintenance SIP eight years 
    after the area is redesignated to attainment. Such revised SIP will 
    provide for maintenance for an additional ten years.
    
    Final Action
    
        In this final action, EPA is approving the Raleigh/Durham O3 
    maintenance plan, including the 1990 base year emission inventory, 
    because it meets the requirements of section 175A. In addition, the EPA 
    is redesignating the Raleigh/Durham area to attainment for O3 
    because the State of North Carolina has demonstrated compliance with 
    the requirements of section 107(d)(3)(E) for redesignation. This action 
    stops the sanctions and federal implementation plan clocks that were 
    triggered for the Raleigh/Durham area by the January 15, 1993, findings 
    letter. Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    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.
        The O3 SIP is designed to satisfy the requirements of part D 
    of the CAA and to provide for attainment and maintenance of the O3 
    NAAQS. This final redesignation should not be interpreted as 
    authorizing the State of North Carolina to delete, alter, or rescind 
    any of the VOC or NOx emission limitations and restrictions 
    contained in the approved O3 SIP. Changes to O3 SIP VOC 
    regulations rendering them less stringent than those contained in the 
    EPA approved plan cannot be made unless a revised plan for attainment 
    and maintenance is submitted to and approved by EPA. Unauthorized 
    relaxations, deletions, and changes could result in a finding of 
    nonimplementation (section 173(b) of the CAA) or in a SIP deficiency 
    call made pursuant to section 110(a)(2)(H) of the CAA.
        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 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.
        Redesignation of an area to attainment under section 107(d)(3)(E) 
    of the CAA does not impose any new requirements on small entities. 
    Redesignation is an action that affects the status of a geographical 
    area and does not impose any regulatory requirements on sources. The 
    Administrator certifies that the approval of the redesignation request 
    will not affect a substantial number of small entities.
        This action is being taken without prior proposal because the 
    changes are noncontroversial and EPA anticipates no significant 
    comments on them. The public should be advised that this action will be 
    effective June 17, 1994. If, however, notice is received by May 18, 
    1994 that someone wishes to submit adverse or critical comments, this 
    action will be withdrawn and two subsequent notices will be published 
    before the effective date. One will withdraw the final action and the 
    other will begin a new rulemaking by announcing a comment period.
        Under section 307(b)(1) of the CAA, 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 June 17, 
    1994. 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 CAA, 42 U.S.C. 7607 (b)(2).)
        This action has been classified as a Table 2 action by the Regional 
    Administrator under the procedures published in the Federal Register on 
    January 19, 1989, (54 FR 2214-2225) as revised by a Memorandum from 
    Michael H. Shapiro to Regional Administrators, dated October 4, 1993. 
    On January 6, 1989, the Office of Management and Budget (OMB) waived 
    Table 2 and 3 SIP revisions (54 FR 2222) from the requirements of 
    section 3 of Executive Order 12291 for two years. The U.S. EPA has 
    submitted a request for a permanent waiver for Table 2 and Table 3 SIP 
    revisions. OMB has agreed to continue the temporary waiver until such 
    time as it rules on EPA's request. This request continues in effect 
    under Executive Order 12866 which superseded Executive Order 12291 on 
    September 30, 1993.
        Nothing in this action shall be construed as permitting or allowing 
    or establishing a precedent for any future request for a revision to 
    any state implementation plan. Each request for revision to the state 
    implementation plan shall be considered separately in light of specific 
    technical, economic, and environmental factors and in relation to 
    relevant statutory and regulatory requirements.
    
    List of Subjects
    
    40 CFR Part 52
    
        Air pollution control, Hydrocarbons, Incorporation by reference, 
    Intergovernmental relations, and Ozone.
    
    40 CFR Part 81
    
        Air pollution control, National parks, and Wilderness areas.
    
        Dated: March 11, 1994.
    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.
    
        2. Section 52.1770 is amended by adding paragraph (c)(67) to read 
    as follows:
    
    
    Sec. 52.1770  Identification of plan.
    
    * * * * *
        (c) * * *
        (67) The maintenance plan and emission inventory for the Raleigh/
    Durham Area which includes Durham County, Wake County, and the 
    Dutchville Township portion of Granville County submitted by the North 
    Carolina Department of Environment, Health, and Natural Resources on 
    November 13, 1992, and June 1, 1993, as part of the North Carolina SIP.
        (i) Incorporation by reference.
        (A) Supplement to the Redesignation Demonstration and Maintenance 
    Plan for the Greensboro/Winston-Salem/High Point and Raleigh/Durham 
    Ozone Attainment Areas submitted June 1, 1993, and Prepared by the 
    North Carolina Department of Environment, Health, and Natural 
    Resources, Division of Environmental Management, Air Quality Section. 
    The effective date is July 8, 1993.
        (1) Section 2--Discussion of Attainment.
        (2) Section 3--Maintenance Plan.
        (3) Raleigh/Durham Nonattainment Area Emission Summary for 1990.
        (4) Raleigh/Durham Nonattainment Area Emission Summary for 1993.
        (5) Raleigh/Durham Nonattainment Area Emission Summary for 1996.
        (6) Raleigh/Durham Nonattainment Area Emission Summary for 1999.
        (7) Raleigh/Durham Nonattainment Area Emission Summary for 2002.
        (8) Raleigh/Durham Nonattainment Area Emission Summary for 2004.
        (ii) Other material. None
    
    Part 81--[AMENDED]
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42.U.S.C. 7401-7671q.
    
        2. Section 81.334, is amended by revising the attainment status 
    designation table for ozone to read as follows:
    
    
    Sec. 81.334  North Carolina.
    
    * * * * *
    
                                                 North Carolina--Ozone                                              
    ----------------------------------------------------------------------------------------------------------------
                                                  Designation                               Classification          
                              --------------------------------------------------------------------------------------
                                                                                   Date\1\                          
                                       Date\1\                     Type                                             
    ----------------------------------------------------------------------------------------------------------------
    Charlotte-Gastonia Area:                                                                                        
        Gaston County........  ........................  Nonattainment...........  .......  Moderate.               
        Mecklenburg County...  ........................  Nonattainment...........  .......  Moderate.               
    Rest of State............  ........................  Unclassifiable/Attainmen                                   
                                                          t.                                                        
    Alamance County..........                                                                                       
    Alexander County.........                                                                                       
    Alleghany County.........                                                                                       
    Anson County.............                                                                                       
    Ashe County..............                                                                                       
    Avery County.............                                                                                       
    Beaufort County..........                                                                                       
    Bertie County............                                                                                       
    Bladen County............                                                                                       
    Brunswick County.........                                                                                       
    Buncombe County..........                                                                                       
    Burke County.............                                                                                       
    Cabarrus County..........                                                                                       
    Caldwell County..........                                                                                       
    Camden County............                                                                                       
    Carteret County..........                                                                                       
    Caswell County...........                                                                                       
    Catawba County...........                                                                                       
    Chatham County...........                                                                                       
    Cherokee County..........                                                                                       
    Chowan County............                                                                                       
    Clay County..............                                                                                       
    Cleveland County.........                                                                                       
    Columbus County..........                                                                                       
    Craven County............                                                                                       
    Cumberland County........                                                                                       
    Currituck County.........                                                                                       
    Dare County..............                                                                                       
    Davidson County..........  September 9, 1993.......                                                             
    Davie County.............  September 9, 1993.......                                                             
    Durham County............  June 17, 1994...........                                                             
    Duplin County............                                                                                       
    Edgecombe County.........                                                                                       
    Forsyth County...........  September 9, 1993.......                                                             
    Franklin County..........                                                                                       
    Gates County.............                                                                                       
    Graham County............                                                                                       
    Granville County.........  June 17, 1994...........                                                             
    Greene County............                                                                                       
    Guilford County..........  September 9, 1993.......                                                             
    Halifax County...........                                                                                       
    Harnett County...........                                                                                       
    Haywood County...........                                                                                       
    Henderson County.........                                                                                       
    Hertford County..........                                                                                       
    Hoke County..............                                                                                       
    Hyde County..............                                                                                       
    Iredell County...........                                                                                       
    Jackson County...........                                                                                       
    Johnston County..........                                                                                       
    Jones County.............                                                                                       
    Lee County...............                                                                                       
    Lenoir County............                                                                                       
    Lincoln County...........                                                                                       
    McDowell County..........                                                                                       
    Macon County.............                                                                                       
    Madison County...........                                                                                       
    Martin County............                                                                                       
    Mitchell County..........                                                                                       
    Montgomery County........                                                                                       
    Moore County.............                                                                                       
    Nash County..............                                                                                       
    New Hanover County.......                                                                                       
    Northhampton County......                                                                                       
    Onslow County............                                                                                       
    Orange County............                                                                                       
    Pamlico County...........                                                                                       
    Pasquotank County........                                                                                       
    Pender County............                                                                                       
    Perquimans County........                                                                                       
    Person County............                                                                                       
    Pitt County..............                                                                                       
    Polk County..............                                                                                       
    Randolph County..........                                                                                       
    Richmond County..........                                                                                       
    Robeson County...........                                                                                       
    Rockingham County........                                                                                       
    Rowan County.............                                                                                       
    Rutherford County........                                                                                       
    Sampson County...........                                                                                       
    Scotland County..........                                                                                       
    Stanly County............                                                                                       
    Stokes County............                                                                                       
    Surry County.............                                                                                       
    Swain County.............                                                                                       
    Transylvania County......                                                                                       
    Tyrrell County...........                                                                                       
    Union County.............                                                                                       
    Vance County.............                                                                                       
    Wake County..............  June 17, 1994...........                                                             
    Warren County............                                                                                       
    Washington County........                                                                                       
    Watauga County...........                                                                                       
    Wayne County.............                                                                                       
    Wilkes County............                                                                                       
    Wilson County............                                                                                       
    Yadkin County............                                                                                       
    Yancey County ...........                                                                                       
    ----------------------------------------------------------------------------------------------------------------
    \1\This date is November 15, 1990, unless otherwise noted.                                                      
    
    * * * * *
    [FR Doc. 94-8967 Filed 4-15-94; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
6/17/1994
Published:
04/18/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-8967
Dates:
This final rule will be effective June 17, 1994, unless notice is received by May 18, 1994, that someone wishes to submit adverse or critical comments. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: April 18, 1994, NC58-2-6082, FRL-4856-1
CFR: (2)
40 CFR 52.1770
40 CFR 81.334