95-18881. Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of North Carolina  

  • [Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
    [Rules and Regulations]
    [Pages 39258-39263]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-18881]
    
    
    
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    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.
    
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    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.
        1. The area must have attained the applicable NAAQS;
        2. The area must meet all applicable requirements under section 110 
    and Part D of the CAA;
        3. The area must have a fully approved state implementation plan 
    under section 110(k) of CAA;
        4. The air quality improvement must be permanent and enforceable; 
    and,
        5. 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.
    
    1. 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.
    
                                                                            
    
    [[Page 39261]]
                 1990 CO Base Year Emissions Inventory Raleigh/Durham Nonattainment Area (Tons per day)             
    ----------------------------------------------------------------------------------------------------------------
                  Year                    Area           Nonroad         Mobile           Point           Total     
    ----------------------------------------------------------------------------------------------------------------
    1990...........................           40.57            5.03         594.671            .977          641.25 
    ----------------------------------------------------------------------------------------------------------------
    
    
    
                     Raleigh/Durham Nonattainment Area CO Emissions Inventory Summary (Tons per day)                
    ----------------------------------------------------------------------------------------------------------------
                  Year                     Area           Nonroad         Mobile           Point           Total    
    ----------------------------------------------------------------------------------------------------------------
    1991............................           57.12            5.22          569.82            1.00          633.16
    1993 \1\........................           57.60            5.58          419.68            1.01          483.87
    1996 \2\........................           60.01            6.25          483.50            1.08          550.84
    1999 \2\........................           63.45            7.18          507.5             1.13          579.26
    2002 \3\........................           65.90            8.08          530.8             1.16          605.94
    2005 \4\........................           67.87            8.98          552.80            1.20          630.85
    ----------------------------------------------------------------------------------------------------------------
    \1\ Oxygenated Fuel program in place (2.7% Oxygen by weight).                                                   
    \2\ Oxygenated Fuel program in place (2.0% Oxygen by weight).                                                   
    \3\ Oxygenated Fuel program in place (2.2% Oxygen by weight).                                                   
    \4\ Oxygenated Fuel program in place (2.6% Oxygen by weight).                                                   
    
    
                       Charlotte Nonattainment Area CO Emissions Inventory Summary (Tons per day)                   
    ----------------------------------------------------------------------------------------------------------------
                  Year                     Area           Nonroad         Mobile           Point           Total    
    ----------------------------------------------------------------------------------------------------------------
    1990............................           33.74            7.39          429.08           23.55          493.76
    1993............................           35.59            7.97          390.31            9.00          442.87
    1996............................           37.11            8.55          395.87            3.94          445.47
    1999............................           39.23            9.16          393.59            4.11          446.09
    2002............................           40.75           10.00          401.55            4.28          456.58
    2005............................           41.96           10.97          419.62            4.43          476.98
    ----------------------------------------------------------------------------------------------------------------
    
    B. Demonstration of Maintenance--Projected Inventories
    
        Total CO emissions were projected from 1990 base year out to 2005 
    for the Charlotte area, and from 1991 out to 2005 for the Raleigh/
    Durham area. These projected inventories were prepared in accordance 
    with EPA guidance. The difference between Raleigh/Durham's 1990 Base 
    Year Inventory area sources and 1991 Base Year were due to different 
    methodologies. For 1991, additional data was included in the 
    calculation of the emissions. North Carolina will reduce the minimum 
    oxygen content for the Oxygenated Fuel program in Raleigh/Durham. The 
    projections show that calculated CO emissions, assuming a less 
    stringent oxygenated fuels program, are not expected to exceed the 
    level of the base year inventory during this time period. Therefore, 
    based on the results of Mobile5A modeling, it is anticipated that 
    Raleigh/Durham will maintain the CO standard with this program. It is 
    also anticipated that the Charlotte area will maintain the CO NAAQS 
    over the projected years. In case of an air quality problem, an 
    Oxygenated Fuel program will be implemented in Charlotte, as a 
    contingency measure.
    
    C. Verification of Continued Attainment
    
        Continued attainment of the CO NAAQS in the Raleigh/Durham and 
    Charlotte areas depend, in part, on the State's efforts toward tracking 
    indicators of continued attainment during the maintenance period. The 
    State has committed to submit periodic inventories of CO emissions 
    every three years.
    
    D. Contingency Plan
    
        The level of CO emissions in the Raleigh/Durham and Charlotte areas 
    will largely determine their ability to stay in compliance with the 
    NAAQS in the future. Section 175A(d) of the CAA requires that the 
    contingency provisions include a requirement that the State implement 
    all measures contained in the SIP prior to redesignation. Therefore, 
    North Carolina has provided contingency measures with a schedule for 
    implementation in the event of a future CO air quality problem. The 
    plan contains triggering mechanisms to determine when contingency 
    measures are needed. The Raleigh/Durham and Charlotte contingency 
    plans, primary trigger will be a violation of the CO NAAQS. A secondary 
    trigger will be activated within 30 days of the State finding either: 
    (1) The periodic emissions inventory exceeds the base inventory by 10 
    percent or more, or (2) a monitored air quality exceedance pattern 
    indicates that an actual CO NAAQS violation may be imminent. A pattern 
    will be deemed to indicate an imminent violation if (a) one exceedance 
    of the standard per year has been monitored at a single monitor for two 
    successive years and those exceedances are at least greater than 20 
    percent above the standard (i.e., 10.8 ppm or above) or (b) the 
    monitored air quality exceedance pattern otherwise suggests that a CO 
    NAAQS violation is likely. Within 45 days of the trigger, the State 
    will activate the pre-adopted regulations discussed below to become 
    effective at the beginning of the next CO season. When other measures 
    are needed to ensure that a future violation of the CO NAAQS does not 
    occur, the State will complete the adoption process within one year of 
    the secondary trigger. In case of a primary or secondary trigger, NCDEM 
    will implement one or a combination of the following contingency 
    measures: implementing either a 2.7 or 3.1 percent Oxygenated Fuel 
    program, expanding the I/M program coverage, enhanced I/M, 
    transportation control measures, or employee commute options program. 
    EPA finds that the contingency measures provided in the State submittal 
    meet the requirements of section 175A(d) of the CAA. 
    
    [[Page 39262]]
    
    
    E. Subsequent Maintenance Plan Revisions
    
        In accordance with section 175A(b) of the CAA, the State 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
        EPA is approving the Raleigh/Durham and Charlotte CO maintenance 
    plans because they meet the requirements set forth in section 175A of 
    the CAA. EPA is also approving the 1990 emissions inventory as 
    complying with the requirements of section 172(c)(3) and 187(a)(1). In 
    addition, the Agency is approving the requests and redesignating the 
    Raleigh/Durham and Charlotte CO areas to attainment, because the State 
    has demonstrated compliance with the requirements of section 
    107(d)(3)(E) for redesignation.
        The EPA is publishing this action without prior proposal because 
    the Agency views this as a noncontroversial amendment and anticipates 
    no adverse comments. However, in a separate document in this Federal 
    Register publication, the EPA is proposing to approve the SIP revision 
    should adverse or critical comments be filed. This action will be 
    effective September 18, 1995, unless, by September 1, 1995, adverse or 
    critical comments are received.
        If the EPA receives such comments, this action will be withdrawn 
    before the effective date by publishing a subsequent document that will 
    withdraw the final action. All public comments received will then be 
    addressed in a subsequent final rule based on this action serving as a 
    proposed rule. The EPA will not institute a second comment period on 
    this action. Any parties interested in commenting on this action should 
    do so at this time. If no such comments are received, the public is 
    advised that this action will be effective September 18, 1995.
        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 CO SIP is designed to satisfy the requirements of Part D of the 
    CAA and to provide for attainment and maintenance of the CO NAAQS. This 
    final redesignation should not be interpreted as authorizing the State 
    to delete, alter, or rescind any of the CO emission limitations and 
    restrictions contained in the approved CO SIP. Changes to CO SIP 
    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 both a finding of 
    non-implementation (section 179(a) of the CAA) and in a SIP deficiency 
    call made pursuant to sections 110(a)(2)(H) and 110(k)(2) 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.
        SIP approvals under section 110 and subchapter I, Part D of the CAA 
    do not create any new requirements, but simply approve requirements 
    that the State is already imposing. Therefore, because the federal SIP 
    approval does not impose any new requirements, it does not have any 
    economic impact on any small entities. 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. Accordingly, I certify that the 
    approval of the redesignation request will not have an impact on any 
    small entities.
    
    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.
        Through submission of this state implementation plan or plan 
    revision, the State and any affected local or tribal governments have 
    elected to adopt the program provided for under section 175A and 
    section 187(a)(1) of the Clean Air Act. The rules and commitments 
    approved in this action may bind State, local and tribal governments to 
    perform certain actions and also may ultimately lead to the private 
    sector being required to certain duties. To the extent that the rules 
    and commitments being approved by this action will impose or lead to 
    the imposition of any mandate upon the State, local or tribal 
    governments either as the owner or operator of a source or as a mandate 
    upon the private sector, EPA's action will impose no new requirements 
    under State law; such sources are already subject to these requirements 
    under State law. Accordingly, no additional costs to State, local, or 
    tribal governments, or to the private sector, results from this action. 
    EPA has also determined that this final action does not include a 
    mandate that may result in estimated costs of $100 million or more to 
    State, local, or tribal governments in the aggregate or to the private 
    sector.
    
    List of Subjects
    
    40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon monoxide, 
    Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
    Ozone.
    
    40 CFR Part 81
    
        Air pollution control, National parks, Wilderness areas.
    
        Dated: June 26, 1995.
    Patrick M. Tobin,
    Acting Regional Administrator.
    
        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. 7401-7671.
    
    Subpart II--North Carolina
    
        2. Section 52.1770 is amended by adding paragraph (c)(82) to read 
    as follows:
    
    
    Sec. 52.1770  Identification of plan.
    
    * * * * *
        (c) * * *
        (82) The redesignation and maintenance plan for Raleigh/Durham and 
    Charlotte submitted by the North Carolina Department of Environmental 
    Management on October 7, 1994 and August 9, 1991, as part of the North 
    Carolina SIP. The emission inventory projections are included in the 
    maintenance plans.
        (i) Incorporation by reference. Section 3 of the Redesignation 
    Demonstration and Maintenance Plan for Raleigh/
    
    [[Page 39263]]
    Durham, Winston-Salem, and Charlotte Carbon Monoxide Nonattainment Area 
    adopted on September 8, 1994.
        (ii) Other material. None.
    * * * * *
    
    PART 81--[AMENDED]
    
    Subpart C--Section 107 Attainment Status Designations
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
        2. In Sec. 81.334 the ``North Carolina-Carbon Monoxide'' table is 
    amended by removing the entries for ``Charlotte area and Raleigh-Durham 
    area''; and by adding entries for Mecklenburg, Durham, and Wake 
    Counties in alphabetical order; and by revising the entry ``Rest of 
    State'' to read ``Statewide''.
    
    
    Sec. 81.334  North Carolina.
    
    * * * * *
    
                                             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.                                                               
                                                                                                                    
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    Wake County.................  September 18, 1995.                                                               
                                                                                                                    
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    ----------------------------------------------------------------------------------------------------------------
    \1\ This date is November 15, 1990, unless otherwise noted.                                                     
    
    [FR Doc. 95-18881 Filed 8-1-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
9/18/1995
Published:
08/02/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
95-18881
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.
Pages:
39258-39263 (6 pages)
Docket Numbers:
NC-72-1-6953a, FRL-5258-4
PDF File:
95-18881.pdf
CFR: (2)
40 CFR 52.1770
40 CFR 81.334