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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[NC66-1-6567a; FRL-5071-5]

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 April 27, 1994, the North Carolina Department of

Environmental Management (NCDEM), submitted a maintenance plan and a

request to redesignate the Winston-Salem/Forsyth County area from

nonattainment to attainment for carbon monoxide (CO). The CO

nonattainment area consists only of Forsyth County. 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 final rule will be effective November 7, 1994, unless

critical or adverse comments are received by October 21, 1994. 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.

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, 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 IV Air

Programs Branch at (404) 347-3555, ext. 4211, and at the above address.

SUPPLEMENTARY INFORMATION:

I. Background

In a March 15, 1991, letter to the EPA Region IV Administrator, the

Governor of North Carolina recommended the area of Winston-Salem/

Forsyth County be designated as nonattainment for CO as required by

section 107(d)(1)(A) of the 1990 Clean Air Act Amendments (CAA) (Public

Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). The

city was designated nonattainment and classified as ``moderate'' 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.) Because Winston-Salem had a design value of

9.7 ppm (based on 1988 and 1989 data), the area was considered

moderate. The CAA established an attainment date of December 31, 1995,

for all moderate CO areas.

Forsyth County has ambient monitoring data showing attainment of

the CO NAAQS, during the period from 1990 through 1993. The area has

continued to monitor attainment to date in 1994. Therefore, in an

effort to comply with the CAA and to ensure continued attainment of the

NAAQS, on April 27, 1994, the State of North Carolina submitted a CO

redesignation request and a maintenance plan for the Winston-Salem/

Forsyth County area. The request for redesignation submittal and

maintenance plan was approved by NCEMC on April 14, 1994. North

Carolina submitted evidence that a public hearing was held on March 25

and 28, 1994.

II. Evaluation Criteria

The 1990 CAA Amendments revised section 107(d)(1)(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 SIP 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.

III. Review of State Submittal

On June 14, 1994, Region IV determined that the information

received from the NCDEM constituted a complete redesignation request

under the general completeness criteria of 40 CFR part 51, appendix V,

Secs. 2.1 and 2.2.

The North Carolina redesignation request for the Winston-Salem/

Forsyth County area meets 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 request is based on an analysis of quality

assured CO air monitoring data which is relevant to the maintenance

plan and to the redesignation request. The ambient air CO monitoring

data for calendar year 1990 through calendar year 1993 shows no

violations of the CO NAAQS in the Winston-Salem/Forsyth County area.

The most recent ambient CO data for the calendar year 1994 continue to

show no violations in the Winston-Salem/Forsyth County area. Because

the Winston-Salem/Forsyth County area has 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 C).

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

Although section 110 was amended by the 1990 Amendments, the

Winston-Salem/Forsyth County SIP meets the requirements of amended

section 110(a)(2). The State implemented an Oxygenated Fuel program for

the areas of Raleigh/Durham and Winston-Salem during the 1992 and 1993

winter seasons. 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 Winston-Salem/Forsyth County 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 3

of part D establishes additional requirements for nonattainment areas

classified under section 186(a). The Winston-Salem 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

April 27, 1994, the date the State submitted a complete redesignation

request. EPA interprets section 107(d)(3)(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. The area will

become subject to the CAA that come due subsequent to the submission of

the redesignation request until the request is approved (See section

175A(c)) and if the redesignation is disapproved, the State remains

obligated to fulfill those requirements.

B1. Subpart 1 of Part D--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. Because Winston-Salem was designated as a

new CO nonattainment area on June 6, 1992, the requirements are not due

until June 6, 1995. Therefore, the submission of a New Source Review

program and contingency measures required under 172(c) are not yet due.

The Region is, however, in the process of approving the State's revised

NSR regulation which includes CO nonattainment areas. Upon

redesignation of these areas to attainment, the Prevent of Significant

Deterioration (PSD) provisions contained in part C of title I are

applicable. On June 12, 1975, December 30, 1976, June 19, 1978, August

7, 1980, February 23, 1982, and August 15, 1994, EPA approved revisions

to the State of North Carolina's PSD program (See 40 FR 25004, 41 FR

56805, 43 FR 26388, 45 FR 52676, 47 FR 7836, 59 FR 41708).

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 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 must

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 its 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 Sec. 51.396 of the transportation conformity rule and Sec. 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. Because the deadlines for these submittals have not yet come due,

they are not applicable requirements under section 107(d)(3)(E)(v) and,

thus, do not affect approval of this redesignation request.

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. North

Carolina was required to submit a 1990 Emission Inventory. EPA has

reviewed and is approving in this notice North Carolina's 1990 Base

Year Emission Inventory. The requirement to make I/M corrections are

not applicable to Forsyth County since it was not a pre-enactment

nonattainment area, and therefore did not have an existing program

before the CAA. Section 211(m) further required North Carolina to

submit an oxygenated fuels regulation for the Winston-Salem area. North

Carolina submitted a complete Oxygenated Fuel SIP on November 20, 1992.

The Oxygenated Fuel Program is fully adopted and has been approved by

EPA (See 59 FR 33683 published on June 30, 1994). 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 EPA's approval of SIP revisions under the 1990 Amendments,

EPA has determined that the Winston-Salem/Forsyth County 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. Improvement in Air Quality Due to Permanent and Enforceable Measures

The control measures to which the emission reductions are

attributed mostly to the Federal Motor Vehicle Control Program (FMVCP).

The fleet turnover under the FMVCP produced annual CO emission

reductions of 6 percent.

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 certain

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 Winston-Salem/Forsyth County area because EPA finds that

North Carolina's submittal meets 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 from the Winston-Salem/Forsyth

County area. The inventory includes emissions from area, stationary,

and mobile sources using 1990 as the base year for calculations. The

1990 inventory is considered representative of attainment conditions

because the NAAQS was not violated during 1990.

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. Finally, this inventory was prepared in accordance with EPA

guidance. It also contains summary tables of the 1990 base year and was

projected to the year 2005.

CO Emissions Inventory Summary

[Tons per day]

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Year Area Non-road Mobile Point Total

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1990............................ 32.82 0.95 285.79 4.44 324.00

1993\1\......................... 33.40 0.97 186.59 4.57 225.53

1996............................ 34.40 0.99 212.6 64.71 252.76

1999............................ 36.05 1.01 195.93 4.85 237.84

2002............................ 37.09 1.03 187.23 4.97 230.32

2005............................ 37.83 1.04 183.90 5.06 227.83

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\1\Oxygenated Fuel program was in place.

B. Demonstration of Maintenance--Projected Inventories

Total CO emissions were projected from 1990 base year out to 2005.

These projected inventories were prepared in accordance with EPA

guidance. North Carolina will not continue the Oxygenated Fuel program

in Winston-Salem. The projections show that calculated CO emissions,

assuming no oxygenated fuels program after 1993, are not expected to

exceed the level of the base year inventory during this time period.

Therefore, it is anticipated that Winston-Salem will maintain the CO

standard without the program, and the program would no longer be

implemented following redesignation. In case of an air quality problem,

the program may be implemented as a contingency measure.

C. Verification of Continued Attainment

Continued attainment of the CO NAAQS in the Winston-Salem/Forsyth

County area depends, in part, on the State's efforts toward tracking

indicators of continued attainment during the maintenance period. The

State has also committed to submit periodic inventories of CO emissions

every three years.

D. Contingency Plan

The level of CO emissions in the Winston-Salem/Forsyth County area

will largely determine its ability to stay in compliance with the CO

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. Also, section 175(A)(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

Winston-Salem/Forsyth County contingency plan's 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 suggest 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. As the State has demonstrated that the area will

continue to maintain the standard without the Oxygenated Fuels program,

the State will make that program a contingency measure that will be

implemented in the event of a trigger being activated. In case of a

primary or secondary trigger, NCDEM will implement an oxygenated

gasoline fuel program or expand an already-existing program's coverage.

In addition, NCDEM may do one or a combination of the following: expand

the I/M program coverage; upgrade to an enhanced I/M program; institute

transportation control measures; or implement an 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.

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 Winston-Salem/Forsyth County CO maintenance

plan because it meets the requirements set forth in section 175A of the

CAA. In addition, the Agency is approving the request and redesignating

the Winston-Salem/Forsyth County CO area 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 November 7, 1994 unless, by October 21, 1994 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 November 7, 1994.

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.

List of Subjects

40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental relations, Ozone.

40 CFR Part 81

Air pollution control, National parks, and Wilderness areas.

Dated: September 2, 1994.

Joe R. Franzmathes,

Acting Regional Administrator.

Chapter I, title 40 of the 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.

Subpart II--North Carolina

2. Section 52.1770 is amended by adding paragraph (c)(75) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(75) The redesignation and maintenance plan for Winston-Salem/

Forsyth County submitted by the North Carolina Department of

Environmental Management on April 27, 1994, as part of the North

Carolina SIP. The emission inventory projections are included in the

maintenance plan.

(i) Incorporation by reference.

(A) Maintenance Plan for the Forsyth County Carbon Monoxide

Nonattainment Area adopted on April 14, 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 table for ``North Carolina-Carbon Monoxide''

is amended by revising the entry for the Winston-Salem/Forsyth County

area to read as follows:

Sec. 81.334 North Carolina.

* * * * *

North Carolina--Carbon Monoxide

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Designation Classification

Designated area -------------------------------------------------------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

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* * * * * * *

Winston-Salem Area

Forsyth County...... November 7, 1994

* * * * * * *

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\1\This date is November 15, 1990, unless otherwise noted.

[FR Doc. 94-23294 Filed 9-20-94; 8:45 am]

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