Approval and Promulgation of Implementation Plans North Carolina: Approval of Revisions to the Raleigh/Durham Carbon Monoxide (CO) Maintenance Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC79-1-9606; FRL-5326-1]

Approval and Promulgation of Implementation Plans North Carolina:

Approval of Revisions to the Raleigh/Durham Carbon Monoxide (CO)

Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the North Carolina CO

Maintenance plan for the Raleigh/ Durham area. On October 18, 1995, the

State of North Carolina submitted a revision to the Raleigh/Durham CO

Maintenance plan, and requested EPA to parallel process the above

referenced

revision. This revision changes the projected emission inventory

previously published in the Federal Register by EPA on August 2, 1995.

Because the revised projections show the oxygenated fuels regulation is

not needed for maintenance of the CO standard, North Carolina is in the

process of removing regulations that require the use of oxygenated

fuels in the Raleigh/Durham area. The State has scheduled a public

hearing on November 20, 1995.

DATES: Comments on this proposed action must be received in writing by

December 7, 1995.

ADDRESSES: Written comments on this action should be addressed to

Benjamin Franco, at the EPA Regional Office listed below. Copies of the

documents relative to this action are available for public inspection

during normal business hours at the following locations:

Environmental Protection Agency, Region 4, Air Programs Branch, 345

Courtland Street NE., Atlanta, Georgia 30365.

Department of Environment, Health and Natural Resources, P.O. Box

29535, Raleigh, North Carolina 27626-0535.

A Regional Office listed below. Copies of the

documents relative to this action are available for public inspection

during normal business hours at the following locations:

Environmental Protection Agency, Region 4, Air Programs Branch, 345

Courtland Street NE., Atlanta, Georgia 30365.

Department of Environment, Health and Natural Resources, P.O. Box

29535, Raleigh, North Carolina 27626-0535.

FOR FURTHER INFORMATION CONTACT: Interested persons wanting to examine

documents relative to this action should make an appointment with the

Region 4 Air Programs Branch at least 24 hours before the visiting day.

To schedule the appointment or to request additional information,

contact Benjamin Franco, Regulatory Planning and Development Section,

Air Programs Branch, Air, Pesticides & Toxics Management Division, EPA

Region 4, 345 Courtland Street NE., Atlanta, Georgia 30365. The

telephone number is 404/347-3555, extension 4211. Reference file NC79-

1-9606.

SUPPLEMENTARY INFORMATION: Section 175A of the CAA sets forth the

elements of a maintenance plan for areas seeking redesignation from

nonattainment to attainment. The plan must demonstrate continued

attainment of the applicable National Ambient Air Quality Standard

(NAAQS) for at least ten years after the Administrator approves a

redesignation to attainment. To provide for the possibility of future

NAAQS violations, the maintenance plan must contain contingency

measures, with a schedule for implementation adequate to assure prompt

correction of any air quality problems.

On October 7, 1994, the North Carolina Department of Environmental

Management (NCDEM) submitted a redesignation request and maintenance

plan for the Raleigh/Durham CO nonattainment area. On August 2, 1995,

EPA published in the Federal Register a final rule making effective on

September 18, 1995, a maintenance plan and redesignation of Raleigh/

Durham to attainment for CO. The above approved maintenance required

the use of a 2.0% oxygenated fuel program

ental

Management (NCDEM) submitted a redesignation request and maintenance

plan for the Raleigh/Durham CO nonattainment area. On August 2, 1995,

EPA published in the Federal Register a final rule making effective on

September 18, 1995, a maintenance plan and redesignation of Raleigh/

Durham to attainment for CO. The above approved maintenance required

the use of a 2.0% oxygenated fuel program.

Subsequently, on October 18, 1995, NCDEM submitted a request to

parallel process a proposed revision to the Raleigh/Durham CO

maintenance plan. This revision requested the removal of the Oxygenated

Fuel program from the maintenance plan. Due to a change in the

methodology used to calculate this projection, NCDEM has revised their

projected vehicle miles travelled (VMT) in Wake and Durham Counties.

The conclusion that oxygenated fuel was necessary to maintain the CO

standard was based on a VMT projection methodology that segregated the

road types into rural and urban categories. This methodology resulted

in an annual growth rate for urban road types of 5.5 to 6.5 percent in

Wake and Durham Counties. A major concern with this methodology, not

recognized at the time the original maintenance plan was developed, was

the reassignment of rural roads to urban roads. During the six year

window of VMT data, a significant amount of rural road mileage was

reassigned by the North Carolina Department of Transportation to urban

road mileage as the urban boundaries of Raleigh and Durham were

expanded. The result from this analysis was an apparent higher urban

VMT growth rate than was actually occurring.

A revised analysis has been performed using a projection

methodology that projects VMT on a county total basis. The resulting

annual VMT growth rate for both counties is approximately 3.5 percent.

Due to lower projected highway mobile CO emissions, the CO standard can

be maintained without the continued use of oxygenated gasoline in the

Raleigh/Durham area

h rate than was actually occurring.

A revised analysis has been performed using a projection

methodology that projects VMT on a county total basis. The resulting

annual VMT growth rate for both counties is approximately 3.5 percent.

Due to lower projected highway mobile CO emissions, the CO standard can

be maintained without the continued use of oxygenated gasoline in the

Raleigh/Durham area. Therefore, EPA is allowing the removal of the

Oxygenated Fuel program starting in the 95-96 winter season. The State

has moved the program to the contingency plan. In addition, NCDEM made

changes to the contingency plan requiring an analysis of necessary

control measures prior to implementation of any pre-adopted control

measures.

Demonstration of Maintenance--Projected Inventories

Total CO emissions were projected from 1991 out to 2005 for the

Raleigh/Durham area. These projected inventories were prepared in

accordance with EPA guidance. In this notice, EPA is proposing to

approve the revised emission budget. This budget is based on the best

available information, and shows attainment for 10 years.

Raleigh/Durham Nonattainment Area, CO Emissions Summary

[Tons per day]

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Year Area Nonroad Mobile Point Total

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1991........................................... 57.12 5.22 569.82 1.00 633.16

1993 *......................................... 57.60 5.58 434.87 1.01 499.06

1996........................................... 60.01 6.25 538.09 1.08 605.43

1999........................................... 63.45 7.18 522.31 1.13 594.07

2002........................................... 65.90 8.08 526.55 1.16 601.69

2005..........................................

........... 57.12 5.22 569.82 1.00 633.16

1993 *......................................... 57.60 5.58 434.87 1.01 499.06

1996........................................... 60.01 6.25 538.09 1.08 605.43

1999........................................... 63.45 7.18 522.31 1.13 594.07

2002........................................... 65.90 8.08 526.55 1.16 601.69

2005........................................... 67.87 8.98 543.84 1.20 621.89

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* Oxygenated Fuel program in place (2.7% Oxygen by weight).

Proposed Action

In this document, EPA is proposing approval of revisions to the

State of North Carolina's CO maintenance plan for the Raleigh/Durham

area.

Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities, and in

fact is expected to decrease compliance costs and decrease costs to

consumers in the affected areas. Small entities include small

businesses,

small not-for-profit enterprises, and government entities with

jurisdiction over populations of less than 50,000.

Unfunded Mandates

Under sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

These rules may bind State, local and tribal governments to perform

certain actions and also require the private sector to perform certain

duties