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FEDERAL REGISTER
VOL. 58, No. 173
Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY (EPA)

40 CFR Parts 52 and 81
[NC58-1-5989; FRL-4700-9]

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

58 FR 47391

DATE: Thursday, September 9, 1993
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 Greensboro/Winston-Salem/High Point area (classified as a moderate nonattainment area) from nonattainment to attainment for ozone. The ozone nonattainment area includes the following counties: Forsyth, Guilford, Davidson, and the portion of Davie bounded by the Yadkin River, Dutchman's Creek, North Carolina Highway 801, Fulton Creek, and back to the Yadkin River. 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 Greensboro/Winston-Salem/High Point 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. The required submittals pertained to Emission Statements, New Source Review (NSR), VOC RACT catch-ups, Stage II Regulations, and the Inspection and Maintenance (I/M) Program. Furthermore, the letter stated that the sanctions and Federal Implementation Plan (FIP) process would stop upon final approval of submitted corrections to the SIP. The NCDEHNR submitted its request for the redesignation of the Greensboro/Winston-Salem/High Point area prior to the statutory due date for the programs mentioned above. Therefore, this redesignation request is considered to be a correction to the SIP and upon its final approval the sanctions and FIP processes will stop completely.

EFFECTIVE DATE: This action will be effective November 8, 1993, unless notice is received by October 12, 1993, 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.

Public Information Reference Unit, Attn: Jerry Kertzwig AN 443, 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, North Carolina, 27604.

Forsyth County Environmental Affairs Department, 537 North Spruce Street, Winston-Salem, North Carolina, 27101-1362.

FOR FURTHER INFORMATION CONTACT: Bill Eckert of the EPA Region IV Air Programs Branch at (404) 347-2864 and at the above address.

SUPPLEMENTARY INFORMATION:

I. Background

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 Greensboro/Winston-Salem/High Point area as nonattainment because the area violated the ozone standard during the period from 1987 through 1989. Furthermore, upon designation, the Greensboro/Winston-Salem/High Point area was classified as moderate under section 181(a)(1). (See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30, 1992), codified at 40 CFR Part 81 @ 334.)

The Greensboro/Winston-Salem/High Point area more recently has ambient monitoring data that show no violations of the ozone National Ambient Air Quality Standards (NAAQS), during the period from 1989 through 1992. In addition, there have been no violations reported for the 1993 ozone season, to date. Therefore, in an effort to comply with the amended Act and to ensure continued attainment of the NAAQS, on November 13, 1992, the State of North Carolina submitted for parallel processing an ozone maintenance SIP for the Greensboro/Winston-Salem/High Point area and requested redesignation of the area to attainment with respect to the ozone 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.

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 amended Act, including redesignation submittals, would not be determined complete. See "State Implementation Plan (SIP) Actions Submitted in Response to Clean Air Act (Act) Deadlines" Memorandum 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 Agency 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, through a letter from Douglas Neeley to Preston Howard, that the redesignation request and maintenance plan submittals were complete under the general completeness criteria.

II. Review of State Submittal

The North Carolina redesignation request for the Greensboro/ Winston-Salem/High Point 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 ozone 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 ozone NAAQS in the Greensboro/Winston-Salem/High Point area. (See 40 CFR 50.9 and appendix H.) Because the Greensboro/Winston-Salem/High Point area has complete quality-assured data showing no violations of the standard over the most recent consecutive three calendar year period, the Greensboro/ Winston-Salem/High Point area has met the first statutory criterion of attainment of the ozone NAAQS. In addition, there have been no violations reported for the 1993 ozone season, to date. 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 Act (45 FR 26038 and 45 FR 59578). The amended Act, 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 Act, EPA reviewed the North Carolina SIP and ensures that it contains all measures due under the amended Act prior to or at the time the State of North Carolina submitted its redesignation request.

A. Section 110 Requirements

Although Section 110 was amended by the CAA, the Greensboro/ Winston-Salem/High Point 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 Act. 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 Greensboro/Winston-Salem/High Point 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 ozone nonattainment areas classified under table 1 of section 181(a). The Greensboro/Winston-Salem/High Point 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 Greensboro/Winston-Salem/High Point 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, but is not required to meet the applicable requirements of Subpart 2 of Part D, which became due on or after November 15, 1992.

B1. Subpart 1 of Part D-Under section 172(b), the section 172(c) requirements are applicable as determined by the Administrator, but no later than 3 years after an area has been designated to nonattainment. EPA has not determined that these requirements were applicable to ozone nonattainment areas on or before November 13, 1992, the date that the State of North Carolina submitted a complete redesignation request for the Greensboro/Winston-Salem/High Point 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 Act 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 has not promulgated final conformity regulations; therefore, no regulatory submittal date has been established. However, the State of North Carolina has committed in their maintenance plan to revise the SIP to be consistent with the final federal regulations on conformity upon promulgation of these rules. 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 accompanying this notice.

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 Act and EPA's prior approval of SIP revisions under the amended Act, EPA has determined that the Greensboro/Winston-Salem/High Point 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 Greensboro/ Winston-Salem/High Point area violated the ozone 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 21.6% from 1988 to 1990 and NOx emissions reductions are 3.7% 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 Act 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 Greensboro/Winston-Salem/High Point 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 Greensboro/ Winston-Salem/High Point 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 Greensboro/Winston-Salem/High Point 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 accompanying this notice for more in-depth details regarding the base year inventory for the Greensboro/ Winston-Salem/High Point area.

VOC Emission Inventory Summary 
    [Tons per day] 

        1990     1993     1996     1999     2002    2004 

Point   82.30     83.69    74.04    63.42    66.59   68.59 
Area    180.76    178.25   179.54   180.67   183.16  184.68 
Mobile  88.30     73.91    73.41    73.54    74.06   74.97 
Total   351.36    335.85   326.99   317.63   323.81  328.24 


NOx Emission Inventory Summary 
     [Tons per day] 

        1990    1993    1996    1999    2002    2004 

Point   23.04    24.14   25.24   26.31  27.23    27.81 
Area    0.29     0.29    0.29    0.29   0.29     0.29 
Mobile  99.76    100.01  100.40  96.96  91.13    90.28 
Total   123.09   124.44  125.93  123.56 118.65   118.38 


 CO Emission Inventory Summary 
     [Tons per day] 

         1990    1993    1996    1999    2002    2004 

Point      5.37   5.51     5.71    5.90    6.06    6.15 
Area      40.98   41.00   41.01   41.02   41.03   41.04 
Mobile    710.25  612.50  601.28  593.39  601.53  612.92 

Total    756.60  659.01  648.00  640.31  648.62  660.11 

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 accompanying this notice for more in-depth details regarding the projected inventory for the Greensboro/Winston-Salem/High Point area. The projections indicate that VOC and CO emissions decrease steadily from 1990 through 2004. However, the projections show an increase over the 1990 NOx level of 1.10% in 1993, 2.31% in 1996, and 0.38% in 1999. To date, this level of increase in NOx has not caused a violation of the NAAQS. EPA believes that the emissions projections demonstrate that the area will continue to maintain the ozone 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 ozone NAAQS in the Greensboro/ Winston-Salem/High Point 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 exceeds 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 accompanying 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 or CO emissions in the Greensboro/ Winston-Salem/High Point area will largely determine its ability to stay in compliance with the ozone 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 ozone 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 ozone NAAQS is quality assured. The plan also contains a secondary trigger that will apply where no actual violation of the NAAQS has occurred. 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 accompanying 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 Greensboro/Winston-Salem/High Point ozone maintenance plan because it meets the requirements of Section 175A. In addition, the Agency is redesignating the Greensboro/ Winston-Salem/High Point area to attainment for ozone because the State of North Carolina has demonstrated compliance with the requirements of Section 107(d)(3)(E) for redesignation. 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 ozone SIP is designed to satisfy the requirements of Part D of the Clean Air Act and to provide for attainment and maintenance of the ozone 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 ozone SIP. Changes to ozone 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 both a finding of nonimplementation [section 173(b) of the Clean Air Act] and in a SIP deficiency call made pursuant to section 110(a)(2)(H) of the Clean Air Act.

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 of North Carolina 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.

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 on November 8, 1993. If, however, notice is received by October 12, 1993 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 Act, 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 November 8, 1993. 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 Act, 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). 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. 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.

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: August 23, 1993.

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)(66) to read as follows:

@ 52.1770 -- Identification of plan.

* * * * *

(c) * * *

(66) The maintenance plan and emission inventory for Greensboro/ Winston-Salem/Highpoint Area which includes Davidson County, Davis County (part) the area bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek, and back to the Yadkin River, Forsyth County and Guilford 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 Raleigh/Durham and Greensboro/Winston-Salem/High Point 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) Greensboro/Winston-Salem/High Point Nonattainment Area Emission Summary for 1990.

(4) Greensboro/Winston-Salem/High Point Nonattainment Area Emission Summary for 1993.

(5) Greensboro/Winston-Salem/High Point Nonattainment Area Emission Summary for 1996.

(6) Greensboro/Winston-Salem/High Point Nonattainment Area Emission Summary for 1999.

(7) Greensboro/Winston-Salem/High Point Nonattainment Area Emission Summary for 2002.

(8) Greensboro/Winston-Salem/High Point 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:

@ 81.334 -- North Carolina.

* * * * *

North Carolina-Ozone 

Designation area    Designation              Classification 
                    Date fn 1   Type     Date fn 1 

Charlotte-Gastonia 
Area: 
   Gaston County           Nonattainment            Moderate. 
   Mecklenburg             Nonattainment            Moderate. 
County 
Raleigh-Durham 
Area: 
   Durham County           Nonattainment 
                   1/6/92                   1/6/92  Moderate. 
   Granville       1/6/92  Nonattainment    1/6/92  Moderate. 
County (part) 

Dutchville Township 
   Wake County     1/6/92  Nonattainment    1/6/92  Moderate. 
Rest of State               Unclassifiable 
                           /Attainment 
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 
Duplin County 
Edgecombe County 
Forsyth County      September 9, 1993 
Franklin County 
Gates County 
Graham County 
Granville County 
(part) Remainder of 
county 
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 
Warren County 
Washington County 
Watauga County 
Wayne County 
Wilkes County 
Wilson County 
Yadkin County 
Yancey County 

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

* * * * *

[FR Doc. 93-21923 Filed 9-8-93; 8:45 am]

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