VOL. 59, No. 74
Rules and Regulations
ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Parts 52 and 81
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of North Carolina
59 FR 18300
DATE: Monday, April 18, 1994
ACTION: Final rule.
SUMMARY: On November 13, 1992, the State of North Carolina, through the North Carolina Department of Environment, Health, and Natural Resources (NCDEHNR), submitted a maintenance plan and a request to redesignate the Raleigh/Durham area (classified as a moderate nonattainment area) from nonattainment to attainment for ozone. The ozone nonattainment area includes the following counties: Durham, Wake, and the Dutchville Township portion of Granville. Under the Clean Air Act, designations can be changed if sufficient data are available to warrant such changes. In this action, EPA is approving the State of North Carolina's submittal because it meets the maintenance plan and redesignation requirements. The approved maintenance plan will become a federally enforceable part of the SIP for the Raleigh/Durham area.
On January 15, 1993, in a letter from Patrick Tobin to Governor James Hunt, the EPA notified the State of North Carolina that the EPA had made a finding of failure to submit required programs for the nonattainment area. EPA's redesignation of the Raleigh/Durham area to attainment abrogates those requirements for this area. Therefore, the sanctions and federal implementation plan clocks begun by those findings are stopped at the time of the redesignation.
EFFECTIVE DATE: This final rule will be effective June 17, 1994, unless notice is received by May 18, 1994, that someone wishes to submit adverse or critical comments. If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments should be sent to Bill Eckert at the EPA address in Atlanta, Georgia listed below. Copies of the redesignation request and the State of North Carolina's submittal are available for public review during normal business hours at the addresses listed below. EPA's technical support document (TSD) is available for public review during normal business hours at the EPA addresses listed below.
Air and Radiation Docket and Information Center (Air Docket 6102), U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460
Environmental Protection Agency, Region IV, Air Programs Branch, 345 Courtland Street NE., Atlanta, GA 30365
North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management, 512 North Salisbury Street, Raleigh, NC 27604
FOR FURTHER INFORMATION CONTACT: Bill Eckert of the EPA Region IV Air Programs Branch at (404) 347-2864 and at the Region IV address.
SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA) were enacted. (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q.) Under section 107(d)(1), in conjunction with the Governor of North Carolina, EPA designated the Raleigh/Durham area as nonattainment because the area violated the ozone standard during the period from 1987 through 1989. Furthermore, upon designation, the Raleigh/ Durham area was classified as moderate under section 181(a)(1). (See 56 FR 56694 (November 6, 1991) and 57 FR 56762 (November 30, 1992), codified at 40 CFR 81.334.)
The Raleigh/Durham area more recently has ambient monitoring data that show no violations of the ozone National Ambient Air Quality Standards (NAAQS), during the period from 1989 through 1992. Therefore, in an effort to comply with the CAA and to ensure continued attainment of the NAAQS, on November 13, 1992, the State of North Carolina submitted for parallel processing an ozone maintenance SIP for the Raleigh/Durham 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. In addition, there have been no violations reported for the 1993 ozone season.
On August 11, 1993, Region IV determined that the information received from the NCDEHNR constituted a complete redesignation request under the general completeness criteria of 40 CFR part 51, appendix V, sections 2.1 and 2.2. However, for purposes of determining what requirements are applicable for redesignation purposes, EPA believes it is necessary to identify when NCDEHNR first submitted a redesignation request that meets the completeness criteria. EPA noted in a previous policy memorandum that parallel processing requests for submittals under the CAA, including redesignation submittals, would not be determined complete. See the memorandum entitled "State Implementation Plan (SIP) Actions Submitted in Response to Clean Air Act (Act) Deadlines" from John Calcagni to Air Programs Division Directors, Regions I-X, dated October 28, 1992 (Memorandum). The rationale for this conclusion was that the parallel processing exception to the completeness criteria (40 CFR part 51, appendix V, section 2.3) was not intended to extend statutory due dates for mandatory submittals. (See Memorandum at 3-4.) However, since requests for redesignation are not mandatory submittals under the CAA, EPA believes that it must change its policy with respect to redesignation submittals to conform to the existing completeness criteria. Therefore, EPA believes, the parallel processing exception to the completeness criteria may be applied to redesignation request submittals, at least until such time as the EPA decides to revise that exception. NCDEHNR submitted a redesignation request on November 13, 1992. In the November 13 submittal, NCDEHNR submitted the maintenance plan, thereby including the final element to make the November 13, 1992, request for parallel processing complete under the parallel processing exception to the completeness criteria. When the maintenance plan became state effective on July 8, 1993, the State of North Carolina no longer needed parallel processing for the redesignation request and maintenance plan. Therefore, the EPA informed the State of North Carolina on August 11, 1993, that the redesignation request and maintenance plan submittals were complete under the general completeness criteria.
The North Carolina redesignation request for the Raleigh/Durham area meets the five requirements of section 107(d)(3)(E) for redesignation to attainment. The following is a brief description of how the State of North Carolina has fulfilled each of these requirements. Because the maintenance plan is a critical element of the redesignation request, EPA will discuss its evaluation of the maintenance plan under its analysis of the redesignation request.
1. The Area Must Have Attained the 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 Raleigh/Durham area. (See 40 CFR 50.9 and appendix H.) Because the Raleigh/Durham area has complete quality-assured data showing no violations of the standard over the most recent consecutive three calendar year period, the Raleigh/Durham area has met the first statutory criterion of attainment of the ozone NAAQS. In addition, there were no violations reported for the 1993 ozone season. The State of North Carolina has committed to continue monitoring in this area in accordance with 40 CFR part 58.
2. The Area Has Met All Applicable Requirements Under Section 110 and Part D of the Act
On April 17, 1980, and on September 10, 1980, EPA fully approved North Carolina's SIP as meeting the requirements of section 110(a)(2) and part D of the 1977 CAA (45 FR 26038 and 45 FR 59578). The amended CAA, however, revised section 110(a)(2) and, under part D, revised section 172 and added new requirements for all nonattainment areas. Therefore, for purposes of redesignation, to meet the requirement that the SIP contain all applicable requirements under the CAA, EPA reviewed the North Carolina SIP to ensure that it contained all measures due under the amended CAA prior to or at the time the State of North Carolina submitted its redesignation request.
A. Section 110 Requirements
Although section 110 was amended, the Raleigh/Durham area SIP meets the requirements of amended section 110(a)(2). A number of the requirements did not change in substance and, therefore, EPA believes that the pre-amendment SIP met these requirements. As to those requirements that were amended, see 57 FR 27936 and 57 FR 27939 (June 23, 1992), many are duplicative of other requirements of the CAA. EPA has analyzed the SIP and determined that it is consistent with the requirements of amended section 110(a)(2).
B. Part D Requirements
Before the Raleigh/Durham area may be redesignated to attainment, it also must have fulfilled the applicable requirements of part D. Under part D, an area's classification indicates the requirements to which it will be subject. Subpart 1 of part D sets forth the basic nonattainment requirements applicable to all nonattainment areas, classified as well as nonclassifiable. Subpart 2 of part D establishes additional requirements for ozone nonattainment areas classified under table 1 of section 181(a). The Raleigh/Durham area is classified as moderate (See 56 FR 56694, codified at 40 CFR 81.334). The State of North Carolina submitted their request for redesignation of the Raleigh/Durham area prior to November 15, 1992. Therefore, in order to be redesignated to attainment, the State of North Carolina must meet the applicable requirements of subpart 1 of part D, specifically sections 172(c) and 176, and the requirements of subpart 2 of part D, which became due on or before November 13, 1992, the date the State submitted a complete redesignation request.
B1. Subpart 1 of Part D-Section 172
Section 172(c) sets forth general requirements applicable to all nonattainment areas. Under section 172(b), the section 172(c) requirements are applicable as determined by the Administrator but no later than three years after an area is designated as nonattainment. EPA had not determined that these requirements were applicable to classified ozone nonattainment areas on or before November 13, 1992, the date that the State of North Carolina submitted a complete redesignation request for the Raleigh/Durham area. Therefore, the State of North Carolina was not required to meet these requirements for purposes of redesignation.
Upon redesignation of this area to attainment, the Prevention of Significant Deterioration (PSD) provisions contained in part C of title I are applicable. On December 30, 1976, and on February 23, 1982, the EPA approved the State of North Carolina's PSD program (41 FR 56805 and 47 FR 78376).
B2. Subpart 1 of Part D-Section 176 Conformity Plan Provisions
Section 176 of the CAA requires States to develop transportation/air quality conformity procedures which are consistent with federal conformity regulations. Section 176 provides that EPA must develop federal conformity regulations, requiring states to submit these procedures as a SIP revision by November 15, 1992. EPA promulgated final conformity regulations on November 24, 1993 (transportation conformity) and November 30, 1993 (general conformity). Since it was impossible to establish a SIP revision date of November 15, 1992, in these regulations, EPA established a regulatory submittal date of one year after promulgation of the conformity regulations. The State of North Carolina has committed in their maintenance plan to revise the SIP to be consistent with the final federal regulations. In addition, the State Air Quality Section will work closely with the State Department of Transportation (DOT) and local transportation agencies to assure that Transportation Improvement Programs (TIPs) in the maintenance areas are consistent with and conform to the SIP and meet federal requirements on conformity. This review process is being extended to include all major projects regardless of source of funding, as well as all federally funded projects. A complete description of the conformity review process is included in the TSD prepared for this notice.
B3. Subpart 2 of Part D
Under section 182(a)(2)(A) areas that retained a designation of nonattainment for ozone under the amended CAA and that are classified as marginal or above were required to fix their pre-amendment VOC RACT SIPs. North Carolina was not required to submit VOC RACT fixups for purposes of redesignating the Raleigh/Durham area because the Raleigh/Durham area was not nonattainment before the 1990 amendments to the CAA.
Under section 182(b), several requirements were due for moderate ozone nonattainment areas on November 15, 1992, such as VOC RACT catch-ups, Gasoline Vapor Recovery, New Source Review, and Emission Statements. North Carolina failed to submit these measures for the Raleigh/Durham area. On January 15, 1993, EPA made a finding of failure to submit these measures by letter from Patrick M. Tobin, Acting Regional Administrator, to James B. Hunt, Jr., Governor of North Carolina. However these requirements are not applicable for purposes of considering the State's redesignation request. For purposes of redesignation, EPA must consider whether the State has met all requirements that were applicable prior to the time the state submitted the redesignation request. Since North Carolina submitted the redesignation request for Raleigh/Durham on November 13, 1992, these measures are not relevant for purposes of redesignation. Therefore, all subpart 2 requirements that were applicable at the time the State submitted its redesignation request have been met.
3. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA
Based on the approval of provisions under the pre-amended CAA and EPA's prior approval of SIP revisions under the amended CAA, EPA has determined that the Raleigh/Durham area has a fully approved SIP under section 110(k), which also meets the applicable requirements of section 110 and part D as discussed above.
4. The Air Quality Improvement Must Be Permanent and Enforceable
Several control measures have come into place since the Raleigh/Durham area violated the 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 20.9% from 1988 to 1990 and NOx emissions reductions are 2.7% from 1988 to 1990.
In association with its emission inventory discussed below, the State of North Carolina has demonstrated that actual enforceable emission reductions are responsible for the recent air quality improvement and that the VOC emissions in the base year are not artificially low due to local economic downturn.
5. The Area Must Have a Fully Approved Maintenance Plan Pursuant to Section 175A of the Act
Section 175A of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. The plan must demonstrate continued attainment of the applicable NAAQS for at least ten years after the Administrator approves a redesignation to attainment. Eight years after the redesignation, the state must submit a revised maintenance plan which demonstrates attainment for the ten years following the initial ten-year period. To provide for the possibility of future NAAQS violations, the maintenance plan must contain contingency measures, with a schedule for implementation, adequate to assure prompt correction of any air quality problems.
In this notice, EPA is approving the State of North Carolina's maintenance plan for the Raleigh/Durham area because EPA finds that the State of North Carolina's submittal meets the requirements of section 175A.
A. Emissions Inventory-Base Year Inventory
On November 13, 1992, the State of North Carolina submitted comprehensive inventories of VOC, NOx, and CO emissions from the Raleigh/Durham area. The inventories included biogenic, area, stationary, and mobile sources using 1990 as the base year for calculations to demonstrate maintenance. The 1990 inventory is considered representative of attainment conditions because the NAAQS was not violated during 1990. The 1990 Base Year Emission Inventory for the Raleigh/Durham area has been submitted to EPA in SIP Air Pollutant Inventory Management Subsystem (SAMS) format.
The State of North Carolina submittal contains the detailed inventory data and summaries by county and source category. This comprehensive base year emissions inventory was submitted in the SAMS format. Finally, this inventory was prepared in accordance with EPA guidance. A summary of the base year and projected maintenance year inventories are shown in the following three tables. Refer to the TSD prepared for this notice for more in-depth details regarding the base year inventory for the Raleigh/Durham area.
VOC Emission Inventory Summary [Tons per day] 1990 1993 1996 Point 12.46 10.05 10.15 Area 164.50 162.68 164.10 Mobile 85.03 65.37 68.40 Total 261.99 238.10 242.65 1999 2002 2004 Point 10.57 11.03 10.67 Area 165.37 167.86 169.74 Mobile 72.70 76.39 79.18 Total 248.64 255.28 259.59 NOx Emission Inventory Summary [Tons per day] 1990 1993 1996 Point 3.55 3.74 3.93 Area 0.18 0.18 0.18 Mobile 89.22 78.86 83.60 Total 92.95 82.78 87.71 1999 2002 2004 Point 4.15 4.28 4.39 Area 0.18 0.18 0.18 Mobile 83.83 81.35 82.24 Total 88.16 85.81 86.81 CO Emission Inventory Summary [Tons per day] 1990 1993 1996 Point 1.00 1.05 1.10 Area 32.54 32.58 32.61 Mobile 624.97 497.74 514.10 Total 658.51 531.37 547.81 1999 2002 2004 Point 1.15 1.20 1.22 Area 32.65 32.68 32.70 Mobile 531.51 560.27 583.27 Total 565.31 594.15 617.19
B. Demonstration of Maintenance-Projected Inventories
Total VOC, NOx, and CO emissions were projected from the 1990 base year out to 2004. These projected inventories were prepared in accordance with EPA guidance. Refer to EPA's TSD prepared for this notice for more in-depth details regarding the projected inventory for the Raleigh/Durham area.
On January 12, 1994, the State of North Carolina submitted supplemental projection inventories. The State recalculated growth rates to include 1992 Vehicle Miles Traveled (VMT) data received in late 1993 from the North Carolina Department of Transportation. The projections indicate that VOC, NOx, and CO emissions remain under the 1990 baseline emission inventory from 1990 through 2004. EPA believes that the emissions projections demonstrate that the area will continue to maintain the 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 Raleigh/Durham area depends, in part, on the State of North Carolina's efforts toward tracking indicators of continued attainment during the maintenance period. The State of North Carolina's contingency plan is triggered by two indicators, an air quality violation or the periodic emissions inventory exceeding the baseline emission inventory by more than 10%. As stated in the maintenance plan, the NCDEHNR will be developing these periodic emissions inventories every three years beginning in 1996. These periodic inventories will help to verify continued attainment. Refer to the TSD prepared for this notice for a more complete discussion of the indicators the State is tracking and the contingency measures.
D. Contingency Plan
The level of VOC and NOx emissions in the Raleigh/Durham area will largely determine its ability to stay in compliance with the 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. The secondary trigger is an exceedance of the baseline emissions inventory by more than 10%. On the occurrence of the secondary trigger, the State will commence, within 60 days of the trigger, regulation development and adoption of measures amending the State vehicle inspection and maintenance (I/M) program, extending coverage of the I/M program, extending and/or lowering vapor pressure limits for gasoline, extending geographic coverage of RACT controls, transportation control measures, and RACT level control for NOx. A complete description of these contingency measures and their triggers can be found in the TSD prepared for this notice. EPA finds that the contingency measures provided in the State of North Carolina submittal meet the requirements of section 175A(d) of the CAA.
E. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the CAA, the State of North Carolina has agreed to submit a revised maintenance SIP eight years after the area is redesignated to attainment. Such revised SIP will provide for maintenance for an additional ten years.
In this final action, EPA is approving the Raleigh/Durham ozone maintenance plan, including the 1990 base year emission inventory, because it meets the requirements of section 175A. In addition, the EPA is redesignating the Raleigh/Durham area to attainment for ozone because the State of North Carolina has demonstrated compliance with the requirements of section 107(d)(3)(E) for redesignation. This action stops the sanctions and federal implementation plan clocks that were triggered for the Raleigh/Durham area by the January 15, 1993, findings letter. Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future request for revision to any SIP. Each request for revision to the SIP shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.
The ozone SIP is designed to satisfy the requirements of part D of the CAA 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 a finding of nonimplementation (section 173(b) of the CAA) or in a SIP deficiency call made pursuant to section 110(a)(2)(H) of the CAA.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.
Redesignation of an area to attainment under section 107(d)(3)(E) of the CAA does not impose any new requirements on small entities. Redesignation is an action that affects the status of a geographical area and does not impose any regulatory requirements on sources. The Administrator certifies that the approval of the redesignation request will not affect a substantial number of small entities.
This action is being taken without prior proposal because the changes are noncontroversial and EPA anticipates no significant comments on them. The public should be advised that this action will be effective June 17, 1994. If, however, notice is received by May 18, 1994 that someone wishes to submit adverse or critical comments, this action will be withdrawn and two subsequent notices will be published before the effective date. One will withdraw the final action and the other will begin a new rulemaking by announcing a comment period.
Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1), petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 17, 1994. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2) of the CAA, 42 U.S.C. 7607 (b)(2).)
This action has been classified as a Table 2 action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989, (54 FR 2214-2225) as revised by a Memorandum from Michael H. Shapiro to Regional Administrators, dated October 4, 1993. On January 6, 1989, the Office of Management and Budget (OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the requirements of section 3 of Executive Order 12291 for two years. The U.S. EPA has submitted a request for a permanent waiver for Table 2 and Table 3 SIP revisions. OMB has agreed to continue the temporary waiver until such time as it rules on EPA's request. This request continues in effect under Executive Order 12866 which superseded Executive Order 12291 on September 30, 1993.
Nothing in this action shall be construed as permitting or allowing or establishing a precedent for any future request for a revision to any state implementation plan. Each request for revision to the state implementation plan shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.
List of Subjects
40 CFR Part 52
Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, and Ozone.
40 CFR Part 81
Air pollution control, National parks, and Wilderness areas.
Dated: March 11, 1994.
Patrick M. Tobin, Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.1770 is amended by adding paragraph (c)(67) to read as follows:
@ 52.1770 -- Identification of plan.
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(c) * * *
(67) The maintenance plan and emission inventory for the Raleigh/Durham Area which includes Durham County, Wake County, and the Dutchville Township portion of Granville County submitted by the North Carolina Department of Environment, Health, and Natural Resources on November 13, 1992, and June 1, 1993, as part of the North Carolina SIP.
(i) Incorporation by reference.
(A) Supplement to the Redesignation Demonstration and Maintenance Plan for the Greensboro/Winston-Salem/High Point and Raleigh/Durham Ozone Attainment Areas submitted June 1, 1993, and Prepared by the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management, Air Quality Section. The effective date is July 8, 1993.
(1) Section 2-Discussion of Attainment.
(2) Section 3-Maintenance Plan.
(3) Raleigh/Durham Nonattainment Area Emission Summary for 1990.
(4) Raleigh/Durham Nonattainment Area Emission Summary for 1993.
(5) Raleigh/Durham Nonattainment Area Emission Summary for 1996.
(6) Raleigh/Durham Nonattainment Area Emission Summary for 1999.
(7) Raleigh/Durham Nonattainment Area Emission Summary for 2002.
(8) Raleigh/Durham Nonattainment Area Emission Summary for 2004.
(ii) Other material. None
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 Date fn 1 Type Charlotte-Gastonia Area: Gaston County Nonattainment Mecklenburg County Nonattainment 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 Durham County June 17, 1994 Duplin County Edgecombe County Forsyth County September 9, 1993 Franklin County Gates County Graham County Granville County June 17, 1994 Greene County Guilford County September 9, 1993 Halifax County Harnett County Haywood County Henderson County Hertford County Hoke County Hyde County Iredell County Jackson County Johnston County Jones County Lee County Lenoir County Lincoln County McDowell County Macon County Madison County Martin County Mitchell County Montgomery County Moore County Nash County New Hanover County Northhampton County Onslow County Orange County Pamlico County Pasquotank County Pender County Perquimans County Person County Pitt County Polk County Randolph County Richmond County Robeson County Rockingham County Rowan County Rutherford County Sampson County Scotland County Stanly County Stokes County Surry County Swain County Transylvania County Tyrrell County Union County Vance County Wake County June 17, 1994 Warren County Washington County Watauga County Wayne County Wilkes County Wilson County Yadkin County Yancey County Classification Date fn 1 Charlotte-Gastonia Area: Gaston County Moderate. Mecklenburg County Moderate. Rest of State 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 Davie County Durham County Duplin County Edgecombe County Forsyth County Franklin County Gates County Graham County Granville County Greene County Guilford County Halifax County Harnett County Haywood County Henderson County Hertford County Hoke County Hyde County Iredell County Jackson County Johnston County Jones County Lee County Lenoir County Lincoln County McDowell County Macon County Madison County Martin County Mitchell County Montgomery County Moore County Nash County New Hanover County Northhampton County Onslow County Orange County Pamlico County Pasquotank County Pender County Perquimans County Person County Pitt County Polk County Randolph County Richmond County Robeson County Rockingham County Rowan County Rutherford County Sampson County Scotland County Stanly County Stokes County Surry County Swain County Transylvania County Tyrrell County Union County Vance County Wake County 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.
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[FR Doc. 94-8967 Filed 4-15-94; 8:45 am]
BILLING CODE 6560-50-P