VOL. 59, No. 182
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 48399
DATE: Wednesday, September 21, 1994
ACTION: Direct final rule.
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.
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, @ 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, @@ 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 @ 51.396 of the transportation conformity rule and @ 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] Year Area Non-road Mobile 1990 32.82 0.95 285.79 1993 fn 1 33.40 0.97 186.59 1996 34.40 0.99 212.6 1999 36.05 1.01 195.93 2002 37.09 1.03 187.23 2005 37.83 1.04 183.90 Year Point Total 1990 4.44 324.00 1993 fn 1 4.57 225.53 1996 64.71 252.76 1999 4.85 237.84 2002 4.97 230.32 2005 5.06 227.83 fn 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.
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:
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:
@ 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.
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 @ 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:
@ 81.334 -- North Carolina. * * * * * North Carolina-Carbon Monoxide Designated area Designation Classification Date fn 1 Type Date fn1 Type * * * * * * * Winston-Salem Area Forsyth County November 7, 1994 * * * * * * * fn 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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