[Federal Register Volume 60, Number 215 (Tuesday, November 7, 1995)]
[Proposed Rules]
[Pages 56127-56129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27566]



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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 

[[Page 56128]]
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.

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.
    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. 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...........................................        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, 

[[Page 56129]]
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. EPA has examined whether the rules being proposed for approval 
by this action would impose no new requirements, since such sources are 
already subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action, and therefore there will be no 
significant impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: October 27, 1995.
Michael V. Payton,
Acting Regional Administrator.
[FR Doc. 95-27566 Filed 11-6-95; 8:45 am]
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