[Federal Register: March 24, 2006 (Volume 71, Number 57)]
[Rules and Regulations]
[Page 14817-14821]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr06-11]
[[Page 14817]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-RO4-OAR-2005-NC-0002-200538(a); FRL-8049-2]
Approval and Promulgation of Implementation Plans; North
Carolina: Charlotte, Raleigh-Durham, and Winston-Salem Areas Second 10-
Year Maintenance Plan for the Carbon Monoxide National Ambient Air
Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a revision to the North Carolina State
Implementation Plan (SIP) submitted in final form on March 23, 2005.
The SIP revision provides the second 10-year maintenance plan for the
Charlotte, Raleigh-Durham, and Winston-Salem Carbon Monoxide
Maintenance Areas, which are composed of the following four counties:
Mecklenburg (Charlotte Area); Durham and Wake (Raleigh-Durham Area);
and Forsyth (Winston-Salem Area). The second 10-year maintenance plan
includes new motor vehicle emission budgets (MVEBs) for carbon monoxide
for the year 2015. EPA is approving this SIP revision, including the
new 2015 MVEBs for carbon monoxide, because it satisfies the
requirement of the Clean Air Act (CAA) for the second 10-year
maintenance plan for the Charlotte, Raleigh-Durham, and Winston-Salem
Areas.
In addition, in this rulemaking, EPA is providing information on
its transportation conformity adequacy determination for new MVEBs for
the year 2015 that are contained in the second 10-year carbon monoxide
maintenance plan for the Charlotte, Raleigh-Durham, and Winston-Salem
Areas. EPA determined that the 2015 MVEBs are adequate through a
previous action.
DATES: This direct final rule is effective May 23, 2006 without further
notice, unless EPA receives adverse comment by April 24, 2006. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No EPA-R04-
0AR-2005-NC-0002, by one of the following methods:
1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
2. E-mail: wood.amanetta@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-0AR-2005-NC-0002'', Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW, Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Amanetta Wood of the Air Quality
Modeling and Transportation Section at the Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
Instructions: Direct your comments to Docket ID No. : ``EPA-R04-
0AR-2005-NC-0002''. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov
or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Amanetta Wood of the Air Quality
Modeling and Transportation Section at the Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9025. Ms. Amanetta Wood
can also be reached via electronic mail at wood.amanetta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for This Action?
II. What Is EPA's Analysis of the Charlotte, Raleigh-Durham, and
Winston-Salem Areas' Second 10-Year Maintenance Plan?
III. What Is EPA's Action on the Charlotte, Raleigh-Durham, and
Winston-Salem Areas' Second 10-Year Maintenance Plan?
IV. What Is an Adequacy Determination and What Is EPA's Adequacy
Determination for the Charlotte, Raleigh-Durham, and Winston-Salem
Areas' New MVEBs for the Year 2015?
V. Statutory and Executive Order Reviews
I. What Is the Background for This Action?
In 1994, based on measured air quality data, the Charlotte,
Raleigh-Durham, and Winston-Salem Areas were able to demonstrate
attainment with the carbon monoxide National Ambient Air Quality
Standard (NAAQS) due to numerous control measures implemented in each
of the respective Areas. As a result of the measured air quality data,
North Carolina petitioned
[[Page 14818]]
EPA for redesignation of these three Areas to attainment for carbon
monoxide. In 1994, EPA redesignated the Winston-Salem Area to
attainment based on the measured air quality data and a 10-year
maintenance plan submitted for the Winston-Salem Area (59 FR 48399). In
1995, EPA redesignated both the Charlotte Area and the Raleigh-Durham
Area to attainment based on the measured air quality data and the 10-
year maintenance plan submitted for these areas (60 FR 39258).
The air quality maintenance plan is a requirement of the 1990 CAA
amendments for nonattainment areas that come into compliance with the
NAAQS to assure their continued maintenance of that standard. Eight
years after redesignation to attainment, section 175A(b) of the CAA
requires the state to submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for the 10
years following the initial 10-year period (this is known as the second
10-year maintenance plan). The second 10-year maintenance plan updates
the original 10-year carbon monoxide maintenance plan for the next 10-
year period. Thus, pursuant to the CAA section 175A(b), North Carolina
was required to submit the second 10-year maintenance plan for the
Charlotte, Raleigh-Durham, and Winston-Salem Areas demonstrating that
it would continue to attain the carbon monoxide NAAQS in those Areas
through 2015.
II. What Is EPA's Analysis of the Charlotte, Raleigh-Durham, and
Winston-Salem Areas' Second 10-Year Maintenance Plan?
On March 23, 2005, the State of North Carolina, through the North
Carolina Department of Environment and Natural Resources (NCDENR),
submitted a SIP revision to EPA that provided for the second 10-year
maintenance plan for the Charlotte, Raleigh-Durham, and Winston-Salem
Areas as required by section 175A(b) of the CAA. This second 10-year
maintenance plan for the Charlotte, Raleigh-Durham, and Winston-Salem
Areas includes a new carbon monoxide emission inventory for 2000 which
reflects emission controls applicable for the Charlotte, Raleigh-
Durham, and Winston-Salem Areas, and actual and projected emissions for
2000, 2005, 2010, and 2015. The SIP revision also establishes new MVEBs
for carbon monoxide for 2015 for the Charlotte, Raleigh-Durham, and
Winston-Salem Areas.
The emission reduction measures for carbon monoxide emissions
implemented in the Charlotte, Raleigh-Durham, and Winston-Salem Areas
from 1995 to 2005, and control measures that are projected to occur
between 2005 and 2015, are accounted for in the 2000 emission inventory
and projected emissions estimates. The following three tables provide
emissions data and projections for carbon monoxide. The on-road mobile
portion of the data was calculated with Mobile 6.2.
Table 1.--Charlotte Carbon Monoxide Area--Mecklenburg County Emission Inventory and Projected CO Emissions (2000-
2015)
[Calculated in tons per day]
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Non-road On-road
Area mobile mobile Point Total
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2000........................................... 24.97 142.23 522.39 5.58 695.17
2005........................................... 29.42 160.64 431.03 6.43 627.52
2010........................................... 32.42 171.27 357.99 7.45 569.13
2015........................................... 34.96 181.77 328.79 8.27 553.79
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Table 2.--Raleigh-Durham Carbon Monoxide Area--Durham and Wake County Emission Inventory and Projected CO
Emissions (2000-2015)
[Calculated in tons per day]
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Non-road On-road
Area mobile mobile Point Total
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Durham County:
2000....................................... 13.45 31.98 178.79 0.86 225.08
2005....................................... 15.44 34.12 152.32 0.91 202.79
2010....................................... 16.73 31.52 118.71 0.98 167.94
2015....................................... 17.99 28.82 105.30 1.05 153.16
Wake County:
2000....................................... 35.21 87.26 419.46 1.36 543.29
2005....................................... 41.45 97.02 362.51 1.44 502.42
2010....................................... 45.36 102.61 300.12 1.57 449.66
2015....................................... 49.21 108.12 282.39 1.69 441.41
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Table 3.--Winston-Salem Carbon Monoxide Area--Forsyth County Emission Inventory and Projected CO Emissions (2000-
2015)
[Calculated in tons per day]
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Non-road On-road
Area mobile mobile Point Total
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2000........................................... 25.13 40.35 259.88 2.56 327.92
2005........................................... 29.58 44.07 211.02 2.49 287.16
2010........................................... 32.10 43.50 168.17 2.61 246.38
2015........................................... 34.51 43.00 145.05 2.76 225.32
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The attainment level of emissions is the level of emissions during
one of the years in which the area met the NAAQS. The Charlotte,
Raleigh-Durham, and Winston-Salem Areas continued to attain the carbon
monoxide NAAQS based on air quality data for the year 2000. Therefore,
in this SIP revision, the emissions from the year 2000 are used to
calculate a new attainment emissions level for the Charlotte, Raleigh-
Durham, and Winston-Salem Areas. The emissions from point, area,
nonroad, and mobile sources in 2000 equal 695.17 tons per day (tpd) of
carbon monoxide for Mecklenburg County, 225.08 tpd for Durham County,
543.29 tpd for Wake County, and 327.92 tpd for Forsyth County. The
projected carbon monoxide emissions for the year 2015 equal 553.79 tpd
for Mecklenburg County, 153.16 tpd for Durham County, 441.41 tpd for
Wake County, and 225.32 tpd for Forsyth County. These emission
calculations were made using the MOBILE6.2 model and the most recent
version of the nonroad model. The projected emissions are lower than
the attainment level of emissions, thus demonstrating continued
maintenance of the carbon monoxide NAAQS.
The safety margin is the difference between the attainment level of
emissions (from all sources) and the projected level of emissions (from
all sources) in the maintenance plan. The safety margin is for the
entire Charlotte, Raleigh-Durham, and Winston-Salem Areas and is sub-
allocated by county. The safety margin credit, or a portion thereof,
can be allocated to the transportation sector, however, the total
emission level must stay below the attainment level. The safety margin
for carbon monoxide is the difference between these amounts or, in this
case, 141.39 tpd for Mecklenburg County for 2015, 71.92 tpd for Durham
County for 2015, 101.88 tpd for Wake County for 2015, and 102.59 tpd
for Forsyth County for 2015. The emissions are projected to maintain
the Charlotte, Raleigh-Durham, and Winston-Salem Areas' air quality
consistent with the carbon monoxide NAAQS.
Maintenance plans and other control strategy SIPs create MVEBs for
criteria pollutants and/or their precursors to address pollution from
cars and trucks. The MVEB is the portion of the total allowable
emissions that is allocated to highway and transit vehicle use and
emissions. The MVEB serves as a ceiling on emissions from an area's
planned transportation system.
The MVEB concept is further explained in the preamble to the
November 24, 1993, Transportation Conformity Rule (58 FR 62188). The
preamble also describes how to establish and revise MVEBs in a SIP. In
this SIP revision, the Charlotte, Raleigh-Durham, and Winston-Salem
Areas used MOBILE6.2 to establish MVEBs for carbon monoxide for the
year 2015. The State of North Carolina has chosen to allocate the
entire safety margin to the transportation section. These MVEBs are
listed in Tables 4.1, 4.2, and 4.3.
Table 4.1.--Mecklenburg County 2015 MVEB With Safety Margin Included
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2015 projected
on-road 2015 MVEB with
emissions Safety margin safety margin
(tons per day)
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CO........................................................... 328.79 141.39 470.18
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Table 4.2.--Durham County 2015 MVEB With Safety Margin Included
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2015 projected
on-road 2015 MVEB with
emissions Safety margin safety margin
(tons per day)
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CO........................................................... 105.30 71.92 177.22
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Table 4.3.--Wake County 2015 MVEB With Safety Margin Included
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2015 projected
on-road 2015 MVEB with
emissions Safety margin safety margin
(tons per day)
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CO........................................................... 282.39 101.88 384.27
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Table 4.4.--Forsyth County 2015 MVEB With Safety Margin Included
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2015 on-road
emissions Safety margin MVEB with
(tons per day) safety margin
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CO........................................................... 145.05 102.59 247.64
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The MVEBs presented in Table 4.5 are directly reflective of the
combined onroad (or ``highway'') emissions for the Charlotte, Raleigh-
Durham, and Winston-Salem Areas for carbon monoxide, plus allocation
from the available safety margin. After allocation of the safety margin
to the MVEBs there is no available safety margin for future allocation.
In summary, the new carbon monoxide MVEBs for the year 2015 are 470.18
tpd for Mecklenburg County; 177.22 tpd for Durham County; 384.27 tpd
for Wake County; and 247.64 tpd for Forsyth County. The MVEBs for the
Charlotte, Raleigh-Durham, and Winston-Salem Areas that the
[[Page 14820]]
transportation partners must use are provided in the table below.
Table 4.5.--2015 MVEBs for CO
[Tons per day]
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Mecklenburg County............................................. 470.18
Durham County.................................................. 177.22
Wake County.................................................... 384.27
Forsyth County................................................. 247.64
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III. What Is EPA's Action on the Charlotte, Raleigh-Durham, and
Winston-Salem Areas' Second 10-Year Maintenance Plan?
EPA is approving North Carolina's SIP revision pertaining to the
Charlotte, Raleigh-Durham, and Winston-Salem Areas' second 10-year
maintenance plan, including the new 2015 MVEBs for carbon monoxide.
IV. What Is an Adequacy Determination and What Are EPA's Adequacy
Determinations for the Charlotte, Raleigh-Durham, and Winston-Salem
Areas' New MVEBs for the Year 2015?
Under Section 176(c) of the CAA, new transportation projects, such
as the construction of new highways, must ``conform'' to (i.e. be
consistent with) the part of the State's air quality plan that
addresses pollution from cars and trucks. ``Conformity'' to the SIP
means that transportation activities will not cause new air quality
violations, worsen existing violations, or delay timely attainment of
the NAAQS. Under the transportation conformity rule, at 40 CFR part 93,
projected emissions from transportation plans and programs must be
equal to or less than MVEBs for the area. If a transportation plan does
not ``conform,'' most new projects that would expand the capacity of
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA
policy, criteria and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP.
Until MVEBs in a SIP submittal are approved by EPA, they cannot be
used for transportation conformity purposes unless EPA makes an
affirmative finding that the MVEBs contained therein are ``adequate.''
Once EPA affirmatively finds the submitted MVEBs adequate for
transportation conformity purposes, those MVEBs can be used by the
State and Federal agencies in determining whether proposed
transportation projects ``conform'' to the SIP even though the approval
of the SIP revision containing those MVEBs has not yet been finalized.
EPA's substantive criteria for determining ``adequacy'' of MVEBs in
submitted SIPs are set out in EPA's Transportation Conformity Rule at
40 CFR 93.118(e)(4).
Through this rulemaking, EPA is providing information on the status
of its transportation conformity adequacy determination for new MVEBs
for the year 2015 that are contained in the second 10-year maintenance
plan for the Charlotte, Raleigh-Durham, and Winston-Salem Areas. The
adequacy comment period for the 2015 MVEBs began on March 29, 2005,
with EPA's posting of availability of this submittal on EPA's Adequacy
Web site (at http://www.epa.gov/otaq/transp.htm). The adequacy comment
period for these MVEBs closed on April 28, 2005. No comments on this
submittal were received during EPA's adequacy comment period.
In a letter dated April 29, 2005, to B. Keith Overcash, Director of
the Division of Air Quality NCDENR, EPA informed the State of its
intention to find the new 2015 MVEBs for carbon monoxide adequate for
transportation conformity purposes. Subsequently, in a Final Federal
Register notice dated May 6, 2005, (70 FR 24037) EPA found the
Charlotte, Raleigh-Durham, and Winston-Salem Areas' 2015 carbon
monoxide MVEBs adequate. These MVEBs meet the adequacy criteria
contained in the Transportation Conformity Rule. The 2015 MVEBs for the
Charlotte, Raleigh-Durham, and Winston-Salem Areas are currently being
used for transportation conformity determinations. For regional
emission analysis years that involve the year 2015 or beyond, the
applicable budget for the purposes of conducting transportation
conformity analysis will be the following 2015 MVEBs for carbon
monoxide: 470.18 tpd for Mecklenburg County; 177.22 tpd for Durham
County; 384.27 tpd for Wake County; and 247.64 tpd for Forsyth County.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely affects the status of a
geographical area, does not impose any new requirements on sources or
allow a state to avoid adopting or implementing other requirements, and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996,
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generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 23, 2006. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Reporting and recordkeeping requirements, Intergovernmental relations,
Ozone.
Dated: March 14, 2006.
A. Stanley Maiburg,
Acting Regional Administrator, Region 4.
0
40 CFR part 52, is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. Section 52.1770 (e) is amended by adding a new entry at the end of
the table for ``Charlotte, Raleigh-Durham, and Winston-Salem Carbon
Monoxide Second 10-Year Maintenance Plan'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
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Federal Register
Provision State effective date EPA approval date citation
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* * * * * * *
Charlotte, Raleigh-Durham, March 18, 2005............ March 24, 2006............ [Insert first page of
and Winston-Salem Carbon publication]
Monoxide Second 10-Year
Maintenance Plan.
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[FR Doc. 06-2870 Filed 3-23-06; 8:45 am]
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