N.C. Department of Environment and Natural Resources
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15A NCAC 02D .2001



SECTION .2000 - TRANSPORTATION CONFORMITY PURPOSE, SCOPE AND APPLICABILITY



(a) The purpose of this Section is to assure the conformity of transportation plans, programs, and projects that are developed, funded, or approved by the United States Department of Transportation and by metropolitan planning organizations or other recipients of funds under Title 23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601 et seq.), or State or Local only sources of funds, with all plans required of areas designated as nonattainment or maintenance under 40 CFR 81.334 or listed in Paragraph (b), (c), or (d) of this Rule. (b) This Section applies to the emissions of volatile organic compounds and nitrogen oxides in the following areas:



(1) (2) (3) (4) (5) (6) (7) (8) (9)



Davidson County, Durham County, Forsyth County, Gaston County, Guilford County, Mecklenburg County, Wake County, Dutchville Township in Granville County, and that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek, and back to the Yadkin River.



(c) This Section applies to the emissions of carbon monoxide in the following areas:



(1) (2) (3) (4) Durham County, Forsyth County, Mecklenburg County, and Wake County.



(d) This Section applies to the emissions of:



(1) (2)



particulate matter in areas identified in 40 CFR 81.334 as nonattainment for fine particulate (PM2.5), or volatile organic compounds or nitrogen oxides in areas identified in 40 CFR 81.334 as nonattainment for ozone.



(e) This Section applies to FHWA/FTA projects or regionally significant State or local projects. For FHWA/FTA projects or regionally significant State or local projects in the areas identified in Paragraph (b), (c), or (d) of this Rule and for the pollutants identified in Paragraph (b), (c), or (d) of this Rule, this Section applies to:



(1)



(2)



(3)



the adoption, acceptance, approval, or support of transportation plans and transportation plan amendments developed pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a metropolitan planning organization or the United States Department of Transportation; the adoption, acceptance, approval, or support of transportation improvement programs or amendments to transportation improvement programs pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a metropolitan planning organization or the United States Department of Transportation; or the approval, funding, or implementation of FHWA/FTA projects.



Conformity determinations are not required under this Section for individual projects that are not FHWA/FTA projects. However, 40 CFR 93.121 shall apply to these projects if they are regionally significant projects. (f) This Section applies to maintenance areas for 20 years from the date the Environment Protection Agency approves the area's request under Section 107(d) of the Clean Air Act for redesignation to attainment.



History Note:



Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); Eff. April 1, 1999; Amended Eff. December 1, 2005.






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Last Modified: Mon Mar 10 08:16:43 2008
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