ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R04-OAR-2009-0751-200928; FRL- ] 

Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality 

Planning Purposes; North Carolina: Hickory-Morganton-Lenoir; Determination of Attaining 

Data for the 1997 Fine Particulate Matter Standard 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule . 

SUMMARY: EPA is determining that the Hickory-Morganton-Lenoir, North Carolina, 

(hereafter referred to as "Hickory, North Carolina") nonattainment area for the 1997 fine 

particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) has attaining data 

for the 1997 PMZ_5 NAAQS. 

EFFECTIVE DATE: This final rule is effective on [ insert date of publication] . 

ADDRESSES: EPA has established a docket for this action under Docket ID Number EPAR04-OAR-2009-0751 . All documents in the docket are listed in the www.regulations .gov 

website. Although listed in the electronic docket, some information is not publicly available, i.e ., 

confidential business information (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 through www.repulations .gov or in hard copy for public inspection 

during normal business hours 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. 

FOR FURTHER INFORMATION CONTACT: Joel Huey, 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. Mr. Huey may be reached by phone at (404) 562-9104 or via electronic mail at 

huey.joelna,epa.gov. For information relating to the North Carolina State Implementation Plan 

(SIP), please contact Nacosta Ward at (404) 562-9140 . Ms. Ward can also be reached at 

ward. nacostaAepa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What Action is EPA Taking? 

II . What is the Effect of this Action? 

III. When is this Action Effective? 

IV . What is EPA's Final Action? 

V. What are the Statutory and Executive Order Reviews? 

I. What Action is EPA Taking? 

EPA is determining that the Hickory, North Carolina, nonattainment area has attaining 

data for the 1997 PM2,5 NAAQS. This determination is based upon quality assured, quality 

controlled and certified ambient air monitoring data that show the area has monitored attainment 
of the 1997 PM2.5 NAAQS based on the 2006-2008 data. In addition, quality controlled and 

quality assured monitoring data submitted during the calendar year 2009, which are available in 

the EPA Air Quality System database, but not yet certified, indicate that this area continues to 

meet the 1997 PM2.5 NAAQS. 

Other specific requirements of the determination and the rationale for EPA's proposed 

action are explained in the notice of proposed rulemaking (NPR) published on October 6, 2009 

(74 FR 48863) and will not be restated here. The comment period closed on November 5, 2009. 

No public comments were received in response to the NPR. 

11 . What is the Effect of this Action? 

This final action, in accordance with 40 CFR 51 .1004(c), suspends the requirements for 

this area to submit attainment demonstrations, associated reasonably available control measures, 

reasonable further progress plans, contingency measures, and other planning SIPs related to 

attainment of the 1997 PMZ.5 NAAQS as long as this area continues to meet the 1997 PM2,5 

NAAQS. 

111. When is the Action Effective? 

EPA finds that there is good cause for this approval to become effective on the date of 

publication of this action in the Federal Re ig ster, because a delayed effective date is unnecessary 

due to the nature of the approval. The expedited effective date for this action is authorized under 

both 5 U.S .C. 553(d)(1), which provides that rule actions may become effective less than 30 days 

after publication if the rule "grants or recognizes an exemption or relieves a restriction" and 5 
U.S .C . 553(d)(3), which allows an effective date less than 30 days after publication "as otherwise 

provided by the agency for good cause found and published with the rule ." As noted above, this 

determination of attainment suspends the requirements for the Hickory, North Carolina, PMz.5 

nonattainment area to submit an attainment demonstration, associated reasonably available 

control measures, a reasonable further progress plan, contingency measures, and any other 

planning SIPs related to attainment of the standard as long as this area continues to meet the 1997 

PMZ.5 NAAQS. The suspension of these requirements is sufficient reason to allow an expedited 

effective date of this rule under 5 U.S .C . 553(d)(1). In addition, this nonattainment area's 

suspension from these requirements provide good cause to make this rule effective on the date of 

publication of this action in the Federal Register , pursuant to 5 U.S .C . 553(d)(3). The purpose of 

the 30-day waiting period prescribed in 5 U.S.C. 553(d) is to give affected parties a reasonable 

time to adjust their behavior and prepare before the final rule takes effect . Where, as here, the 

final rule suspends requirements rather than imposing obligations, affected parties, such as the 

State of North Carolina, do not need time to adjust and prepare before the rule takes effect . 

IV. What is EPA's Final Action? 

EPA is determining that the Hickory, North Carolina, nonattainment area has attaining 

data for the 1997 PM2,5 NAAQS. This determination is based upon quality assured, quality 

controlled, and certified ambient air monitoring data showing that this area has monitored 

attainment of the 1997 PM2.5 NAAQS during the period 2006-2008 . This final action, in 

accordance with 40 CFR 51 .1004(c), will suspend the requirements for this area to submit 

attainment demonstrations, associated reasonably available control measures, reasonable further 
progress plans, contingency measures, and other planning SIPs related to attainment of the 1997 

PMz.5 NAAQS as long as the Area continues to meet the 1997 PM2,5 NAAQS. 

V. What are Statutory and Executive Order Reviews? 

A. General Requirements 

Under the CAA, the Administrator is required to approve a SIP submission that complies 

with the provisions of the CAA and applicable Federal regulations. 42 U.S .C. 7410(k); 40 CFR 

52.02(a) . Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided 

that they meet the criteria of the CAA. Accordingly, this action merely approves state law as 

meeting Federal requirements and does not impose additional requirements beyond those 

imposed by state law. For that reason, this action : 

" is not a "significant regulatory action" subject to review by the Office of Management and 

Budget under Executive Order 12866 (58 FR 51735, October 4, 1993) ; 

" does not impose an information collection burden under the provisions of the Paperwork 

Reduction Act (44 U.S .C. 3501 et sea.) ; 

" is certified as not having a significant' economic impact on a substantial number of small 

entities under the Regulatory Flexibility Act (5 U.S .C. 601 et sect .) ; 

" 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) ; 

" does not have Federalism implications as specified in Executive Order 13132 (64 FR 

43255, August 10, 1999); 
" is not an economically significant regulatory action based on health or safety risks subject 

to Executive Order 13045 (62 FR 19885, April 23, 1997); 

" is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, 

May 22, 2001); 

" is not subject to requirements of Section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 272 note) because application of those 

requirements would be inconsistent with the CAA; and 

" does not provide EPA with the discretionary authority to address, as appropriate, 

disproportionate human health or environmental effects, using practicable and legally 

permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994) . 

In addition, this rule does not have tribal implications as specified by Executive Order 

13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian 

country located in the state, and EPA notes that it will not impose substantial direct costs on 

tribal governments or preempt tribal law. 

B. Submission to Congress and the Comptroller General 

The Congressional Review Act, 5 U.S .C. 801 et seg ., as added by the Small Business 

Regulatory Enforcement Fairness Act of 1996, 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 action 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 Re ister. This action is not a "major rule" as defined by 5 U.S .C. 

804(2) . 

C. Petitions for Judicial Review 

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 [ Insert date 60 days from 

date of publication of this document in the Federal Re ig ster ] . Filing a petition for 

reconsideration by the Administrator of this final rule does not affect the finality of this action 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, 

pertaining to the determination of attaining data for the 1997 fine particulate matter standard for 

the Hickory, North Carolina, PMZ.5 nonattainment area, 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, Incorporation by reference, Particulate matter . 

tz--,-~- i ;~o 5 ~s _ ~~ Gn~ 

12/15/09 (~ J . Scott Gordon 

Date Acting Regional Administrator, 

Region 4. 
40 CFR part 52 is amended as follows : 

PART 52 - [AMENDED] 

1 . The authority citation for part 52 continues to read as follows: 

Authority: 42 U.S .C. 7401 et sea . 

Subpart 11- North Carolina 

2 . Section § 52.1781 is amended to read as follows : 

§ 52.1781 Control strategy: Sulfur oxides and particulate matter. 

(f) Determination of Attaining Data. EPA has determined, as of [ insert date of publication], the 

Hickory-Morganton-Lenoir, North Carolina, nonattainment area has attaining data for the 1997 

PM2.5 NAAQS. This determination, in accordance with 40 CFR 52.1004(c), suspends the 

requirements for this area to submit an attainment demonstration, associated reasonably available 

control measures, a reasonable further progress plan, contingency measures, and other planning 

SIPs related to attainment of the standard for as long as this area continues to meet the 1997 

PM2.s NAAQS.