### ENVIRONMENTAL PROTECTIONAGENCY 40 CFRPart 52 [EPA-R04-OAR-2009-0751-200928; FRL- ] Approval and Promulgation of Implementation Plans and Designations ofAreas 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

: EPAis 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: EPAhas 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. FORFURTHERINFORMATIONCONTACT: 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 EPATaking? II . What is the Effect ofthis 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 EPATaking? EPAis 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 attainmentofthe 1997 PM2 .5 NAAQS based on the 2006-2008data. In addition, quality controlled and quality assured monitoring data submitted during the calendar year 2009, which are available in the EPAAir Quality Systemdatabase, but not yet certified, indicate that this area continues to meet the 1997 PM2

.5 NAAQS

. Other specific requirements ofthe determination and the rationale for EPA's proposed action are explained in the notice of proposed rulemaking (NPR) published on October 6, 2009 (74 FR48863) andwill 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 ofthis Action? This final action, in accordance with 40 CFR51 .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? EPAfinds 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 ofthe 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 ifthe rule "grants or recognizes an exemption or relieves a restriction" and 5U

.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 ofattainment 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 ofthe standard as long as this area continues to meet the 1997 PMZ.5 NAAQS. The suspension ofthese requirements is sufficient reason to allowan expedited effective date ofthis rule under 5 U .S.C. 553(d)(1) . In addition, this nonattainment area's suspension fromthese requirements provide good cause to make this rule effective on the date of publication ofthis 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 ofNorth 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 furtherprogress plans, contingency measures, and other planning SIPs related to attainment ofthe 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 ofthe CAAand 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 ofthe 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 reviewby 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 ofthe Paperwork Reduction Act (44 U.S.C. 3501 et sea.) ; " is certified as not having a significant'economic impact on a substantial number ofsmall 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 Federalismimplications 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 FR28355, May 22, 2001) ; " is not subject to requirements ofSection 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U .S.C. 272note) because application of those requirements would be inconsistent with the CAA ; and " does not provide EPAwith the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR7629, February 16, 1994) . In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPAnotes 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 ofthe United States. EPA will submit a report containing this action and other required information to the U.S. Senate, theU.S. House of Representatives, and the Comptroller General of the United States prior to

publication ofthe rule in the Federal Register. Amajor 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 forJudicial Review Under section 307(b)(1) of the CAA, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate circuit by [Insert date 60 days from date of publication ofthis document in the Federal Re ig ster] . Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthis action for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness ofsuch rule or action. This action, pertaining to the determination ofattaining data for the 1997 fine particulate matter standard for the Hickory, North Carolina, PMZ.5nonattainment area, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2) .)List ofSubjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Particulate matter.



# _ Gn~ tz--,-~i;~o5 ~s ~~ - 12/15/09 (~ J . Scott Gordon Date Acting Regional Administrator, Region 4 .40 CFRpart 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 ofAttaining Data. EPAhas 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 ofthe standard for as long as this area continues to meet the 1997 PM2 .s NAAQS.