ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 81 

Approval and Promulgation of Implementation Plans; 

Extension of Attainment Date for the Charlotte-Gastonia-Rock Hill, North CarolinaSouth Carolina 1997 8-Hour Ozone Moderate Nonattainment Area 

AGENCY: Envhonmental Protection Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of North Carolina, through the North Carolina Department of 

Environment and Natural Resources (NC DENR), and the State of South Carolina, through the 

South Carolina Department of Environmental Control (SC DHEC), submitted letters with a 

request for EPA to grant a one-year extension of the attainment date for the 1997 &hour ozone 

national ambient air quality standards (NAAQS) for the Charlotte-Gastonia-Rock Hill, North 

Carolina-South Carolina Area (hereafter referred to as the "bi-state Charlotte Area"), on April 

28,2010, and May 6,2010, respectively. The bi-state Charlotte Area consists of Cabarms, 

Gaston, Lincoln, Mecklenburg, Rowan, Union Counties and a portion of Iredell County 

(Davidson and Coddle Creek Townships), North Carolina, and a portion of York County, South 

Carolina. In today's action, EPA is proposing to detennine that the states of North Carolina and 

South Carolina have met the Clean Air Act (CW or the Act) requirements to obtain a one-year 

extension to their attainment date for the 1997 &hour ozone NAAQS for the bi-state Charlotte 

Area. As a result, EPA is proposing to approve a one-year extension of the 1997 8-hour ozone 
moderate attainment date for the bi-state Charlotte Area. Specifically, EPA is proposing to ,J 

extend the bi-state Charlotte Area's attainment date from June 15,2010, to June 15,2011. 

DATES: Comments must be received on or before [insert date 30 davs after date of publication 

in the Federal Register]. 

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-OAR-2010- 

0504 by one of the following methods: 

1. www.rermlations.g;ov: Follow the on-line instructions for submitting comments. 

2. E-mail: beniamin.lvnorae @ epa. ~ov. 

4. Mail: "EPA-R04-OAR-2010- 0504" 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: Lynorae Benjamin, Chief, 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. Such deliveries are only accepted during the Regional Office's normal 

hours of operation. The Regional Office's offcial horn of business are Monday through 

Friday, 8:30 to 4:30, excluding federal holidays. 

Instructions: Direct your comments to Docket ID No. "EPA-R04-OAR-2010-0504-201029. 

EPAs policy is that all comments received will be included in the public docket without change 

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and may be made available online at 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 www.rePulations.gov or e-mail, information that you consider to be CBI or otherwise 

protected. The www.rermlations.eov website 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 email comment directly to EPA without going through 

www.regulations.~ov, 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 

htt~://www.e~a.~ov/e~ahome/dockets.htrn. 

Docket: All documents in the electronic docket are listed in the www.regulations.mv 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 www.repulations.~ov 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 

430, excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jane Spann, Regulatory Development 

Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 

Ejlviromental Protection Agency, Region 4,61 Forsyth Street, SW, Atlanta, Georgia 30303- 

8960. The telephone number is (404) 562-9029. Ms. Span.. can also be reached via electronic 

mail at s~ann.iane@e~a.~ov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

11. Today's Action 

HI. EPA's Analysis of the States' Requests for an Attainment Date Extension for the biState Charlotte Area for the 1997 8-Hour Ozone NAAQS 

IV, Proposed Actions 

V. Statutory and Executive Order Reviews 

I. Background 

A. 1997 &Hour Ozone NAAQS 
Ground level ozone is not directly emitted by sources. Rather, emissions of nitrogen 

oxides (NOx) and volatile organic compounds (VOC) react in the presence of sunlight to form 

ground-Ievel ozone. NOx and VOC are referred to as precursors of ozone. The CAA establishes 

a process for air quality management through the NAAQS. On July 18, 1997, EPA promulgated 

a revised 8-hour ozone NAAQS of 0.08 parts per million (ppm). Under EPA's regulations at 40 

CFR part 50, the 1997 &hour ozone NAAQS is attained when the 3-year average of the annual 

fourth highest daily maximum 8-hour average ambient air quality ozone concentrations is less 

than or equal to 0.08 ppm (i-e., 0.084 ppm when rounding is considered). 69 FR 23857, April 

30,2004. Ambient air quality monitoring data for the 3-year period must meet a data 

completeness requirement. The ambient air quality monitoring data completeness requirement is 

met when the average percent of days with valid ambient monitoring data is greater than 90 

pekent, and no single year has less than 75 percent data completeness ddetennined in 

Appendix I of part 50. 

Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate as 

nonattainment any area that is violating the NAAQS, based on the three most recent years of 

ambient air quality data at the conclusion of the designation process. The bi-state Charlotte Area 

was designated nonattainment for the 1997 8-hour ozone NAAQS on April 30,2004 (effective 

June 15,2004) using 2001-2003 ambient air quality data (69 FR 23857, Aprd 30,2004). At the 

time of designation the bi-state Charlotte Area was classified as a moderate nonattainment area 

for the 1997 8-hour ozone NAAQS. In the April 30,2004, Phase I Ozone Implementation Rule, I 

EPA established ozone nonattainment area attainment dates based on Table 1 of section 181(a) 

of the CAA. This established an attainment date 6 years after the June 15,2004; effective date 

for areas classified as moderate areas for the 1997 8-hour ozone nonattainment designations. 
Therefore the bi-state Charlotte Area's original attainment date was June 15,2010. (See 69 FR 

23951, April 30,2004.) Under certain circumstances, the CAA allows for extensions of the 

attainment dates prescribed at the time of the original nonattainrnent designation. See below for 

further discussion. 

As a point of clarification, EPA issued a revised %hour ozone NAAQS in 2008. EPA 

subsequently reconsidered the 2008 NAAQS, and proposed a new %hour ozone NAAQS in 

January 2010. Fi %hour ozone NAAQS are expected to be effective in August 2010. The 

current proposed action, however, is being taken with regard to the 1997 8-hour ozone NAAQS. 

Requirements for the bi-state Charlotte Area for the 2010 8-hour ozone NAAQS will be 

addressed in the future. 

B. CAA Requirements for One-Year Extension Requests 

Section 181(b)(2)(A) requires the Administrator, within six months of the attainment 

date, to determine whether an ozone nonattainment area attained the NAAQS. CAA section 

181(b)(2)(A) states that, for areas classified as marginal, moderate, or serious, if the 

Administrator determines that the area did not attain the standard by its attainment date, the area 

must be reclassified to the next classification. However, CAA Section 181(a)(5) provides an 

exemption from these reclassification requirements. Under this provision, EPA may grant up to 

2 one-year extensions of the attainment date under specified conditions. Specifically, Section 

18 1 (a)@) states: 

Upon application by any State, the Administrator may extend for 1 additional year 

(hereinafter referred to as the "Extension Year") the date specsed in table 1 of 

paragraph (1) of this subsection if-- 
(A) the State has complied with all requirements and commitments pertaining to the 

area in the applicable implementation plan, and 

(B) no more than 1 exceedance of the national ambient air quality standard level for 

ozone has occurred in the area in the year preceding the Extension Year. 

42 U.S.C. 751 1(a)(5). With regard to the first element, "applicable implementation plan" is 

defined in Section 302(q) of the CAA as, "the portion (or portions) of the implementation plan, 

or most recent revision thereof, which has been approved under Section 7410 of this title, or 

promulgated under Section 7410(c) of this title, or promulgated or approved pursuant to 

regulations promulgated under Section 7601(d) of this title and which implements the relevant 

requirements of this chapter." 42 U.S.C. 7602(q). 

The language in section 181(a)(5)(B) reflects the form of the 1-hour ozone NAAQS, 

which is exceedance based and does not reflect the 1997 8-hour ozone NAAQS, which is 

concentration based. Because section 181(a)(5)(B) does not reflect the form of the 8-hour 

NAAQS and application would produce an absurd result, EPA interprets this provision in a 

manner consistent with Congressional intent but reflecting the form of the 1997 &hour NAAQS. 

Therefore, EPA adopted an interpretation that under both section 172(a)(2)(C) and 181(a)(5), an 

area will be eligible for the first of the one-year extensions under the &hour NAAQS if, for the 

attainment year, the area's 4' highest daily &hour average is 0.084 ppm or less. The area will be 

eligible for the second extension if the area's 4& highest daily &hour value averaged over both 

the original attainment year and the first extension year is 0.084 ppm or less. No more than 2 

one-year extensions may be issued for a single nonattainment area. 

EPA interprets the CAA and implementing regulations to allow the granting of a oneyear extension under the following minimum conditions: (1) the state requests a one-year 
extension; (2) all requirements and commitments in the EPA-approved SIP for the area have 

been complied with: and (3) the area has a 4& highest daily 8-how average of 0.084 ppm or less 

for the attainment year (or an area's 4L highest daily 8-hour value averaged over both the 

original attainment year and the first extension year is 0.084 ppm or less, if a second one-year 

extension is requested). 

IL Today's Actions 

EPA is proposing to determine that North Carolina and South Carolina have met the 

CAA requirements to obtain a one-year extension of the attainment date for the 1997 8-hour 

ozone NAAQS for the bi-state Charlotte Area. As a result, EPA is proposing to extend the bistate Charlotte Area's attainment date from June 15,2010, to June 15,201 1, for the 1997 &hour 

,ozone NAAQS. EPA's proposed actions are based upon complete, quality assured, quality 

controlled, and certified ambient air monitoring data for 2009, and on EPA's preliminary 

de)ermination that the States are meeting their federally-approved implementation plans. If 

today's proposed actions are finalized, the bi-state Charlotte Area's attainment date for the 1997 

8-hour ozone NAAQS will be extended one-year from June 15,2010, to June 15,201 1. 

111. EPA's Analysis of the States' Requests for an Attainment Date Extension for the biState Charlotte Area for the 1997 &Hour Ozone NAAQS 

As mentioned above, EPA interprets the CAA and implementing regulations to allow the 

granting of a one-year extension under the following minimum conditions: (1) the state requests 

a one-year extension; (2) all requirements and commitments in the EPA-approved SIP for the 

area have been complied with; and (3) the area has a 4& highest daily 8-hour average of 0.084 

8 1 

. % 
ppm or less for the attainment year (or an area's 4m highest daily 8-hour value averaged over 

both the original attainment year and the first extension year is 0.084 ppm or less, if a second 

one-year extension is requested). Below provides EPA's analysis of how North Carolina and 

South Carolina have met these minimum requ&ments. 

(1 The State(s) request(s) a oneyear extension. 

The State of North Carolina, through NC DENR, and the State of South Carolina, 

through SC DHEC, submitted letters on April 28,2010, and May 6,2010, respectively, 

requesting that EPA grant a one-year extension of the attainment date for the 1997 8-hour ozone 

NAAQS for the bi-state Charlotte Area. Both letters contained certifications that each state is 

complying witb all requirements and commitments pertaining to the bi-state Charlotte Area in 

the applicable implementation plan; and that the bi-state Charlotte Area has a 4th highest daily 8- 

hour average of 0.084 ppm or less for the attainment year (ie., 2009) for this initial request for 

an extension. EPA's analysis of the ceaifcations from North Carolina and South Carolina, and 

of the ambient air quality monitoring data for the bi-state Charlotte Area for the 1997 8-hour 

ozone NAAQS (i.e., in relation to the States' attainment date extension request) is provided 

below. 

(2) All requirements and commitments in the EPA-approved SIP for the area have been 

complied with. 

In the letters submitted by NC DENR and SC DHEC, on April 28,2010, and May 6, 

2010, respectively, both states discuss implementation of state measures in the SIP. One of the 

required elements for a one-year extension required under Section 181(a)(5) of the CAA is that 

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the State has complied with all requirements and commitments pertaining to the area in the 

applicable implementation plan (as that term is defined in Section 302(q) of the CAA). EPA has 

conducted an independent review of whether both North Carolina and South Carolina are in 

compliance with the applicable implementation plans for the bi-state Charlotte Area as intended 

by Section 181(a)(S)(A) of the CAA, and has made the preliminary determination that both states 

are in compliance. This preliminary determinirtion is based on EPA's belief tliat both states are 

cmently meeting the EPA-approved implementation plans for the bi-state Charlotte Area. 

While both states previously had outstanding requirements related to the 1997 8-hour 

ozone attainment demonstrations for the bi-state Charlotte Area, both states have provided the 

necessary SIP submittals. Nonetheless, EPA does not and did not view submission or approval 

of these attainment demonstrations as relevant for meeting the "applicable implementation 

plans" for the bi-state Charlotte Area with regard to Section 181(a)(5)(A) of the CAA. 

Nonetheless, on May 27, 20101, letters were sent to the Governors of North Carolina and South 

Carolina acknowledging submission of the attainment demonstrations for the bi-state Charlotte 

Area. EPA's May 27,2010, letters also announced EPA's determination that the attainment 

demonstration submissions provided by North Carolina and South Carolina were complete 

pursuant to Section 110(k)(l) of the CAA and the "Criteria for Determining the Completeness of 

Plan Submissions," as described in 40 CFR part 5 1, Appendix V, and thus EPA stopped the 

sanctions clocks that were running for the States' previous failure to provide these required 

submissions. EPA is currently reviewing the approvability of these attainment demonstration 

In EPA's May 27,2010, lettas to the Governs of North Carolina and South Carolina regarding the stoppage of 

the sanctions clocks for the f~nding of failure to submit for the bi-state Charlotte attainment demonstration for the 

1997 %hour ozone NAAQS, EPA inadvertently indicated the dates of the North Carolina attainment demonstration 

submissions were November 12,2008, and April 5,2009; and the dates of the South Carolina attainment 

demonstration submissions were November 13.2008, and April 29,2009. EPA has since sent a follow up letter 

correcting the dates of the submission for North Carolina as November 12,2009, and April 5,2010; and for South 

Carolina as November 13,2009, and April 29,2010. 
submissions and will make its final determination on approvability'through a separate 

rulemaking in the Federal Register. 

(3) The area has a 4& highest daily 8-hoar average of 0.084 ppm or less for the 

attainment year. 

In the letters submitted by NC DENR and SC DHEC, on April 28,2010, and May 6, 

2010, respectively, both states have certified that the 4th highest daily %hour average ozone 

concentration for the bi-state Charlotte Area in 2009 was below 0.084 ppm, and that the 2009 

ozone data which are included in EPA's Air Quality System (AQS) meets necessary quality 

control and quality assurance requirements. Table 1 provides the 2009 4& highest concentrations 

at the monitors in the bi-state Charlotte Area. 

Table 1 - 2009 4' Highest Concentrations for the bi-state Charlotte Area 

EPA has reviewed the 1997 8-hour ozone NAAQS ambient air quality monitoring data 

Monitoring site2 

Arrowood 

County Lie 

Crouse 

Enochville 

Garinger (Plaza) 

Monroe 

Rockwell 

for the bi-state Charlotte Area, consistent with the requirements contained in 40 CFR part 50 and 

While York County, South Carolina does have an ozone monitor, this monitor is not included in the portion of the 

bi-state Charlotte Area that is currently designated nonattainment for ozone and thus is not relevaut for consideration 

of the attainment date extension requests. However, the 4' maximum highest concentration in 2009 for the York 

County, South Carolina ozone monitor is 0.62 ppm - well below 0.084 ppm. 

11 

County 

Mecklenburg County, NC 

Mecklenburg County, NC 

Lincoln County, NC 

Rowan County, NC 

Mecklenburg County, NC 

Union County, NC 

Rowan County, NC 

2009 41b Highest Concentration (ppm)" 

0.068 

0.071 

0.065 

0.073 

0.069 

0.067 

0.071 
as recorded in the EPA AQS database. On the basis of that review, EPA has preliminarily 

concluded that for the attainment year, 2009, the bi-state Charlotte Area's 4b highest daily 8- 

hour average concentration was 0.073 ppm which is below the &hour ozone standard of 0.08 

ppm (effectively 0.084 ppm). 

As was explained above, the statutory elements for a 1-year extension have been met. As 

a resuit, EPA is proposing approval of North Carolina and South Carolina's attainment date 

extension requests for the bi-state Charlotte Area for the 1997 8-hour ozone NAAQS. 

IV. Proposed Actions 

EPA is proposing to approve North Carolina's April 28,2010, and South Carolina's May 

6,2010, requests for EPA to grant a one-year extension (from June 15,2010, to June 15,201 1) 

of the bi-state Charlotte Area attainment date for the 1997 8-hour ozone NAAQS because EPA 

believes that both Noah Carolina and South Carolina have met the statutory requirements for 

such an extension. EPA's belief is based on its preliminary detennination that both states are in 

compliance of the requirements and commitments associated with the EPA-approved 

implementation plans, and on the belief that the 4m highest daily 8-hour ozone average 

concentration for 2009 for the bi-state Charlotte.Area is below the 1997 8-hour ozone NAAQS 

as required by the CAA. As provided in 40 CFR 51.907, if EPA finalizes this action, it will 

extend, by one year, the deadline by which the bi-state Charlotte Area must attain the 1997 8- 

hour ozone NAAQS. It will also extend the timeframe by which EPA must make an attainment 

determination for the area. EPA notes that this proposed action only relates to the initial oneyear extension. As noted in Section 181(a)(5) of the CAA, areas may qualify for up to 2 oneyear extensions. If requested at a future date, EPA will make a determination of the 
appropriateness of a second one-year extension for the bi-state Charlotte Area for the 1997 8- 

hour ozone NAAQS in a separate rulemaking. 

VI. Statutory and Executive Order Reviews 

Under the CAA, the Administrator is required to approve SIP submissions and requests 

that comply with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 

7410(k); 40 CFR 52.02(a). Thus, in reviewing states' requests for an extension of the 1997 8- 

hour ozone NAAQS attainment date for the bi-state Charlotte Area, EPA's role is to approve the 

state's request, provided that it meets the criteria of the CAA. Accordingly, this proposed action 

merely approves a state request for an extension of the 1997 8-hour ozone NAAQS attainment 

9 

date as meeting Federal requirements and does not impose additional requirements beyond those 

imposed by state law. For that reason, this proposed 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); 

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

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

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 seq.); 

does not contain any unfunded mandate or sigolficantly or uniquely affect small 

governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 

does not have Federalism implications as specified in Executive Order 13 132 (64 FR 

43255, August 10, 1999); 
- *= 

is not an economically sigruficant regulatory action based on health or safety risks subject 

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

is not a ~i~cant regulatory action subject to Executive Order 1321 1 (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 proposed rule does not have tribal implications as specified by Executive Order 

13 175 (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. 
List of Subjects in 40 CFR Part 81 

Aii pollution control, National parks, Wilderness areas. 

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

,k# J Qq. 

Bever y H. Banister 

Acting Regional Administrator, 

Region 4.