71452 Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 24-hour 2006 

PM2.5 NAAQS. 

[FR Doc. 2011–29767 Filed 11–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2009–1010–201158; FRL– 

9493–5] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; North Carolina: 

Redesignation of the HickoryMorganton-Lenoir 1997 Annual Fine 

Particulate Matter Nonattainment Area 

to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: EPA is taking final action to 

approve a request submitted on 

December 18, 2009, and supplemented 

on December 22, 2010, from the State of 

North Carolina, through the North 

Carolina Department of Environment 

and Natural Resources (NC DENR), 

Division of Air Quality (DAQ), to 

redesignate the Hickory-MorgantonLenoir fine particulate matter (PM2.5) 

nonattainment area (hereafter the 

‘‘Hickory Area’’ or ‘‘Area’’) to 

attainment for the 1997 Annual PM2.5

National Ambient Air Quality Standards 

(NAAQS). The Hickory Area is 

comprised of Catawba County in its 

entirety. EPA’s approval of the 

redesignation request is based on the 

determination that the State of North 

Carolina has met the criteria for 

redesignation to attainment set forth in 

the Clean Air Act (CAA or Act), 

including the determination that the 

Hickory Area has attained the 1997 

Annual PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010. 

Additionally, EPA is approving a 

revision to the North Carolina State 

Implementation Plan (SIP) to include 

the 1997 Annual PM2.5 maintenance 

plan for the Hickory Area that contains 

the new motor vehicle emission budgets 

(MVEBs) for nitrogen oxides (NOX) for 

the years 2011 and 2021 for Catawba 

County and the mobile insignificance 

determination for direct PM2.5 for the 

Hickory Area. This action also approves 

the emissions inventory submitted with 

the maintenance plan. Further, EPA is 

correcting a typographical error for the 

citation associated with a previous 

adequacy determination the Agency 

made for the NOX MVEBs for Catawba 

County and the mobile source 

insignificance determination for direct 

PM2.5 for the Hickory Area. 

DATES: Effective Date: This rule will be 

effective December 19, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2009–1010. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 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 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Madolyn Dominy or 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. Madolyn 

Dominy may be reached by phone at 

(404) 562–9644 or via electronic mail at 

dominy.madolyn@epa.gov. Joel Huey 

may be reached by phone at (404) 562– 

9104 or via electronic mail at 

huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for the actions? 

II. What are the actions EPA is taking? 

III. Why is EPA taking these actions? 

IV. What are the effects of these actions? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What is the background for the 

actions? 

On December 18, 2009, and 

supplemented on December 22, 2010, 

the State of North Carolina, through NC 

DENR, submitted a request to 

redesignate the Hickory Area to 

attainment for the 1997 Annual PM2.5

NAAQS, and for EPA approval of the 

North Carolina SIP revisions containing 

a maintenance plan for the Area. In an 

action published on September 20, 2011 

(76 FR 58210), EPA proposed approval 

of North Carolina’s plan for maintaining 

the 1997 Annual PM2.5 NAAQS, 

including the emissions inventory 

submitted pursuant to CAA section 

172(c)(3) and the NOX MVEBs for 

Catawba County and the mobile 

insignificance determination for direct 

PM2.5 for the Hickory Area as contained 

in the maintenance plan. At that time, 

EPA also proposed to approve the 

redesignation of the Hickory Area to 

attainment. Additional background for 

today’s action is set forth in EPA’s 

September 20, 2011, proposal. 

The MVEBs, specified in kilograms 

per year (kg/yr), included in the 

maintenance plan are as follows: 

TABLE 1—CATWABA COUNTY MVEBS

[kg/yr] 

Conformity 

MVEB 2011 2021 

NOX .................. 3,996,601 2,236,028 

In its September 20, 2011, proposed 

action, EPA noted that the adequacy 

public comment period on these MVEBs 

(as contained in North Carolina’s 

submittal) began on November 23, 2010, 

and closed on December 23, 2010. No 

comments were received during the 

public comment period. Thus, EPA 

deemed the new MVEBs for Catawba 

County and the mobile source 

insignificance determination for PM2.5

in the Hickory Area adequate for the 

purposes of transportation conformity 

on May 2, 2011 (76 FR 24475). 

As stated in the September 20, 2011, 

proposal, this redesignation addresses 

the Hickory Area’s status solely with 

respect to the 1997 Annual PM2.5

NAAQS, for which designations were 

finalized on January 5, 2005 (70 FR 

944), and as supplemented on April 14, 

2005 (70 FR 19844). 

EPA reviewed PM2.5 monitoring data 

from ambient PM2.5 monitoring stations 

in the Hickory Area for the PM2.5

seasons from 2007–2009. These data 

have been quality-assured and are 

recorded in Air Quality System (AQS). 

The annual arithmetic mean PM2.5

concentrations for 2006–2009 and the 

3-year averages of these values (i.e., 

design values) are summarized in Table 

2. EPA has reviewed more recent data 

which indicate that the Hickory Area 


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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 71453 

continues to attain the 1997 PM2.5

NAAQS. The design values for 2007– 

2009 and 2008–2010 are also included 

in Table 2 and demonstrate that the 

Hickory Area continues to meet the 

PM2.5 NAAQS and that the ambient 

concentrations of PM2.5 are continuing 

to decrease in the Area. Preliminary 

monitoring data for the 2011 PM2.5

season indicate that the Area is 

continuing to attain the 1997 Annual 

PM2.5 NAAQS based on data from 2009– 

2011. These preliminary data are 

available in the docket for today’s action 

although they are not yet certified. 

TABLE 2—DESIGN VALUE CONCENTRATIONS FOR THE HICKORY 1997 ANNUAL PM2.5 NONATTAINMENT AREA (μg/m 3) 

County Site name Monitor ID 

Annual average PM2.5 concentrations 

(μg/m 3) 

2006 2007 2008 2009 2010 

Catawba ..................... Hickory ...................... 37–035–0004 15.18 14.62 12.75 10.32 11.23 

Three-year PM2.5 design values (μg/m3) 

2006–2008 2007–2009 2008–2010 

Catawba ..................... Hickory ...................... 37–035–0004 14.2 12.6 11.4 

II. What are the actions EPA is taking? 

In today’s rulemaking, EPA is 

approving: (1) North Carolina’s 

emissions inventory which was 

submitted pursuant to CAA section 

172(c)(3); (2) North Carolina’s 1997 

Annual PM2.5 maintenance plan (such 

approval being one of the CAA criteria 

for redesignation to attainment status) 

for the Hickory Area, including NOX

MVEBs and mobile source 

insignificance determination for direct 

PM2.5; and (3) North Carolina’s 

redesignation request to change the legal 

designation of the Hickory Area from 

nonattainment to attainment for the 

1997 Annual PM2.5 NAAQS. The 

maintenance plan is designed to 

demonstrate that the Hickory Area will 

continue to attain the 1997 Annual 

PM2.5 NAAQS through 2021. EPA’s 

approval of the redesignation request is 

based on EPA’s determination that the 

Hickory Area meets the criteria for 

redesignation set forth in CAA, sections 

107(d)(3)(E) and 175A, including EPA’s 

determination that the Hickory Area has 

attained the 1997 Annual PM2.5

NAAQS. EPA’s analyses of North 

Carolina’s redesignation request, 

emissions inventory, and maintenance 

plan are described in detail in the 

September 20, 2011, proposed rule (76 

FR 58210). 

Consistent with the CAA, the 

maintenance plan that EPA is approving 

also includes 2011 and 2021 NOX

MVEBs for Catawba County and the 

mobile source insignificance 

determination for direct PM2.5 in the 

Hickory Area. In this action, EPA is 

approving these NOX MVEBs for 

Catawba County and the mobile source 

insignificance determination for direct 

PM2.5 in the Hickory Area for the 

purposes of transportation conformity. 

For required regional emissions analysis 

years beyond 2011 and prior to 2021, 

the applicable budgets will be the new 

2011 NOX MVEBs. For required regional 

emissions analysis years that involve 

2021 or beyond, the applicable budgets 

will be the new 2021 NOX MVEBs. 

EPA is also correcting an inadvertent 

typographical error for the citation (in 

EPA’s September 20, 2011, proposed 

rulemaking) associated with EPA’s 

adequacy determination for the NOX

MVEBs for Catawba County and the 

mobile source insignificance 

determination for direct PM2.5 for the 

Hickory Area. In EPA’s September 20, 

2011 proposed rulemaking, EPA 

provides the citation for the adequacy 

determination for the NOX MVEBs for 

Catawba County and the mobile source 

insignificance determination for direct 

PM2.5 for the Hickory Area as 76 FR 

24472 in the second to last paragraph in 

the section entitled ‘‘X. Proposed 

Actions on the Redesignation Request 

and Maintenance Plan SIP Revision 

Including Approval of the NOX MVEBs 

for 2011 and 2021 and the Direct PM2.5

Insignificance Determination for the 

Hickory Area.’’ The correct citation is 76 

FR 24475. Through this action, EPA is 

making this correction. 

III. Why is EPA taking these actions? 

EPA has determined that the Hickory 

Area has attained the 1997 Annual 

PM2.5 NAAQS and has also determined 

that all other criteria for the 

redesignation of the Hickory Area from 

nonattainment to attainment of the 1997 

Annual PM2.5 NAAQS have been met. 

See CAA section 107(d)(3)(E). One of 

those requirements is that the Hickory 

Area has an approved plan 

demonstrating maintenance of the 1997 

Annual PM2.5 NAAQS. EPA is also 

taking final action to approve the 

maintenance plan for the Hickory Area 

as meeting the requirements of sections 

175A and 107(d)(3)(E) of the CAA. In 

addition, EPA is approving the 

emissions inventory as meeting the 

requirements of section 172(c)(3) of the 

CAA. Finally, EPA is approving the new 

NOX MVEBs for the years 2011 and 

2021 for Catawba County and the 

mobile source insignificance 

determination for direct PM2.5 for the 

Hickory Area as contained in North 

Carolina’s maintenance plan because 

these MVEBs and the insignificance 

determination are consistent with 

maintenance of the 1997 Annual PM2.5

standard in the Hickory Area. The 

detailed rationale for EPA’s 

determinations and actions are set forth 

in the proposed rulemaking and in other 

discussion in this final rulemaking. 

IV. What are the effects of these 

actions? 

Approval of the redesignation request 

changes the legal designation of 

Catawba County in its entirety from 

nonattainment to attainment for the 

1997 Annual PM2.5 NAAQS. EPA is 

modifying the regulatory table in 40 

CFR 81.334 to reflect a designation of 

attainment for these full and partial 

counties. EPA is also approving, as a 

revision to the North Carolina SIP, 

North Carolina’s plan for maintaining 

the 1997 Annual PM2.5 NAAQS in the 

Hickory Area through 2021. The 

maintenance plan includes contingency 

measures to remedy possible future 

violations of the 1997 Annual PM2.5

NAAQS and establishes NOX MVEBs for 

the years 2011 and 2021 for Catawba 

County and an insignificance 

determination for direct PM2.5 for the 

Hickory Area. Additionally, this action 

approves the emissions inventory for 

the Hickory Area pursuant to section 

172(c)(3) of the CAA. 


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71454 Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 

V. Final Action 

EPA is taking final action to approve 

the redesignation and change the legal 

designation of Catawba County in its 

entirety from nonattainment to 

attainment for the 1997 Annual PM2.5

NAAQS. EPA is also approving into the 

North Carolina SIP the 1997Annual 

PM2.5 maintenance plan for the Hickory 

Area, which includes the new NOX

MVEBs of 3,996,601 kg/yr for 2011 and 

2,236,028 kg/yr for 2021 for Catawba 

County. Further, EPA is approving the 

insignificance determination for direct 

PM2.5 for the Hickory Area. 

Additionally, EPA is approving the 

2008 emissions inventory for the 

Hickory Area pursuant to section 

172(c)(3) of the CAA. In a previous 

action, EPA found the new Catawba 

County NOX MVEBs and the mobile 

source direct PM2.5 insignificance 

determination for the Hickory Area 

adequate for the purposes of 

transportation conformity (76 FR 24475, 

May 2, 2011). Within 24 months from 

the effective date of EPA’s adequacy 

determination, the transportation 

partners will need to demonstrate 

conformity to the new NOX MVEBs 

pursuant to 40 CFR 93.104(e) and will 

need to document the mobile source 

direct PM2.5 insignificance 

determination for the PM2.5 NAAQS in 

future conformity determinations (76 FR 

24475). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act 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 these 

reasons, these actions: 

• Are 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Are 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, 

• Do 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 final 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., 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 Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 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 January 17, 2012. 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 may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks. 

Dated: November 7, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR parts 52 and 81 are 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 seq. 

Subpart II—North Carolina 

■ 2. Section 52.1770(e) is amended by 

adding two new entries ‘‘1997 Annual 

PM2.5 Maintenance Plan for the Hickory, 

North Carolina Area (Catawba County)’’ 

and ‘‘1997 Annual PM2.5 Maintenance 

Plan for the Hickory, North Carolina 

Area—MOVES Update’’ at the end of 

the table to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 71455 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Federal Register citation 

*******

1997 Annual PM2.5 Maintenance Plan for the Hickory, North Carolina Area 

(Catawba County).

12/18/09 11/18/11 [Insert citation of publication]. 

1997 Annual PM2.5 Maintenance Plan for the Hickory, North Carolina 

Area—MOVES Update.

12/22/10 11/18/11 [Insert citation of publication]. 

PART 81—[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.334, the table entitled 

‘‘North Carolina—PM2.5 (Annual 

NAAQS)’’ is amended under ‘‘HickoryMorganton-Lenoir, NC’’ by revising the 

entry for ‘‘Catawba County’’ to read as 

follows: 

§ 81.334 North Carolina. 

* * * * * 

NORTH CAROLINA—PM2.5 (ANNUAL NAAQS) 

Designated area 

Designation a

Date 1 Type 

*******

Hickory-Morganton-Lenoir, NC: 

Catawba County ........................................................................ This action is effective 11/18/11 ............................................... Attainment. 

*******

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

[FR Doc. 2011–29769 Filed 11–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2009–1011–201159; FRL– 

9493–6] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; North Carolina: 

Redesignation of the GreensboroWinston-Salem-High Point 1997 

Annual Fine Particulate Matter 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: EPA is taking final action to 

approve a request submitted on 

December 18, 2009, and supplemented 

on December 22, 2010, from the State of 

North Carolina, through the North 

Carolina Department of Environment 

and Natural Resources (NC DENR), 

Division of Air Quality (DAQ), to 

redesignate the Greensboro-WinstonSalem-High Point fine particulate matter 

(PM2.5) nonattainment area (hereafter 

the ‘‘Greensboro Area’’ or ‘‘Area’’) to 

attainment for the 1997 Annual PM2.5

National Ambient Air Quality Standards 

(NAAQS). The Greensboro Area is 

comprised of Davidson and Guilford 

Counties in their entireties. EPA’s 

approval of the redesignation request is 

based on the determination that the 

State of North Carolina has met the 

criteria for redesignation to attainment 

set forth in the Clean Air Act (CAA or 

Act), including the determination that 

the Greensboro Area has attained the 

1997 Annual PM2.5 NAAQS by its 

applicable attainment date of April 5, 

2010. Additionally, EPA is approving a 

revision to the North Carolina State 

Implementation Plan (SIP) to include 

the 1997 Annual PM2.5 maintenance 

plan for the Greensboro Area that 

contains the new 2011 and 2021 motor 

vehicle emission budgets (MVEBs) for 

nitrogen oxides (NOX) and PM2.5 for 

both Davidson and Guilford Counties. 

This action also approves the emissions 

inventory submitted with the 

maintenance plan. Further, EPA is 

correcting a typographical error for the 

citation associated with a previous 

adequacy finding the Agency made for 

the NOX and PM2.5 MVEBs for both 

Davidson and Guilford Counties. 

DATES: Effective Date: This rule will be 

effective December 19, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2009–1011. All documents in the docket 

are listed on the http://www.regulations.

gov Web site. Although listed in the 

index, some information is not publicly 

available, i.e., Confidential Business 

Information 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 

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 


emcdonald on DSK5VPTVN1PROD with RULES