[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Proposed Rules]
[Pages 51249-51252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24057]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0561-200919; FRL-8965-8]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; North 
Carolina: Greensboro-Winston Salem-High Point; Determination of 
Attaining Data for the 1997 Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Greensboro-Winston 
Salem-High Point, North Carolina, (hereafter referred to as 
``Greensboro, North Carolina'') nonattainment area for the 1997 fine 
particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality 
Standard (NAAQS) has attained the 1997 PM<INF>2.5</INF> NAAQS. This 
proposed determination is based upon complete, quality assured, quality 
controlled, and certified ambient air monitoring data for the years 
2006-2008 showing that this area has monitored attainment of the 1997 
PM<INF>2.5</INF> NAAQS. In addition, monitoring data thus far 
available, but not yet certified, in the EPA Air Quality System (AQS) 
database for 2009 show that this area continues to meet the 1997 
PM<INF>2.5</INF> NAAQS. If this proposed determination is made final, 
the requirement for the State of North Carolina to submit an attainment 
demonstration and associated reasonably available control measures 
(RACM), a reasonable further progress (RFP) plan, contingency measures, 
and other planning State Implementation Plans (SIPs) related to 
attainment of the standard for the Greensboro, North Carolina, 
PM<INF>2.5</INF> nonattainment area, shall be suspended. This 
requirement would remain suspended as long as this area continues to 
meet the 1997 PM<INF>2.5</INF> NAAQS.

DATES: Written comments must be received on or before November 5, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0561 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#7311161d19121e1a1d5d1f0a1d1c011216331603125d141c05"><span class="__cf_email__" data-cfemail="1f7d7a71757e72767131736671706d7e7a5f7a6f7e31787069">[email protected]</span></a>.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2009-0561,'' 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 official hours 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-
2009-0561. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or by e-mail information that you consider to be 
CBI or otherwise protected. The http://www.regulations.gov Web site is 
an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you

[[Page 51250]]

provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through http://www.regulations.gov, 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 http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov 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 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 to 4:30, 
excluding Federal holidays.

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 <a href="/cdn-cgi/l/email-protection#98f0edfde1b6f2f7fdf4d8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="3d5548584413575258517d584d5c135a524b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. What Is the Background for This Action?
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is proposing to determine that the Greensboro, North Carolina, 
PM<INF>2.5</INF> nonattainment area has attained the 1997 
PM<INF>2.5</INF> NAAQS. This determination is based upon complete, 
quality assured, quality controlled, and certified ambient air 
monitoring data for the years 2006-2008 showing that the area has 
monitored attainment of the 1997 PM<INF>2.5</INF> NAAQS. In addition, 
monitoring data thus far available, but not yet certified, in the EPA 
AQS database for 2009, show that this area continues to meet the 1997 
PM<INF>2.5</INF> NAAQS.

II. What Is the Effect of This Action?

    If this determination is made final, under the provisions of EPA's 
PM<INF>2.5</INF> implementation rule (see 40 CFR 51.1004(c)), the 
requirement for the State of North Carolina to submit an attainment 
demonstration and associated RACM, RFP plan, contingency measures, and 
any other planning SIPs related to attainment of the 1997 
PM<INF>2.5</INF> NAAQS for the Greensboro, North Carolina, 
PM<INF>2.5</INF> nonattainment area, shall be suspended. This 
requirement would remain suspended as long as this area continues to 
meet the 1997 PM<INF>2.5</INF> NAAQS.
    As further discussed below, the proposed determination for the 
Greensboro, North Carolina, PM<INF>2.5</INF> nonattainment area would: 
(1) Suspend the requirement to submit an attainment demonstration and 
associated RACM (including reasonably available control technologies), 
RFP plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM<INF>2.5</INF> NAAQS; (2) continue until such 
time, if any, that EPA subsequently determines that the area has 
violated the 1997 PM<INF>2.5</INF> NAAQS; (3) be separate from, and not 
influence or otherwise affect, any future designation determination or 
requirements for the Greensboro, North Carolina, area based on the 2006 
PM<INF>2.5</INF> NAAQS; and (4) remain in effect regardless of whether 
EPA designates this area as a nonattainment area for purposes of the 
2006 PM<INF>2.5</INF> NAAQS. Furthermore, as described below, any such 
final determination would not be equivalent to the redesignation of the 
area to attainment based on the 1997 PM<INF>2.5</INF> NAAQS.
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that the 
area has violated the 1997 PM<INF>2.5</INF> NAAQS, the basis for the 
suspension of the specific requirements, set forth at 40 CFR 
51.1004(c), would no longer exist, and the area would thereafter have 
to address pertinent requirements.
    The determination that EPA proposes with this Federal Register 
notice is not equivalent to a redesignation of the area to attainment. 
This proposed action, if finalized, would not constitute a 
redesignation to attainment under section 107(d)(3) of the Clean Air 
Act (CAA) because we would not yet have an approved maintenance plan 
for the area as required under section 175A of the CAA nor a 
determination that the area has met the other requirements for 
redesignation. The designation status of the area would remain 
nonattainment for the 1997 PM<INF>2.5</INF> NAAQS until such time as 
EPA determines that it meets the CAA requirements for redesignation to 
attainment.
    This proposed action, if finalized, is limited to a determination 
that the Greensboro, North Carolina, PM<INF>2.5</INF> nonattainment 
area has attained the 1997 PM<INF>2.5</INF> NAAQS. The 1997 
PM<INF>2.5</INF> NAAQS became effective on July 18, 1997 (62 FR 36852), 
and are set forth at 40 CFR 50.7. The 2006 PM<INF>2.5</INF> NAAQS, 
which became effective on December 18, 2006 (71 FR 61144), are set 
forth at 40 CFR 50.13. EPA is currently in the process of making 
designation determinations, as required by CAA section 107(d)(1), for 
the 2006 PM<INF>2.5</INF> NAAQS. EPA has not made any designation 
determination for the Greensboro, North Carolina, area based on the 
2006 PM<INF>2.5</INF> NAAQS. This proposed determination, and any final 
determination, will have no effect on, and is not related to, any 
future designation determination that EPA may make based on the 2006 
PM<INF>2.5</INF> NAAQS for the Greensboro, North Carolina, area. 
Conversely, any future designation determination of the Greensboro, 
North Carolina, area, based on the 2006 PM<INF>2.5</INF> NAAQS, will 
not have any effect on the determination proposed by this notice.
    If this proposed determination is made final and the Greensboro, 
North Carolina, area continues to demonstrate attainment with the 1997 
PM<INF>2.5</INF> NAAQS, the requirement for the State of North Carolina 
to submit for the Greensboro, North Carolina, PM<INF>2.5</INF> 
nonattainment area an attainment demonstration and associated RACM, RFP 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM<INF>2.5</INF> NAAQS will remain suspended 
regardless of whether EPA designates this area as a nonattainment area 
for purposes of the 2006 PM<INF>2.5</INF> NAAQS. Once the area is 
designated for the 2006 NAAQS, it will have to meet all applicable 
requirements for that designation.

[[Page 51251]]

III. What Is the Background for This Action?

    On July 18, 1997 (62 FR 36852), EPA established a health-based 
PM<INF>2.5</INF> NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM<INF>2.5</INF> 
concentrations, and a twenty-four hour standard of 65 [mu]g/m\3\ based 
on a 3-year average of the 98th percentile of 24-hour concentrations. 
EPA established the standards based on significant evidence and 
numerous health studies demonstrating that serious health effects are 
associated with exposure to particulate matter. The process for 
designating areas following promulgation of a new or revised NAAQS is 
contained in section 107(d)(1) of the CAA. EPA and State air quality 
agencies initiated the monitoring process for the 1997 PM<INF>2.5</INF> 
NAAQS in 1999 and began operating all air quality monitors by January 
2001. On January 5, 2005, EPA published its air quality designations 
and classifications for the 1997 PM<INF>2.5</INF> NAAQS based upon air 
quality monitoring data from those monitors for calendar years 2001-
2003 (70 FR 944). These designations became effective on April 5, 2005. 
The Greensboro, North Carolina, area is comprised of Davidson County 
and Guilford County, North Carolina, and was designated nonattainment 
for the 1997 PM<INF>2.5</INF> NAAQS (see 40 CFR part 81).

IV. What Is EPA's Analysis of the Relevant Air Quality Data?

    EPA has reviewed the ambient air monitoring data for 
PM<INF>2.5</INF>, consistent with the requirements contained in 40 CFR 
part 50, as recorded in the EPA AQS database for the Greensboro, North 
Carolina, PM<INF>2.5</INF> nonattainment area. On the basis of that 
review, EPA has concluded that this area attained the 1997 
PM<INF>2.5</INF> NAAQS during the 2006-2008 monitoring period. Under 
EPA regulations at 40 CFR 50.7:
    (1) The annual primary and secondary PM<INF>2.5</INF> standards are 
met when the annual arithmetic mean concentration, as determined in 
accordance with 40 CFR Part 50, Appendix N, is less than or equal to 
15.0 [mu]g/m\3\.
    (2) The 24-hour primary and secondary PM<INF>2.5</INF> standards 
are met when the 98th percentile 24-hour concentration, as determined 
in accordance with 40 CFR Part 50, Appendix N, is less than or equal to 
65 [mu]g/m\3\.
    Table 1 shows the design values (the metrics calculated in 
accordance with 40 CFR part 50, appendix N, for determining compliance 
with the NAAQS) for the 1997 Annual PM<INF>2.5</INF> NAAQS for the 
Greensboro, North Carolina, nonattainment area monitors for the years 
2006-2008. Table 2 shows the design values for the 1997 24-hour 
PM<INF>2.5</INF> NAAQS for these same monitors for the same 3-year 
period.

              Table 1--Design Value for Counties in the Greensboro, North Carolina Nonattainment Area for 1997 PM2.5 NAAQS--Annual Standard
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                                                                                                                                        2006-2008 design
                         Location                             AQS site ID        2006 average       2007 average       2008 average          value
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Davidson County..........................................        37-057-0002             15.126             14.636             13.611               14.5
Guilford County..........................................        37-081-0013             14.497             13.140             11.577               13.1
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             Table 2--Design Value for Counties in the Greensboro, North Carolina Nonattainment Area for 1997 PM2.5 NAAQS--24-Hour Standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  2006 98th          2007 98th          2008 98th       2006-2008 design
                         Location                             AQS site ID         percentile         percentile         percentile           value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Davidson County..........................................        37-057-0002               31.0               30.9               24.7                 29
Guilford County..........................................        37-081-0013               31.3               28.4               24.6                 28
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA's review of these data indicates that the Greensboro, North 
Carolina, nonattainment area has met and continues to meet the 1997 
PM<INF>2.5</INF> NAAQS. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

V. Proposed Action

    EPA is proposing to determine that the Greensboro, North Carolina, 
nonattainment area for the 1997 PM<INF>2.5</INF> NAAQS has attained the 
1997 PM<INF>2.5</INF> NAAQS based on 2006-2008 monitoring data. As 
provided in 40 CFR 51.1004(c), if EPA finalizes this determination, it 
will suspend the requirements for the State of North Carolina to submit 
for this area an attainment demonstration and associated RACM, RFP 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM<INF>2.5</INF> NAAQS as long as the area 
continues to attain the 1997 PM<INF>2.5</INF> NAAQS.

VI. Statutory and Executive Order Reviews

    This action proposes to make a determination based on air quality 
data, and would, if finalized, result in the suspension of certain 
Federal requirements. For that reason, this proposed action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> Does 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of Section 12(d) of the 
National

[[Page 51252]]

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
    <bullet> 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.

List of Subjects in 40 CFR Part 52

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

    Dated: September 28, 2009.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E9-24057 Filed 10-5-09; 8:45 am]
BILLING CODE 6560-50-P


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