[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Proposed Rules]
[Pages 51246-51249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24059]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0751-200920; FRL-8965-9]


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: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Hickory-Morganton-
Lenoir, North Carolina, (hereafter referred to as ``Hickory, 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>

[[Page 51247]]

NAAQS. This proposed determination is based upon three years of 
complete quality assured, quality controlled, and certified ambient air 
monitoring data showing that this area has monitored attainment of the 
1997 PM<INF>2.5</INF> NAAQS for the years of 2006-2008. 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 Hickory, 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-2009-0751 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#1270777c78737f7b7c3c7e6b7c7d607377527762733c757d64"><span class="__cf_email__" data-cfemail="dbb9beb5b1bab6b2b5f5b7a2b5b4a9babe9bbeabbaf5bcb4ad">[email protected]</span></a>.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2009-0751,'' 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-
2009-0751. EPA's policy is that all comments received will be included 
in the public docket without change 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 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 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 
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 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#b7dfc2d2ce99ddd8d2dbf7d2c7d699d0d8c1"><span class="__cf_email__" data-cfemail="96fee3f3efb8fcf9f3fad6f3e6f7b8f1f9e0">[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 Hickory, 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, 
quality controlled and quality assured 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 Hickory, 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 
Hickory, North Carolina, PM2.5 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 Hickory, 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

[[Page 51248]]

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 Hickory, 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 Hickory, 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 Hickory, North Carolina, area. 
Conversely, any future designation determination of the Hickory, 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 Hickory, 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 Hickory, 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.

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 ([micro]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 [micro]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 Hickory, North Carolina, area is composed of Catawba 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 Hickory, 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 [micro]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 [micro]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 
Hickory, 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 and for the same 3-year 
period.

               Table 1--Design Value for Counties in the Hickory, 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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Catawba County......................................        37-035-0004              15.163              14.592              12.806                14.2
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               Table 2--Design Value for Counties in the Hickory, North Carolina Nonattainment Area for 1997 PM2.5 NAAQS--24-Hour Standard
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                                                                               2006 98th           2007 98th           2008 98th       2006-2008 design
                      Location                            AQS site ID         percentile          percentile          percentile             value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catawba County......................................        37-035-0004                32.9                30.7                25.2                  30
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[[Page 51249]]

    EPA's review of these data indicates that the Hickory, 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 Hickory, 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 requirement 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 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.

A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E9-24059 Filed 10-5-09; 8:45 am]
BILLING CODE 6560-50-P


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