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[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Rules and Regulations]
[Pages 3611-3617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1360]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0455-201131(a); FRL-9621-8]

Approval and Promulgation of Implementation Plans; North 
Carolina: Approval of Section 110(a)(1) Maintenance Plan for the 
Greensboro-Winston-Salem-High Point 1-Hour Ozone Maintenance Area to 
Maintain the 1997 8-Hour Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
North Carolina State Implementation Plan (SIP), submitted to EPA on 
April 13, 2011, with supplemental information submitted on May 18, 
2011, by the State of North Carolina, through the North Carolina 
Department of Environment and Natural Resources (NCDENR), through the 
Department of Air Quality. The revisions propose to modify North 
Carolina's SIP to address the required maintenance plan for the 1997 8-
hour ozone national ambient air quality standards (NAAQS) for the 
Greensboro-Winston-Salem-High Point, North Carolina 1-hour ozone 
maintenance area, hereafter referred to as ``the Triad Area.'' The 
Triad Area is comprised of Davidson, Forsyth, and Guilford and a 
portion of Davie County. This maintenance plan was submitted to ensure 
the continued attainment of the 1997 8-hour ozone NAAQS through the 
year 2018 in the Triad Area. EPA is approving these SIP revisions 
pursuant to section 110 of the Clean Air Act (CAA or Act). The 
submitted maintenance plan meets all of the statutory and regulatory 
requirements, and is consistent with EPA's guidance.

DATES: This rule is effective on March 26, 2012 without further notice, 
unless EPA receives relevant adverse comment by February 24, 2012. If 
EPA receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0455 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: benjamin.lynorae@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2011-0455, 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, 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-
2011-0455. 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 www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The 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 email 
comment directly to EPA without going through www.regulations.gov, your 
email 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

[[Page 3612]]

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: Zuri Farngalo or Jane Spann, 
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. Zuri 
Farngalo may be reached by phone at (404) 562-9152 or by electronic 
mail address farngalo.zuri@epa.gov. Jane Spann may be reached by phone 
at (404) 562-9029 or by electronic mail address spann.jane@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. EPA's Analysis of North Carolina's Submittals
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    In accordance with the CAA, the Triad Area was designated 
nonattainment for the 1-hour ozone NAAQS on November 6, 1991. See 56 FR 
56694. The designation for the Triad Area was effective on January 6, 
1992. See 60 FR 7124.
    On November 13, 1992, the State of North Carolina, through NCDENR, 
submitted a request to redesignate the Triad Area to attainment for the 
1-hour ozone NAAQS. Included with the 1-hour ozone redesignation 
request, North Carolina submitted the required 1-hour ozone monitoring 
data and maintenance plan ensuring the Area would remain in attainment 
for the 1-hour ozone NAAQS for at least a period of 10 years 
(consistent with CAA 175A(a)). The maintenance plan submitted by North 
Carolina followed EPA guidance for maintenance areas, subject to 
section 175A of the CAA.
    On September 9, 1993, EPA approved North Carolina's request to 
redesignate the Triad Area (58 FR 4731) to attainment for the 1-hour 
ozone NAAQS. The maintenance plan for the Triad Area became effective 
on November 8, 1993. North Carolina provided an update to the Triad 
Area maintenance plan on April 4, 2004, in accordance with section 
175(A)(b), to extend the maintenance plan to cover additional years 
such that the entire maintenance period was for at least 20 years after 
the initial redesignation of this Area to attainment. EPA approved 
North Carolina's update to the Triad Area's maintenance plan on 
September 20, 2004. See 69 FR 56163.
    On April 30, 2004, EPA designated and classified areas for the 1997 
8-hour ozone NAAQS (69 FR 23858), and published the final Phase 1 Rule 
for implementation of the 1997 8-hour ozone NAAQS (69 FR 23951) (Phase 
1 Rule). In the April 30, 2004, rulemaking entitled ``Air Quality 
Designations and Classifications for the 8-Hour Ozone National Ambient 
Air Quality Standards; Early Action Compact Areas with Deferred 
Effective Dates'' (69 FR 23858), EPA designated every county in the 
United States unclassifiable/attainment or nonattainment for the new 8-
hour ozone NAAQS. Counties in and around the Triad Area (also known as 
the Greensboro-Winston Salem-High Point Area) were designated as 
nonattainment with a deferred effective date as part of the Early 
Action Compact (EAC) program. (For more information on the EAC \1\ 
Program, see, http://www.epa.gov/ttn/naaqs/ozone/eac/index.htm.) The 
Greensboro-Winston Salem-High Point nonattainment-deferred EAC Area \2\ 
for the 1997 8-hour ozone NAAQS (which includes the entire Triad Area) 
is comprised of Alamance, Caswell, Davidson, Davie, Forsyth, Guilford, 
Randolph, and Rockingham counties. One year after the effective date of 
EPA's designations for the 1997 8-hour ozone NAAQS (i.e., June 15, 
2005), the 1-hour ozone NAAQS was revoked for most areas. However, the 
1-hour ozone NAAQS was not revoked for previous 1-hour ozone 
nonattainment areas that were currently 8-hour nonattainment-deferred 
EAC areas, such as the Greensboro-Winston Salem-High Point EAC Area.
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    \1\ An EAC is an agreement between a State, local governments 
and EPA to implement measures not necessarily required by the Act in 
order to achieve cleaner air as soon as possible. The program was 
designed for areas that approached or monitored exceedances of the 
1997 8-hour ozone NAAQS, but were in attainment for the 1-hour ozone 
NAAQS. See, http://www.epa.gov/ttn/naaqs/ozone/eac/index.htm, for 
further information.
    \2\ A nonattainment-deferred EAC Area is an area that at the 
time of EPA's designation had a design value that exceeded the 1997 
8-hour ozone NAAQS.
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    The Greensboro-Winston Salem-High Point EAC Area attained the 1997 
8-hour ozone NAAQS with a design value of 0.083 parts per million (ppm) 
using three years of quality assured data for the years of 2005-2007. 
On February 6, 2008, EPA proposed that 13 nonattainment areas with 
deferred effective dates, including the Greensboro-Winston Salem-High 
Point Area, be designated attainment for the 1997 8-hour ozone NAAQS. 
See 73 FR 6863. These areas met all of the milestones of the EAC 
program and demonstrated that they were in attainment of the 1997 8-
hour ozone NAAQS as of December 31, 2007. In the same rulemaking, EPA 
also proposed that one year after the effective date of these 
designations, the 1-hour ozone NAAQS be revoked in these areas and the 
transportation conformity requirements for the 1-hour ozone NAAQS no 
longer remain in effect in these areas after the revocation. This 
rulemaking was finalized on April 2, 2008. See 73 FR 17897. Effective 
April 15, 2008, the Greensboro-Winston Salem-High Point EAC Area was 
designated as attainment for the 1997 8-hour ozone NAAQS.
    In accordance with section 110(a)(1) of the CAA and the Phase 1 
Rule,\3\ North Carolina was required to submit a 10-year maintenance 
plan for the portion of the Greensboro-Winston Salem-High Point EAC 
Area that comprised the Triad Area (as a former 1-hour ozone 
maintenance area) within three years of the effective date (i.e., April 
15, 2011) of the Area being designated attainment for the 1997 8-hour 
ozone NAAQS. On May 20, 2005, EPA issued guidance providing information 
on how a state might fulfill the maintenance plan obligation 
established by the CAA and the Phase 1 Rule (Memorandum from Lydia N. 
Wegman to Air Division

[[Page 3613]]

Directors, Maintenance Plan Guidance Document for Certain 8-hour Ozone 
Areas Under Section 110(a)(1) of Clean Air Act, May 20, 2005--hereafter 
referred to as the ``Wegman Memorandum''). On April 13, 2011, with 
supplemental information submitted on May 18, 2011, North Carolina 
provided revisions to EPA to meet the requirements for the 110(a)(1) 
maintenance plan for the Triad Area.
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    \3\ On December 22, 2006, the United States Court of Appeals for 
the District of Columbia Circuit issued an opinion that vacated 
EPA's Phase 1 Rule for the 1997 8-hour Ozone Standard. South Coast 
Air Quality Management District. v. EPA, 472 F.3d 882 (DC Cir. 
2006). The Court vacated those portions of the Phase 1 Rule that 
provided for regulation of the 1997 8-hour ozone nonattainment areas 
designated under Subpart 1 in lieu of Subpart 2 (of part D of the 
CAA), among other portions. The Court's decision does not alter any 
requirements under the Phase 1 Rule for section 110(a)(l) 
maintenance plans.
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II. EPA's Analysis of North Carolina's Submittal

    As mentioned above, on April 13, 2011, the State of North Carolina, 
through NCDENR submitted a SIP revision, with supplemental information 
submitted on May 18, 2011, containing the 1997 8-hour ozone maintenance 
plan for the Triad Area as required by section 110(a)(1) of the CAA and 
the provisions of EPA's Phase 1 Rule. See 40 CFR 51.905(a)(4). The 
purpose of the April 13, 2011, submission is to ensure continued 
attainment and maintenance of the 1997 8-hour ozone NAAQS until 2018 
for this attainment area. The May 18, 2011, supplemental information 
contained Appendix C SESARM reference document, and Appendix D the 
Public Notice Report, which were both inadvertently left out of the 
original submittal.
    As required, North Carolina's plan provides data showing continued 
attainment and maintenance of the 1997 8-hour ozone NAAQS in the Triad 
Area for at least 10 years from the effective date of this Area's 
designation as attainment for the 1997 8-hour ozone NAAQS. The plan 
also includes components illustrating how the Area will continue 
attainment of the 1997 8-hour ozone NAAQS and provides contingency 
measures. The section 110(a)(1) maintenance plan components for the 
Triad Area are discussed below.
    (a) Attainment Inventory. In order to demonstrate maintenance in 
the aforementioned area, North Carolina developed comprehensive 
inventories of volatile organic compounds (VOC) and nitrogen oxides 
(NOX) emissions from area, point, on-road mobile, non-road 
mobile (including aircraft, locomotive and marine (ALM)),\4\ and 
manmade emission sources using 2007 as the base year. According to the 
May 20, 2005, Maintenance Plan Guidance Document for Certain 8-Hour 
Ozone Areas Under Section 110(a)(1) of the Clean Air Act, a state may 
use one of the three years for which the 1997 8-hour attainment 
designation was based (2001, 2002 and 2003) as their attainment 
inventory base year. However, due to the fact that the Triad Area was 
an EAC area, the effective date of designation was deferred to April 
15, 2008, and therefore consideration of a later base year of 2005, 
2006, or 2007 was required for the purpose of an emissions inventory. 
See 69 FR 23857. For the purpose of this maintenance plan, North 
Carolina chose 2007 as the attainment level emissions base year for the 
Triad Area. The State's submittal contains the detailed inventory data 
and summaries by source category for the Triad Area.
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    \4\ No commercial marine vessels operate in Davidson, Davie, 
Forsyth or Guilford counties so there are no emissions reported for 
this category.
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    In accordance with USEPA's Air Emissions Reporting Rule 
requirements, North Carolina compiles a statewide emissions inventory 
for point sources on an annual basis. Area source emissions are 
estimated by multiplying an emission factor by a known indicator like 
number of employess or population. On-road mobile emissions of VOC and 
NOX were estimated using the MOVES2010a mobile model. Non-
road mobile emissions data were derived using the U.S. EPA's NONROAD 
2008 model with the exception of railroad locomotives and aircraft 
engines that are estimated by using an emission factor.
    In projecting data for the maintenance year 2018 emissions 
inventories, North Carolina used several methods to project data from 
the base year 2007 to the interim years 2011, and 2018. These projected 
inventories were developed using EPA-approved technologies and 
methodologies including the Southeastern Emissions Modeling, Analysis, 
and Planning methodology. Projected point, area, and non-road mobile 
source inventories were developed using the 2007 base year inventories 
and economic growth factors from EPA's Economic Growth and Analysis 
System.
    The following tables provide VOC and NOX emissions data 
for the 2007 base attainment year inventories, as well as projected VOC 
and NOX emissions inventory data for 2010, 2014, and 2018. 
The Phase 1 Rule provides that the 10-year maintenance period begin as 
of the effective date of designation for the 1997 8-hour NAAQS for the 
Area. The designations for the 13 EAC attainment areas (of which the 
Greensboro-Winston Salem- High Point Area (inclusive of the Triad Area) 
was one) were effective in April 2008 so the maintenance period must 
end no earlier than 2018.

                                       Table 1--2007 VOC and NOX Base Year Emissions Inventory for the Triad Area
                                                                       [Tons/day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point           Area           Onroad          Nonroad         Manmade          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 --VOC emissions--
                                                         -----------------------------------------------------------------------------------------------
Davidson................................................            3.83            6.83            6.60            1.97           19.23           38.46
Davie...................................................            0.19            4.68            1.85            1.32            8.04           16.08
Forsyth.................................................            4.03           16.53           12.05            3.79            36.4           54.54
Guilford................................................            9.68           22.62           17.41            8.33           58.04          116.08
                                                         -----------------------------------------------------------------------------------------------
    Total *.............................................           17.73           50.66           37.91           15.41          121.71          225.16
                                                         -----------------------------------------------------------------------------------------------
                                                                                                 --NOX emissions--
                                                         -----------------------------------------------------------------------------------------------
Davidson................................................            2.73            0.62           15.08            3.56           21.99           43.98
Davie...................................................            0.06            0.21            5.03            0.78            6.08           12.16
Forsyth.................................................            2.22            0.99           27.73            4.94           35.88           56.14
Guilford................................................            1.06            2.01           42.78           11.83           57.68          115.36
                                                         -----------------------------------------------------------------------------------------------
    Total *.............................................            6.07            3.83           90.62           21.11          121.63          227.64
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Due to conventional rounding rules, emission totals listed in Tables 1 and 2 may not reflect the absolute mathematical totals.

[[Page 3614]]

                      Table 2--Projected VOC and NOX Emissions Inventory for the Triad Area
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                           Source type                                 2007            2011            2018
----------------------------------------------------------------------------------------------------------------
                                                                                 --NOX emissions--
                                                                 -----------------------------------------------
Point...........................................................            6.07            6.19            6.47
Area............................................................            3.83            3.87            3.88
Onroad..........................................................           90.62           64.56           36.00
Nonroad.........................................................           21.11           16.96           10.78
Manmade                                                                   121.63           91.58           57.13
                                                                 -----------------------------------------------
    Total *.....................................................          243.26          183.16          114.26
                                                                 -----------------------------------------------
                                                                                  VOC emissions--
                                                                 -----------------------------------------------
Point...........................................................           17.73           17.75           17.80
Area............................................................           50.66           54.96           64.53
Onroad..........................................................           37.91           26.16           15.37
Nonroad.........................................................           15.41           12.11            8.81
Manmade.........................................................          121.71          110.98          106.51
                                                                 -----------------------------------------------
    Total *.....................................................          243.42          221.96          213.02
----------------------------------------------------------------------------------------------------------------
* Due to conventional rounding rules, emission totals listed in Tables 1 and 2 may not reflect the absolute
  mathematical totals.

    As shown in Table 2 above, the Triad Area is projected to steadily 
decrease its total VOC and NOX emissions from the base year 
of 2007 to the maintenance year of 2018. This VOC and NOX 
emission decrease demonstrates continued attainment/maintenance of the 
1997 8-hour ozone NAAQS for ten years from 2008 (the year the Area was 
effectively designated attainment for the 1997 8-hour ozone NAAQS) as 
required by the CAA and Phase 1 Rule. NOx and VOC emissions are 
expected to decrease approximately 47 and 9 percent, respectively, from 
the attainment base year to 2018. These projected reductions of ozone 
precursors signal continued maintenance of the 1997 8-hour ozone NAAQS.
    The attainment inventories submitted by North Carolina for this 
Area are consistent with the criteria as discussed in the Wegman 
Memorandum (For more information on the Wegman Memorandom see http://www.epa.gov/ttn/oarpg/t1/memoranda/policymem33d.pdf.) EPA finds that 
the future emission levels for the projected years 2011, and 2018, are 
expected to be less than the attainment level emissions in 2007. In the 
event that future 1997 8-hour ozone monitoring values in the Triad Area 
are found to violate the 1997 8-hour ozone NAAQS, the contingency plan 
section of the Triad Area's maintenance plan includes measures that 
will be promptly implemented to ensure that the Triad Area returns to 
attainment of the 1997 ozone NAAQS. Please see Section (d) Contingency 
Plan, below, for additional information related to the contingency 
measures in the maintenance plan.
    (b) Maintenance Demonstration. The primary purpose of a maintenance 
plan is to demonstrate how an area will continue to remain in 
attainment with the 1997 8-hour ozone standards for the 10-year period 
following the effective date of designation as unclassifiable/
attainment. The required end projection year for the Triad Area is 
2018. As discussed in Section (a) Attainment Inventory above, North 
Carolina identified the level of ozone-forming emissions that were 
consistent with attainment of the NAAQS for ozone in 2007. North 
Carolina projected VOC and NOX emissions for 2011 and 2018. 
EPA finds that the future emissions levels in these years are expected 
to be below the emissions levels in 2007 in the Triad Area.
    North Carolina's SIP revisions for the maintenance plan for the 
Triad Area also relies on a combination of several air quality measures 
that will provide for additional 1997 8-hour ozone emissions reductions 
in this Area. The Triad Area is also benefiting from the following 
reductions that are occurring in other states in the Southeast: (1) 
North Carolina Clean Smokestacks Act, (2) Atlanta/Northern Kentucky/
Birmingham 1-hour SIPs, (3) NOX reasonably available control 
technology in 1997 8-hour ozone nonattainment area SIP, and (4) 
implementation of NOX SIP Call Phase 1 in southeastern 
states. Moreover, despite the legal status of the Clean Air Interstate 
Rule (CAIR) as remanded, many facilities have already installed or are 
continuing with plans to install emission controls that may benefit the 
Triad Area.
    (c) Consideration of CAIR. The NOX SIP Call requires 
states to make significant, specific emissions reductions. It also 
provided a mechanism, the NOX Budget Trading Program, which 
states could use to achieve those reductions. When EPA promulgated 
CAIR, it discontinued (starting in 2009) the NOX Budget 
Trading Program, 40 CFR 51.121(r), but created another mechanism--the 
CAIR NOX ozone season trading program--which states could 
use to meet their SIP Call obligations (70 FR 25289-90). EPA notes that 
a number of states, when submitting SIP revisions to require sources to 
participate in the CAIR NOX ozone season trading program, 
removed the SIP provisions that required sources to participate in the 
NOX Budget Trading Program.
    In 2008, the US Court of Appeals for the D.C. Circuit remanded CAIR 
to the Agency, leaving existing CAIR programs in place while directing 
EPA to replace them as rapidly as possible with a new rule consistent 
with the CAA. Therefore, the provisions of CAIR, including the 
NOX ozone season trading program, remain in place during the 
remand (North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008)), and 
continue to satisfy the trading requirements of the NOX SIP 
Call, as EPA is no longer administering the NOX Budget 
Trading Program. Nonetheless, all states, regardless of the current 
status of their regulations that previously required participation in 
the NOX Budget Trading Program, will remain subject to all 
of the requirements in the NOX SIP Call, even when the 
existing CAIR NOX ozone season trading program is replaced 
by the Cross State

[[Page 3615]]

Air Pollution Rule (CSAPR) in 2012. That rule, promulgated on July 6, 
2011, replaces and strengthens the 2005 CAIR trading programs, and 
meets the CAA requirements and responds to the court's concerns. In 
addition, the anti-backsliding provisions of 40 CFR 51.905(f) 
specifically provide that the provisions of the NOX SIP 
Call, including the statewide NOX emission budgets, continue 
to apply after revocation of the 1-hour standards.
    All NOX SIP Call states, including North Carolina, have 
SIPs that currently satisfy their obligations under the SIP Call, and 
the SIP Call reduction requirements are being met. EPA will continue to 
enforce the requirements of the NOX SIP Call even after the 
CSAPR takes effect. For these reasons, EPA believes that regardless of 
the status of the CAIR and CSAPR programs, the NOX SIP call 
requirements can be relied upon in demonstrating maintenance.
    (d) Ambient Air Quality Monitoring. The table below shows design 
values \5\ for the Triad Area. The ambient ozone monitoring data were 
collected at sites that were selected with assistance from EPA and are 
considered representative of the areas of highest concentration. The 
State of North Carolina will continue to conduct ambient air quality 
monitoring programs for ozone in the Triad Area. All monitoring 
programs will continue in accordance with applicable EPA monitoring 
requirements contained in 40 CFR Part 58. Any modification to the 
ambient air monitoring network will be accomplished through close 
consultation with EPA. The Triad Area has not had a monitored design 
value that exceeded the 1997 8-hour NAAQS since the 2002-2004 design 
value time-period as seen in Table 3.\6\
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    \5\ The air quality design value at a monitoring site is defined 
as the concentration that when reduced to the level of the standard 
ensures that the site meets the standard. For a concentration-based 
standard, the air quality design value is simply the standard-
related test statistic. Thus, for the primary and secondary 1997 8-
hour ozone standards, the 3-year average annual fourth-highest daily 
maximum 8-hour average ozone concentration is also the air quality 
design value for the site. 40 CFR 50, Appendix I, Section 3.
    \6\ Under EPA regulations found at 40 CFR part 50, the 1997 8-
hour ozone NAAQS are attained when the 3-year average of the annual 
fourth-highest daily maximum 8-hour ambient air quality ozone 
concentrations is less than 0.08 parts per million (i.e. 0.084 when 
rounding is considered).

     Table 3--Maximum 8-Hour Ozone Design Values for the Triad Area
                                  [ppm]
------------------------------------------------------------------------
                                                                  Design
                             Years                                value
------------------------------------------------------------------------
2001-2003......................................................    0.093
2002-2004......................................................    0.087
2003-2005......................................................    0.082
2004-2006......................................................    0.081
2005-2007......................................................    0.083
2006-2008......................................................    0.082
2007-2009......................................................    0.079
2008-2010......................................................    0.076
------------------------------------------------------------------------

    The maximum design value for 2008 through 2010 identified in Table 
3 demonstrates attainment of the 1997 8-hour ozone NAAQS at a level of 
0.076 ppm. Further, these design values indicate that the Triad Area is 
expected to continue attainment of the 1997 8-hour ozone NAAQS based on 
a gradual decrease in the design values. The attainment level for the 
1997 8-hour ozone standards is 0.08 ppm, effectively 0.084 ppm with the 
rounding convention. In the event that a design value for the Triad 
Area monitors exceed the 1997 8-hour ozone standards, one or more 
contingency measures included in North Carolina's maintenance plan 
would be promptly implemented in accordance with the contingency plan, 
as discussed below.
    (e) Contingency Plan. In accordance with 40 CFR 51.905(a)(4)(ii) 
and the Wegman Memorandum, the section 110(a)(1) maintenance plan 
includes contingency provisions to promptly correct a violation of the 
1997 8-hour ozone NAAQS that may occur. The State of North Carolina has 
established three triggers to activate contingency measures including: 
(1) A violation of the 1997 ozone NAAQS at any of the Triad area 
monitors, (2) monitored ozone levels indicating that an actual ozone 
NAAQS violation is imminent, and (3) a monitored fourth high exceedance 
of 1997 8-hour ozone NAAQS at any monitor. In the maintenance plan, if 
contingency measures are triggered, North Carolina has committed to 
implement the measures as expeditiously as practicable, including 
adopting one or more contingency measures as expeditiously as practical 
and implementing the measures within 24 months of the triggering event. 
The State's contingency measures include: (1) NOX Reasonably 
Available Control Technology on stationary sources in the Triad 
maintenance area; (2) diesel inspection and maintenance program; (3) 
implementation of diesel retrofit programs, including incentives for 
performing retrofits; and, (4) additional controls in upwind areas.
    These contingency measures and schedules for implementation satisfy 
EPA's long-standing guidance on the requirements of section 110(a)(1) 
of continued attainment. Continued attainment of the 1997 8-hour ozone 
NAAQS in the Triad Area will depend, in part, on the air quality 
measures discussed previously (see section II). In addition, North 
Carolina commits to verify the 1997 8-hour ozone status in this 
maintenance plan through periodic ozone precursor emission inventory 
updates. Emission inventory updates will be completed by 18 months 
following the end of the inventory year to verify continued attainment 
of the 1997 8-hour ozone NAAQS.

III. Final Action

    Pursuant to section 110(a)(1) of the CAA, EPA is approving the 
maintenance plan addressing the 1997 8-hour ozone NAAQS in the Triad 
Area, submitted by the State of North Carolina, through NCDENR, on 
April 13, 2011, with supplemental information submitted on May 18, 
2011. The maintenance plan ensures continued attainment of the 1997 8-
hour ozone NAAQS through the maintenance year 2018. EPA has evaluated 
North Carolina's submittal and has determined that it meets the 
applicable requirements of the CAA and EPA regulations, and is 
consistent with EPA policy. On March 12, 2008, EPA issued revised ozone 
NAAQS. The current action, however, is being taken to address 
requirements under the 1997 8-hour ozone NAAQS.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a non-controversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comment be filed. This rule will be effective on March 26, 2012 
without further notice unless the Agency receives adverse comment by 
February 24, 2012. If EPA receives such comments, then EPA will publish 
a document withdrawing the final rule and informing the public that the 
rule will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. If no such comments 
are received, the public is advised this rule will be effective on 
March 26, 2012 and no

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further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 that reason, this 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);
     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 significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications 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 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 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 March 26, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, 
Intergovernmental relations, Incorporation by reference, Nitrogen 
dioxides, Reporting and recordkeeping requirements, and Volatile 
organic compounds.

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

    Dated: January 12, 2012.
 A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart II--North Carolina

0
2. Section 52.1770(e) is amended by adding new entries for ``1997 8-
Hour Ozone 110(a)(1) Maintenance Plan for the Triad Area'' and 
``Supplement to 110(a)(1) Maintenance Plan for the Triad Area'' to read 
as follows at the end of the table:

Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                State effective
          Provision                   date        EPA approval date           Federal Register citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 8-Hour Ozone 110(a)(1)              4/13/11            3/26/12  [Insert citation of publication.]
 Maintenance Plan for the
 Triad Area.
Supplement to 110(a)(1)                5/18/2011            3/26/12  [Insert citation of publication.]
 Maintenance Plan for the
 Triad Area.
----------------------------------------------------------------------------------------------------------------

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[FR Doc. 2012-1360 Filed 1-24-12; 8:45 am]
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