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ENVIRONMENTAL PROTECfION AGENCY

40 CFR Part 52

[EPA-R04-0AR-2009-0043-201024; FRL- ]

Approval and Promulgation of Air Quality Implementation Plans; North Carolina and

South Carolina; Charlotte-Gastonia-Rock Hill, North CaroUna-South Carolina; Notice of

. Completeness Determination for the Purpose of Stopping Sanctions Clock

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Letter to Governor Regarding Completeness and Stopping of Sanctions

Clock.

SUMMARY: EPA is now giving notice of an action that EPA has already taken to fl;Ild two

State bnplementation Plan (SIP) revisions complete and stop sanctions clocks associated with the

Charlotte-Gastonia-Rock Hill North Carolina. South Carolina 1997 8-hour ozone nonattainment

area (hereafter referred to as the "bi-state Charlotte Area"). Pursuant to the Clean Air Act

(CAA) and its implementing regulations, EPA has made an affumative detennination of

completeness for the attainment demonstrations submitted by the States of North Carolina and

South Carolina the bi-state Charlotte Area. On May 27,2010, letters announcing this

detennination were sent to the Governors of North Carolina and South Carolina, effectively

stopping the sanctions clock started on May 8, 2009, by a fmding of failure to submit the

attainment demonstrations. Today's notice is simply an announcement of a determination that

EPA has already made.

ADDRESSES: EPA has established a docket for this action under Docket Identification No.

EPA-R04-0AR-2009-0043. All documents in the docket are listed on the 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 fonn. Publicly available docket materials are available

either electronically through 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 officiall:tours of business are Monday through Friday, 8:30 to 4:30, excluding federal

holidays.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory Development

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

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

8960. The telephone number is (404) 562-9140. Ms. Ward can also be reached via electronic

mail at ward.nacosta@epa.gov.

SUPPLEMENTARY INFORMATION:

Effective June 15,2004, the bi-state Charlotte Area was designated nonattainment for the

. .' .

8-hour ozone national ambient air quality standards (NAAQS) with a moderate classification.

The bi-state Charlotte Area IS comprised of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan,

Union and a portion of Iredell (Davidson and Coddle Creek Townships) Counties in North

Carolina; and a portion of York County, South Carolina. For the 1997 8-hour ozone NAAQS,

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states were required to submit an attainment demonstration, reasonable further progress plan, and

reasonable available control technology submittals (for areas classified as moderate or above) by

June 15,2007. EPA received the required submittals from North Carolina on June 15, 2007, and

South Carolina on August 31, 2007.

On December 19, 2008, and December 22, 2008, the States of North Carolina and South

Carolina, respectively, submitted letters to EPA withdrawing their attainment demonstrations for

the bi-state Charlotte Area. On May 8, 2009, EPA published a fmding of failure to submit fmal

rulemaking for North Carolina and South Carolina for these required SIPs.. 74 FR 21550.

On November 12, 2009, and April 5, 2010, North Carolina submitted all components of

the North Carolina attainment demonstration SIP for North Carolina's portion of the bi-state

Charlotte Area. On November 13,2009, and April 29, 2010, South Carolina submitted all

components ofthe attainment demonstration SIP for South Carolina's portion of the bi-state

Charlotte Area. EPA has done a completeness review, in accordance with Section 2.0 "Criteria"

ofAppendix V of 40 CFR 51-Criteria for Determining the Completeness of Plan Submissions,

to ensure that the States have submitted all of the required information for the SIP submissions.

As explained in the letters sent by EPA to the Governors of North and South Carolina, on

May 27, 20101

, EPA has determined that the States have corrected the deficiency identified in

EPA's promulgated fmding of failure to submit the required attainment demonstration SIPs for

the bi-state Charlotte Area. Specifically, EPA has determined that both North Carolina and

South Carolina have submitted complete SIP submittals for the bi-state Charlotte Area to meet

the CAA requirement for attainment demonstrations for moderate nonattainment areas under the

1997 8-hour ozone NAAQS. EPA will make a determination on the approvability of these

I In the May 27, 2010, letters, EPA inadvertently identified incorrect submittal dates for North Carolina and South

Carolina's SIP submissions. On June 18,2010, EPA sent letters to North Carolina and South Carolina to correct the

dates of the SIP submissions.

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attainment demonstration SIPs for the bi-state Charlotte Area in a separate action. Today's

announcement only relates to a completeness detennination for the attainment demonstration

SIPs for the bi-state Charlotte Area, and is separate from EPA's detennination of approvability

of these attainment demonstrations. Today's action is simply a notice of a determination that

EPA already made through correspondence with the Governors of North and South Carolina.

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

. Dated: 0' I. II \ 0 II~& A. STANLEY MEI BURG

Actmg Regional Administrator,

Region 4.

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