Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations 3611 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary § 165.T08–1128 is 

added to read as follows: 

§ 165.T08–1128 Safety Zone; Gulf 

Intracoastal Waterway, Mile Marker 35.2 to 

Mile Marker 35.5, Larose, Lafourche Parish, 

LA. 

(a) Location. Gulf Intracoastal 

Waterway, Mile Marker 35.2–35.5, West 

of Harvey Locks, bank to bank, 

Lafourche Parish, Larose, Louisiana. 

(b) Effective date. This rule is effective 

from 12:01 a.m. December 12, 2011 

through 11:59 p.m. June 30, 2012. 

(c) Periods of Enforcement. This rule 

will be enforced from 12:01 a.m. 

December 12, 2011 through 11:59 p.m. 

June 30, 2012. The Captain of the Port 

Morgan City or a designated 

representative will inform the public 

through Broadcast Notice to Mariners of 

the enforcement period for the safety 

zone as well as any changes in the 

planned schedule. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into this zone should 

be at slowest safe speed to minimize 

wake through the duration of this rule. 

During waterway closures entry into 

this zone is prohibited unless 

authorized by the Captain of the Port 

Morgan City. 

(2) Mariners shall transit from Mile 

Marker 35.2 to Mile Marker 35.5 and 

pass at slowest safe speed to minimize 

wake. 

(3) Mariners should contact the 

attendant tug, the M/V YAYA on VHF– 

FM Channel 69 prior to arrival at the 

construction site for information 

regarding available horizontal clearance 

and passing instructions. 

(4) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Morgan City and 

designated on-scene patrol personnel. 

On-scene patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

(5) Advance notification of any 

anticipated waterway closures will be 

made through Broadcast Notice to 

Mariners and Local Notice to Mariners. 

During a closure, vessels requiring entry 

into or passage through the Safety Zone 

must request permission from the 

Captain of the Port Morgan City, or a 

designated representative and passage 

will be considered on a case-by-case 

basis. They may be contacted on VHF 

Channel 11, 13, or 16, or by telephone 

at (985) 380–5370. 

Dated: December 8, 2011. 

J.C. Burton, 

Captain, U.S. Coast Guard, Captain of the 

Port Morgan City, Louisiana. 

[FR Doc. 2012–1536 Filed 1–24–12; 8:45 am] 

BILLING CODE 9110–04–P 

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 GreensboroWinston-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. 

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 GreensboroWinston-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 


sroberts on DSK4TPTVN1PROD with RULES
3612 Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations 

1An 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. 

2A 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. 

3On 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. 

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 EAC1 Program, see, http:// 

www.epa.gov/ttn/naaqs/ozone/eac/ 

index.htm.) The Greensboro-Winston 

Salem-High Point nonattainmentdeferred 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. 

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 


sroberts on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations 3613 

4No commercial marine vessels operate in 

Davidson, Davie, Forsyth or Guilford counties so 

there are no emissions reported for this category. 

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. 

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. 

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.


sroberts on DSK4TPTVN1PROD with RULES
3614 Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations 

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 


sroberts on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations 3615 

5The 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. 

6Under 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). 

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 antibacksliding 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 timeperiod as seen in Table 3.6

TABLE 3—MAXIMUM 8-HOUR OZONE

DESIGN VALUES FOR THE TRIAD AREA

[ppm] 

Years Design 

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 


sroberts on DSK4TPTVN1PROD with RULES
3616 Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations 

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] 

■ 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 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: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Federal Register citation 

*******

1997 8-Hour Ozone 110(a)(1) Maintenance Plan for the Triad 

Area.

4/13/11 3/26/12 [Insert citation of publication.] 

Supplement to 110(a)(1) Maintenance Plan for the Triad Area .... 5/18/2011 3/26/12 [Insert citation of publication.] 


sroberts on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations 3617 

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

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0968; FRL–9334–9] 

Etoxazole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of etoxazole in or 

on field corn and popcorn. Valent 

U.S.A. Corporation requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

January 25, 2012. Objections and 

requests for hearings must be received 

on or before March 26, 2012, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0968. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Autumn Metzger, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5314; email address: metzger.

autumn@epa.gov. 

SUPPLEMENTARY INFORMATION:

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://ecfr.gpoaccess.gov/cgi/t/

text/text-idx?&c=ecfr&tpl=/ecfrbrowse/

Title40/40tab_02.tpl. To access the 

harmonized guidelines referenced in 

this document electronically, please go 

to http://www.epa.gov/ocspp and select 

‘‘Test Methods and Guidelines.’’ 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2010–0968 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before March 26, 2012. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2010–0968, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of February 

25, 2011 (76 FR 10584) (FRL–8863–3), 

EPA issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 0F7783) by Valent 

USA Corporation, 1600 Riviera Avenue, 

Suite 200, Walnut Creek, CA 94596. The 

petition requested that 40 CFR 180.593 

be amended by establishing tolerances 

for residues of the miticide/ovicide 

etoxazole, 2-(2,6-difluorophenyl)-4-[4- 

(1,1-dimethylethyl)-2-ethoxyphenyl]- 

4,5-dihydrooxazole, in or on corn, field, 

grain at 0.01 parts per million (ppm); 

corn, field, forage at 0.6 ppm; corn, 

field, stover at 2.5 ppm; corn, field, 

refined oil at 0.03 ppm; corn, pop, grain 

at 0.01 ppm; corn, pop, stover at 2.5 

ppm; poultry, fat at 0.01 ppm; and 

poultry, liver at 0.02 ppm. That notice 

referenced a summary of the petition 

prepared by Valent, the registrant, 

which is available in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

Based upon review of the data 

supporting the petition, EPA has 

modified the levels at which some of the 

tolerances are being set and determined 

tolerances are not needed for poultry. 


sroberts on DSK4TPTVN1PROD with RULES