Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 13493 

1Effective June 15, 2004, EPA designated the bistate Charlotte Area as a moderate area under the 

1997 8-hour ozone NAAQS. Moderate areas for the 

1997 8-hour ozone NAAQS had an applicable 

attainment date of June 15, 2010, unless the Area 

qualified for an extension. On May 31, 2011, EPA 

took final action to extend the applicable 

attainment date for the bi-state Charlotte Area to 

June 15, 2011. See 76 FR 31245 for more 

information. 

failing to attain pursuant to section 

181(b)(2). 

[FR Doc. 2012–5381 Filed 3–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0029; FRL–9643–3] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; North Carolina and 

South Carolina; Charlotte; 

Determination of Attainment by 

Applicable Attainment Date for the 

1997 8-Hour Ozone Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

bi-state Charlotte-Gastonia-Rock Hill, 

North Carolina-South Carolina, 1997 8- 

hour ozone nonattainment Area 

(hereafter referred to as ‘‘the bi-state 

Charlotte Area’’ or ‘‘the Area’’) has 

attained the 1997 8-hour ozone national 

ambient air quality standards (NAAQS) 

by its applicable attainment date of June 

15, 2011. The determination of 

attainment was made by EPA on 

November 15, 2011, and was based on 

quality-assured and certified monitoring 

data for the 2008–2010 monitoring 

period. 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 

in South Carolina. In this action EPA is 

determining to find that the aboveidentified Area attained the 1997 8-hour 

ozone NAAQS by its applicable 

attainment date. EPA is finalizing this 

action because it is consistent with the 

Clean Air Act (CAA) and its 

implementing regulations. Additionally, 

in this action EPA is clarifying an 

inadvertent citation error in the 

proposed approval for this action. 

DATES: Effective Date: This final rule is 

effective on April 6, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2011–0029. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours 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. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding this attainment 

determination, contact Mr. Sean 

Lakeman, 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. 

Telephone number: (404) 562–9043; 

email address: lakeman.sean@epa.gov. 

For information regarding 8-hour ozone 

NAAQS, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Telephone number: 

(404) 562–9029; email address: 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. What is EPA’s final action? 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

Based on EPA’s review of the qualityassured and certified monitoring data 

for 2008–2010, and in accordance with 

section 181(b)(2) of the CAA and EPA’s 

regulations, EPA is determining that the 

bi-state Charlotte Area attained the 1997 

8-hour ozone NAAQS by the applicable 

attainment date of June 15, 2011.1

On November 15, 2011, EPA 

published a final rulemaking for the bistate Charlotte Area which served to 

suspend the requirements for the State 

to submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), reasonable 

further progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to attainment of the 1997 8-hour 

ozone NAAQS so long as the Area 

continues to attain the 1997 8-hour 

ozone NAAQS. See 76 FR 70656. This 

final rulemaking also includes useful 

background information on the 8-hour 

ozone NAAQS relevant to the bi-state 

Charlotte Area. Today’s action finalizes 

EPA’s determination that the bi-state 

Charlotte Area attained the 1997 8-hour 

ozone NAAQS by the applicable 

attainment date of June 15, 2011. 

Today’s action is simply focused on the 

date by which the Area had attaining 

data. 

Other specific requirements of the 

determination and the rationale for 

EPA’s action are explained in the notice 

of proposed rulemaking (NPR) 

published on December 29, 2011 (76 FR 

81901). The comment period closed on 

January 30, 2012. No comments were 

received in response to the NPR. 

Also, in the NPR, EPA stated that its 

obligations to determine if an area 

attained the 1997 8-hour NAAQS by its 

applicable attainment date were found 

under CAA section 179(c). See 76 FR 

81902. The citation to section 179(c) 

was incorrect. EPA notes that for an area 

such as Charlotte, which is designated 

moderate nonattainment for the 1997 8- 

hour ozone standard, the proper citation 

is CAA section 181(b)(2)(A). Thus CAA 

section 181(b)(2) is the correct citation 

for the basis of today’s action. 

II. What is the effect of this action? 

Today’s action is a determination that 

the bi-state Charlotte Area attained the 

1997 8-hour ozone NAAQS by its 

applicable attainment date of June 15, 

2011, consistent with CAA section 

181(b)(2). Finalizing this action does not 

constitute a redesignation of bi-state 

Charlotte Area to attainment of the 1997 

8-hour ozone NAAQS under section 

107(d)(3) of the CAA. Further, finalizing 

this action does not involve approving 

maintenance plans for the bi-state 

Charlotte Area as required under section 

175A of the CAA, nor would it find that 

the bi-state Charlotte Area has met all 

other requirements for redesignation. 

The designation status of the bi-state 

Charlotte Area remains nonattainment 

for the 1997 8-hour ozone NAAQS until 

such time as EPA determines that the 

Area meets the CAA requirements for 

redesignation to attainment and takes 

action to redesignate the Area. 

III. What is EPA’s final action? 

EPA is determining, based on qualityassured and certified monitoring data 

for the 2008–2010 monitoring period, 

that the bi-state Charlotte Area attained 

the 1997 8-hour ozone NAAQS by the 

applicable attainment date of June 15, 

2011. This action is being taken 

pursuant to section 181(b)(2) of the CAA 


srobinson on DSK4SPTVN1PROD with RULES
13494 Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 

and is consistent with the CAA and its 

implementing regulations. 

IV. Statutory and Executive Order 

Reviews 

This action makes a determination of 

attainment by the applicable attainment 

date, based on air quality, and would 

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 determination of 

attainment by the attainment date for 

the 1997 8-hour ozone NAAQS final 

approval for the bi-state Charlotte Area 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the determination does not have 

substantial direct effects on an Indian 

Tribe. The Catawba Indian Nation 

Reservation is located within the South 

Carolina portion of the bi-state Charlotte 

nonattainment area. Generally SIPs do 

not apply in Indian country throughout 

the United States. However, for 

purposes of the Catawba Indian Nation 

Reservation in Rock Hill, the South 

Carolina SIP does apply within the 

Reservation. Pursuant to the Catawba 

Indian Claims Settlement Act, S.C. Code 

Ann. 27–16–120, ‘‘all state and local 

environmental laws and regulations 

apply to the [Catawba Indian Nation] 

and Reservation and are fully 

enforceable by all relevant state and 

local agencies and authorities.’’ 

Pursuant to Executive Order 13175 and 

the EPA Policy on Consultation and 

Coordination with Indian Tribes, in a 

letter dated October 13, 2011, EPA 

extended the opportunity for 

consultation between EPA and Catawba. 

Consultation with the Catawba Tribe 

began on October 14, 2011, and ended 

on October 31, 2011. The views and 

concerns raised by the Catawba Indian 

Nation during consultation have been 

taken into account in this final rule. 

Furthermore, EPA notes today’s action 

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 May 7, 2012. Filing a petition 

for reconsideration by the Administrator 

of these final rules do not affect the 

finality of these actions 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. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 22, 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 52.1779 is amended by 

adding paragraph (b) to read as follows: 

§ 52.1779 Control strategy: Ozone. 

* * * * * 

(b) Based upon EPA’s review of the air 

quality data for the 3-year period 2008– 

2010, EPA determined that the 

Charlotte-Gastonia-Rock Hill, North 

Carolina-South Carolina, 1997 8-hour 

ozone nonattainment Area attained the 

1997 8-hour ozone NAAQS by the 

applicable attainment date of June 15, 

2011. Therefore, EPA has met the 

requirement pursuant to CAA section 

181(b)(2) to determine, based on the 

Area’s air quality as of the attainment 

date, whether the Area attained the 

standard. EPA also determined that the 

Charlotte-Gastonia-Rock Hill, North 

Carolina-South Carolina, 1997 8-hour 

ozone nonattainment Area is not subject 

to the consequences of failing to attain 

pursuant to section 181(b)(2). 

Subpart PP—South Carolina 

■ 3. Section 52.2125 is amended by 

adding paragraph (b) to read as follows: 

§ 52.2125 Control strategy: Ozone. 

* * * * * 

(b) Based upon EPA’s review of the air 

quality data for the 3-year period 2008– 

2010, EPA determined that the 

Charlotte-Gastonia-Rock Hill, North 

Carolina-South Carolina, 1997 8-hour 

ozone nonattainment Area attained the 

1997 8-hour ozone NAAQS by the 

applicable attainment date of June 15, 

2011. Therefore, EPA has met the 

requirement pursuant to CAA section 

181(b)(2) to determine, based on the 

Area’s air quality as of the attainment 

date, whether the Area attained the 

standard. EPA also determined that the 

Charlotte-Gastonia-Rock Hill, North 

Carolina-South Carolina, 1997 8-hour 

ozone nonattainment Area is not subject 

to the consequences of failing to attain 

pursuant to section 181(b)(2). 

[FR Doc. 2012–5384 Filed 3–6–12; 8:45 am] 

BILLING CODE 6560–50–P 


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