### ENVIRONMENTAL PROTECTIONAGENCY 40CFRPart 52 [EPA-R04-OAR-2009-0751-200920; FRL- ] Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; North Carolina: Hickory-Morganton-Lenoir; Determination ofAttaining

Data for the 1997 Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA) . ACTION

: Proposed rule. SUMIVIARY: EPAis proposing to determine that the Hickory-Morganton-Lenoir, North Carolina, (hereafter referred to as "Hickory, North Carolina") nonattainment area for the 1997 fine particulate matter (PM2,5) National Ambient Air Quality Standard (NAAQS) has attained the 1997 PM2

.5 NAAQS. This proposed determination is based upon three years of complete quality assured, quality controlled, and certified ambient air monitoring data showing that this area has monitored attainment ofthe 1997 PM2 .5 NAAQS for theyears of 2006-2008. In addition, monitoring data thus far available, but not yet certified, in the EPAAir Quality System(AQS) database for 2009 showthat this area continues to meet the 1997 PM2 .5 NAAQS

. If this proposed determination is made final, the requirement for the State of North Carolina to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment ofthe standard for the Hickory, North Carolina, PM2

.5 nonattainment area, shall be suspended. This requirement would remain suspended as long as this area continues to meet the 1997 PM2 .5 NAAQS.DATES: Written comments must be received on or before [ FEDERAL REGISTEROFFICE:

Insert date 30 days after date of publication in the Federal Re~ister] . ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-OAR-2009- 0751 by one ofthe following methods: 1 . www

.regulations.gov: Followthe on-line instructions for submitting comments.

. 2 . E-mail : bernjamin.lynorae@epa.zov . 3 . Fax: (404) 562-9019. 4 . Mail : "EPA-R04-OAR-2009-0751," Regulatory Development Section, Air Planning Branch, Air, Pesticides andToxics Management Division, U .S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. 5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U .S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW,Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30to 4

:30, excluding federal holidays. Instructions: Direct your comments to Docket IDNo. EPA-R04-OAR-2009-0751 . EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www .regulations .gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) 2or other information whose disclosure is restricted by statute. Do not submit through

www .regulations.gov or by e-mail information that you consider to be CBI or otherwise protected. The www

.regulations .gov website is an "anonymous access" system, which means EPAwill not know

your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPAwithout going through www .regulations .gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you includeyour 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 youfor clarification, EPAmay not be able to consider your comment. Electronic files should avoid the use of special characters, any formof encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPADocket 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 andwill 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 . EPArequests that if at all possible, you contact the 3person listed in the FORFURTHERINFORMATIONCONTACT section to schedule your

inspection. The Regional Office's official hours of business are Monday through Friday, 8:30to 4:30, excluding federal holidays. FORFURTHERINFORMATIONCONTACT: Joel Huey, Regulatory Development Section, Air Planning Branch, Air, Pesticides andToxics Management Division, U .S. Environmental Protection Agency, Region4, 61 Forsyth Street, SW, Atlanta, Georgia 30303- 8960 . Mr . Huey may be reached by phone at (404) 562-9104 or via electronic mail at

. huey.ioel@epa.aov SUPPLEMENTARY INFORMATION : I . What Action is EPATaking? II . What is the Effect of This Action? III . What is the Background for This Action? IV. What is EPA's Analysis of the Relevant Air Quality Data? V . Proposed Action VI . Statutory and Executive Order Reviews

I . What Action is EPATaking? EPAis proposing to determine that the Hickory, North Carolina, PMZ,5 nonattainment area has attained the 1997 PM2 .5 NAAQS. This determination is based upon complete quality assured, quality controlled, and certified ambient air monitoring data for theyears 2006-2008 showing that the area has monitored attainment of the 1997 PM2 .5 NAAQS. In addition, quality 4controlled and quality assured monitoring data thus far available, but not yet certified, in the

EPAAQS database for 2009, show that this area continues to meet the 1997 PM2 .5 NAAQS. 11. What is the Effect ofThis Action? If this determination is made final, under the provisions of EPA's PM2 .5 implementation rule (see 40CFR51 .1004(c)), the requirement for the State of North Carolina to submit an attainment demonstration and associated RACM, RFPplan, contingency measures, and any other planning SIPs related to attainment ofthe 1997 PM2 .5 NAAQS for the Hickory, North Carolina, PM2 .5 nonattainment area, shall be suspended. This requirement would remain suspended as long as this area continues to meet the 1997 PM2 .5 NAAQS. As further discussed below, the proposed determination for the Hickory, North Carolina, PM2 .5 nonattainment area would: (1) suspend the requirement to submit an attainment demonstration and associated RACM (including reasonably available control technologies), RFP plan, contingency measures, and any other planning SIPs related to attainment ofthe 1997 PM2 .5 NAAQS; (2) continue until such time, ifany, that EPAsubsequently determines that the area has violated the 1997 PM2,5NAAQS; (3) be separate from, and not influence or otherwise affect, any future designation determination or requirements for the Hickory, North Carolina, area based on the 2006 PM2

.5 NAAQS; and (4) remain in effect regardless ofwhether EPAdesignates this area as a nonattainment area for purposes ofthe 2006 PM2 .5 NAAQS. Furthermore, as described below, any such final determination would not be equivalent to the redesignation ofthe area to attainment based on the 1997 PM2 .5 NAAQS

.If this rulemaking is finalized and EPAsubsequently determines, after notice-andcomment rulemaking in the Federal Re ig ster, that the area has violated the 1997 PM2 .5 NAAQS, the basis forthe suspension of the specific requirements, set forth at 40CFR 51 .1004(c), would no longer exist, and the area would thereafter have to address pertinent requirements . The determination that EPAproposes with this Federal Register notice is not equivalent to a redesignation of the area to attainment . This proposed action, iffinalized, would not constitute a redesignation to attainment under section 107(d)(3) of the CleanAirAct (CAA) because we would not yet have an approved maintenance plan for the area as required under section 175A of the CAAnor a determination that the area has met the other requirements for redesignation. Thedesignation status of the area would remain nonattainment for the 1997 PM2 .5 NAAQS until such time as EPAdetermines that it meets the CAArequirements for redesignation to attainment . This proposed action, if finalized, is limited to a determination that the Hickory, North Carolina, PM2

.5nonattainment area has attained the 1997 PM2 .5 NAAQS. The 1997 PM2 .5 NAAQS became effective onJuly 18, 1997 (62 FR 36852), and are set forth at 40 CFR50 .7. The 2006 PM2

.5 NAAQS, which became effective on December 18, 2006 (71 FR 61144), are set forth at 40 CFR 50.13. EPAis currently in the process of making designation determinations, as required by CAAsection 107(d)(1), for the 2006 PM2 .5 NAAQS

. EPAhas not made any designation determination for the Hickory, North Carolina, area based on the 2006 PM2 .5 NAAQS. This proposed determination, and any final determination, will have no effect on, and is not related to, anyfuture designation determination that EPA may make based on the 2006 6PM2

.5 NAAQS for the Hickory, North Carolina, area. Conversely, any future designation determination ofthe Hickory, North Carolina, area, based on the 2006 PM2 .5 NAAQS, will not have any effect on the determination proposed by this notice. Ifthis proposed determination is made final and the Hickory, North Carolina, area continues to demonstrate attainment with the 1997 PM2,5 NAAQS, the requirement for the State of North Carolina to submit for the Hickory, North Carolina, PM2 .5 nonattainment area an attainment demonstration and associated RACM, RFPplan, contingency measures, and any other planning SIPs related to attainment of the 1997 PM2 .5 NAAQS will remain suspended regardless of whether EPAdesignates this area as a nonattainment area for purposes ofthe 2006 PM2 .5 NAAQS. Once the area is designated for the 2006 NAAQS, it will have to meet all applicable requirements for that designation. III . What is the Background for This Action? OnJuly 18, 1997 (62 FR 36852), EPAestablished a health-based PM2 .5 NAAQS at 15.0 micrograms per cubic meter (pg/m3) based on a 3-year average of annual mean PM2 .5 concentrations, and atwenty-four hour standard of 65 uglm3based on a 3-year average ofthe 981' percentile of 24-hour concentrations. EPAestablished the standards based on significant evidence and numerous health studies demonstrating that serious health effects are associated with exposure to particulate matter. The process for designating areas following promulgation of a new or revised NAAQS is contained in section 107(d)(1) ofthe CAA . EPAand State air quality agencies initiated the monitoring process for the 1997 PM2 .5 NAAQS in 1999 and began operating all air quality monitors by January 2001 . On January 5, 2005, EPA published its air 7quality designations and classifications for the 1997 PM2 .5 NAAQSbased upon air quality monitoring data fromthose monitors for calendar years 2001-2003 (70FR944) . These designations became effective on April 5, 2005. The Hickory, North Carolina, area is composed ofCatawba County, North Carolina, andwas designated nonattainment for the 1997 PMZ.S NAAQS (see 40 CFRpart 81) . IV . What is EPA's Analysis of the Relevant Air Quality Data? EPAhas reviewed the ambient air monitoring data for PM2 .5, consistent with the requirements contained in 40 CFRpart 50, as recorded in the EPAAQS database for the Hickory, North Carolina, PMz.s nonattainment area. On the basis ofthat review, EPA has concluded that this area attained the 1997 PM2 .5 NAAQS during the 2006-2008 monitoring period. Under EPAregulations at 40 CFR50 .7: (1) The annual primary and secondary PM2 .5 standards are met when the annual arithmetic mean concentration, as determined in accordance with 40CFR Part 50, Appendix N, is less than or equal to 15.0 Vg/m3 . (2) The 24-hour primary and secondary PM2 .5 standards are met when the 98'h percentile 24- hour concentration, as determined in accordance with 40 CFRPart 50, Appendix N, is less than or equal to 65 Vg/m3. Table 1 shows the design values (the metrics calculated in accordance with 40CFRpart 50, appendix N, for determining compliance with the NAAQS) for the 1997 Annual PM2,5 8NAAQS for the Hickory, North Carolina, nonattainment area monitors for the years 2006-2008 . Table 2 shows the design values for the 1997 24-hour PMz.5 NAAQS for these same monitors and for the same 3-year period. Table 1. Design Value for Counties in the Hickory, North Carolina, Nonattainment Area 

### or 1997 PM2,5 NAA S - Annual Standard Location AQS site ID 2006 2007 2008 2006-2008 Averag e Averag

e Averag

e Desi gnValue atawba Count 37-035-0004 15.163 14.592 12.806 14.2

able 2 . Design Valuefor Counties in the Hickory, North Carolina, Nonattainment Area or 1997 PMZ,S NAA S - 24-Hour Standard Location AQSsite ID 2006 2007 2008 2006-2008 98th 98th 98th Design Value Percentile Percentile Percentile atawba County 37-035-0004 J 32.9 ~ 30.7 ~ 25.2 ~ 30 EPA's review

of these data indicates that the Hickory, North Carolina, nonattainment area has met and continues to meet the 1997 PM2 .5 NAAQS

. EPAis soliciting public comments on the issues discussed in this document . These comments will be considered before taking final action. V . Proposed Action EPAis proposing to determine that the Hickory, North Carolina, nonattainment area for the 1997 PM2,5 NAAQS has attained the 1997 PM2 .5 NAAQS based on 2006-2008 monitoring data. As provided in 40CFR 51 .1004(c), if EPAfinalizes this determination, it will suspend the requirement for the State of North Carolina to submit for this area an attainment demonstration and associated RACM, RFPplan, contingency measures, and any other planning SIPs related to 9attainment of the 1997 PMz.5 NAAQS as long as the area continues to attain the 1997 PM2 .5 NAAQS . VI . Statutory and Executive Order Reviews This action proposes to make a determination based on air quality data, andwould, if finalized, result in the suspension of certain Federal requirements. For that reason, this proposed action: " is not a "significant regulatory action" subject to reviewby 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 underthe 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 (Public Law 104-4) ; " does not have Federalismimplications 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 FR28355, May 22, 2001) ; 10" is not subject to requirements of Section 12(d) of the National Technology Transfer and

AdvancementAct of 1995 (15 U.S.C. 272note) because application of those requirements would be inconsistent with the CAA ; and " does not provide EPAwith the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, underExecutive Order 12898 (59 FR7629, 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 EPAnotes that it will not impose substantial direct costs on tribal governments or preempt tribal law .

### List of Subjects

Environmental protection, Air pollution control, Incorporationby reference, Particulate matter. 

## SEP 28 'to09 A. Stanley Meiburg Date Acting Regional Administrator, Region 4 .