ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 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 of Attaining 

Data for the 1997 Fine Particulate Matter Standard 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposed rule . 

SUMIVIARY: EPA is 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 of the 1997 PM2.5 NAAQS for the years of 2006-2008 . In addition, 

monitoring data thus far available, but not yet certified, in the EPA Air Quality System (AQS) 

database for 2009 show that 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 of the 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 REGISTER OFFICE: 

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 of the following methods : 

1 . www.regulations .gov: Follow the 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 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, 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, 8:30 to 4:30, excluding federal holidays . 

Instructions : Direct your comments to Docket ID No. 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) 

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or 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 

EPA will 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 EPA without 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 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 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 

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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: Joel Huey, 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. 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 EPA Taking? 

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 EPA Taking? 

EPA is 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 the years 2006-2008 

showing that the area has monitored attainment of the 1997 PM2.5 NAAQS. In addition, quality 

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controlled and quality assured monitoring data thus far available, but not yet certified, in the 

EPA AQS database for 2009, show that this area continues to meet the 1997 PM2.5 NAAQS. 

11. What is the Effect of This Action? 

If this determination is made final, under the provisions of EPA's PM2.5 implementation 

rule (see 40 CFR 51 .1004(c)), the requirement for the State of North Carolina to submit an 

attainment demonstration and associated RACM, RFP plan, contingency measures, and any other 

planning SIPs related to attainment of the 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 of the 1997 PM2.5 

NAAQS; (2) continue until such time, if any, that EPA subsequently determines that the area has 

violated the 1997 PM2,5 NAAQS; (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 of whether EPA designates this area 

as a nonattainment area for purposes of the 2006 PM2.5 NAAQS. Furthermore, as described 

below, any such final determination would not be equivalent to the redesignation of the area to 

attainment based on the 1997 PM2.5 NAAQS. 
If this rulemaking is finalized and EPA subsequently determines, after notice-andcomment rulemaking in the Federal Re ig ster , that the area has violated the 1997 PM2.5 NAAQS, 

the basis for the suspension of the specific requirements, set forth at 40 CFR 51 .1004(c), would 

no longer exist, and the area would thereafter have to address pertinent requirements . 

The determination that EPA proposes with this Federal Register notice is not equivalent 

to a redesignation of the area to attainment . This proposed action, if finalized, would not 

constitute a redesignation to attainment under section 107(d)(3) of the Clean Air Act (CAA) 

because we would not yet have an approved maintenance plan for the area as required under 

section 175A of the CAA nor a determination that the area has met the other requirements for 

redesignation. The designation status of the area would remain nonattainment for the 1997 PM2.5 

NAAQS until such time as EPA determines that it meets the CAA requirements for redesignation 

to attainment . 

This proposed action, if finalized, is limited to a determination that the Hickory, North 

Carolina, PM2.5 nonattainment area has attained the 1997 PM2.5 NAAQS. The 1997 PM2.5 

NAAQS became effective on July 18, 1997 (62 FR 36852), and are set forth at 40 CFR 50.7 . 

The 2006 PM2.5 NAAQS, which became effective on December 18, 2006 (71 FR 61144), are set 

forth at 40 CFR 50.13 . EPA is currently in the process of making designation determinations, as 

required by CAA section 107(d)(1), for the 2006 PM2.5 NAAQS. EPA has 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, any future designation determination that EPA may make based on the 2006 

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PM2.5 NAAQS for the Hickory, North Carolina, area. Conversely, any future designation 

determination of the Hickory, North Carolina, area, based on the 2006 PM2.5 NAAQS, will not 

have any effect on the determination proposed by this notice . 

If this 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, RFP plan, contingency measures, and any other 

planning SIPs related to attainment of the 1997 PM2.5 NAAQS will remain suspended regardless 

of whether EPA designates this area as a nonattainment area for purposes of the 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? 

On July 18, 1997 (62 FR 36852), EPA established 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 a twenty-four hour standard of 65 uglm3 based on a 3-year average of the 

981' percentile of 24-hour concentrations . EPA established 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) of the CAA. EPA and 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 

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quality designations and classifications for the 1997 PM2.5 NAAQS based upon air quality 

monitoring data from those monitors for calendar years 2001-2003 (70 FR 944). These 

designations became effective on April 5, 2005 . The Hickory, North Carolina, area is composed 

of Catawba County, North Carolina, and was designated nonattainment for the 1997 PMZ.S 

NAAQS (see 40 CFR part 81) . 

IV. What is EPA's Analysis of the Relevant Air Quality Data? 

EPA has reviewed the ambient air monitoring data for PM2.5, consistent with the 

requirements contained in 40 CFR part 50, as recorded in the EPA AQS database for the 

Hickory, North Carolina, PMz.s nonattainment area. On the basis of that review, EPA has 

concluded that this area attained the 1997 PM2.5 NAAQS during the 2006-2008 monitoring 

period . Under EPA regulations at 40 CFR 50.7 : 

(1) The annual primary and secondary PM2.5 standards are met when the annual arithmetic 

mean concentration, as determined in accordance with 40 CFR 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 CFR Part 50, Appendix N, is 

less than or equal to 65 Vg/m3 . 

Table 1 shows the design values (the metrics calculated in accordance with 40 CFR part 

50, appendix N, for determining compliance with the NAAQS) for the 1997 Annual PM2,5 

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NAAQS 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 

Average Average Average Design Value 

atawba Count 37-035-0004 15 .163 14.592 12.806 14.2 

able 2. Design Value for Counties in the Hickory, North Carolina, Nonattainment Area 

or 1997 PMZ,S NAA S - 24-Hour Standard 

Location AQS site 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. EPA is soliciting public comments 

on the issues discussed in this document. These comments will be considered before taking final 

action . 

V. Proposed Action 

EPA is 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 40 CFR 51 .1004(c), if EPA finalizes this determination, it will suspend the 

requirement for the State of North Carolina to submit for this area an attainment demonstration 

and associated RACM, RFP plan, contingency measures, and any other planning SIPs related to 

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attainment 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, and would, if 

finalized, result in the suspension of certain Federal requirements . For that reason, this proposed 

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 (Public Law 

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) ; 

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" 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. 
List of Subjects 

Environmental protection, Air pollution control, Incorporation by reference, Particulate matter. 

SEP 2 8 'to09 

A. Stanley Meiburg 

Date Acting Regional Administrator, 

Region 4.