```

[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Proposed Rules]
[Pages 59345-59361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24644]

[[Page 59345]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2009-1011-201066; FRL-9464-3]

Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; North Carolina: 
Redesignation of the Greensboro-Winston-Salem-High Point 1997 Annual 
Fine Particulate Matter Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve SIP revisions submitted on 
December 18, 2009, and December 22, 2010 (supplemental submission) by 
the State of North Carolina, through the North Carolina Department of 
Environment and Natural Resources (NC DENR), Division of Air Quality 
(DAQ), to support North Carolina's request to redesignate the 
Greensboro-Winston-Salem-High Point fine particulate matter 
(PM2.5) nonattainment area (hereafter the ``Greensboro 
Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 
National Ambient Air Quality Standards (NAAQS). The Greensboro Area is 
comprised of Davidson and Guilford Counties in their entireties. EPA is 
now proposing four separate but related actions. First, EPA is 
proposing to approve the December 18, 2009, PM2.5 
redesignation request, including the December 22, 2010, Motor Vehicle 
Emission Simulator (MOVES) mobile model supplement for the Greensboro 
Area, provided that EPA takes final action to approve specific 
provisions of the North Carolina Clean Smokestacks Act (NCCSA). Second, 
EPA is proposing to approve North Carolina's 2008 emissions inventory 
for the Greensboro Area under section 172(c)(3) of the Clean Air Act 
(CAA or Act). Third, subject to the same proviso regarding the NCCSA 
and final approval of the 2008 emissions inventory, EPA is proposing to 
approve the 1997 Annual PM2.5 NAAQS maintenance plan for the 
Greensboro Area, including the 2008 baseline emissions inventory, and 
the motor vehicle emission budgets (MVEBs) for PM2.5 and 
nitrogen oxides (NOX) for the years 2011 and 2021 for the 
Greensboro Area. EPA is also describing the status of its 
transportation conformity adequacy determination for the new 2011 and 
2021 MVEBs for PM2.5 and NOX that are contained 
in the 1997 Annual PM2.5 NAAQS maintenance plan for the 
Greensboro Area. Fourth and separate from the action to redesignate the 
Area, EPA is proposing to determine that the Greensboro Area has 
attained the 1997 Annual PM2.5 NAAQS by its applicable 
attainment date of April 5, 2010. These proposed actions are being 
taken pursuant to the CAA and its implementing regulations.

DATES: Comments must be received on or before October 26, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-1011, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: benjamin.lynorae@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2009-1011, 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: Ms. 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-
2009-1011. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The http://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 e-mail comment directly to EPA without 
going through http://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 
http://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 http://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: 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. Joel Huey may be reached by 
phone at (404) 562-9104 or via electronic mail at huey.joel@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is the effect of EPA's proposed actions?
VI. What is EPA's analysis of the request?

[[Page 59346]]

VII. What is EPA's analysis of North Carolina's proposed 
PM2.5 and NOX MVEBs for the Greensboro area?
VIII. What is the status of EPA's adequacy determination for the 
proposed PM2.5 and NOX MVEBs for 2011 and 2021 
for the Greensboro area?
IX. What is EPA's analysis of the proposed 2008 base year emissions 
inventory for the Greensboro area?
X. Proposed Action on the Redesignation Request and Maintenance Plan 
SIP Revision Including Proposed Approval of the 2011 and 2021 
PM2.5 and NOX MVEBs for the Greensboro Area
XI. Proposed Action on the Determination That the Greensboro Area 
Has Attained the 1997 PM2.5 NAAQS by Its Applicable 
Attainment Date
XII. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing to take?

    EPA is proposing to take the following four separate but related 
actions, some of which involve multiple elements: (1) To redesignate 
the Greensboro Area to attainment for the 1997 Annual PM2.5 
NAAQS, provided EPA approves the emissions inventory submitted with the 
maintenance plan as well as the NCCSA which is the subject of separate 
Federal rulemaking action; (2) to approve, under section 172(c)(3) of 
the CAA, the emissions inventory submitted with the maintenance plan; 
(3) to approve into the North Carolina SIP, under section 175A of the 
CAA, Greensboro's 1997 Annual PM2.5 NAAQS maintenance plan, 
including the associated MVEBs (EPA is also notifying the public of the 
status of EPA's adequacy determination for the Greensboro Area MVEBs); 
and (4) to determine, pursuant to section 179(c) of the CAA, that the 
Greensboro Area attained the 1997 PM2.5 NAAQS by its 
attainment date of April 5, 2010. On January 4, 2010, at 75 FR 54, EPA 
determined that the Greensboro Area was attaining the 1997 
PM2.5 NAAQS. EPA is now proposing to determine that the Area 
is continuing to attain the 1997 PM2.5 NAAQS and to take 
several additional related actions regarding the Area, which are 
summarized below and described in greater detail throughout this notice 
of proposed rulemaking.
    First, EPA proposes to determine that, if EPA's proposed approvals 
of the 2008 baseline emissions inventory for the Greensboro Area and 
the NCCSA Federal rulemaking action are finalized, the Area has met the 
requirements for redesignation under section 107(d)(3)(E) of the CAA. 
In this action, EPA is proposing to approve a request to change the 
legal designation of Davidson and Guilford Counties in the Greensboro 
Area from nonattainment to attainment for the 1997 Annual 
PM2.5 NAAQS. The emissions inventory is being proposed for 
approval today, and the NCCSA rules were proposed for approval in a 
separate action on June 22, 2011 (76 FR 36468).
    Second, EPA is proposing to approve North Carolina's 2008 emissions 
inventory for the Greensboro Area (under CAA section 172(c)(3)). North 
Carolina selected 2008 as the attainment emissions inventory year for 
the Greensboro Area. This attainment inventory identifies a level of 
emissions in the Area that is sufficient to attain the 1997 Annual 
PM2.5 NAAQS and is a current, comprehensive inventory that 
meets the requirements of section 172(c)(3).
    Third, subject to EPA's final approval of the NCCSA into the SIP, 
EPA is proposing to approve North Carolina's 1997 Annual 
PM2.5 NAAQS maintenance plan for the Greensboro Area as 
meeting the requirements of CAA section 175A (such approval being one 
of the CAA criteria for redesignation to attainment status). The 
maintenance plan is designed to help keep the Greensboro Area in 
attainment of the 1997 Annual PM2.5 NAAQS through 2021. 
Consistent with the CAA, the maintenance plan that EPA is proposing to 
approve today also includes PM2.5 and NOX MVEBs 
for the years 2011 and 2021. EPA is proposing to approve into the North 
Carolina SIP the 2011 and 2021 MVEBs that are included as part of North 
Carolina's maintenance plan for the 1997 Annual PM2.5 NAAQS.
    On a related matter to this third action, EPA is also notifying the 
public of the status of EPA's adequacy process (Adequacy) for the 
newly-established PM2.5 and NOX MVEBs for 2011 
and 2021 for the Greensboro Area. The Adequacy comment period for the 
Greensboro Area 2011 and 2021 MVEBs began on November 23, 2010, with 
EPA's posting of the availability of this submittal on EPA's Adequacy 
Web site (http://www.epa.gov/otaq/stateresources/transconf/currsips.htm). The Adequacy comment period for these MVEBs closed on 
December 23, 2010, and EPA received no adverse comments. Please see 
section VIII of this proposed rulemaking for further explanation of 
this process and for more details on the MVEBs determination.
    Fourth and separate from the action to redesignate the Area, EPA is 
proposing to determine, based on quality-assured and certified 
monitoring data for the 2007-2009 monitoring period, that the 
Greensboro Area has attained the 1997 Annual PM2.5 NAAQS by 
its applicable attainment date of April 5, 2010.
    Today's notice of proposed rulemaking is in response to North 
Carolina's December 18, 2009, SIP submittal and subsequent supplement 
of December 22, 2010. Those documents address the specific issues 
summarized above and the necessary elements described in section 
107(d)(3)(E) of the CAA for redesignation of the Greensboro Area to 
attainment for the 1997 Annual PM2.5 NAAQS.

II. What is the background for EPA's proposed actions?

    Fine particle pollution can be emitted directly or formed 
secondarily in the atmosphere. The main precursors of PM2.5 
are sulfur dioxide (SO2), NOX, ammonia and 
volatile organic compounds (VOCs). Unless otherwise noted by the State 
or EPA, ammonia and VOCs are presumed to be insignificant contributors 
to PM2.5 formation, whereas SO2 and 
NOX are presumed to be significant contributors to 
PM2.5 formation. Sulfates are a type of secondary particle 
formed from SO2 emissions of power plants and industrial 
facilities. Nitrates, another common type of secondary particle, are 
formed from NOX emissions of power plants, automobiles, and 
other combustion sources.
    On July 18, 1997, EPA promulgated the first air quality standards 
for PM2.5. EPA promulgated an annual standard at a level of 
15 micrograms per cubic meter ([mu]g/m\3\), based on a three-year 
average of annual mean PM2.5 concentrations. In the same 
rulemaking, EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based 
on a three-year average of the 98th percentile of 24-hour 
concentrations. On October 17, 2006, at 71 FR 61144, EPA retained the 
annual average NAAQS at 15 [mu]g/m\3\ but revised the 24-hour NAAQS to 
35 [mu]g/m\3\, based again on the three-year average of the 98th 
percentile of 24-hour concentrations.\1\ Under EPA regulations at 40 
CFR part 50, the primary and secondary 1997 Annual PM2.5 
NAAQS are attained 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 [micro]g/m\3\ at all relevant monitoring sites in the 
subject area over a 3-year period.
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    \1\ In response to legal challenges of the annual standard 
promulgated in 2006, the United States Court of Appeals for the 
District of Columbia Circuit (D.C. Circuit) remanded this NAAQS to 
EPA for further consideration. See American Farm Bureau Federation 
and National Pork Producers Council, et al. v. EPA, 559 F.3d 512 
(D.C. Cir. 2009). However, given that the 1997 and 2006 annual NAAQS 
are essentially identical, attainment of the 1997 Annual NAAQS would 
also indicate attainment of the remanded 2006 Annual NAAQS.
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    On January 5, 2005, at 70 FR 944, and as supplemented on April 14, 
2005, at 70 FR 19844, EPA designated the Greensboro Area as 
nonattainment for

[[Page 59347]]

the 1997 Annual PM2.5 NAAQS. In that action, EPA defined the 
Greensboro Area to include Davidson and Guilford Counties in their 
entireties. On November 13, 2009, at 74 FR 58688, EPA promulgated 
designations for the 24-hour standard established in 2006, designating 
the Greensboro Area as attaining this NAAQS. That action clarified that 
the Greensboro Area was also attaining the 24-hour NAAQS promulgated in 
1997. EPA did not promulgate designations for the annual average NAAQS 
promulgated in 2006 since the NAAQS was essentially identical to the 
annual NAAQS promulgated in 1997. Therefore, the Greensboro Area is 
designated nonattainment only for the annual PM2.5 NAAQS 
promulgated in 1997, and today's action only addresses this 
designation.
    All 1997 PM2.5 NAAQS areas were designated under subpart 
1 of title I, part D, of the CAA. Subpart 1 contains the general 
requirements for nonattainment areas for any pollutant governed by a 
NAAQS and is less prescriptive than the other subparts of title I, part 
D. On April 25, 2007, at 72 FR 20664, EPA promulgated its 
PM2.5 Implementation Rule, codified at 40 CFR part 51, 
subpart Z, in which the Agency provided guidance for state and tribal 
plans to implement the 1997 PM2.5 NAAQS. This rule, at 40 
CFR 51.1004(c), specifies some of the regulatory consequences of 
attaining the NAAQS, as discussed below.
    On May 12, 2005, EPA published the Clean Air Interstate Rule 
(CAIR), which addressed the interstate transport requirements of the 
CAA and required states to significantly reduce SO2 and 
NOX emissions from power plants (70 FR 25162). The 
associated Federal Implementation Plans (FIPs) were published on April 
28, 2006 (71 FR 25328). However, on July 11, 2008, the D.C. Circuit 
issued its decision to vacate and remand both CAIR and the associated 
CAIR FIPs in their entirety. North Carolina v. EPA, 531 F.3d 836 (D.C. 
Cir., 2008). EPA petitioned for rehearing, and the Court issued an 
order remanding CAIR to EPA without vacating either CAIR or the CAIR 
FIPs. North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir., 2008). The Court 
left CAIR in place to ``temporarily preserve the environmental values 
covered by CAIR'' until EPA replaces it with a rule consistent with the 
Court's opinion. Id. at 1178. The Court directed EPA to ``remedy CAIR's 
flaws'' consistent with its July 11, 2008, opinion but declined to 
impose a schedule on EPA for completing that action. Id. As a result of 
these court rulings, the power plant emission reductions that resulted 
solely from the development, promulgation, and implementation of CAIR, 
and the associated contribution to air quality improvement that 
occurred solely as a result of CAIR in the Greensboro Area could not be 
considered to be permanent.
    On August 8, 2011, EPA published the Cross State Air Pollution Rule 
(CSAPR) in the Federal Register under the title, ``Federal 
Implementation Plans to Reduce Interstate Transport of Fine Particulate 
Matter and Ozone in 27 States; Correction of SIP Approvals for 22 
States'' (the ``Cross-State Air Pollution Rule'' (CSAPR)) (76 FR 48208, 
August 8, 2011) to address interstate transport of emissions and 
resulting secondary air pollutants and to replace CAIR. The CAIR 
emission reduction requirements limit emissions in North Carolina and 
states upwind of North Carolina through 2011 and the CSAPR requires 
similar or greater reductions in the relevant areas in 2012 and beyond. 
The emission reductions that the CSAPR mandates may be considered to be 
permanent and enforceable. In turn, the air quality improvement in the 
Greensboro Area that has resulted from EGU emission reductions 
associated with CAIR (as well as the substantial further air quality 
improvement that would be expected to result from full implementation 
of the CSAPR) may also be considered to be permanent and enforceable. 
EPA proposes that the requirement in section 107(d)(3)(E)(iii) has now 
been met because the emission reduction requirements of CAIR address 
emissions through 2011 and EPA has now promulgated CSAPR which requires 
similar or greater reductions in the relevant areas in 2012 and beyond. 
Because the emission reduction requirements of CAIR are enforceable 
through the 2011 control period, and because CSAPR has now been 
promulgated to address the requirements previously addressed by CAIR 
and gets similar or greater reductions in the relevant areas in 2012 
and beyond, EPA is proposing to determine that the emission reductions 
that led to attainment in the Greensboro nonattainment area can now be 
considered permanent and enforceable. Therefore, EPA proposes to find 
that the transport requirement of CAA section 107(d)(3)(E)(iii) has 
been met for the Greensboro Area.
    The 3-year ambient air quality data for 2006-2008 indicated no 
violations of the 1997 PM2.5 NAAQS for the Greensboro Area. 
As a result, on December 18, 2009, and as supplemented on December 22, 
2010, North Carolina requested redesignation of the Greensboro Area to 
attainment for the 1997 Annual PM2.5 NAAQS. The 
redesignation request included three years of complete, quality-assured 
ambient air quality data for the 1997 Annual PM2.5 NAAQS for 
2006-2008, indicating that the 1997 Annual PM2.5 NAAQS had 
been achieved for the Greensboro Area. Under the CAA, nonattainment 
areas may be redesignated to attainment if sufficient, complete, 
quality-assured data is available for the Administrator to determine 
that the area has attained the standard and the area meets the other 
CAA redesignation requirements in section 107(d)(3)(E). From 2005 
through the present, the monitored annual average PM2.5 
values for the Greensboro Area have declined such that the Area is 
attaining the 1997 Annual PM2.5 NAAQS. On January 4, 2010, 
EPA determined that the Greensboro Area had attained the 1997 Annual 
PM2.5 NAAQS (75 FR 54). While annual PM2.5 
concentrations are dependent on a variety of conditions, the overall 
downtrend in annual PM2.5 concentrations in the Greensboro 
Area can be attributed to the reduction of SO2 emissions, as 
will be discussed in more detail in section VI of this proposed 
rulemaking. EPA is now proposing to find that the Greensboro Area 
continues to attain the 1997 PM2.5 NAAQS.

III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation provided the following criteria are met: (1) 
The Administrator determines that the area has attained the applicable 
NAAQS; (2) the Administrator has fully approved the applicable 
implementation plan for the area under section 110(k); (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions; (4) the Administrator has fully approved a maintenance plan 
for the area as meeting the requirements of section 175A; and (5) the 
state containing such area has met all requirements applicable to the 
area under section 110 and part D of title I of the CAA.
    EPA has provided guidance on redesignation in the General Preamble 
for the Implementation of title I of the CAA Amendments of 1990 (April 
16, 1992, 57 FR 13498, and supplemented

[[Page 59348]]

on April 28, 1992, 57 FR 18070) and has provided further guidance on 
processing redesignation requests in the following documents:
    1. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereafter referred to as the 
``Calcagni Memorandum'')
    2. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992; and
    3. ``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994.

IV. Why is EPA proposing these actions?

    On December 18, 2009, and as supplemented on December 22, 2010, the 
State of North Carolina, through DAQ, requested redesignation of the 
Greensboro Area to attainment for the 1997 Annual PM2.5 
NAAQS. EPA's evaluation indicates that the Greensboro Area has attained 
the 1997 Annual PM2.5 NAAQS. If EPA finalizes approval of 
the emissions inventory and the NCCSA rulemaking, the Area will meet 
the requirements for redesignation set forth in section 107(d)(3)(E), 
including the maintenance plan requirements under section 175A of the 
CAA. As a result, EPA is proposing to take the first three related 
actions previously summarized. The fourth action, to determine that the 
Area has attained the 1997 Annual PM2.5 NAAQS by its 
attainment date, is being proposed in accordance with section 179(c)(1) 
of the CAA based upon EPA's review of the data for 2007-2009. Section 
179(c)(1) reads as follows: ``As expeditiously as practicable after the 
applicable attainment date for any nonattainment area, but not later 
than 6 months after such date, the Administrator shall determine, based 
on the area's air quality as of the attainment date, whether the area 
attained the standard by that date.'' EPA proposes to determine that 
the Area attained the 1997 Annual PM2.5 NAAQS by its 
applicable attainment date of April 5, 2010.

V. What is the effect of EPA's proposed actions?

    EPA's proposed actions establish the basis upon which EPA may take 
final action on the North Carolina submittal being proposed for 
approval today. Approval of North Carolina's redesignation request 
would change the legal designation of Davidson and Guilford Counties in 
North Carolina for the 1997 Annual PM2.5 NAAQS, found at 40 
CFR part 81, from nonattainment to attainment. Approval of North 
Carolina's request would also incorporate into the North Carolina SIP a 
plan for maintaining the 1997 Annual PM2.5 NAAQS in the 
Greensboro Area through 2021. The maintenance plan includes, among 
other components, contingency measures to remedy potential future 
violations of the 1997 Annual PM2.5 NAAQS. Approval of North 
Carolina's maintenance plan would also result in approval of the 
NOX MVEBs. The PM2.5 MVEBs for the Greensboro 
Area are 153,313 kilograms/year (kg/yr) for both 2011 and 2021. The 
NOX MVEBs for 2011 and 2021 for Davidson County are 
4,086,413 kg/yr and 2,148,938 kg/yr, respectively. The PM2.5 
MVEBs for Guilford County are 421,841 kg/yr for both 2011 and 2021. The 
NOX MVEBs for 2011 and 2021 for Guilford County are 
11,133,605 kg/yr and 6,309,650 kg/yr, respectively. Final action would 
also approve the Area's emissions inventory under section 172(c)(3). 
Additionally, EPA is notifying the public of the status of its adequacy 
determination for the PM2.5 and NOX MVEBs for 
2011 and 2021.

VI. What is EPA's analysis of the request?

    As stated above, in accordance with the CAA, EPA proposes in 
today's action to: (1) Redesignate the Greensboro Area to attainment 
for the 1997 Annual PM2.5 NAAQS; (2) approve the Greensboro 
Area emissions inventory submitted with the maintenance plan; (3) 
approve into the North Carolina SIP Greensboro's 1997 Annual 
PM2.5 NAAQS maintenance plan, including the associated 
MVEBs; and (4) determine that the Greensboro Area attained the 1997 
PM2.5 NAAQS by its attainment date of April 5, 2010. The 
first three of these actions are based upon EPA's determination that 
the Greensboro Area continues to attain the 1997 Annual 
PM2.5 NAAQS and that all other redesignation criteria have 
been met for the Greensboro Area, provided EPA approves the emissions 
inventory submitted with the maintenance plan and the NCCSA rulemaking. 
The five redesignation criteria provided under CAA section 107(d)(3)(E) 
are discussed in greater detail for the Area in the following 
paragraphs of this section. The fourth action, EPA's proposed 
determination that the Greensboro Area attained the 1997 
PM2.5 NAAQS by its attainment date of April 5, 2010, is 
discussed in section XI.

Criteria (1)--The Greensboro Area has Attained the 1997 Annual PM2.5 
NAAQS

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). EPA is proposing to determine that 
the Greensboro Area continues to attain the 1997 Annual 
PM2.5 NAAQS. For PM2.5, an area may be considered 
to be attaining the 1997 Annual PM2.5 NAAQS if it meets the 
1997 Annual PM2.5 NAAQS, as determined in accordance with 40 
CFR 50.7 and Appendix N of part 50, based on three complete, 
consecutive calendar years of quality-assured air quality monitoring 
data. To attain these NAAQS, the 3-year average of the annual 
arithmetic mean concentration, as determined in accordance with 40 CFR 
part 50, Appendix N, is less than or equal to 15.0 [micro]g/m\3\ at all 
relevant monitoring sites in the subject area over a 3-year period. The 
relevant data must be collected and quality-assured in accordance with 
40 CFR part 58 and recorded in the EPA Air Quality System (AQS). The 
monitors generally should have remained at the same location for the 
duration of the monitoring period required for demonstrating 
attainment.
    On January 4, 2010, at 75 FR 54, EPA determined that the Greensboro 
Area was attaining the 1997 PM2.5 NAAQS. EPA reviewed 
PM2.5 monitoring data from monitoring sites in the 
Greensboro Area for the 1997 Annual PM2.5 NAAQS for 2006-
2009. These data have been quality-assured and are recorded in AQS. The 
annual arithmetic mean PM2.5 concentrations for 2006-2009 
and the 3-year averages of these values (i.e., design values) are 
summarized in Table 1.\2\ EPA has reviewed more recent data which 
indicate that the Greensboro Area continues to attain the 1997 
PM2.5 NAAQS. The design values for 2007-2009 and 2008-2010 
are also included in Table 1 and demonstrate that the Greensboro Area 
continues to meet the PM2.5 NAAQS and that the ambient

[[Page 59349]]

concentrations of PM2.5 are continuing to decrease in the 
Area.
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    \2\ The values in Table 1 represent the most current quality 
assured, quality controlled and certified ambient air monitoring 
data available in the EPA AQS database and, therefore differ 
slightly from the values submitted in the North Carolina 
redesignation request. The Colfax monitor was added in 2007 and thus 
does not have the three years of data required for calculating a 
design value.

                        Table 1--Design Value Concentrations for the Greensboro 1997 Annual PM2.5 Nonattainment Area ([mu]g/m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Annual average PM2.5 concentrations ([mu]g/m\3\)
                  County                             Site name             Monitor ID   ----------------------------------------------------------------
                                                                                             2006         2007         2008         2009       2010 \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Davidson.................................  Lexington...................     37-057-0002        15.13        14.64        13.61        10.61         12.1
Guilford.................................  Mendenhall..................     37-081-0013         14.5        13.14        11.41         9.31         10.4
Guilford.................................  Colfax......................     37-035-0014          N/A          N/A        12.32         9.63         10.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

 
                                                                    Three-year PM2.5 design values ([mu]g/m\3\)
                                                                 -----------------------------------------------
                                                                     2006-2008       2007-2009     2008-2010 \3\
----------------------------------------------------------------------------------------------------------------
Davidson......................  Lexington.......     37-057-0002            14.5            13.0            12.1
Guilford......................  Mendenhall......     37-081-0013            13.0            11.3            10.4
Guilford......................  Colfax..........     37-035-0014             N/A             N/A            10.8
----------------------------------------------------------------------------------------------------------------

    The 3-year design value (2006-2008) submitted by North Carolina for 
redesignation of the Greensboro Area is 14.5 [mu]g/m\3\, which meets 
the NAAQS as described above. Preliminary 2010 air quality data that 
are available in AQS, but not yet certified, indicate that the Area 
continues to attain the PM2.5 NAAQS. As mentioned above, on 
January 4, 2010, (75 FR 54) EPA published a clean data determination 
for the Greensboro Area for the 1997 PM2.5 NAAQS. In today's 
action, EPA is proposing to determine that the Area is continuing to 
attain the 1997 PM2.5 NAAQS. EPA will not go forward with 
the redesignation if the Area does not continue to attain until the 
time that EPA finalizes the redesignation. As discussed in more detail 
below, the State of North Carolina has committed to continue monitoring 
in the Area in accordance with 40 CFR part 58.
---------------------------------------------------------------------------

    \3\ The preliminary PM2.5 ambient air quality data 
for 2010 for the Greensboro Area indicates that the Area is 
attaining the NAAQS with 2008-2010 design values. This preliminary 
data includes complete data from all quarters of 2010 but has not 
yet been certified and is thus subject to change.
---------------------------------------------------------------------------

Criteria (5)--North Carolina Has Met All Applicable Requirements Under 
Section 110 and Part D of Title I of the CAA; and Criteria (2)--North 
Carolina Has a Fully Approved SIP Under Section 110(k) for the 
Greensboro Area

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the state has met all applicable 
requirements under Section 110 and part D of title I of the CAA (CAA 
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP 
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA 
proposes to find that North Carolina has met all applicable SIP 
requirements for the Greensboro Area under section 110 of the CAA 
(general SIP requirements) for purposes of redesignation. EPA also 
proposes to find that the North Carolina SIP satisfies the criterion 
that it meet applicable SIP requirements for purposes of redesignation 
under part D of title I of the CAA (requirements specific to 1997 
Annual PM2.5 nonattainment areas). Further, EPA proposes to 
determine that the SIP is fully approved with respect to all 
requirements applicable under section 110(k). In making these 
determinations, EPA ascertained which requirements are applicable to 
the Area and, if applicable, that they are fully approved under the 
CAA. For the purposes of review of the State's redesignation request, 
the SIP needs only to be fully approved with respect to requirements 
that were applicable prior to submittal of the complete redesignation 
request.
a. Greensboro Area Has Met All Applicable Requirements Under Section 
110 and Part D of Title I of the CAA
    General SIP requirements. Section 110(a)(2) of title I of the CAA 
delineates the general requirements for a SIP, which include 
enforceable emissions limitations and other control measures, means, or 
techniques; provisions for the establishment and operation of 
appropriate devices necessary to collect data on ambient air quality; 
and programs to enforce the limitations. General SIP elements and 
requirements are delineated in section 110(a)(2) of title I, part A of 
the CAA. These requirements include, but are not limited to, the 
following: Submittal of a SIP that has been adopted by the state after 
reasonable public notice and hearing; provisions for establishment and 
operation of appropriate procedures needed to monitor ambient air 
quality; implementation of a source permit program; provisions for the 
implementation of part C requirements (Prevention of Significant 
Deterioration (PSD)) and provisions for the implementation of part D 
requirements (New Source Review (NSR) permit programs); provisions for 
air pollution modeling; and provisions for public and local agency 
participation in planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address the interstate 
transport of air pollutants (e.g., NOX SIP Call,\4\ CAIR,\5\ 
and the CSAPR). The section 110(a)(2)(D) requirements for a state are 
not linked with a particular nonattainment area's designation and 
classification in that state. EPA believes that the

[[Page 59350]]

requirements linked with a particular nonattainment area's designation 
and classifications are the relevant measures to evaluate in reviewing 
a redesignation request. The transport SIP submittal requirements, 
where applicable, continue to apply to a state regardless of the 
designation of any one particular area in the state. Thus, EPA does not 
believe that the CAA's interstate transport requirements should be 
construed to be applicable requirements for purposes of redesignation. 
However, as discussed later in this notice, addressing pollutant 
transport from other states is an important part of an area's 
maintenance demonstration.
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    \4\ On October 27, 1998 (63 FR 57356), EPA issued a 
NOX SIP Call requiring the District of Columbia and 22 
states to reduce emissions of NOX in order to reduce the 
transport of ozone and ozone precursors. In compliance with EPA's 
NOX SIP Call, North Carolina developed rules governing 
the control of NOX emissions from Electric Generating 
Units (EGUs), major non-EGU industrial boilers, major cement kilns, 
and internal combustion engines. On December 27, 2002, EPA approved 
North Carolina's rules as fulfilling Phase I (67 FR 78987).
    \5\ On May 12, 2005 (70 FR 25162), EPA promulgated CAIR which 
required 28 upwind States and the District of Columbia to revise 
their SIPs to include control measures that would reduce emissions 
of SO2 and NOX. Various aspects of CAIR rule 
were petitioned in court and on December 23, 2008, the U.S. Court of 
Appeals for the District of Columbia Circuit remanded CAIR to EPA 
(see North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir., December 23, 
2008)) which left CAIR in place to ``temporarily preserve the 
environmental values covered by CAIR'' until EPA replaces it with a 
rule consistent with the Court's ruling. The Court directed EPA to 
remedy various areas of the rule that were petitioned consistent 
with its July 11, 2008 (see North Carolina v. EPA, 531 F.3d 836 
(D.C. Cir., July 11, 2008)), opinion, but declined to impose a 
schedule on EPA for completing that action. Id. Therefore, CAIR is 
currently in effect in North Carolina.
---------------------------------------------------------------------------

    In addition, EPA believes other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated. The section 110 and part D 
requirements that are linked with a particular area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. This approach is consistent with EPA's existing 
policy on applicability (i.e., for redesignations) of conformity and 
oxygenated fuels requirements, as well as with section 184 ozone 
transport requirements. See Reading, Pennsylvania, proposed and final 
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 
1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, 
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748, 
December 7, 1995). See also the discussion on this issue in the 
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in 
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19, 
2001).
    EPA has not yet completed rulemaking on a submittal from North 
Carolina dated April 1, 2008, addressing ``infrastructure SIP'' 
elements required under CAA section 110(a)(2). However, these are 
statewide requirements that are not a consequence of the nonattainment 
status of the Greensboro Area. As stated above, EPA believes that 
section 110 elements not linked to an area's nonattainment status are 
not applicable for purposes of redesignation. Therefore, 
notwithstanding the fact that EPA has not yet completed rulemaking on 
North Carolina's submittal for the PM2.5 infrastructure SIP 
elements of section 110(a)(2), EPA believes it has approved all SIP 
elements under section 110 that must be approved as a prerequisite for 
redesignating the Greensboro Area to attainment.
    Title I, Part D requirements. EPA proposes that with approval of 
North Carolina's base year emissions inventory, which is part of the 
maintenance plan submittal, the North Carolina SIP will meet applicable 
SIP requirements under part D of title I of the CAA. As discussed in 
greater detail below, EPA believes the emissions inventory is 
approvable because the 2008 direct PM2.5, SO2, 
and NOX emissions for North Carolina were developed 
consistent with EPA guidance for emissions inventories and represent a 
comprehensive, accurate and current inventory as required by section 
172(c)(3).
    Part D, subpart 1 applicable SIP requirements. EPA has determined 
that if the approval of the base year emissions inventories, discussed 
in section IX of this rulemaking, is finalized, the North Carolina SIP 
will meet the applicable SIP requirements for the Greensboro Area for 
purposes of redesignation under title I, part D of the CAA. Subpart 1 
of part D sets forth the basic nonattainment requirements applicable to 
all nonattainment areas. All areas that were designated nonattainment 
for the 1997 Annual PM2.5 NAAQS were designated under this 
subpart of the CAA and the requirements applicable to them are 
contained in sections 172 and 176.
    For purposes of evaluating this redesignation request, the 
applicable part D, subpart 1 SIP requirements for all nonattainment 
areas are contained in sections 172(c)(1)-(9) and in section 176. A 
thorough discussion of the requirements contained in section 172 can be 
found in the General Preamble for Implementation of title I (57 FR 
13498, April 16, 1992).
    Subpart 1 Section 172 Requirements. Section 172(c)(1) requires the 
plans for all nonattainment areas to provide for the implementation of 
all Reasonably Available Control Measures (RACM) as expeditiously as 
practicable and to provide for attainment of the national primary 
ambient air quality standards. EPA interprets this requirement to 
impose a duty on all nonattainment areas to consider all available 
control measures and to adopt and implement such measures as are 
reasonably available for implementation in each area as components of 
the area's attainment demonstration. Under section 172, states with 
nonattainment areas must submit plans providing for timely attainment 
and meeting a variety of other requirements. However, pursuant to 40 
CFR 51.1004(c), EPA's January 4, 2010, determination that the 
Greensboro Area was attaining the PM2.5 standard suspended 
North Carolina's obligation to submit most of the attainment planning 
requirements that would otherwise apply. Specifically, the 
determination of attainment suspended North Carolina's obligation to 
submit an attainment demonstration and planning SIPs to provide for 
reasonable further progress (RFP), reasonable available control 
measures, and contingency measures under section 172(c)(9).
    The General Preamble for Implementation of Title I (57 FR 13498, 
April 16, 1992) also discusses the evaluation of these requirements in 
the context of EPA's consideration of a redesignation request. The 
General Preamble sets forth EPA's view of applicable requirements for 
purposes of evaluating redesignation requests when an area is attaining 
a standard (General Preamble for Implementation of Title I (57 FR 
13498, April 16, 1992)).
    Because attainment has been reached in the Greensboro Area, no 
additional measures are needed to provide for attainment, and section 
172(c)(1) requirements for an attainment demonstration and RACM are no 
longer considered to be applicable for purposes of redesignation as 
long as the Area continues to attain the standard until redesignation. 
See also 40 CFR 51.1004(c).
    The RFP plan requirement under section 172(c)(2) is defined as 
progress that must be made toward attainment. This requirement is not 
relevant for purposes of redesignation because EPA has determined that 
the Greensboro Area has monitored attainment of the 1997 Annual 
PM2.5 NAAQS. See General Preamble, 57 FR 13564. See also 40 
CFR 51.1004(c). In addition, because the Greensboro Area has attained 
the 1997 Annual PM2.5 NAAQS and is no longer subject to a 
RFP requirement, the requirement to submit the section 172(c)(9) 
contingency measures is not applicable for purposes of redesignation. 
Id.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate, and current inventory of actual emissions. As 
part of North Carolina's redesignation request for the Greensboro Area, 
North Carolina submitted a 2008 base year emissions inventory. As 
discussed below in section IX, EPA is proposing to approve the 2008 
base year inventory submitted with the redesignation request as meeting 
the section 172(c)(3) emissions inventory requirement.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources to be

[[Page 59351]]

allowed in an area, and section 172(c)(5) requires source permits for 
the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. EPA has determined that, 
since PSD requirements will apply after redesignation, areas being 
redesignated need not comply with the requirement that a NSR program be 
approved prior to redesignation, provided that the area demonstrates 
maintenance of the NAAQS without part D NSR. A more detailed rationale 
for this view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled, 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' North Carolina has demonstrated that the 
Greensboro Area will be able to maintain the NAAQS without part D NSR 
in effect, and therefore North Carolina need not have fully approved 
part D NSR programs prior to approval of the redesignation request. 
Nonetheless, North Carolina currently has a fully-approved part D NSR 
program in place. North Carolina's PSD program will become effective in 
the Greensboro Area upon redesignation to attainment. Section 172(c)(6) 
requires the SIP to contain control measures necessary to provide for 
attainment of the NAAQS. Because attainment has been reached, no 
additional measures are needed to provide for attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, EPA believes the North 
Carolina SIP meets the requirements of section 110(a)(2) applicable for 
purposes of redesignation.
    Section 176 Conformity Requirements. Section 176(c) of the CAA 
requires states to establish criteria and procedures to ensure that 
federally supported or funded projects conform to the air quality 
planning goals in the applicable SIP. The requirement to determine 
conformity applies to transportation plans, programs and projects that 
are developed, funded or approved under title 23 of the United States 
Code (U.S.C.) and the Federal Transit Act (transportation conformity) 
as well as to all other federally supported or funded projects (general 
conformity). State transportation conformity SIP revisions must be 
consistent with Federal conformity regulations relating to 
consultation, enforcement and enforceability that EPA promulgated 
pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \6\ as not applying 
for purposes of evaluating a redesignation request under section 107(d) 
because state conformity rules are still required after redesignation 
and Federal conformity rules apply where state rules have not been 
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this 
interpretation); see also 60 FR 62748 (December 7, 1995) (resignation 
of Tampa, Florida). Thus, the Greensboro Area has satisfied all 
applicable requirements for purposes of redesignation under section 110 
and part D of title I of the CAA.
---------------------------------------------------------------------------

    \6\ CAA Section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from the MVEBs that are established in control 
strategy SIPs and maintenance plans.
---------------------------------------------------------------------------

b. The Greensboro Area Has a Fully Approved Applicable SIP Under 
Section 110(k) of the CAA
    If EPA issues a final approval of the base year emissions 
inventories, EPA will have fully approved the applicable North Carolina 
SIP for the Greensboro Area under section 110(k) of the CAA for all 
requirements applicable for purposes of redesignation for the 1997 
Annual PM2.5 NAAQS. EPA may rely on prior SIP approvals in 
approving a redesignation request (see Calcagni Memorandum at p. 3; 
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 
989-90 (6th Cir. 1998); Wall, 265 F.3d 426; plus any additional 
measures it may approve in conjunction with a redesignation action (see 
68 FR 25426 (May 12, 2003) and citations therein). Following passage of 
the CAA of 1970, North Carolina has adopted and submitted, and EPA has 
fully approved at various times, provisions addressing the various 1997 
Annual PM2.5 NAAQS SIP elements applicable in the Greensboro 
Area (45 FR 26038, April 17, 1980; 46 FR 43137, August 27, 1981; 50 FR 
41501, October 11, 1985; 51 FR 41786, November 19, 1986; and 51 FR 
45468, December 19, 1986).
    As indicated above, EPA believes that the section 110 elements that 
are neither connected with nonattainment plan submissions nor linked to 
an area's nonattainment status are not applicable requirements for 
purposes of redesignation. In addition, EPA believes that since the 
part D subpart 1 requirements did not become due prior to submission of 
the redesignation request, they are also not applicable requirements 
for purposes of redesignation. Sierra Club v. EPA, 375 F.3d 537 (7th 
Cir. 2004); 68 FR 25424, 25427 (May 12, 2003) (redesignation of the St. 
Louis-East St. Louis Area to attainment of the 1-hour ozone NAAQS). 
With the approval of the emissions inventory, EPA will have approved 
all Part D subpart 1 requirements applicable for purposes of this 
redesignation.

Criteria (3)--The Air Quality Improvement in the Greensboro Area 1997 
Annual PM2.5 NAAQS Nonattainment Area Is Due to Permanent 
and Enforceable Reductions in Emissions Resulting From Implementation 
of the SIP and Applicable Federal Air Pollution Control Regulations and 
Other Permanent and Enforceable Reductions

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the air quality improvement in the area 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the SIP and applicable Federal air pollution 
control regulations and other permanent and enforceable reductions (CAA 
section 107(d)(3)(E)(iii)). EPA believes North Carolina has 
demonstrated that the observed air quality improvement in the 
Greensboro Area is due to permanent and enforceable reductions 
resulting from implementation of the SIP, Federal measures, and other 
state adopted measures.
    Fine particulate matter, or PM2.5, refers to airborne 
particles less than or equal to 2.5 micrometers in diameter. Although 
treated as a single pollutant, fine particles come from many different 
sources and are composed of many different compounds. One of the 
largest components of PM2.5 in the southeastern United 
States is sulfate, which is formed through various chemical reactions 
from the precursor SO2. The other major component of 
PM2.5 is organic carbon, which originates predominantly from 
biogenic emission sources. Nitrate, which is formed from the precursor 
NOX, is also a component of PM2.5. Crustal 
materials from windblown dust and elemental carbon from combustion 
sources are less significant contributors to total PM2.5.
    State and Federal measures enacted in recent years have resulted in 
permanent emission reductions. Most of these emission reductions are 
enforceable through regulations. A few non-regulatory measures also 
result in emission reductions.
    The Federal measures that have been implemented include:
    Tier 2 vehicle standards. In addition to requiring NOX 
controls, the Tier 2

[[Page 59352]]

rule reduced the allowable sulfur content of gasoline to 30 parts per 
million (ppm) starting in January of 2006. Most gasoline sold in North 
Carolina prior to this had a sulfur content of approximately 300 ppm.
    Heavy-duty gasoline and diesel highway vehicle standards. The 
second phase of the standards and testing procedures, which began in 
2007, reduces particulate matter (PM) and NOX from heavy-
duty highway engines and also reduces highway diesel fuel sulfur 
content to 15 ppm. The total program is expected to achieve a 90 and 95 
percent reduction in PM and NOX emissions from heavy-duty 
highway engines, respectively.
    Nonroad spark-ignition engines and recreational engines standards. 
Tier 1 of this standard, implemented in 2004, and Tier 2, implemented 
in 2007, have reduced and will continue to reduce PM emissions.
    Large nonroad diesel engine standards. Promulgated in 2004, this 
rule is being phased in between 2008 and 2014. This rule will reduce 
sulfur content in nonroad diesel fuel and, when fully implemented, will 
reduce NOX and direct PM2.5 emissions by over 90 
percent from these engines.
    CAIR and the Cross-State Air Pollution Rule (CSAPR). As previously 
discussed, the remanded CAIR, originally promulgated to reduce 
transported pollution, was left in place to ``temporarily preserve the 
environmental values covered by CAIR'' until EPA replaced it with a 
rule consistent with the Court's opinion. To remedy CAIR's flaws, EPA 
promulgated the final CSAPR on August 8, 2011. CSAPR addresses the 
interstate transport requirements of the CAA with respect to the 1997 
ozone, 1997 PM2.5 and 2006 PM2.5 NAAQS. As noted 
previously, the requirements of CAIR address emissions through the 2011 
control period and CSAPR requires similar or greater emission 
reductions in the relevant areas in 2012 and beyond.
    The state measures that have been implemented to date and relied 
upon by North Carolina to demonstrate attainment and/or maintenance 
include:
    NCCSA. The primary state-adopted measure is the NCCSA, enacted in 
June 2002. The NCCSA includes a schedule of system-wide caps on 
emissions of NOX and SO2, the first of which 
became effective in 2007, and has no provision for the trading of 
pollution credits from one utility to another. According to North 
Carolina, this rule requires coal-fired power plants in the State to 
reduce annual NOX emissions from 245,000 tons in 1998 to 
56,000 tons by 2009 (a 77 percent reduction) and to reduce annual 
SO2 emissions from 489,000 tons in 1998 to 250,000 tons by 
2009 (a 49 percent reduction), and further SO2 reductions to 
130,000 tons in 2013 (a 73 percent reduction). Although there are no 
power plants located within the Greensboro Area, there are power plants 
located around the Area. On August 21, 2009, North Carolina submitted a 
SIP revision to incorporate specific provisions of the NCCSA into the 
federally approved SIP. On June 22, 2011, EPA proposed approval of the 
NCCSA rules as a revision to the SIP and expects to take final action 
on it in a rulemaking separate from today's proposed action but prior 
to any final action on this redesignation.
    Another significant rulemaking which has led to permanent and 
enforceable reductions is the NOX SIP Call rule. This rule 
was predicted to reduce summertime NOX emissions from power 
plants and other industries by over 60 percent in North Carolina by 
2006. See Table III-5 of NOX SIP Call, 63 FR 57356, 57434 
(October 27, 1998). These emission reductions are state and federally 
enforceable.
    Table 2 presents the annual emissions from North Carolina sources 
as recorded in EPA's acid rain database. Since 2002, when the 
NOX controls started coming on-line to meet the 
NOX SIP Call, and later to meet the NCCSA, the annual 
NOX emissions from subject sources have decreased 
dramatically from 145,706 tons per year (tpy) in 2002 to 61,669 tpy in 
2008. In 2009 the emissions decreased to 44,506 tpy--down more than 69 
percent from 2002. Between 2005 and 2008, the annual SO2 
emissions from the utilities in North Carolina decreased by more than 
half from 500,936 tpy to 227,030 tpy, or nearly 274,000 tons reduced. 
In 2009, the emissions were again halved, down 76 percent from 2002. 
The decline in SO2 emissions has coincided with a decline in 
annual PM2.5 concentrations across North Carolina.

   Table 2--Annual Emissions From All NC Sources in the EPA Clean Air
                            Markets Database
------------------------------------------------------------------------
                                        Annual SO2         Annual NOX
               Year                  emissions (tons)   emissions (tons)
------------------------------------------------------------------------
2002..............................            462,993            145,706
2003..............................            462,041            135,879
2004..............................            472,320            124,079
2005..............................            500,936            114,300
2006..............................            462,143            108,584
2007..............................            370,827             64,770
2008..............................            227,030             61,669
2009..............................            110,948             44,506
------------------------------------------------------------------------

    Other state measures have been implemented that are state 
enforceable but not a part of the federally-enforceable SIP. Such 
measures contribute to reductions in pollutant emissions, although to a 
lesser extent than the ones identified above, and include the 
following:
    Clean Air Bill. This state legislation expanded the inspection and 
maintenance program from 9 counties to 48 counties and was phased in 
for the Greensboro Area from July 1, 2002 through July 1, 2003. This 
program reduces NOX, VOC, and carbon monoxide (CO) 
emissions.
    Open burning. This regulation, originally approved in 1997, 
prohibits the open burning of man-made materials throughout the State. 
Additionally, this regulation prohibits open burning of yard waste in 
areas for which the DAQ forecasts an air quality action day. The open 
burning regulation will reduce PM2.5 emissions, as well as 
NOX, VOC and CO emissions.
    Diesel Retrofits. As part of the North Carolina Mobile Source 
Emission Reduction Grants program, a number of cities, counties and 
school districts have installed diesel oxidation catalysts or diesel 
particulate filters on their diesel equipment. The vehicles that have 
been retrofitted include school buses and county fleet trucks used for 
solid waste pickup. These types of filters are

[[Page 59353]]

designed to reduce PM engine emissions, and when used with ultra low 
sulfur diesel fuel, NOX and VOC emissions are also reduced. 
Even though these emission reductions are voluntary and not 
enforceable, they are still considered permanent reductions.
    Diesel Emissions Reduction Act (DERA). DERA provides new diesel 
emissions reduction grant authority for EPA. This funding is used to 
achieve significant reductions in diesel emissions that improve air 
quality and protect public health. The DERA funds that the DAQ has 
received have been used to retrofit, repower, or replace existing 
diesel engines from on-road and nonroad mobile source vehicles and 
equipment. This program will reduce PM, NOX, and VOC 
emissions. Even though these emission reductions are voluntary, they 
are still considered permanent reductions once a retrofit is completed. 
To date, North Carolina has retrofitted over 6,000 diesel school buses. 
In addition to impacting local emissions in the nonattainment area, 
most of these measures impact emissions statewide.
    EPA agrees with North Carolina's assessment that, although 
PM2.5 and PM2.5 precursor reductions within the 
nonattainment area have contributed to improved air quality, the 
majority of the improvement in ambient PM2.5 concentrations 
has resulted from reductions in SO2 emissions from in-state 
coal-fired power plants due to the NCCSA . The annual emissions from 
these facilities have significantly decreased since 2005, with over 
250,000 tons of SO2 emission reductions in 2008 compared to 
2005. EPA's analysis of emissions data available in from the Clean Air 
Markets Division Web site (http://www.epa.gov/airmarkets/) shows that 
the statewide reductions in SO2 emissions are much greater 
than any decreases in emissions that can be attributed to decreases in 
demand associated with reductions in operating hours or heat inputs at 
North Carolina power plants. While coal-fired electric power generation 
in North Carolina decreased 4.8 percent from 2005 to 2008,\7\ 
SO2 emissions from coal-fired electric power plants declined 
46.0 percent during the same period.
---------------------------------------------------------------------------

    \7\ Electric Power Annual 2009, DOE/EIA-0348(2009), North 
Carolina Electricity Profile, Tables 5 and 7. April 2011.
---------------------------------------------------------------------------

    The NCCSA reductions took place beginning in 2006, the first year 
of the 3-year attainment period submitted by North Carolina for 
redesignation of the Greensboro Area. Since the final compliance date 
for the NCCSA SO2 emissions caps is 2013, future design 
values are expected to continue to decline below the 2006-2008 
attaining design values. The significant statewide reductions in 
utility SO2 emissions will be permanent and enforceable upon 
EPA's approval of the NCCSA rules into the North Carolina SIP. Further, 
EPA does not have any information to suggest that the decrease in 
ambient PM2.5 concentrations in the Greensboro Area is due 
to unusually favorable meteorological conditions. Additionally, the 
emission reductions resulting from the NCCSA discussed above are of a 
greater magnitude than any influence that could be expected from 
meteorology. The 250,000 tons of SO2 emission reductions 
since 2005 represents a greater than 41 percent reduction of statewide 
SO2 emissions. It is reasonable to expect that such 
significant reductions have reduced ambient PM2.5 levels 
throughout the State--including in the Greensboro Area. Indeed, every 
PM2.5 monitor in the State has shown a consistent downward 
trend during the period from 2006-2009.\8\
---------------------------------------------------------------------------

    \8\ http://www.epa.gov/airtrends/values.html.
---------------------------------------------------------------------------

Criteria (4)--The Greensboro Area has a Fully Approved Maintenance Plan 
Pursuant to Section 175A of the CAA

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has a fully approved 
maintenance plan pursuant to section 175A of the CAA (CAA section 
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the 
Greensboro Area to attainment for the 1997 Annual PM2.5 
NAAQS, DAQ submitted a SIP revision to provide for the maintenance of 
the 1997 Annual PM2.5 NAAQS for at least 10 years after the 
effective date of redesignation to attainment. EPA believes this 
maintenance plan meets the requirements for approval under section 175A 
of the CAA.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the State must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain 
contingency measures as EPA deems necessary to assure prompt correction 
of any future 1997 Annual PM2.5 violations. The Calcagni 
Memorandum provides further guidance on the content of a maintenance 
plan, explaining that a maintenance plan should address five 
requirements: The attainment emissions inventory, maintenance 
demonstration, monitoring, verification of continued attainment, and a 
contingency plan. As is discussed more fully below, EPA finds that 
North Carolina's maintenance plan includes all the necessary components 
and is thus proposing to approve it as a revision to the North Carolina 
SIP, provided that EPA takes final action to approve the NCCSA rules.
b. Attainment Emissions Inventory
    The Greensboro Area first attained the 1997 Annual PM2.5 
NAAQS based on monitoring data for the 3-year period 2006-2008. North 
Carolina selected 2008 as the attainment emissions inventory year in 
part because it was already in the process of developing some emissions 
inventory data for this year. The attainment inventory identifies a 
level of emissions in the Area that is sufficient to attain the 1997 
Annual PM2.5 NAAQS. North Carolina began development of the 
attainment inventory by first generating a baseline emissions inventory 
for the Greensboro Area. As noted above, the year 2008 was chosen as 
the base year for developing a comprehensive emissions inventory for 
primary PM2.5, SO2, and NOX, for which 
projected emissions could be developed for 2011, 2014, 2017, and 2021. 
In addition to comparing the final year of the plan, 2021, to the base 
year, 2008, North Carolina compared interim years to the 2008 baseline 
to demonstrate that these years are also expected to show continued 
maintenance of the annual PM2.5 standard.
    The emissions inventories are composed of four major types of 
sources: Point, area, on-road mobile and non-road mobile. The future 
year emissions inventories have been estimated using projected rates of 
growth in population, traffic, economic activity, expected control 
programs, and other parameters. Non-road mobile emissions estimates 
were based on the EPA's NONROAD2008, a non-road mobile model, with the 
exception of railroad locomotive and aircraft engine emissions. The 
railroad locomotive and aircraft engine emissions were estimated by 
taking activity data, such as landings

[[Page 59354]]

and takeoffs, and multiplying by an emission factor. On-road mobile 
source emissions were calculated using EPA's MOVES mobile emission 
factors model. The 2008 SO2, NOX and 
PM2.5 emissions for the Greensboro Area, as well as the 
emissions for other years, were developed consistent with EPA guidance 
and are summarized in Tables 3 through 5 of the following subsection 
discussing the maintenance demonstration.
c. Maintenance Demonstration
    The December 18, 2009, final submittal and December 22, 2010, 
supplement included a maintenance plan for the Greensboro Area. This 
demonstration:
    (i) Shows compliance with and maintenance of the annual 
PM2.5 standard by providing information to support the 
demonstration that current and future emissions of SO2, 
NOX and PM2.5 remain at or below 2008 
SO2, NOX and PM2.5 emissions levels.
    (ii) Uses 2008 as the attainment year and includes future emission 
inventory projections for 2011, 2014, 2017, and 2021 as shown in Tables 
3-6 below.
    (iii) Identifies an ``out year'' at least 10 years (and beyond) 
after the time necessary for EPA to review and approve the maintenance 
plan. Per 40 CFR part 93, PM2.5 and NOX MVEBs 
were established for the last year (2021) of the maintenance plan. 
Additionally, North Carolina chose, through interagency consultation, 
to establish PM2.5 and NOX MVEBs for 2011 (see 
section VII below).
    (iv) Provides, as shown in Table 6 below, the actual and projected 
emissions inventories, in tpy, for the Greensboro Area.

       Table 3--Actual and Projected NOX Emissions From All Source Categories in the Greensboro Area (tpy)
----------------------------------------------------------------------------------------------------------------
                     County                          2008         2011         2014         2017         2021
----------------------------------------------------------------------------------------------------------------
                                                      Point
----------------------------------------------------------------------------------------------------------------
Davidson.......................................          841          865          892          920          961
Guilford.......................................          231          231          232          233          237
                                                ----------------------------------------------------------------
    Total......................................         1072         1096         1124         1153         1198
----------------------------------------------------------------------------------------------------------------
                                                      Area
----------------------------------------------------------------------------------------------------------------
Davidson.......................................          583          551          516          486          438
Guilford.......................................         1243         1210         1177         1146         1099
                                                ----------------------------------------------------------------
    Total......................................         1826         1761         1693         1632         1537
----------------------------------------------------------------------------------------------------------------
                                                 On-road Mobile
----------------------------------------------------------------------------------------------------------------
Davidson.......................................         5267         4095         3227         2536         1974
Guilford.......................................        14499        11157         8882         7143         5796
                                                ----------------------------------------------------------------
    Total......................................        19766        15252        12109         9679         7770
----------------------------------------------------------------------------------------------------------------
                                                 Non-road Mobile
----------------------------------------------------------------------------------------------------------------
Davidson.......................................         1831         1632         1467         1275         1115
Guilford.......................................         3864         3371         2816         2350         1980
                                                ----------------------------------------------------------------
    Total......................................         5695         5003         4283         3625         3095
                                                ----------------------------------------------------------------
        Total for all sectors..................        28359        23112        19209        16089        13600
----------------------------------------------------------------------------------------------------------------

       Table 4--Actual and Projected SO2 Emissions From All Source Categories in the Greensboro Area (tpy)
----------------------------------------------------------------------------------------------------------------
                     County                          2008         2011         2014         2017         2021
----------------------------------------------------------------------------------------------------------------
                                                      Point
----------------------------------------------------------------------------------------------------------------
Davidson.......................................          286          289          292          295          299
Guilford.......................................          449          451          453          455          458
                                                ----------------------------------------------------------------
    Total......................................          735          740          745          750          757
----------------------------------------------------------------------------------------------------------------
                                                      Area
----------------------------------------------------------------------------------------------------------------
Davidson.......................................          983          838          692          548          353
Guilford.......................................         4129         3905         3683         3460         3164
                                                ----------------------------------------------------------------
    Total......................................         5112         4743         4375         4008         3517
----------------------------------------------------------------------------------------------------------------
                                                 On-road Mobile
----------------------------------------------------------------------------------------------------------------
Davidson.......................................           36           19           17           18           18
Guilford.......................................          111           62           55           59           63
                                                ----------------------------------------------------------------

[[Page 59355]]

 
    Total......................................          147           81           72           77           81
----------------------------------------------------------------------------------------------------------------
                                                 Non-road Mobile
----------------------------------------------------------------------------------------------------------------
Davidson.......................................           25           17            2            2            2
Guilford.......................................           96           51           42           42           43
                                                ----------------------------------------------------------------
    Total......................................          121           68           44           44           45
                                                ----------------------------------------------------------------
        Total for all sectors..................         6115         5632         5236         4879         4400
----------------------------------------------------------------------------------------------------------------

  Table 5--Actual and Projected Direct PM2.5 Emissions From All Source Categories in the Greensboro Area (tpy)
----------------------------------------------------------------------------------------------------------------
                     County                          2008         2011         2014         2017         2021
----------------------------------------------------------------------------------------------------------------
                                                      Point
----------------------------------------------------------------------------------------------------------------
Davidson.......................................          179          178          177          176          175
Guilford.......................................           62           62           62           63           63
                                                ----------------------------------------------------------------
    Total......................................          241          240          239          239          238
----------------------------------------------------------------------------------------------------------------
                                                      Area
----------------------------------------------------------------------------------------------------------------
Davidson.......................................         1071         1028          979          937          857
Guilford.......................................          697          663          623          590          524
                                                ----------------------------------------------------------------
    Total......................................         1768         1691         1602         1527         1381
----------------------------------------------------------------------------------------------------------------
                                                 On-road Mobile
----------------------------------------------------------------------------------------------------------------
Davidson.......................................          169          121           97           77           60
Guilford.......................................          465          330          272          221          183
                                                ----------------------------------------------------------------
    Total......................................          634          451          369          298          243
----------------------------------------------------------------------------------------------------------------
                                                 Non-road Mobile
----------------------------------------------------------------------------------------------------------------
Davidson.......................................           71           67           58           46           40
Guilford.......................................          264          252          220          186          157
                                                ----------------------------------------------------------------
    Total......................................          335          319          278          232          197
                                                ----------------------------------------------------------------
        Total for all sectors..................         2978         2701         2488         2296         2059
----------------------------------------------------------------------------------------------------------------

             Table 6--Emissions and Maintenance Summary for the Greensboro PM2.5 Nonattainment Area
----------------------------------------------------------------------------------------------------------------
                              Year                                   NOX (tpy)       SO2 (tpy)      PM2.5 (tpy)
----------------------------------------------------------------------------------------------------------------
2008............................................................          28,359           6,115           2,978
2011............................................................          23,112           5,632           2,701
2014............................................................          19,209           5,236           2,488
2017............................................................          16,089           4,879           2,296
2021............................................................          13,600           4,400           2,059
Difference from 2008 to 2021....................................         -14,759          -1,715            -919
----------------------------------------------------------------------------------------------------------------

    Tables 3 through 6 summarize the 2008 and future projected 
emissions of direct PM2.5 and precursors from the counties 
in the Greensboro Area. In situations where local emissions are the 
primary contributor to nonattainment, the ambient air quality standard 
should not be violated in the future as long as emissions from within 
the nonattainment area remain at or below the baseline with which 
attainment was achieved. In the Greensboro Area, however, the 
preponderance of the nonattainment problem is due to SO2 
emissions from power plants outside the nonattainment area, but within 
North Carolina. As shown by the speciation data in the State's 
submittal,\9\ sulfates are one of the largest contributors to ambient 
PM2.5 in the Greensboro Area and in the State as a whole, 
contributing about 30 percent of the total PM2.5 mass. 
Sulfates are formed through various SO2 reactions in the 
atmosphere. According

[[Page 59356]]

to EPA's National Emissions Inventory for 2005 and Clean Air Markets 
Division acid rain database, over 90 percent of SO2 
emissions in North Carolina were from stationary point sources, greater 
than 80 percent of which were from power plants reporting to the acid 
rain program.\10\ Organic carbon, which also contributes about 30 
percent of the total PM2.5 mass in the Greensboro Area, is 
predominately attributed to biogenic emission sources. The next largest 
contributor in the Greensboro Area is an ``other'' group that is 
attributed to water, sea salts, and other trace materials and which 
accounts for about 17 percent of the mass.
---------------------------------------------------------------------------

    \9\ SIP submittal figures 2-2 and 4-1.
    \10\ EPA's National Emissions Inventory data is available on the 
Web site: http://www.epa.gov/ttn/chief/eiinformation.html. The acid 
rain database can be accessed on EPA's Clean Air Markets Division 
Web site: http://www.epa.gov/airmarkets/.
---------------------------------------------------------------------------

    Because the most significant sources contributing to ambient 
PM2.5 levels in the Greensboro Area are utilities located 
outside the nonattainment area, but within North Carolina, reductions 
in emissions from these point sources provide the greatest potential 
for reductions in ambient PM2.5 concentrations. For this 
reason, the State presented information in its submittal (as discussed 
above in the section on permanent and enforceable reductions), showing 
that the NCCSA requires these sources to reduce their emissions by 
substantial amounts that are more than sufficient for the Greensboro 
Area to demonstrate attainment and maintenance of the PM2.5 
NAAQS at issue here. EPA has proposed rulemaking action to approve 
specific provisions of the NCCSA into the North Carolina SIP, and final 
approval would assure that power plants within North Carolina will 
remain sufficiently regulated to provide for continued maintenance as 
required by CAA section 175A.
    With regard to emissions generated outside North Carolina which 
have the potential to impact the Greensboro Area, EPA notes several 
recent emissions reductions that have occurred or will occur in nearby 
states. First, On April 14, 2011, EPA announced a settlement with the 
Tennessee Valley Authority (TVA) to resolve alleged Clean Air Act 
violations at 11 of its coal-fired plants in Alabama, Kentucky, and 
Tennessee.\11\ The settlement will require TVA to invest a TVA 
estimated $3 billion to $5 billion on new and upgraded state-of-the-art 
pollution controls. When fully implemented, the pollution controls and 
other required actions will address 92 percent of TVA's coal-fired 
power plant capacity, reducing emissions of NOX by 69 
percent and SO2 by 67 percent from TVA's 2008 emission 
levels. The settlement will also significantly reduce particulate 
matter and carbon dioxide (CO2) emissions. The consent 
decree also requires that operation of 18 coal-fired units at the 
Johnsonville, John Sevier, and Widows Creek plants be phased out by 
2017.
---------------------------------------------------------------------------

    \11\ Alabama et al. v. TVA, No. 3:11-CV-00170, (E.D. TN 2011) 
(Consent Decree), available at http://www.epa.gov/compliance/resources/decrees/civil/caa/tvacoal-fired-cd.pdf.
---------------------------------------------------------------------------

    Second, the State of Georgia has recently passed a multi-pollutant 
rule to reduce NOX and SO2 emissions from many of 
its coal-fired EGUs.\12\ Third, the consent decrees for Dominion 
Power\13\ and American Electric Power (AEP)\14\ in the Commonwealth of 
Virginia require further controls of NOX and SO2 
emissions at those power plants. On April 21, 2003, the Department of 
Justice and EPA announced a settlement against Virginia Electric and 
Power Company (VEPCO a subsidiary of Dominion Resources, Inc.). This 
settlement requires VEPCO, one of the nation's largest coal-fired 
electric utilities, to install new pollution control equipment and to 
upgrade existing controls on several units in its system, thus 
resulting in substantial air pollution reductions. The settlement 
covers eight VEPCO plants, six in Virginia and two in West Virginia, 
comprising twenty electricity-generating units. These eight plants 
emitted over 350,000 tons of SO2 and NOX in 2000. 
The settlement will reduce these emissions to approximately 86,500 tpy 
SO2 and 26,000 tpy NOX. On October 9, 2007, the 
United States, along with eight individual states and thirteen citizen 
groups, announced a settlement agreement with AEP that that mandates 
emissions reductions at sixteen of AEP's coal-fired power plants (46 
units) located in Indiana, Kentucky, Ohio, Virginia, and West Virginia. 
NOX emissions from subject plants will be reduced by greater 
than 68 percent by 2016 as compared to 2006 levels. Likewise, by 2018 
SO2 emissions will decrease by greater than 78 percent as 
compared to 2006 levels.
---------------------------------------------------------------------------

    \12\ Georgia Rule 391-3-1-.02(2)(uuu), ``SO2 
Emissions from Electric Utility Steam Generating Units,'' was first 
adopted by the Georgia Board of Natural Resources January 28, 2009, 
with an amendment adopted June 24, 2009.
    \13\ U.S. et al v. Va. Elec. & Power Co., No. 1:03-cv-00517-LMB 
(E.D. Va. 2003) (Consent Decree), available at http://www.epa.gov/compliance/resources/decrees/civil/caa/vepcocd.pdf.
    \14\ U.S. et al v. American Elec. Power Serv. Corp., No C2-99-
1250 (E.D. Ohio 2007) (Consent Decree), available at http://www.epa.gov/compliance/resources/decrees/civil/caa/americanelectricpower-cd.pdf.
---------------------------------------------------------------------------

    Finally, EPA has recently finalized the CSAPR to regulate 
interstate transport of power plant emissions. EPA's modeling for the 
final rule indicates that the Greensboro Area would maintain the NAAQS 
into the future in the absence of the rule. The 2012 base case run, 
which simulates air quality without CAIR and without a transport rule, 
assumes a 4 million ton increase in SO2 regionally. A 2014 
base case run also assumes no CAIR, but does include additional 
enforceable controls that are required to occur between 2012 and 2014. 
Based on these modeling assessments, PM2.5 concentrations in 
the Greensboro Area are still projected to decrease to 13.5 [micro]g/
m\3\ in 2012 and 13.1 [micro]g/m\3\ in 2014. Though not necessary for 
demonstrating attainment and maintenance in the Greensboro Area, the 
final CSAPR will result in additional reductions of NOX and 
SO2 emissions that cross state lines. EPA estimates that by 
2014, power plants in the covered states will reduce annual emissions 
of SO2 by about 2.2 million tons beyond what would have been 
achieved at that time under CAIR. By 2014, we estimate that 
NOX emissions in covered states will be about 500,000 tons 
lower than emissions would have been under CAIR.
    Based on the analysis described above, EPA has concluded that 
impacts on air quality from emissions transported across State lines 
have been adequately addressed for the Greensboro Area and that the 
Greensboro Area will maintain the annual PM2.5 standard 
through 2021. Furthermore, the final CSAPR mandates even greater 
reductions than have already occurred and, more importantly, any 
reductions in PM2.5 in the Greensboro Area from the final 
CSAPR will be in excess of those needed to maintain the Annual 
PM2.5 NAAQS.
    A maintenance plan requires the State to show that projected future 
year emissions will not exceed the level of emissions which led the 
Area to attain the NAAQS. North Carolina has projected emissions as 
described previously and determined that emissions in the Greensboro 
Area will remain below those in the attainment year inventory until 
2021.
    As discussed further in section VII of this proposed rulemaking, a 
safety margin is the difference between the attainment level of 
emissions (from all sources) and the projected level of emissions (from 
all sources) in the maintenance plan. The attainment level of emissions 
is the level of emissions during one of the years in which the

[[Page 59357]]

Area met the NAAQS. North Carolina has decided to allocate a portion of 
the available safety margin to the Area's PM2.5 and 
NOX MVEBs for 2011 and 2021 for the Greensboro Area and has 
calculated the safety margin in its submittal. Specifically, a total of 
1,383,638 kg/year (1,525 tpy) \15\ and 1,409,764 kg/year (1,554 tpy) of 
the available NOX safety margins are allocated to the 2011 
and 2021 MVEB, respectively. For PM2.5, a total of 166,014 
kg/year (183 tpy) and 354,708 kg/year (391 tpy) of the 2011 and 2010 
safety margins were added to the Greensboro MVEBs. The remaining safety 
margins for NOX are 3,722 tpy and 13,205 tpy for 2011 and 
2021, respectively. The remaining safety margins for PM2.5 
are 94 tpy and 528 tpy for 2011 and 2021, respectively. This allocation 
and the resulting available safety margin for the Greensboro Area are 
discussed further in section VII of this proposed rulemaking.
---------------------------------------------------------------------------

    \15\ Conversion factor from grams to tons = 907,185 grams per 
ton.
---------------------------------------------------------------------------

d. Monitoring Network
    There are currently three monitors measuring PM2.5 in 
the Greensboro Area. The State of North Carolina, through DAQ, has 
committed to continue operation of the monitors in the Greensboro Area 
in compliance with 40 CFR part 58 and have thus addressed the 
requirement for monitoring. EPA approved North Carolina's 2010 
monitoring plan on September 22, 2010.
e. Verification of Continued Attainment
    The State of North Carolina, through DAQ, has the legal authority 
to enforce and implement the requirements of the Greensboro Area 1997 
Annual PM2.5 Maintenance plan. This includes the authority 
to adopt, implement and enforce any subsequent emissions control 
contingency measures determined to be necessary to correct future 
PM2.5 attainment problems.
    DAQ will track the progress of the maintenance plan by performing 
future reviews of triennial emission inventories for the Greensboro 
Area using the latest emissions factors, models and methodologies. For 
these periodic inventories, DAQ will review the assumptions made for 
the purpose of the maintenance demonstration concerning projected 
growth of activity levels. If any of these assumptions appear to have 
changed substantially, the DAQ will re-project emissions for the 
Greensboro Area.
f. Contingency Measures in the Maintenance Plan
    The contingency measures are designed to promptly correct a 
violation of the NAAQS that occurs after redesignation. Section 175A of 
the CAA requires that a maintenance plan include such contingency 
measures as EPA deems necessary to assure that the State will promptly 
correct a violation of the NAAQS that occurs after redesignation. The 
maintenance plan should identify the contingency measures to be 
adopted, a schedule and procedure for adoption and implementation, and 
a time limit for action by the State. A State should also identify 
specific indicators to be used to determine when the contingency 
measures need to be implemented. The maintenance plan must include a 
requirement that a State will implement all measures with respect to 
control of the pollutant that were contained in the SIP before 
redesignation of the area to attainment in accordance with section 
175A(d).
    In the December 18, 2009, submittal, North Carolina affirms that 
all programs instituted by the State and EPA for PM control will remain 
enforceable and that sources are prohibited from reducing emissions 
controls following the redesignation of the Area. The contingency plan 
included in the December 18, 2009, submittal includes a 3-step 
triggering mechanism to determine when contingency measures are needed 
and a process of developing and implementing appropriate control 
measures. The secondary and tertiary triggers are pre-violation 
triggers and thus activation does not necessarily mean a violation of 
the actual annual PM2.5 NAAQS has occurred or will occur. 
The pre-violation triggers allow the State to begin evaluating the 
causes of increased ambient PM2.5 concentrations and take 
corrective action to prevent a future violation. In the contingency 
plan, North Carolina has committed to taking action on the activation 
of a primary or secondary trigger. These triggers and the actions 
resulting from them are discussed more fully below.
    The primary trigger will occur when the certified 3-year average of 
the average annual ambient concentration is greater than 15.0 [micro]g/
m\3\ at any monitor in the maintenance area. The resulting trigger date 
will be 60 days after the date that the State observes an annual 
average concentration that, when averaged with the previous two annual 
average PM2.5 concentrations, would result in a 3-year 
design value greater than 15.0 [micro]g/m\3\. North Carolina has 
identified a secondary warning trigger to occur when the State finds 
that the rolling twelve-quarter average monitored PM2.5 
levels exceed the PM2.5 NAAQS in the Greensboro Area (non-
calendar year basis). The trigger date will be 60 days from the date 
that the State observes that the rolling 12-quarter average is greater 
than 15.0 [micro]g/m\3\. A tertiary (third type of) trigger will be 
activated when a monitor in the Greensboro Area has an annual average 
greater than 15.0 [micro]g/m\3\. In addition to the triggers indicated 
above, North Carolina will track regional emissions submitted annually 
for large sources or every three years for other sources through the 
Consolidated Emissions Reporting Rule and Air Emissions Reporting Rule 
and compare them to the projected inventories and attainment year 
inventory. North Carolina commits to review theses emissions 
inventories and evaluate assumptions made to project emissions in the 
maintenance plan to determine if unexpected growth in NOX, 
SO2 or PM2.5 in the Area will jeopardize 
maintenance of the 1997 Annual PM2.5 NAAQS.
    Once a primary or secondary trigger is activated, DAQ will commence 
analysis, including trajectory analysis, and emissions inventory 
assessment to determine emission control measures that will be required 
to attain or maintain the 1997 Annual PM2.5 NAAQS. 
PM2.5 speciation data from the speciation trends network 
monitors will also be reviewed to help determine which control measures 
would be most effective. If it is determined that the violation or 
exceedance of the PM2.5 NAAQS is due to sources outside of 
North Carolina, then DAQ will consult with EPA on its findings and 
determinations on what contingency measures will be implemented to 
reduce emissions. If EPA and DAQ agree that the violation or exceedance 
was due to sources outside of North Carolina, DAQ will consult with 
regulatory authorities from contributing up-wind sources to determine 
additional actions to be implemented.\16\
---------------------------------------------------------------------------

    \16\ In a letter dated May 20, 2011, North Carolina provided 
additional clarification on the timing and content of their 
contingency plan. In the letter, North Carolina clarified that it is 
there intent to take corrective measures to address a violation of 
the 1997 Annual PM2.5 NAAQS within 18-24 months of the 
violation. This letter is available in the docket EPA-R04-OAR-2009-
1011 on the http://www.regulations.gov Web site.
---------------------------------------------------------------------------

    If DAQ determines that a violation or exceedance occurred due to 
sources within North Carolina, then by November 1 of the year following 
the year which caused the primary or secondary trigger activation, the 
State

[[Page 59358]]

will complete sufficient analysis to begin adoption of necessary rules 
for ensuring attainment and maintenance of the annual PM2.5 
NAAQS. If the rules are still needed, they would become State effective 
within 7 months after the November 1 analysis (by the following July 
1), unless legislative review is required. Each adopted rule will 
include a schedule that will require compliance with the rule no later 
than 2 years after adoption of the rule.
    At least one of the following contingency measures will be adopted 
and implemented upon a primary or secondary triggering event:
     Continued implementation of previously adopted controls 
(NCCSA and diesel retrofits) which have not yet been realized but are 
sufficient to address the violation (and in excess of emissions 
reductions considered for maintenance);
     Reasonably Available Control Technology on stationary 
sources in the Greensboro Area;
     Diesel inspection and maintenance program; \17\
---------------------------------------------------------------------------

    \17\ At this time, there is not an approved method for 
determining emission reductions from a Diesel Inspection and 
Maintenance program. Therefore, there is no technical basis to award 
emission credits for a heavy duty diesel inspection and maintenance 
program in the SIP. However, we do not want to preclude future 
technical changes that may make awarding such emission credits 
possible. If it is necessary to implement contingency measures for 
this area, North Carolina, in coordination with EPA, will evaluate 
the feasibility of this program as a contingency measure at that 
time. If a technical basis for emission credits is not available, 
other contingency measures will need to be implemented.
---------------------------------------------------------------------------

     Implementation of diesel retrofit programs, including 
incentives for performing retrofits;
     Additional controls in upwind areas within North Carolina.
    When a tertiary trigger is activated, DAQ will commence analyses 
including meteorological evaluation, trajectory analyses, and emissions 
inventory assessment to understand why an annual exceedance of the 
standard has occurred. DAQ will work with the local air awareness 
program and develop an outreach plan to identify any additional 
voluntary measures that can be implemented and implement the plan 
during the following summer.
    As designed, a tertiary trigger will always occur before a primary 
trigger because it is based on an annual average, whereas the primary 
trigger is based on an average of three consecutive annual averages. 
This means DAQ will commence analyzing the cause of higher ambient 
PM2.5 levels in the Area well before an actual NAAQS 
violation occurs. Further, a secondary trigger is likely to occur 
before a primary trigger because it is determined at the end of each 
calendar quarter based on a rolling 12-quarter average. This means that 
if the Area were to experience a NAAQS violation, DAQ will have likely 
already commenced the process for adoption of control measures as 
described above. EPA is now making the preliminary determination that 
the contingency measures outlined above in North Carolina's contingency 
plan are adequate and ensure that the State will promptly correct any 
future violation of the 1997 Annual PM2.5 NAAQS in the 
Greensboro Area.
    EPA has concluded that the maintenance plan adequately addresses 
the five basic components of a maintenance plan: Attainment inventory, 
maintenance demonstration, monitoring network, verification of 
continued attainment, and a contingency plan. Provided that EPA takes 
final rulemaking to approve the NCCSA, the maintenance plan SIP 
revision submitted by the State of North Carolina for the Greensboro 
Area meets the requirements of section 175A of the CAA and is 
approvable.

VII. What is EPA's analysis of North Carolina's proposed 
PM2.5 and NOX MVEBs for the Greensboro area?

    Under section 176(c) of the CAA, new transportation plans, 
programs, and projects, such as the construction of new highways, must 
``conform'' to (i.e., be consistent with) the part of the state's air 
quality plan that addresses pollution from cars and trucks. Conformity 
to the SIP means that transportation activities will not cause new air 
quality violations, worsen existing violations, or delay timely 
attainment of the NAAQS or any interim milestones. If a transportation 
plan does not conform, most new projects that would expand the capacity 
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth 
EPA policy, criteria, and procedures for demonstrating and assuring 
conformity of such transportation activities to a SIP. The regional 
emissions analysis is one, but not the only, requirement for 
implementing transportation conformity. Transportation conformity is a 
requirement for nonattainment and maintenance areas. Maintenance areas 
are areas that were previously nonattainment for a particular NAAQS but 
have since been redesignated to attainment with an approved maintenance 
plan for that NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs and maintenance plans for nonattainment areas. 
These control strategy SIPs (including RFP and attainment 
demonstration) and maintenance plans create MVEBs for criteria 
pollutants and/or their precursors to address pollution from cars and 
trucks. Per 40 CFR part 93, a MVEB must be established for the last 
year of the maintenance plan. A state may adopt MVEBs for other years 
as well. The MVEB is the portion of the total allowable emissions in 
the maintenance demonstration that is allocated to highway and transit 
vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a 
ceiling on emissions from an area's planned transportation system. The 
MVEB concept is further explained in the preamble to the November 24, 
1993, Transportation Conformity Rule (58 FR 62188). The preamble also 
describes how to establish the MVEB in the SIP and how to revise the 
MVEB.
    After interagency consultation with the transportation partners for 
the Greensboro Area, North Carolina has elected to develop separate 
MVEBs for PM2.5 and NOX for each of the two 
counties in the Greensboro Area. North Carolina developed these MVEBs, 
as required, for the last year of its maintenance plan--2021. 
Additionally, the State of North Carolina has elected to develop MVEBs 
for the year 2011. The MVEBs reflect the total on-road emissions for 
2011 and 2021, plus a safety margin that is based on an allocation from 
the available PM2.5 and NOX safety margin. Under 
40 CFR 93.101, the safety margin is the difference between the 
emissions level needed for attainment (from all sources) and the 
projected level of emissions (from all sources) in the maintenance 
plan. The safety margin can be allocated to the transportation sector, 
however, the total emissions must remain below the attainment level. 
These MVEBs and allocation from the safety margin were developed in 
consultation with the transportation partners and were calculated to 
account for uncertainties in population growth, changes in modeled 
vehicle miles traveled and new emission factor models. The 
PM2.5 and NOX MVEBs for both Davison and Guilford 
Counties in the Greensboro Area are defined in Tables 7 and 8 below.

                Table 7--Davidson County MVEBs (kg/year)
------------------------------------------------------------------------
                                                    2011         2021
------------------------------------------------------------------------
                         NOX Emissions (kg/year)
------------------------------------------------------------------------
On-road Mobile Emissions......................    3,714,921    1,790,782

[[Page 59359]]

 
Safety Margin Allocated to MVEB...............      371,492      358,156
NX Conformity MVEB............................    4,086,413    2,148,938
------------------------------------------------------------------------
                        PM2.5 Emissions (kg/year)
------------------------------------------------------------------------
On-road Mobile Emissions......................      109,769       54,431
Safety Margin Allocated to MVEB...............       43,544       98,882
PM2.5 Conformity MVEB.........................      153,313      153,313
------------------------------------------------------------------------

                Table 8--Guilford County MVEBs (kg/year)
------------------------------------------------------------------------
                                                    2011         2021
------------------------------------------------------------------------
                         NOX Emissions (kg/year)
------------------------------------------------------------------------
On-road Mobile Emissions......................   10,121,459    5,258,042
Safety Margin Allocated to MVEB...............    1,012,146    1,051,608
NOX Conformity MVEB...........................   11,133,605    6,309,650
------------------------------------------------------------------------
                        PM2.5 Emissions (kg/year)
------------------------------------------------------------------------
On-road Mobile Emissions......................      299,371      166,015
Safety Margin Allocated to MVEB...............      122,470      255,826
PM2.5 Conformity MVEB.........................      421,841      421,841
------------------------------------------------------------------------

    As mentioned above, the Greensboro Area has chosen to allocate a 
portion of the available safety margin to the PM2.5 and 
NOX MVEBs for the years 2011 and 2021. A total of 1,383,638 
kg/year (1,525 tpy) and 1,409,764 kg/year (1,554 tpy) of the available 
NOX safety margins are allocated to the 2011 and 2021 MVEB, 
respectively. For PM2.5, a total of 166,014 kg/year (183 
tpy) and 354,708 kg/year (391 tpy) of the 2011 and 2021 safety margins 
are added to the Greensboro MVEBs. Thus, the remaining safety margins 
in 2011 and 2021 for PM2.5 are 94 tpy and 528 tpy, 
respectively. For NOX, the remaining 2011 and 2021 safety 
margins are 3,722 tpy and 13,205 tpy, respectively.
    Through this rulemaking, EPA is proposing to approve the MVEBs for 
PM2.5 and NOX for 2011 and 2021, including the 
allocation from the PM2.5 and NOX safety margins, 
for the Greensboro Area because EPA has made the preliminary 
determination that the Area maintains the 1997 Annual PM2.5 
NAAQS with the emissions at the levels of the budgets. Once the MVEBs 
for Davidson and Guilford Counties in the Greensboro Area are approved 
or found adequate (whichever is completed first), they must be used for 
future conformity determinations and the metropolitan planning 
organizations must use the MOVES model in future PM2.5 
conformity determinations for their long-range transportation plans and 
transportation improvement programs. After thorough review, EPA has 
determined that the budgets meet the adequacy criteria, as outlined in 
40 CFR 93.118(e)(4), and is proposing to approve the budgets because 
they are consistent with maintenance of the Annual PM2.5 
NAAQS through 2021.

VIII. What is the status of EPA's adequacy determination for the 
proposed PM2.5 and NOX MVEBs for 2011 and 2021 
for the Greensboro area?

    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA may affirmatively find the MVEB contained 
therein adequate for use in determining transportation conformity. Once 
EPA affirmatively finds the submitted MVEB is adequate for 
transportation conformity purposes, that MVEB must be used by state and 
Federal agencies in determining whether proposed transportation 
projects conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: Public notification of a SIP submission, 
a public comment period, and EPA's adequacy determination. This process 
for determining the adequacy of submitted MVEBs for transportation 
conformity purposes was initially outlined in EPA's May 14, 1999, 
guidance, ``Conformity Guidance on Implementation of March 2, 1999, 
Conformity Court Decision.'' EPA adopted regulations to codify the 
adequacy process in the Transportation Conformity Rule Amendments for 
the ``New 8-Hour Ozone and PM2.5 National Ambient Air 
Quality Standards and Miscellaneous Revisions for Existing Areas; 
Transportation Conformity Rule Amendments--Response to Court Decision 
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional 
information on the adequacy process for transportation conformity 
purposes is available in the proposed rule entitled, ``Transportation 
Conformity Rule Amendments: Response to Court Decision and Additional 
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, North Carolina's maintenance plan submission 
includes PM2.5 and NOX MVEBs for both counties 
that comprise the Greensboro Area for the years 2011 and 2021. EPA 
reviewed both the PM2.5 and NOX MVEBs through the 
adequacy process. The North Carolina SIP submission, including the 
Greensboro Area PM2.5 and NOX MVEBs, was open for 
public comment on EPA's adequacy Web site on November 23, 2010, found 
at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The 
EPA public comment period on adequacy of the PM2.5 and 
NOX MVEBs for 2011 and 2021 for Greensboro Area closed on 
December 23, 2010. EPA did not receive any comments on the adequacy of 
the MVEBs, nor did EPA receive any requests for the SIP submittal.
    In a letter sent on February 2, 2011, EPA notified North Carolina 
DAQ that the MOVES based sub-area 2011 and 2021 MVEBs for the 
Greensboro Area were determined to be adequate for transportation 
conformity purposes. On May 2, 2011, EPA published its adequacy notice 
in the Federal Register (76 FR 24472). When EPA finds the 2011 and 2021 
MVEBs adequate or approves them, the new MVEBs for PM2.5 and 
NOX must be used for future transportation conformity 
determinations. For required regional emissions analysis years prior to 
2011, the applicable budgets are the 2009 MVEBs from the attainment 
demonstration, which have already been found adequate through another 
action. (75 FR 9204 and 75 FR 26751). For required regional emissions 
analysis years that involve 2011-2020, the applicable budgets will be 
the new 2011 MVEBs. For required regional emissions analysis years that 
involve 2021 or beyond, the applicable budgets will be the new 2021 
MVEBs. The 2011 and 2021 MVEBs are defined in section VII of this 
proposed rulemaking.

IX. What is EPA's analysis of the proposed 2008 base year emissions 
inventory for the Greensboro area?

    As discussed in section VI above, section 172(c)(3) of the CAA 
requires areas to submit a comprehensive, accurate and current 
emissions inventory. As part of North Carolina's request to redesignate 
the Greensboro Area, the State submitted a 2008 base year emissions 
inventory to meet this requirement. Emissions contained in the 
submittal cover the general source categories of point sources, area 
sources, on-road mobile sources, and non-road mobile sources. All 
emission summaries

[[Page 59360]]

were accompanied by source-specific descriptions of emission 
calculation procedures and sources of input data. On December 22, 2010, 
DAQ provided EPA with a supplemental SIP revision to update the on-road 
mobile emissions by replacing the on-road mobile emissions that were 
prepared with MOBILE6.2 with on-road emissions that were prepared using 
the new MOVES emissions model. North Carolina's submittal documents 
2008 emissions in the Greensboro Area in units of tpy. Table 9 below 
provides a summary of the 2008 emissions of direct PM2.5, 
NOX, and SO2 for the Greensboro Area. For 
emissions in other years, refer to Tables 3 through 5.

              Table 9--Greensboro Area 2008 Emissions for PM2.5, NOX, and SO2 (tpy [percent total])
----------------------------------------------------------------------------------------------------------------
                             Source                                    PM2.5            NOX             SO2
----------------------------------------------------------------------------------------------------------------
Point Source Total..............................................       241 [8.1]     1,072 [3.8]      735 [12.0]
Area Source Total...............................................    1,768 [59.4]     1,826 [6.4]    5,112 [83.6]
On-Road Mobile Source Total.....................................      634 [21.3]   19,766 [69.7]       147 [2.4]
Non-Road Mobile Source Total....................................      335 [11.2]    5,695 [20.1]       121 [2.0]
                                                                 -----------------------------------------------
    Total for all Sources.......................................           2,978          28,359           6,115
----------------------------------------------------------------------------------------------------------------

    In today's notice, EPA is proposing to approve this 2008 base year 
inventory as meeting the section 172(c)(3) emissions inventory 
requirement.

X. Proposed Actions on the Redesignation Request and Maintenance Plan 
SIP Revisions Including Approval of the PM2.5 and 
NOX MVEBs for 2011 and 2021 for the Greensboro Area

    EPA previously determined that the Greensboro Area was attaining 
the 1997 PM2.5 NAAQS on January 4, 2010, at 75 FR 54. EPA is 
now taking four separate but related actions regarding the Area's 
redesignation and maintenance of the 1997 Annual PM2.5 
NAAQS. Three of the actions are discussed in this section and the 
fourth is discussed in the next section.
    First, EPA is proposing to determine, based on complete, quality-
assured and certified monitoring data for the 2007-2009 monitoring 
period, and after review of preliminary data in AQS for 2008-2010, that 
the Greensboro Area continues to attain the 1997 Annual 
PM2.5 NAAQS. Provided that EPA takes final action to approve 
the NCSSA and, under section 172(c)(3), the 2008 base emissions 
inventory, EPA is proposing to determine that the Greensboro Area has 
met the criteria under CAA section 107(d)(3)(E) for redesignation from 
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS. 
On this basis, EPA is proposing to approve North Carolina's 
redesignation request for the Greensboro Area.
    Second, EPA is proposing to approve North Carolina's 2008 emissions 
inventory for the Greensboro Area (under section CAA 172(c)(3)). North 
Carolina selected 2008 as the attainment emissions inventory year for 
the Greensboro Area. This attainment inventory identifies a level of 
emissions in the Area that is sufficient to attain the 1997 Annual 
PM2.5 NAAQS and also is a current, comprehensive inventory 
that meets the requirements of section 172(c)(3).
    Third, subject to final approval of the NCCSA rules, EPA is 
proposing to approve the maintenance plan for the Greensboro Area, 
including the PM2.5 and NOX MVEBs for 2011 and 
2021 submitted by North Carolina for the Greensboro Area, as meeting 
the requirements of section 175A of the CAA. The maintenance plan 
demonstrates that the Area will continue to maintain the 1997 Annual 
PM2.5 NAAQS, and the budgets meet all of the adequacy 
criteria contained in 40 CFR 93.118(e)(4) and (5). Further, as part of 
today's action, EPA is describing the status of its adequacy 
determination for the PM2.5 and NOX MVEBs for 
2011 and 2021 in accordance with 40 CFR 93.118(f)(1). On May 2, 2011, 
EPA published its adequacy notice in the Federal Register (76 FR 
24472). Within 24 months from the effective date of EPA's adequacy 
determination, the transportation partners will need to demonstrate 
conformity to the new PM2.5 and NOX MVEBs 
pursuant to 40 CFR 93.104(e).
    If finalized, approval of the redesignation request would change 
the official designations of Davidson and Guilford Counties in the 
Greensboro Area for the 1997 Annual PM2.5 NAAQS, found at 40 
CFR part 81, from nonattainment to attainment. EPA is also proposing to 
approve into the North Carolina SIP the maintenance plan for the 
Greensboro Area, the emissions inventory submitted with the maintenance 
plan, and the 2011 and 2021 MVEBs. EPA is proposing to take these 
actions if and when EPA finalizes, after notice and comment rulemaking, 
its approval of the NCSSA rules as a revision to the North Carolina 
SIP.

XI. Proposed Action on the Determination That the Greensboro Area Has 
Attained the 1997 PM2.5 NAAQS by Its Applicable Attainment 
Date

    The fourth action EPA is proposing today is to determine, based on 
quality-assured and certified monitoring data for the 2007-2009 
monitoring period, that the Greensboro Area attained the 1997 Annual 
PM2.5 NAAQS by its applicable attainment date of April 5, 
2010. This determination is being proposed in accordance with section 
179(c)(1) of the CAA and EPA regulations.

XII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, 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, these proposed actions merely approve state law as meeting 
Federal requirements and do not impose additional requirements beyond 
those imposed by state law. For this reason, these proposed actions:
     Are not ``significant regulatory action[s]'' subject to 
review by the Office of Management and Budget under

[[Page 59361]]

Executive Order 12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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 proposed 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

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements, and Particulate 
matter.

40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: September 2, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-24644 Filed 9-23-11; 8:45 am]
BILLING CODE 6560-50-P
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