[Federal Register Volume 70, Number 101 (Thursday, May 26, 2005)]
[Proposed Rules]
[Pages 30389-30396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10473]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2004-NC-0005-200513; FRL-7917-8]


Approval and Promulgation of Air Quality Implementation Plans; 
North Carolina; Attainment Demonstration of the Mountain, Unifour, 
Triad and Fayetteville Early Action Compact Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is proposing to approve revisions to the State 
Implementation Plan (SIP) submitted by the State of North Carolina 
through the Department of Environment and Natural Resources (DENR) on 
December 21, 2004. These revisions are submitted pursuant to the Early 
Action Compact (EAC) protocol \1\ and will result in emission 
reductions needed to attain and maintain the 8-hour ozone National 
Ambient Air Quality Standard (NAAQS) in the Mountain, Unifour, Triad 
and Fayetteville EAC areas (the North Carolina EAC Areas). EPA is 
proposing approval of the photochemical modeling used by North Carolina 
to support the attainment demonstration of the 8-hour ozone standard 
within these areas. The proposed revisions further incorporate the 
local control measures of the Mountain, Unifour, Triad and Fayetteville 
EAC area agreements into the SIP.
---------------------------------------------------------------------------

    \1\ The EAC Protocol can be found at http://www.epa.gov/air/eac/ 
and in Regional Materials in Edocket (RME) ID No. R04-OAR-2004-NC-
0005 (see the ADDRESSES section of this notice for further 
information on RME).

---------------------------------------------------------------------------
DATES: Written comments must be received on or before June 27, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R04-OAR-2004-NC-0005, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: [email protected].
    4. Fax: 404-562-9019.
    5. Mail: ``R04-OAR-2004-NC-0005'', 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.
    6. Hand Delivery or Courier: Deliver your comments to: Jane Spann, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division 12th floor, 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 RME ID No. R04-OAR-2004-NC-
0005. 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://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through RME, regulations.gov, or e-mail if you believe that it is CBI 
or otherwise protected from disclosure. The EPA RME Web site and the 
Federal

[[Page 30390]]

regulations.gov are ``anonymous access'' systems, 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 RME or 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.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. 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 RME 
or in the official file which is available 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 contact 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: Jane Spann, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9029. Ms. Spann can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The use of ``we,''``us,''or ``our'' in this 
document refers to EPA.

Table of Contents

I. What action are we proposing?
II. What is a SIP?
III. What is ozone and the purpose of the 8-hour ozone standard?
IV. What is an EAC?
V. What are the North Carolina EAC areas and their respective 8-hour 
ozone designations?
VI. How is attainment demonstrated for the 8-hour ozone standard 
with a photochemical model?
VII. What measures are included in this EAC SIP submittal?
VIII. What happens if the area does not meet the EAC commitments or 
milestones?
IX. Why are we proposing to approve this EAC SIP submittal?
X. Proposed Action
XI. Statutory and Executive Order Reviews

I. What Action Are We Proposing?

    Today we are proposing to approve revisions to the North Carolina 
SIP under sections 110 and 116 of the Clean Air Act (``CAA'' or ``The 
Act''). These revisions demonstrate attainment and maintenance of the 
8-hour ozone standard, 0.08 parts per million (ppm),\2\ within the 
Mountain, Unifour, Triad and Fayetteville EAC areas (the North Carolina 
EAC Areas) by 2007, and incorporate the control measures developed by 
these EACs into the North Carolina SIP. The North Carolina EACs are 
agreements between the North Carolina DENR, local governments and EPA. 
The intent of these agreements is to reduce ozone pollution and thereby 
attain and maintain the 8-hour ozone standard by 2007, sooner than 
required by CAA for areas designated nonattainment. Section VII of this 
rulemaking describes the control measures that will be implemented 
within the North Carolina EAC areas.
---------------------------------------------------------------------------

    \2\ The 8-hour ozone standard was promulgated on July 18, 1997 
(62 FR 38856).
---------------------------------------------------------------------------

II. What Is a SIP?

    The ``SIP'' is the State Implementation Plan required by section 
110 of the CAA and its implementing regulations. In essence, the SIP is 
a set of air pollution regulations, control strategies, and technical 
analyses developed by the State to ensure that the State meets the 
National Ambient Air Quality Standards (NAAQS). Once included in the 
SIP, these regulations, strategies, and analyses are federally 
enforceable by EPA. The NAAQS are established under section 109 of the 
Act and they currently address six criteria pollutants: carbon 
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur 
dioxide. These SIPs can be extensive, containing state regulations or 
other enforceable documents and supporting information such as emission 
inventories, monitoring networks, and modeling demonstrations. As is 
discussed in greater detail below, SIP revisions relating to attainment 
of the 8-hour ozone standard, submitted by North Carolina on December 
21, 2004 are now being proposed.

III. What Is Ozone and the Purpose of the 8-hour Ozone Standard?

    Ozone is formed by a series of chemical reactions involving 
nitrogen oxides (NOX), the result of combustion processes, 
and reactive organic gases, also termed volatile organic compounds 
(VOCs). NOX and VOCs are emitted into the air through many 
sources such as vehicles, power plants and other industrial facilities. 
Ozone and its precursors have many adverse effects on human health and 
can cause the following: irritation of the respiratory system, 
reduction of lung function (making it more difficult to breathe), 
aggravation of asthma, inflammation and damage to the lining of the 
lungs, and an increase in the risk of hospital admissions and doctor 
visits for respiratory problems. In order to reduce ozone it is 
necessary to reduce NOX and VOCs, ozone precursors. 
Consistent with the Act, ozone reductions are achieved by establishing 
NAAQS, such as the 8-hour ozone standard, and implementing the measures 
necessary to reduce ozone and its precursors. In the April 30, 2004, 
(69 FR 23858), Federal Register document entitled ``Air Quality 
Designations and Classifications for the 8-Hour Ozone National Ambient 
Air Quality Standards; Early Action Compact Areas with Deferred 
Effective Dates,'' EPA designated every county in the United States 
unclassifiable/attainment or nonattainment. Generally, when areas are 
designated nonattainment, they must put measures in place that will 
control and maintain ozone concentrations at healthy levels; areas 
designated as attainment must also develop maintenance plans to ensure 
ozone concentrations do not increase over time to unhealthy levels. The 
EAC program involves a commitment by areas close to attainment of the 
ozone standard to achieve clean air sooner. The areas' commitment is 
demonstrated by implementing control measures to achieve attainment 
earlier than mandated by the 8-hour ozone NAAQS and the Clean Air Act. 
The EAC areas that were designated nonattainment, but were able to meet 
the requirements of the EAC Protocol currently have a deferral of their 
nonattainment designation until September 30, 2005.

IV. What Is an EAC?

    An ``EAC'' is an ``Early Action Compact.'' This is an agreement 
between a State, local governments and

[[Page 30391]]

EPA to implement measures not necessarily required by the Act in order 
to achieve cleaner air as soon as possible. Communities close to or 
exceeding the 8-hour ozone standard that have elected to enter into an 
EAC have started reducing air pollution at least two years sooner than 
required by the Act. In many cases, these reductions will be achieved 
by local air pollution control measures not otherwise mandated under 
the Act. The program was designed for areas that approach or monitor 
exceedances of the 8-hour ozone standard, but are in attainment for the 
1-hour ozone standard. The 1-hour ozone standard will be revoked as of 
June 15, 2005 in most areas. It will not be revoked for previous 1-hour 
nonattainment areas that are 8-hour EAC areas, such as the Nashville, 
TN and Greensboro-Winston Salem-High Point, NC 1-hour area (the Triad 
8-hour EAC area).\3\ These areas will continue to implement 
transportation conformity requirements related to the 1-hour ozone 
standard. The 1-hour ozone transportation conformity requirements will 
no longer be in effect one year after the 8-hour ozone attainment 
designation if the areas are successful in achieving attainment through 
implementation of the EAC. If any EAC area is unsuccessful in attaining 
the 8-hour ozone NAAQS through the EAC process, it will be subject to 
the 8-hour ozone transportation conformity requirements one year after 
the nonattainment designation becomes effective.
---------------------------------------------------------------------------

    \3\ Notably, the counties included in the 8-hour EAC area may 
not directly correspond with all the counties included in the 
previous 1-hour area for the similar geographic area.
---------------------------------------------------------------------------

    The initial choice to enter into an EAC was voluntary on behalf of 
the local officials and State air quality officials. EPA believes that 
early planning and implementation of control measures that improve air 
quality will likely accelerate protection of public health. The EAC 
program allows participating State and local entities to make decisions 
that will accelerate meeting the new 8-hour ozone standard using local 
pollution control measures in addition to federally mandated measures. 
While the choice of entering into an EAC was voluntary, all measures 
adopted as part of the EAC are being proposed for incorporation into 
the SIP and will be mandatory and federally enforceable.
    In Region 4, EPA initially received 22 requests to enter into EACs 
in December 2002, including 100 counties in four states. Currently, 
there are 17 areas and 85 counties included in the EAC program in four 
Region 4 states. Of those 17, only eight areas received a deferral of 
their nonattainment designation. Five of the eight areas that have a 
deferred nonattainment designation are now attaining the 8-hour ozone 
standard and modeling attainment of that standard into the future. 
Consistent with EPA's EAC Protocol, states with communities 
participating in the EAC program had to submit plans for meeting the 8-
hour ozone standard by December 31, 2004, rather than June 15, 2007, 
the Act's deadline for all other areas not meeting the standard. The 
EAC protocol further requires communities to develop and implement air 
pollution control strategies, account for emissions growth and 
demonstrate attainment by 2007 and maintain the 8-hour ozone standard 
until at least 2012. Greater details of the EAC program are explained 
in EPA's December 16, 2003 (68 FR 70108) proposed Federal Register 
document entitled ``Deferral of Effective Date of Nonattainment 
Designations for 8-hour Ozone National Ambient Air Quality Standards 
for Early Action Compact Areas.''
    North Carolina submitted an EAC for the Unifour area on December 
19, 2002, the Fayetteville area on December 20, 2002, and the Triad and 
Mountain areas on December 23, 2002. These were signed by 
representatives of the local communities, State air quality officials 
and the Regional Administrator. The EPA deferred the effective date of 
nonattainment designations for EAC areas that were violating the 8-hour 
ozone standard, but continue to meet the compact milestones. Details of 
this deferral were published in the April 30, 2004, (69 FR 23858), 
Federal Register notice. The North Carolina EAC area designations are 
discussed further in Section V of today's rulemaking. To date, the 
North Carolina EAC areas have met all EAC milestones and, as long as 
EAC areas continue to meet the agreed upon milestones, the 
nonattainment designation will be deferred until April 15, 2008. At 
that time EAC areas with air quality monitoring data showing attainment 
for the years 2005-2007 that have also met all the compact milestones 
will be designated as attainment for the 8-hour ozone standard.

V. What Are the North Carolina EAC Areas and Their Respective 8-Hour 
Ozone Designations?

    In April 2004 (69 FR 23858), EPA designated areas as nonattainment 
for the 8-hour NAAQS based upon air quality monitoring data during the 
2001 through 2003 ozone seasons. EPA designated counties in the 
Mountain EAC area as unclassifiable/attainment, counties in the Unifour 
EAC area and Cumberland County in the Fayetteville EAC area as 
nonattainment-deferred, three counties in the Triad EAC area 
unclassifiable/attainment and the remaining eight counties in the Triad 
EAC area nonattainment-deferred for the 8-hour ozone standard (See 
Table 1). Although the counties in the Mountain EAC area were 
designated unclassifiable/attainment for the 8-hour ozone standard, 
three counties opted to continue with the EAC process.

                     Table 1.--North Carolina EAC Areas and Their 8-Hour Ozone Designations
----------------------------------------------------------------------------------------------------------------
                   EAC areas                                      EAC 8-hour ozone designation
----------------------------------------------------------------------------------------------------------------
Mountain Area of Western North Carolina EAC
 Area (Mountain EAC Area):\4\
    Buncombe County...........................  Unclassifiable/Attainment.
    Haywood County (partial)..................  Unclassifiable/Attainment.
    Madison County............................  Unclassifiable/Attainment.
Unifour EAC Area:
    Alexander County..........................  Nonattainment-deferred.
    Burke County (partial)....................  Nonattainment-deferred.
    Caldwell County (partial).................  Nonattainment-deferred.
    Catawba County............................  Nonattainment-deferred.
Triad EAC Area:
    Alamance County...........................  Nonattainment-deferred.
    Caswell County............................  Nonattainment-deferred.
    Davidson County...........................  Nonattainment-deferred.

[[Page 30392]]

 
    Davie County..............................  Nonattainment-deferred.
    Forsyth County............................  Nonattainment-deferred.
    Guilford County...........................  Nonattainment-deferred.
    Randolph County...........................  Nonattainment-deferred.
    Rockingham County.........................  Nonattainment-deferred.
    Stokes County.............................  Unclassifiable/Attainment.
    Surry County..............................  Unclassifiable/Attainment.
    Yadkin County.............................  Unclassifiable/Attainment.
Fayetteville EAC Area:
    Cumberland County.........................  Nonattainment-deferred.
----------------------------------------------------------------------------------------------------------------

    To date, the North Carolina EAC areas have met all EAC milestones 
and, as long as EAC areas continue to meet the agreed upon milestones, 
the impact of the designations will be deferred until April 15, 2008. 
At that time, EPA will evaluate the 8-hour ozone designations for these 
areas.
---------------------------------------------------------------------------

    \4\ Henderson and Transylvania Counties opted out of the 
Mountain EAC area and are no longer participating.
---------------------------------------------------------------------------

VI. How Is Attainment Demonstrated for the 8-Hour Ozone Standard With a 
Photochemical Model?

    An area will typically evaluate necessary control measures using 
modeling programs to determine how that area can meet and maintain the 
NAAQS. This process is no different for EAC areas which used modeling 
and screening tests to evaluate attainment and maintenance of the 8-
hour ozone standard. The attainment test uses ambient air quality 
monitored design values with model-generated ozone concentration data. 
The test is applied at each monitor in the area as well as applicable 
unmonitored modeling sites in the EAC area. A future year design value 
is developed by multiplying the ratio of the future year to current 
year model-predicted 8-hour daily maximum ozone concentrations by a 
current design value. The current ambient air quality design value is 
developed from air quality monitored data. Under EPA regulations at 40 
CFR Part 50, the 8-hour ozone standard is attained when the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ambient ozone concentrations is less than or equal to 0.08 ppm. (See 69 
FR 23857, April 30, 2004, for further information). If modeled 
predicted future site-specific design values are less than 0.085 ppm at 
each monitor site, the test is passed.\5\
---------------------------------------------------------------------------

    \5\ Although the ozone standard is 0.08 ppm, monitored values 
less than 0.085 are rounded down to 0.08 whereas monitored values 
equal to or greater than 0.085 are rounded up, and considered to be 
an exceedance of the standard. The 8-hour ozone standard can also be 
expressed in parts per billion and EPA often refers to monitors 
meeting the standard if they monitor values less than 85 ppb.
---------------------------------------------------------------------------

A. How Was Attainment Demonstrated Through the North Carolina EAC 
Modeling?

    The North Carolina modeling was developed consistent with the EPA 
draft modeling guidance and EAC protocol guidance that was available 
when the modeling was conducted.\6\ The air quality modeled 
concentrations were developed using the Multiscale Air Quality 
Simulation Platform (MAQSIP) multi-scale photochemical air quality 
model. Representative episodes from several years were used in the base 
year modeling to validate the model for use in developing a control 
strategy for attainment of the 8-hour ozone NAAQS. The episodes were 
chosen to be reflective of the most frequent meteorological conditions 
that are conducive to 8-hour ozone exceedances. Three types of modeling 
inventories are needed for the attainment demonstration modeling: The 
base, current and future year inventories. The base year inventory 
represents the year of the episode being modeled and is used for 
evaluating the performance of the photochemical air quality model. The 
base years and episodes used in this SIP demonstration are July 13-15, 
1995, June 21-24, 1996, June 27-29, 1996 and July 11-15, 1997. The 
second inventory is the ``current'' year inventory. For the North 
Carolina EAC modeling demonstration, the current year is 2000 (this is 
the most recent year that North Carolina DENR could develop in time for 
the SIP demonstration). Ideally, the current year, which represents a 
recent inventory, would be 2002. The use of older emission inventories 
introduces more uncertainties as projections are made over longer time 
periods. Areas with 8-hour ozone SIPs due in 2007 are expected to use 
the 2002 inventory as mentioned in the policy memo (``2002 Base Year 
Emission Inventory SIP Planning: 8-hr Ozone, PM2.5, and Regional Haze 
Programs'' by Lydia N. Wegman dated November 18, 2002). However, for 
EAC SIPs submitted in 2004, EPA will accept another year provided the 
data represents recent conditions. The 2000 emission inventory was the 
most recent inventory that was available for North Carolina to use in 
their EAC SIP demonstration. The 2000 current year inventory is 
processed using all of the different meteorological episodes being 
studied. The photochemical modeling uses the current year inventory and 
those results are used as a representation of current air quality 
conditions. Several future year inventories were developed for the 
attainment year (2007) and maintenance years (2012 and 2017). It is the 
future year base inventories to which control strategies and 
sensitivities are applied to determine the controls necessary to attain 
the ozone standard. The attainment test is passed for all EAC area 
monitors for the future years of 2007, 2012 and 2017 for the North 
Carolina EAC areas using the higher of the most recent monitored design 
values from 1999-2001 and 2001-2003. The future-predicted design values 
from the North Carolina modeling are presented in Table 2. With the 
exception of the Cooleemee monitor (which does indicate attainment) in 
the Triad area, the future design values are well below 84 ppb for the 
North Carolina EAC monitors.
---------------------------------------------------------------------------

    \6\ The EPA issued guidance on the air quality modeling that is 
used to demonstrate attainment with the 8-hour ozone NAAQS. See U.S. 
EPA, (1999), Draft Guideline on the Use of Models and Other Analysis 
in Attainment Demonstrations for the 8-Hour Ozone NAAQS, EPA-454/R-
99-00413, (May 1999). A copy may be found on EPA's Web site at 
http://www.epa.gov/ttn/scram/ (file name: ``DRAFT8HR'')
    EPA, June, 2002. ``Protocol for Early Action Compacts Designed 
to Achieve and Maintain the 8-Hour Ozone Standard''. Located at 
http://www.epa.gov/ttn/naaqs/ozone/eac/.
    ``Appendix W to 40 CFR Part 51: Guideline on Air Quality 
Models.'' Located at http://www.epa.gov/scram001/ (file name: 
``Appendix W'').

[[Page 30393]]



           Table 2.--North Carolina Future Design Values (ppb)
------------------------------------------------------------------------
              Area/monitor                  2007       2012       2017
------------------------------------------------------------------------
Fayetteville EAC Area:
    Wade...............................         78         73         69
    Golfview...........................         77         72         68
Mountain EAC Area:
    Fry Pan............................         77         73         73
    Purchase Knob......................         75         70         67
    Bent Creek.........................         74         69         68
    Waynesville........................         71         67         65
Triad EAC Area:
    Cooleemee..........................         84         79         75
    Hattie Avenue......................         80         75         71
    Union Cross........................         79         73         70
    Bethany............................         76         71         70
    Cherry Grove.......................         76         72         69
    McLeansville.......................         76         71         68
    Shiloh Church......................         76         72         68
    Sophia.............................         72         67         64
    Plooirosa..........................         69         65         63
Unifour EAC Area:
    Taylorsville.......................         75         69         67
    Lenoir/Caldwell County.............         73         68         66
------------------------------------------------------------------------

B. Were Supplemental Analyses Used in the Technical Demonstration for 
Attainment in North Carolina?

    According to the 1999 draft EPA 8-hour ozone modeling guidance (the 
guidance available when North Carolina began their modeling), a weight 
of evidence (WOE) determination is optional if attainment is modeled. 
If it is submitted, it provides additional corroborative analyses to 
support and strengthen the attainment modeling. A WOE determination 
uses different analyses than the photochemical model and is therefore 
useful in providing corroboration of the results of a photochemical 
model. These analyses are particularly useful if the attainment test 
results are within a few parts per million of the 8-hour ozone 
standard. The State of North Carolina chose to submit a WOE 
determination to support the attainment modeling results. The WOE 
determination results varied for each EAC area but are supportive of 
the modeling conclusions for attainment. The WOE determination is 
described in detail and for each EAC area in the Technical Support 
Document (TSD) \7\ for this document. The WOE determination elements in 
the SIP submittal are summarized below.
---------------------------------------------------------------------------

    \7\ The TSD can be found in RME ID No. R04-OAR-2004-NC-0005 (see 
the ADDRESSES section of this notice for further information on 
RME).
---------------------------------------------------------------------------

    Three analysis items as defined in the draft EPA 8-hour ozone 
modeling guidance and two state-derived analyses were developed using 
the air quality modeling. A percent reduction is developed for the 
relative change between the current and future year for the five 
analysis items. The five air quality modeling analyses are:
    1. Number () of grid cells with hourly 8-hour ozone 
concentration > 84 ppb
    2. Number of maximum daily 8-hour ozone concentration > 84 ppb
    3. Sum of grid-cells with predicted hourly 8-hour ozone 
concentration > 84 ppb
    4. Sum of grid-cells with predicted maximum daily 8-hour ozone 
concentration > 84 ppb
    5. Number of grid cells with predicted maximum 8-hour ozone 
concentrations sorted within EPA's Air Quality Index codes (e.g., 
green, yellow, orange and red categories)
    An 80 percent change in the number of grid cells for a metric 
represents a sizeable improvement in 8-hour ozone concentrations. The 
WOE modeling-based results illustrate reductions in expected future 
year ozone. However, the majority of local EAC control measures were 
not included in the modeling. The expected emission reductions from the 
measures which were not modeled further support the conclusion that the 
EAC areas will attain and maintain the 8-hour ozone standard. EAC 
control measures are discussed in Section VII of this notice.

                                 Table 3.--Average Percent (%) Reductions From Weight of Evidence Determination Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Percent reduction for each EAC area
        Analysis item         --------------------------------------------------------------------------------------------------------------------------
                                           Triad                       Fayetteville                     Mountain                       Unifour
--------------------------------------------------------------------------------------------------------------------------------------------------------
 grid cells with      >95% (2007)..................  100% (2007, 2012, 2017).......  >95% (2007).................  >85% (2007)
 hourly 8-hour ozone           100% (2012 & 2017)...........                                  100% (2012 & 2017)..........  >95% (2012 & 2017)
 concentration > 84 ppb.
 maximum daily 8      >95% (2007)..................  100% (2007, 2012, 2017).......  >95% (2007).................  >85% (2007)
 hour ozone concentration >    100% (2012 & 2017)...........                                  100% (2012 & 2017)..........  >95% (2012 & 2017)
 84 ppb.
sum of grid-cells with         >95% (2007)..................  100% (2007, 2012, 2017).......  >95% (2007).................  >85% (2007)
 predicted hourly 8-hour       100% (2012 & 2017)...........                                  100% (2012 & 2017)..........  >95% (2012 & 2017)
 ozone concentration > 84 ppb.
sum of grid-cells with         >95% (2007)..................  100% (2007, 2012, 2017).......  >95% (2007).................  >85% (2007)
 predicted maximum daily 8-    100% (2012 & 2017)...........                                  100% (2012 & 2017)..........  >95% (2012 & 2017)
 hour ozone concentration >
 84 ppb.

[[Page 30394]]

 
number of grid cells for       >95% (2007)..................  100% (2007, 2012, 2017).......  100% (2007, 2012, 2017).....  100% (2007, 2012, 2017)
 EPA's Air Quality Index       100% (2012 & 2017)...........
 orange and red codes
 combined.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The reductions presented in Table 3 well surpassed the EPA draft 8-
hour ozone modeling guidance recommendation of achieving grid cell 
improvements.

C. What Is the Maintenance for Growth Plan for the EAC Areas?

    In addition to control measures designed to attain and maintain the 
8-hour ozone standard, North Carolina's EAC SIP also includes a 
comprehensive maintenance plan. In summary, North Carolina proposes to 
implement a maintenance plan similar to the requirements for section 
175A of the Clean Air Act, which requires maintenance plans to be 
submitted for all areas redesignated from nonattainment to attainment. 
EPA's EAC Protocol required demonstration of maintenance of the 8-hour 
ozone standard through 2012; North Carolina's maintenance plan models 
attainment through 2017. The North Carolina maintenance plan also 
includes the following:
    1. An attainment demonstration for the 2007-2017 period. Future 
design values developed through modeling for 2007, 2012 and 2017 that 
are below 85 ppb at all monitors in the EAC areas.
    2. A commitment for a mid point evaluation in 2012.
    3. A commitment to develop the maintenance plan for a second 10-
year period for 2017-2027 and a schedule for developing that plan 
including emission inventories and air quality modeling. The schedule 
is as follows:
     December 2004--North Carolina submits EAC SIP, covering 
both attainment date of 2007 and first 10-year maintenance period 
through 2017
     April 2005--State of North Carolina and EAC areas 
implement EAC measures
     December 2005--First annual tracking report is submitted 
to EPA
     December 2006--Second annual tracking report is submitted 
to EPA
     December 2007--Attainment date
     December 2007--Third annual tracking report is submitted 
to EPA
     April 2008--EPA designates area attainment for the 8-hour 
ozone standard providing areas have 3 years of quality assured data 
showing attainment
     December 2008--The State completes evaluation of new 
emissions data and determines whether revised modeling analysis is 
required
     December 2008--Fourth annual tracking report is submitted 
to EPA and continues for each year thereafter through the end of the 
maintenance period
     January 2013--The State begins work on 10-year maintenance 
plan update
     December 2015--Submits 10-year maintenance plan update to 
EPA
     December 2027--20-year maintenance plan and annual 
tracking for growth concludes.
    4. A commitment to update the EAC plan and submit to EPA in 2015.
    5. A commitment to annually track stationary and highway mobile 
source emissions. Provides triggers (emissions growth thresholds and 
rates) and actions (air quality analyses, modeling and adopting 
additional controls) to be performed to address emission growth.
    6. Based on the tracking of the growth of stationary and onroad 
mobile source emissions, North Carolina will commit to adopt and 
implement additional control measures, if needed, throughout the 
maintenance period.
    7. A commitment to perform air quality analyses reviews and report 
each December.
    8. Commitments for tracking and taking follow-up action are in 
force unless the 8-hour ozone standard is revoked in the future. North 
Carolina believes that would happen only in the event that EPA revises 
or revokes the current 8-hour ozone standard of 0.08 parts per million. 
To date, EPA has not proposed any revisions to the ozone NAAQS.
    9. A commitment to evaluate, in 2008, whether or not a full 
modeling update is needed for all EAC areas.
    10. Provide the following timeline of actions and submittals for 
the maintenance plan from December 2004 to December 2027.

D. What Are EPA's Conclusions on the North Carolina EAC Technical 
Demonstration for Attainment and Maintenance?

    Attainment and maintenance of the 8-hour ozone NAAQS is 
demonstrated in the North Carolina EAC SIP submittal. EPA believes that 
the appropriate data and procedures are used to assess 8-hour ozone 
attainment for the NC EAC areas. EPA's analysis indicates that the 
combination of local scale modeling, WOE analyses and control 
strategies demonstrates attainment of the 8-hour ozone NAAQS for each 
North Carolina EAC area. Additional details of the North Carolina EAC 
modeling are presented in the TSD for the State submittal.

VII. What Measures Are Included in This EAC SIP Submittal?

    The North Carolina submittal describes that several control 
measures are already in place or being implemented over the next few 
years that will contribute to attainment and maintenance of the 8-hour 
ozone standard. These measures include controls on both stationary and 
mobile emissions sources. The Federal and State control measures were 
modeled for the future years.
    The Federal control measures that were modeled by North Carolina 
included the Tier 2 vehicle standards and low sulfur gasoline, which 
affects all passenger vehicles in a manufacturer's fleet; the heavy-
duty gasoline and diesel highway vehicle standards, which are designed 
to reduce NOX and VOC emissions from heavy duty gasoline and 
diesel highway vehicles; large nonroad diesel engine standards, for 
equipment such as those used in construction, agricultural, and 
industrial equipment; and nonroad spark ignition engines and 
recreational engines standard, which will regulate NOX, HC 
and CO for groups of previously unregulated nonroad engines.
    The State control measures that were modeled included the Clean Air 
Bill, in which the vehicle emissions inspection and maintenance program 
was expanded from 9 counties to 48, phased in between July 1, 2002 
through January 1, 2006. Another State measure was the NOX 
SIP Call Rule, which will reduce summertime NOX emissions 
from power plants and other industries by 68 percent by 2006. These 
reductions began to be implemented in 2002. The

[[Page 30395]]

Clean Smokestacks Act will reduce NOX emissions beyond the 
requirements of the NOX SIP Call Rule and will require coal-
fired power plants to reduce annual NOX emissions by 78 
percent by 2009 and be applied year round. This is one of the first 
state laws of its kind in the nation. An open burning ban is another 
state control measure that was modeled.
    The only local control measure that was modeled was the fuel 
switching at one of the RJ Reynolds facilities in the Triad EAC area. 
The modeling results clearly show reductions in expected future year 
ozone levels. The majority of local EAC control measures were not 
included in the modeling. These expected emission reductions further 
support the conclusion that the North Carolina EAC areas will attain 
and maintain the 8-hour ozone standard in the future. Examples of these 
expected emission reductions not modeled are summarized in Table 4. For 
a complete list of local reductions see Appendix Q of the December 17, 
2004, 8-hour ozone attainment demonstration for the North Carolina EAC 
areas submitted to EPA on December 21, 2004 found in the RME system as 
mentioned in the ADDRESSES section of today's rulemaking.

          Table 4.--Additional EAC Local Reductions not Modeled
------------------------------------------------------------------------
                                            Estimated reduction
            Strategy             ---------------------------------------
                                   NOX  (tons/year)    VOC  (tons/year)
------------------------------------------------------------------------
Triad EAC:
    Increase ridership on         3.5...............  5.0
     municipal and regional bus
     service.
    Create new Park and Ride      3.2...............  1.8
     Lots.
    Expand PART ride sharing &    0.7...............  0.7
     vanpooling.
    Expand car pooling..........  19.0..............  23.2
    Diesel retrofits on school    23.0..............  17.0
     buses.
    Truck Stop Electrification..  35.0..............  1.8
    Duke Energy Anti-Idling       0.7...............  --
     Policy.
    Increase use of Biodiesel...  2% increase in      30% increase in
                                   Biodiesel use.      Biodiesel use.
Fayetteville EAC:
    Landfill harvesting methane   5.0...............  ..................
     and selling energy.
    Retrofitting Diesel School    ..................  42% reduction.
     buses.
Unifour EAC:
    Expanded Public               0.4...............  0.5
     Transportation.
    Compressed Work Weeks.......  1.3...............  1.5
    Regional Bicycle &            1.6...............  2.0
     Pedestrian Plan.
    City and County Energy Plan.  0.4...............  0.5
------------------------------------------------------------------------

    The modeled control measures detailed in Section VII meet the 
requirements of the EAC protocol: they are specific, quantified, 
permanent and will be federally enforceable when approved by EPA. In 
compliance with the next EAC program milestone, each of the control 
measures listed above, including any measures substituted by local 
areas, are scheduled to be implemented on or before December 31, 2005. 
The TSD contains additional information on each of these control 
measures, as well as information on numerous local measures that are 
expected to have benefits, but for which specific emission reductions 
were not quantified.
    Despite the growth estimated for the EAC areas, the more stringent 
federal emission standards are projected to substantially reduce 
emissions of NOX and VOCs in the newer fleet of vehicles. 
Improved emission controls in major industrial, commercial and 
institutional facilities (point sources) are also projected to 
significantly reduce emissions of NOX. Using air quality 
models to anticipate the impact of growth, as well as the state-
assisted and locally-implemented measures to reduce emissions, the 
State has projected the EAC areas will be in attainment of the 8-hour 
ozone standard in 2007 and will remain in attainment through 2012 and 
2017. The EPA has reviewed the modeling and emission projections and 
believes attainment is demonstrated. Therefore, EPA is proposing to 
approve the demonstration of attainment.

VIII. What Happens if the Area Does Not Meet the EAC Commitments or 
Milestones?

    In the April 30, 2004, (69 FR 23858) Final Rulemaking, EPA 
designated counties in the Mountain EAC area as unclassifiable/
attainment, and counties in the Unifour, Fayetteville and Triad EAC 
areas as nonattainment-deferred for the 8-hour ozone standard. The 
Triad EAC area includes counties that are designated unclassifiable/
attainment and counties that are designated nonattainment-deferred in 
the 69 FR 23858. In accordance with the April 30, 2004, (69 FR 23858) 
Final Rulemaking the effective date of nonattainment for the EAC areas 
(see Table 4) has been deferred until September 30, 2005. The measures 
outlined in the North Carolina SIP submittal provide every indication 
that the North Carolina EAC areas will attain the 8-hour ozone standard 
by December 31, 2007 and complete each milestone and action agreed upon 
in the compact. However, if one milestone is missed, EPA will take 
action to propose and promulgate a finding of failure to meet the 
milestone, and to withdraw the deferred effective date of the 
nonattainment designation.

IX. Why Are We Proposing To Approve This EAC SIP Submittal?

    We are proposing to approve this EAC SIP submittal because the SIP 
submittal demonstrates attainment by December 31, 2007 and maintenance 
of that standard through 2027. We have reviewed the submittal and 
determined that it is consistent with the requirements of the Act, 
EPA's policy, and the EAC protocol. The TSD contains detailed 
information concerning this rulemaking action.
    Approving the EAC submittals into the SIP will also mean that 
measures and controls identified therein become federally enforceable 
and the North Carolina EAC areas' citizens will start to benefit from 
reductions in air pollution sooner than if the areas were designated 
nonattainment. See Section VII of this rulemaking action for the 
description of air pollution control measures. Finally, it means that 
EPA has determined that the EAC areas have continued to fulfill the 
milestones and obligations of the

[[Page 30396]]

EAC Program. In a separate action, EPA will take action proposing to 
defer the effective date of nonattainment designation for these areas 
until December 31, 2006, so long as the areas continue to fulfill the 
EAC obligations, including semi-annual reporting requirements, 
implementation of the measures in the EAC submittal by December 31, 
2005, and a progress assessment by June 30, 2006.

X. Proposed Action

    EPA is proposing to approve the attainment demonstration and the 
Mountain area, Unifour area, Triad area and Fayetteville area EACs and 
incorporate these into the North Carolina SIP. The modeling of ozone 
and ozone precursor emissions from sources in the four North Carolina 
EAC areas demonstrate that the specified control strategies will 
provide for attainment of the 8-hour ozone NAAQS by December 31, 2007. 
These specified control strategies are consistent with the EAC program.

XI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve State law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by State law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under State law and does not impose any 
additional enforceable duty beyond that required by State law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
actions, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: May 18, 2005.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05-10473 Filed 5-25-05; 8:45 am]
BILLING CODE 6560-50-P