[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Rules and Regulations]
[Pages 230-232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31084]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0751-200928; FRL-9098-9]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; North 
Carolina: Hickory-Morganton-Lenoir; Determination of Attaining Data for 
the 1997 Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is determining that the Hickory-Morganton-Lenoir, North 
Carolina, (hereafter referred to as ``Hickory, North Carolina'') 
nonattainment area for the 1997 fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS) has 
attaining data for the 1997 PM2.5 NAAQS.

DATES: Effective Date: This final rule is effective on January 5, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R04-OAR-2009-0751. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW,, 
Atlanta, Georgia 30303-8960.

FOR FURTHER INFORMATION CONTACT: Joel Huey, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Mr. Huey may be reached by 
phone at (404) 562-9104 or via electronic mail at [email protected]. 
For information relating to the North Carolina State Implementation 
Plan (SIP), please contact Nacosta Ward at (404) 562-9140. Ms. Ward can 
also be reached at [email protected].

SUPPLEMENTARY INFORMATION:

I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. When Is This Action Effective?
IV. What Is EPA's Final Action?
V. What Are the Statutory and Executive Order Reviews?

I. What Action Is EPA Taking?

    EPA is determining that the Hickory, North Carolina, nonattainment 
area has attaining data for the 1997 PM2.5 NAAQS. This 
determination is based upon quality assured, quality controlled and 
certified ambient air monitoring data that show the area has monitored 
attainment of the 1997 PM2.5 NAAQS based on the 2006-2008 
data. In addition, quality controlled and quality assured monitoring 
data submitted during the calendar year 2009, which are available in 
the EPA Air Quality System database, but not yet certified, indicate 
that this area continues to meet the 1997 PM2.5 NAAQS.
    Other specific requirements of the determination and the rationale 
for EPA's proposed action are explained in the notice of proposed 
rulemaking (NPR) published on October 6, 2009 (74 FR 48863) and will 
not be restated here. The comment period closed on November 5, 2009. No 
public comments were received in response to the NPR.

II. What Is the Effect of This Action?

    This final action, in accordance with 40 CFR 51.1004(c), suspends 
the requirements for this area to submit attainment demonstrations, 
associated reasonably available control measures, reasonable further 
progress plans, contingency measures, and other planning SIPs related 
to attainment of the 1997 PM2.5 NAAQS as long as this

[[Page 231]]

area continues to meet the 1997 PM2.5 NAAQS.

III. When Is the Action Effective?

    EPA finds that there is good cause for this approval to become 
effective on the date of publication of this action in the Federal 
Register, because a delayed effective date is unnecessary due to the 
nature of the approval. The expedited effective date for this action is 
authorized under both 5 U.S.C. 553(d)(1), which provides that rule 
actions may become effective less than 30 days after publication if the 
rule ``grants or recognizes an exemption or relieves a restriction'' 
and 5 U.S.C. 553(d)(3), which allows an effective date less than 30 
days after publication ``as otherwise provided by the agency for good 
cause found and published with the rule.'' As noted above, this 
determination of attainment suspends the requirements for the Hickory, 
North Carolina, PM2.5 nonattainment area to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
any other planning SIPs related to attainment of the standard as long 
as this area continues to meet the 1997 PM2.5 NAAQS. The 
suspension of these requirements is sufficient reason to allow an 
expedited effective date of this rule under 5 U.S.C. 553(d)(1). In 
addition, this nonattainment area's suspension from these requirements 
provide good cause to make this rule effective on the date of 
publication of this action in the Federal Register, pursuant to 5 
U.S.C. 553(d)(3). The purpose of the 30-day waiting period prescribed 
in 5 U.S.C. 553(d) is to give affected parties a reasonable time to 
adjust their behavior and prepare before the final rule takes effect. 
Where, as here, the final rule suspends requirements rather than 
imposing obligations, affected parties, such as the State of North 
Carolina, do not need time to adjust and prepare before the rule takes 
effect.

IV. What Is EPA's Final Action?

    EPA is determining that the Hickory, North Carolina, nonattainment 
area has attaining data for the 1997 PM2.5 NAAQS. This 
determination is based upon quality assured, quality controlled, and 
certified ambient air monitoring data showing that this area has 
monitored attainment of the 1997 PM2.5 NAAQS during the 
period 2006-2008. This final action, in accordance with 40 CFR 
51.1004(c), will suspend the requirements for this area to submit 
attainment demonstrations, associated reasonably available control 
measures, reasonable further progress plans, contingency measures, and 
other planning SIPs related to attainment of the 1997 PM2.5 
NAAQS as long as the Area continues to meet the 1997 PM2.5 
NAAQS.

V. What Are Statutory and Executive Order Reviews?

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 8, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action, pertaining to the determination of attaining data 
for the 1997 fine particulate matter standard for the Hickory, North 
Carolina, PM2.5 nonattainment area, may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: December 15, 2009.
J. Scott Gordon,
Acting Regional Administrator, Region 4.

0
Accordingly, 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

[[Page 232]]

Subpart II--North Carolina

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2. Section Sec.  52.1781 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.1781  Control strategy: Sulfur oxides and particulate matter.

* * * * *
    (f) Determination of Attaining Data. EPA has determined, as of 
January 5, 2010, the Hickory-Morganton-Lenoir, North Carolina, 
nonattainment area has attaining data for the 1997 PM2.5 
NAAQS. This determination, in accordance with 40 CFR 52.1004(c), 
suspends the requirements for this area to submit an attainment 
demonstration, associated reasonably available control measures, a 
reasonable further progress plan, contingency measures, and other 
planning SIPs related to attainment of the standard for as long as this 
area continues to meet the 1997 PM2.5 NAAQS.

[FR Doc. E9-31084 Filed 1-4-10; 8:45 am]
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