[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Rules and Regulations]
[Pages 51949-51950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20989]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0043-201024; FRL-9192-6]


Approval and Promulgation of Air Quality Implementation Plans; 
North Carolina and South Carolina; Charlotte-Gastonia-Rock Hill, North 
Carolina-South Carolina; Notice of Completeness Determination for the 
Purpose of Stopping Sanctions Clock

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Letter to Governor Regarding Completeness and 
Stopping of Sanctions Clock.

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SUMMARY: EPA is now giving notice of an action that EPA has already 
taken to find two State Implementation Plan (SIP) revisions complete 
and stop sanctions clocks associated with the Charlotte-Gastonia-Rock 
Hill North Carolina, South Carolina 1997 8-hour ozone nonattainment 
area (hereafter referred to as the ``bi-state Charlotte Area''). 
Pursuant to the Clean Air Act (CAA) and its implementing regulations, 
EPA has made an affirmative determination of completeness for the 
attainment demonstrations submitted by the States of North Carolina and 
South Carolina the bi-state Charlotte Area. On May 27, 2010, letters 
announcing this determination were sent to the Governors of North 
Carolina and South Carolina, effectively stopping the sanctions clock 
started on May 8, 2009, by a finding of failure to submit the 
attainment demonstrations. This notice is simply an announcement of a 
determination that EPA has already made.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2009-0043. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly available, i.e., 
Confidential Business Information 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 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: Nacosta C. Ward, 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) 562-9140. Ms. Ward can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: Effective June 15, 2004, the bi-state 
Charlotte Area was designated nonattainment for the 8-hour ozone 
national ambient air quality standards (NAAQS) with a moderate 
classification. The bi-state Charlotte Area is comprised of Cabarrus, 
Gaston, Lincoln, Mecklenburg, Rowan, Union and a portion of Iredell 
(Davidson and Coddle Creek Townships) Counties in North Carolina; and a 
portion of York County, South Carolina. For the 1997 8-hour ozone 
NAAQS, States were required to submit an attainment demonstration, 
reasonable further progress plan, and reasonable available control 
technology submittals (for areas classified as moderate or above) by 
June 15, 2007. EPA received the required submittals from North Carolina 
on June 15, 2007, and South Carolina on August 31, 2007.
    On December 19, 2008, and December 22, 2008, the States of North 
Carolina and South Carolina, respectively, submitted letters to EPA 
withdrawing their attainment demonstrations for the bi-state Charlotte 
Area. On May 8, 2009, EPA published a finding of failure to submit 
final rulemaking for North Carolina and South Carolina for these 
required SIPs. 74 FR 21550.
    On November 12, 2009, and April 5, 2010, North Carolina submitted 
all components of the North Carolina attainment demonstration SIP for 
North Carolina's portion of the bi-state Charlotte Area. On November 
13, 2009, and April 29, 2010, South Carolina submitted all components 
of the attainment demonstration SIP for South Carolina's portion of the 
bi-state Charlotte Area. EPA has done a completeness review, in 
accordance with Section 2.0 ``Criteria'' of Appendix V of 40 CFR Part 
51--Criteria for Determining the Completeness of Plan Submissions, to 
ensure that the States have submitted all of the required information 
for the SIP submissions.
    As explained in the letters sent by EPA to the Governors of North 
and South Carolina, on May 27, 2010,\1\ EPA has determined that the 
States have corrected the deficiency identified in EPA's promulgated 
finding of failure to submit the required attainment demonstration SIPs 
for the bi-state Charlotte Area. Specifically, EPA has determined that 
both North Carolina and South Carolina have submitted complete SIP 
submittals for the bi-state Charlotte Area to meet the CAA requirement 
for attainment demonstrations for moderate nonattainment areas under 
the 1997 8-hour ozone NAAQS. EPA will make a determination on the 
approvability of these attainment demonstration SIPs for the bi-state 
Charlotte Area in a separate action. This announcement only relates to 
a completeness determination for the attainment demonstration SIPs for 
the bi-state Charlotte Area, and is separate from EPA's determination 
of approvability of these attainment demonstrations. This action is 
simply a notice of a determination that EPA already made through 
correspondence

[[Page 51950]]

with the Governors of North and South Carolina.
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    \1\ In the May 27, 2010, letters, EPA inadvertently identified 
incorrect submittal dates for North Carolina and South Carolina's 
SIP submissions. On June 18, 2010, EPA sent letters to North 
Carolina and South Carolina to correct the dates of the SIP 
submissions.

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

    Dated: August 11, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-20989 Filed 8-23-10; 8:45 am]
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