[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Proposed Rules]
[Pages 20293-20296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8705]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0029-201103; FRL-9293-2]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Charlotte-
Gastonia-Rock Hill, North Carolina and South Carolina: Determination of 
Attainment for the 1997 8-Hour Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Charlotte-Gastonia-Rock 
Hill, North Carolina-South Carolina nonattainment area has attained the 
1997 8-hour ozone national ambient air quality standards (NAAQS) based 
on quality assured, quality controlled monitoring data from 2008-2010. 
The Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-
hour ozone nonattainment area (hereafter referred to as 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 in South Carolina. If this proposed determination is made final, 
the requirement for the States of North Carolina and South Carolina to 
submit an attainment demonstration and associated reasonably available 
control measures (RACM) analyses, reasonable further progress (RFP) 
plans, contingency measures, and other planning State Implementation 
Plans (SIPs) related to attainment of the 1997 8-hour ozone NAAQS for 
the bi-state Charlotte Area, shall be suspended for as long as the Area 
continues to meet the 1997 8-hour ozone NAAQS.

DATES: Written comments must be received on or before May 12, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0029 by one of the following methods:
    1. http:[sol][sol]www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2011-0029,'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency,

[[Page 20294]]

Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2011-0029. 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:[sol][sol]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:[sol][sol]www.regulations.gov or by e-mail information that you 
consider to be CBI or otherwise protected. The 
http:[sol][sol]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:[sol][sol]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:[sol][sol]www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http:[sol][sol]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:[sol][sol]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: Jane Spann or Zuri Farngalo, 
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. Ms. 
Spann may be reached by phone at (404) 562-9029 or via electronic e-
mail at [email protected]. Mr. Farngalo may be reached by phone at 
(404) 562-9152 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is proposing to determine that the bi-state Charlotte Area has 
attained the 1997 8-hour ozone NAAQS. Today's proposal is based upon 
complete, quality assured, quality controlled, and certified ambient 
air monitoring data for the years 2008-2010 showing that the bi-state 
Charlotte Area has monitored attainment of the 1997 8-hour ozone NAAQS. 
EPA is in the process of establishing a new 8-hour ozone NAAQS, and 
expects to finalize the reconsidered NAAQS by July 2011. Today's 
action, however, relates only to the 1997 8-hour ozone NAAQS. 
Requirements for the bi-state Charlotte Area under the 2011 NAAQS will 
be addressed in the future.

II. What is the effect of this action?

    If this determination is made final, under the provisions of EPA's 
ozone implementation rule (see 40 CFR 51.918), it would suspend the 
requirement to submit attainment demonstrations and associated RACM 
analyses, RFP plans, contingency measures,\1\ and any other planning 
SIPs related to attainment of the 1997 8-hour ozone NAAQS. The clean 
data determination would continue until such time, if any, that EPA 
subsequently determines that the bi-state Charlotte Area has violated 
the 1997 8-hour ozone NAAQS. The clean data determination is separate 
from any future designation determination or requirements for the bi-
state Charlotte Area based on the revised or reconsidered ozone NAAQS, 
and would remain in effect regardless of whether EPA designates the bi-
state Charlotte Area as a nonattainment area for purposes of a future 
revised or reconsidered 8-hour ozone NAAQS.\2\ Furthermore, as 
described below, a final clean data determination is not equivalent to 
the redesignation of the bi-state Charlotte Area to attainment for the 
1997 8-hour ozone NAAQS. If this rulemaking is finalized and EPA 
subsequently determines, after notice-and-comment rulemaking in the 
Federal Register, that the bi-state Charlotte Area has violated the 
1997 8-hour ozone NAAQS, the basis for the suspension of the specific 
requirements, set forth at 40 CFR 51.918, would no longer exist, and 
the bi-state Charlotte Area would thereafter have to address pertinent 
requirements.
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    \1\ Contingency measures associated with a maintenance plan 
(such as if the States opt to redesignate this Area to attainment 
for the 1997 8-hour ozone NAAQS) would still be required.
    \2\ As noted above, at this time the proposed determination of 
attainment, if finalized, would suspend only those requirements 
related to attainment that are currently applicable to the bi-state 
Charlotte Area.
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    As mentioned above, finalizing this proposed action would not 
constitute a redesignation of the bi-state Charlotte Area to attainment 
of the 1997 8-hour ozone NAAQS under section 107(d)(3) of the CAA. 
Finalizing this proposed action does not involve approving maintenance 
plans for the bi-state Charlotte Area as required under section 175A of 
the CAA, or affirm that the Area has met all other requirements for 
redesignation. The designation status of the bi-state Charlotte Area 
would remain nonattainment for the 1997 8-hour ozone NAAQS until such 
time as EPA determines that it meets the CAA requirements for 
redesignation to attainment. The States of North Carolina and South 
Carolina are currently working on a redesignation request and 
maintenance plan to change the bi-state Charlotte Area's status from 
nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA will 
consider North Carolina and South Carolina's redesignation request and 
maintenance plan for the bi-state

[[Page 20295]]

Charlotte Area in a rulemaking separate from today's proposed action.
    This proposed action, if finalized, is limited to a determination 
that the bi-state Charlotte Area has attained the 1997 8-hour ozone 
NAAQS. As noted above, the 1997 8-hour ozone NAAQS became effective on 
July 18, 1997 (62 FR 38894), and are set forth at 40 CFR 50.10. On 
March 12, 2008, EPA promulgated revised 8-hour ozone NAAQS. 
Subsequently, on January 19, 2010, EPA published a proposed rule to 
reconsider the 2008 8-hour ozone NAAQS (75 FR 2938) and to propose a 
revised ozone NAAQS. Today's proposed determination for the bi-state 
Charlotte Area, and any final determination, will have no effect on, 
and is not related to, any future designation determination that EPA 
may make based on the revised or reconsidered ozone NAAQS for the Bi-
state Charlotte Area.
    If this proposed determination is made final and the bi-state 
Charlotte Area continues to demonstrate attainment with the 1997 8-hour 
ozone NAAQS, the obligation for the States of North Carolina and South 
Carolina to submit for the bi-state Charlotte Area an attainment 
demonstrations and associated RACM analyses, RFP plans, contingency 
measures, and any other planning SIPs related to attainment of the 1997 
8-hour ozone NAAQS will remain suspended regardless of whether EPA 
designates the bi-state Charlotte Area as a nonattainment area for 
purposes of the revised or reconsidered ozone NAAQS. Once the bi-state 
Charlotte Area is designated for the revised or reconsidered ozone 
NAAQS, it will have to meet all applicable requirements for that 
designation.

III. What is the background for this action?

    On July 18, 1997 (62 FR 38894), EPA promulgated a revised 8-hour 
ozone NAAQS of 0.08 parts per million (ppm) for both the primary and 
secondary standards. These NAAQS are more stringent than the previous 
1-hour ozone NAAQS. Under EPA regulations at 40 CFR part 50, the 8-hour 
ozone NAAQS is attained when the 3-year average of the annual fourth-
highest daily maximum 8-hour average ambient air quality ozone 
concentration is less than or equal to 0.08 ppm (i.e., 0.084 ppm when 
rounding is considered). Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. The ambient air 
quality monitoring data completeness requirement is met when the 
average percent of days with valid ambient monitoring data is greater 
than 90 percent, and no single year has less than 75 percent data 
completeness as determined in Appendix I of part 50. Specifically, 
section 2.3 of 40 CFR part 50, Appendix I, ``Comparisons with the 
Primary and Secondary Ozone Standards'' states:

    ``The primary and secondary ozone ambient air quality standards 
are met at an ambient air quality monitoring site when the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentration is less than or equal to 0.08 ppm. The number of 
significant figures in the level of the standard dictates the 
rounding convention for comparing the computed 3-year average annual 
fourth-highest daily maximum 8-hour average ozone concentration with 
the level of the standard. The third decimal place of the computed 
value is rounded, with values equal to or greater than 5 rounding 
up. Thus, a computed 3-year average ozone concentration of 0.085 ppm 
is the smallest value that is greater than 0.08 ppm.''

On April 30, 2004 (69 FR 23857), EPA published its air quality 
designations and classifications for the 1997 8-hour ozone NAAQS based 
upon air quality monitoring data from those monitors for calendar years 
2001-2003. These designations became effective on June 15, 2004. 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 and was designated nonattainment for the 1997 8-
hour ozone NAAQS. See 40 CFR part 81.

IV. What is EPA's analysis of the relevant air quality data?

    EPA has reviewed the three most recent years of complete, 
certified, quality assured and quality controlled ambient air 
monitoring data for the 1997 8-hour ozone NAAQS, consistent with the 
requirements contained in 40 CFR part 50, as recorded in the EPA Air 
Quality System (AQS) database for the bi-state Charlotte Area. Based on 
that review, EPA has preliminarily concluded that the bi-state 
Charlotte Area attained the 1997 8-hour ozone NAAQS during the 2008-
2010 monitoring period. Under EPA regulations at 40 CFR 50.10, the 1997 
8-hour primary and secondary ozone ambient air quality NAAQS are met at 
an ambient air quality monitoring site when the three-year average of 
the annual fourth-highest daily maximum 8-hour average concentration is 
less than or equal to 0.08 ppm, as determined in accordance with 
appendix I of 40 CFR part 50.
    Table 1 shows the design values (the metrics calculated in 
accordance with 40 CFR part 50, appendix I, for determining compliance 
with the NAAQS) for the 1997 8-hour ozone NAAQS for the bi-state 
Charlotte Area monitors for the years 2008-2010.

 Table 1--Design Values for Counties in the Bi-State Charlotte, North and South Carolina Nonattainment Area for
                                           the 1997 8-Hour Ozone NAAQS
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                                                                                                      2008-2010
              Location                      AQS site ID        2008 (ppm)   2009 (ppm)   2010 (ppm)     Design
                                                                                                     value (ppm)
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Lincoln County (NC).................  1487 Riverview Rd. (37-       0.079        0.065        0.072        0.072
                                       109-0004).
Mecklenburg County (NC).............  1130 Eastway Dr. (37-         0.085        0.069        0.082        0.078
                                       119-0041).
Mecklenburg County (NC).............  400 Westinghouse Blvd.        0.073        0.068        0.078        0.073
                                       (37-119-1005).
Mecklenburg County (NC).............  29 N @ Mecklenburg Cab        0.093        0.071        0.082        0.082
                                       Co. ( 37-119-1009).
Rowan County (NC)...................  301 West St. & Gold           0.084        0.071        0.077        0.077
                                       Hill Ave. (37-159-
                                       0021).
Rowan County (NC)...................  925 N Enochville Ave.         0.082        0.073        0.078        0.077
                                       (37-159-0022).
Union County (NC)...................  701 Charles St. (37-           0.08        0.067        0.071        0.072
                                       179-0003).
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    Table 2 shows the data completeness percentages for the 1997 8-
hours ozone NAAQS for the Atlanta Area monitors for the years 2008-
2010.

[[Page 20296]]



Table 2--Completeness Percentages for Counties in the Bi-State Charlotte, North and South Carolina Nonattainment
                                       Area or the 1997 8-Hour Ozone NAAQS
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                                                                                                      2008-2010
              Location                     AQS site ID         2008 (%)     2009 (%)     2010 (%)   Completeness
                                                                                                     average (%)
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Lincoln County (NC)................  1487 Riverview Rd. (37-          97           98           96            97
                                      109-0004).
Mecklen-...........................  1130 Eastway Dr (37-            100           97           99            99
burg County (NC)...................   119-0041).
Mecklen-...........................  400 Westinghouse Blvd.          100           97           99            99
burg County (NC)...................   (37-119-1005).
Mecklen-...........................  29 N @ Mecklenburg Cab           98           98           98            98
burg County (NC)...................   Co. ( 37-119-1009).
Rowan County (NC)..................  301 West St & Gold               93           91           95            93
                                      Hill Ave. (37-159-
                                      0021).
Rowan County (NC)..................  925 N Enochville Ave.            99           97           93            96
                                      (37-159-0022).
Union County (NC)..................  701 Charles St. (37-             98           96           98            97
                                      179-0003).
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    EPA's review of these data indicate that the bi-state Charlotte 
Area has met and continues to meet the 1997 8-hour ozone NAAQS. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

V. Proposed Action

    EPA is proposing to determine that the Charlotte-Gastonia-Rock 
Hill, North Carolina-South Carolina 1997 8-hour nonattainment area has 
attained the 1997 8-hour ozone NAAQS based on 2008-2010 complete, 
quality-assured, quality-controlled and certified monitoring data. As 
provided in 40 CFR 51.918, if EPA finalizes this determination, it 
would suspend the requirements for the States of North and South 
Carolina to submit, for the bi-state Charlotte Area, an attainment 
demonstrations and associated RACM analyses, RFP plans, contingency 
measures, and any other planning SIPs related to attainment of the 1997 
8-hour ozone NAAQS as long as the Area continues to attain the 1997 8-
hour ozone NAAQS.

VI. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on 
air quality, and would, if finalized, result in the suspension of 
certain federal requirements, and it would not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (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 proposed 1997 8-hour ozone clean NAAQS data determination for the 
bi-state Charlotte Area 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Oxides of nitrogen, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: March 31, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-8705 Filed 4-11-11; 8:45 am]
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