[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Rules and Regulations]
[Pages 71452-71455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29769]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2009-1010-201158; FRL-9493-5]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; North Carolina: 
Redesignation of the Hickory-Morganton-Lenoir 1997 Annual Fine 
Particulate Matter Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: EPA is taking final action to approve a request submitted on 
December 18, 2009, and supplemented on December 22, 2010, from the 
State of North Carolina, through the North Carolina Department of 
Environment and Natural Resources (NC DENR), Division of Air Quality 
(DAQ), to redesignate the Hickory-Morganton-Lenoir fine particulate 
matter (PM2.5) nonattainment area (hereafter the ``Hickory 
Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 
National Ambient Air Quality Standards (NAAQS). The Hickory Area is 
comprised of Catawba County in its entirety. EPA's approval of the 
redesignation request is based on the determination that the State of 
North Carolina has met the criteria for redesignation to attainment set 
forth in the Clean Air Act (CAA or Act), including the determination 
that the Hickory Area has attained the 1997 Annual PM2.5 
NAAQS by its applicable attainment date of April 5, 2010. Additionally, 
EPA is approving a revision to the North Carolina State Implementation 
Plan (SIP) to include the 1997 Annual PM2.5 maintenance plan 
for the Hickory Area that contains the new motor vehicle emission 
budgets (MVEBs) for nitrogen oxides (NOX) for the years 2011 
and 2021 for Catawba County and the mobile insignificance determination 
for direct PM2.5 for the Hickory Area. This action also 
approves the emissions inventory submitted with the maintenance plan. 
Further, EPA is correcting a typographical error for the citation 
associated with a previous adequacy determination the Agency made for 
the NOX MVEBs for Catawba County and the mobile source 
insignificance determination for direct PM2.5 for the 
Hickory Area.

DATES: Effective Date: This rule will be effective December 19, 2011.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2009-1010. 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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Madolyn Dominy or 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. Madolyn 
Dominy may be reached by phone at (404) 562-9644 or via electronic mail 
at [email protected]. Joel Huey may be reached by phone at (404) 
562-9104 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background for the actions?
II. What are the actions EPA is taking?
III. Why is EPA taking these actions?
IV. What are the effects of these actions?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On December 18, 2009, and supplemented on December 22, 2010, the 
State of North Carolina, through NC DENR, submitted a request to 
redesignate the Hickory Area to attainment for the 1997 Annual 
PM2.5 NAAQS, and for EPA approval of the North Carolina SIP 
revisions containing a maintenance plan for the Area. In an action 
published on September 20, 2011 (76 FR 58210), EPA proposed approval of 
North Carolina's plan for maintaining the 1997 Annual PM2.5 
NAAQS, including the emissions inventory submitted pursuant to CAA 
section 172(c)(3) and the NOX MVEBs for Catawba County and 
the mobile insignificance determination for direct PM2.5 for 
the Hickory Area as contained in the maintenance plan. At that time, 
EPA also proposed to approve the redesignation of the Hickory Area to 
attainment. Additional background for today's action is set forth in 
EPA's September 20, 2011, proposal.
    The MVEBs, specified in kilograms per year (kg/yr), included in the 
maintenance plan are as follows:

                      Table 1--Catwaba County MVEBs
                                 [kg/yr]
------------------------------------------------------------------------
               Conformity MVEB                    2011          2021
------------------------------------------------------------------------
NOX.........................................    3,996,601     2,236,028
------------------------------------------------------------------------

    In its September 20, 2011, proposed action, EPA noted that the 
adequacy public comment period on these MVEBs (as contained in North 
Carolina's submittal) began on November 23, 2010, and closed on 
December 23, 2010. No comments were received during the public comment 
period. Thus, EPA deemed the new MVEBs for Catawba County and the 
mobile source insignificance determination for PM2.5 in the 
Hickory Area adequate for the purposes of transportation conformity on 
May 2, 2011 (76 FR 24475).
    As stated in the September 20, 2011, proposal, this redesignation 
addresses the Hickory Area's status solely with respect to the 1997 
Annual PM2.5 NAAQS, for which designations were finalized on 
January 5, 2005 (70 FR 944), and as supplemented on April 14, 2005 (70 
FR 19844).
    EPA reviewed PM2.5 monitoring data from ambient 
PM2.5 monitoring stations in the Hickory Area for the 
PM2.5 seasons from 2007-2009. These data have been quality-
assured and are recorded in Air Quality System (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 2. EPA has reviewed more recent data which indicate that the 
Hickory Area

[[Page 71453]]

continues to attain the 1997 PM2.5 NAAQS. The design values 
for 2007-2009 and 2008-2010 are also included in Table 2 and 
demonstrate that the Hickory Area continues to meet the 
PM2.5 NAAQS and that the ambient concentrations of 
PM2.5 are continuing to decrease in the Area. Preliminary 
monitoring data for the 2011 PM2.5 season indicate that the 
Area is continuing to attain the 1997 Annual PM2.5 NAAQS 
based on data from 2009-2011. These preliminary data are available in 
the docket for today's action although they are not yet certified.

                         Table 2--Design Value Concentrations for the Hickory 1997 Annual PM2.5 Nonattainment Area ([mu]g/m \3\)
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                                                                                          Annual average PM2.5 concentrations  ([mu]g/m \3\)
               County                        Site name          Monitor ID   ---------------------------------------------------------------------------
                                                                                  2006          2007          2008          2009             2010
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Catawba.............................  Hickory...............     37-035-0004        15.18         14.62         12.75         10.32               11.23
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                                                         Three-year PM2.5 design values ([mu]g/m\3\)
                                     -------------------------------------------------------------------------------------------------------------------
                                                     2006-2008
                                                     2007-2009                  2008-2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catawba.............................  Hickory...............     37-035-0004             14.2
                                                       12.6                          11.4
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II. What are the actions EPA is taking?

    In today's rulemaking, EPA is approving: (1) North Carolina's 
emissions inventory which was submitted pursuant to CAA section 
172(c)(3); (2) North Carolina's 1997 Annual PM2.5 
maintenance plan (such approval being one of the CAA criteria for 
redesignation to attainment status) for the Hickory Area, including 
NOX MVEBs and mobile source insignificance determination for 
direct PM2.5; and (3) North Carolina's redesignation request 
to change the legal designation of the Hickory Area from nonattainment 
to attainment for the 1997 Annual PM2.5 NAAQS. The 
maintenance plan is designed to demonstrate that the Hickory Area will 
continue to attain the 1997 Annual PM2.5 NAAQS through 2021. 
EPA's approval of the redesignation request is based on EPA's 
determination that the Hickory Area meets the criteria for 
redesignation set forth in CAA, sections 107(d)(3)(E) and 175A, 
including EPA's determination that the Hickory Area has attained the 
1997 Annual PM2.5 NAAQS. EPA's analyses of North Carolina's 
redesignation request, emissions inventory, and maintenance plan are 
described in detail in the September 20, 2011, proposed rule (76 FR 
58210).
    Consistent with the CAA, the maintenance plan that EPA is approving 
also includes 2011 and 2021 NOX MVEBs for Catawba County and 
the mobile source insignificance determination for direct 
PM2.5 in the Hickory Area. In this action, EPA is approving 
these NOX MVEBs for Catawba County and the mobile source 
insignificance determination for direct PM2.5 in the Hickory 
Area for the purposes of transportation conformity. For required 
regional emissions analysis years beyond 2011 and prior to 2021, the 
applicable budgets will be the new 2011 NOX MVEBs. For 
required regional emissions analysis years that involve 2021 or beyond, 
the applicable budgets will be the new 2021 NOX MVEBs.
    EPA is also correcting an inadvertent typographical error for the 
citation (in EPA's September 20, 2011, proposed rulemaking) associated 
with EPA's adequacy determination for the NOX MVEBs for 
Catawba County and the mobile source insignificance determination for 
direct PM2.5 for the Hickory Area. In EPA's September 20, 
2011 proposed rulemaking, EPA provides the citation for the adequacy 
determination for the NOX MVEBs for Catawba County and the 
mobile source insignificance determination for direct PM2.5 
for the Hickory Area as 76 FR 24472 in the second to last paragraph in 
the section entitled ``X. Proposed Actions on the Redesignation Request 
and Maintenance Plan SIP Revision Including Approval of the 
NOX MVEBs for 2011 and 2021 and the Direct PM2.5 
Insignificance Determination for the Hickory Area.'' The correct 
citation is 76 FR 24475. Through this action, EPA is making this 
correction.

III. Why is EPA taking these actions?

    EPA has determined that the Hickory Area has attained the 1997 
Annual PM2.5 NAAQS and has also determined that all other 
criteria for the redesignation of the Hickory Area from nonattainment 
to attainment of the 1997 Annual PM2.5 NAAQS have been met. 
See CAA section 107(d)(3)(E). One of those requirements is that the 
Hickory Area has an approved plan demonstrating maintenance of the 1997 
Annual PM2.5 NAAQS. EPA is also taking final action to 
approve the maintenance plan for the Hickory Area as meeting the 
requirements of sections 175A and 107(d)(3)(E) of the CAA. In addition, 
EPA is approving the emissions inventory as meeting the requirements of 
section 172(c)(3) of the CAA. Finally, EPA is approving the new 
NOX MVEBs for the years 2011 and 2021 for Catawba County and 
the mobile source insignificance determination for direct 
PM2.5 for the Hickory Area as contained in North Carolina's 
maintenance plan because these MVEBs and the insignificance 
determination are consistent with maintenance of the 1997 Annual 
PM2.5 standard in the Hickory Area. The detailed rationale 
for EPA's determinations and actions are set forth in the proposed 
rulemaking and in other discussion in this final rulemaking.

IV. What are the effects of these actions?

    Approval of the redesignation request changes the legal designation 
of Catawba County in its entirety from nonattainment to attainment for 
the 1997 Annual PM2.5 NAAQS. EPA is modifying the regulatory 
table in 40 CFR 81.334 to reflect a designation of attainment for these 
full and partial counties. EPA is also approving, as a revision to the 
North Carolina SIP, North Carolina's plan for maintaining the 1997 
Annual PM2.5 NAAQS in the Hickory Area through 2021. The 
maintenance plan includes contingency measures to remedy possible 
future violations of the 1997 Annual PM2.5 NAAQS and 
establishes NOX MVEBs for the years 2011 and 2021 for 
Catawba County and an insignificance determination for direct 
PM2.5 for the Hickory Area. Additionally, this action 
approves the emissions inventory for the Hickory Area pursuant to 
section 172(c)(3) of the CAA.

[[Page 71454]]

V. Final Action

    EPA is taking final action to approve the redesignation and change 
the legal designation of Catawba County in its entirety from 
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS. 
EPA is also approving into the North Carolina SIP the 1997Annual 
PM2.5 maintenance plan for the Hickory Area, which includes 
the new NOX MVEBs of 3,996,601 kg/yr for 2011 and 2,236,028 
kg/yr for 2021 for Catawba County. Further, EPA is approving the 
insignificance determination for direct PM2.5 for the 
Hickory Area.
    Additionally, EPA is approving the 2008 emissions inventory for the 
Hickory Area pursuant to section 172(c)(3) of the CAA. In a previous 
action, EPA found the new Catawba County NOX MVEBs and the 
mobile source direct PM2.5 insignificance determination for 
the Hickory Area adequate for the purposes of transportation conformity 
(76 FR 24475, May 2, 2011). Within 24 months from the effective date of 
EPA's adequacy determination, the transportation partners will need to 
demonstrate conformity to the new NOX MVEBs pursuant to 40 
CFR 93.104(e) and will need to document the mobile source direct 
PM2.5 insignificance determination for the PM2.5 
NAAQS in future conformity determinations (76 FR 24475).

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA 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 required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application 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, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For these reasons, these actions:
     Are 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);
     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 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 final 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.
    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).
    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 January 17, 2012. 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 may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects

 40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks.

    Dated: November 7, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are 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.

Subpart II--North Carolina

0
2. Section 52.1770(e) is amended by adding two new entries ``1997 
Annual PM2.5 Maintenance Plan for the Hickory, North 
Carolina Area (Catawba County)'' and ``1997 Annual PM2.5 
Maintenance Plan for the Hickory, North Carolina Area--MOVES Update'' 
at the end of the table to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

[[Page 71455]]



                              EPA-Approved North Carolina Non-Regulatory Provisions
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                                    State effective    EPA approval
             Provision                    date             date                Federal Register citation
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                                                  * * * * * * *
1997 Annual PM2.5 Maintenance Plan         12/18/09         11/18/11  [Insert citation of publication].
 for the Hickory, North Carolina
 Area (Catawba County).
1997 Annual PM2.5 Maintenance Plan         12/22/10         11/18/11  [Insert citation of publication].
 for the Hickory, North Carolina
 Area--MOVES Update.
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.334, the table entitled ``North Carolina--
PM2.5 (Annual NAAQS)'' is amended under ``Hickory-Morganton-
Lenoir, NC'' by revising the entry for ``Catawba County'' to read as 
follows:


Sec.  81.334  North Carolina.

* * * * *

                  North Carolina--PM2.5 (Annual NAAQS)
------------------------------------------------------------------------
                                             Designation a
       Designated area       -------------------------------------------
                                     Date 1                 Type
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
                      Hickory-Morganton-Lenoir, NC:
------------------------------------------------------------------------
Catawba County..............  This action is        Attainment.
                               effective 11/18/11.
 
                              * * * * * * *
------------------------------------------------------------------------
a Includes Indian Country located in each county or area, except as
  otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.

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[FR Doc. 2011-29769 Filed 11-17-11; 8:45 am]
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