[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Rules and Regulations]
[Pages 26441-26444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10730]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0355(b); FRL-9666-7]


Approval and Promulgation of Implementation Plans; North 
Carolina; Charlotte; Ozone 2002 Base Year Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the ozone 2002 
base year emissions inventory portion of the state implementation plan 
(SIP) revision submitted by the State of North Carolina November 12, 
2009. The emissions inventory is part of the Charlotte-Gastonia-Rock 
Hill, North Carolina ozone attainment demonstration that was submitted 
for the 1997 8-hour ozone national ambient air quality standards 
(NAAQS). 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. This action is being taken pursuant 
to section 110 of the Clean Air Act (CAA or Act). EPA will take action 
on the South Carolina submission for the ozone 2002 base year emissions 
inventory for its portion of the bi-state Charlotte Area in a separate 
action.

DATES: This direct final rule is effective July 3, 2012 without further 
notice, unless EPA receives adverse comment by June 4, 2012. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0355(b), by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2012-0355(b),'' 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.
    5. Hand Delivery or Courier: Lynorae Benjamin, 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-
2012-0355(b). EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at 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 
www.regulations.gov or email, information that you consider to be CBI 
or otherwise protected. The 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 email comment directly to EPA without 
going through www.regulations.gov, your email 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://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
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 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: Sara Waterson, 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) 
562-9061. Ms. Waterson can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Analysis of State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews


[[Page 26442]]



I. Background

    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of 
0.08 parts per million (ppm). Under EPA's regulations at 40 CFR part 
50, the 1997 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 concentrations is less than or equal to 0.08 ppm (i.e., 
0.084 ppm when rounding is considered) (69 FR 23857, April 30, 2004). 
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.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS, 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. The bi-state Charlotte Area was 
designated nonattainment for the 1997 8-hour ozone NAAQS on April 30, 
2004 (effective June 15, 2004) using 2001-2003 ambient air quality data 
(69 FR 23857, April 30, 2004). At the time of designation the bi-state 
Charlotte Area was classified as a moderate nonattainment area for the 
1997 8-hour ozone NAAQS. In the April 30, 2004, Phase I Ozone 
Implementation Rule, EPA established ozone nonattainment area 
attainment dates based on Table 1 of section 181(a) of the CAA. This 
established an attainment date six years after the June 15, 2004, 
effective date for areas classified as moderate areas for the 1997 8-
hour ozone nonattainment designations. Section 181 of the CAA explains 
that the attainment date for moderate nonattainment areas shall be as 
expeditiously as practicable, but no later than six years after 
designation, or June 15, 2010. Therefore, the bi-state Charlotte Area's 
original attainment date was June 15, 2010. See 69 FR 23951, April 30, 
2004.
    On November 12, 2009,\1\ North Carolina submitted an attainment 
demonstration and associated reasonably available control measures 
(RACM), a reasonable further progress (RFP) plan, contingency measures, 
a 2002 base year emissions inventory and other planning SIP revisions 
related to attainment of the 1997 8-hour ozone NAAQS in the bi-state 
Charlotte Area (hereafter referred to as the ``North Carolina's 
nonattainment submissions for the 1997 8-hour ozone NAAQS for the bi-
state Charlotte Area''). A supplement to the RFP was submitted on 
November 30, 2009.
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    \1\ North Carolina withdrew a June 15, 2007, attainment 
demonstration SIP for its portion of the Charlotte-Gastonia-Rock 
Hill 1997 8-hour ozone area on December 19, 2008, and committed to 
submit a revised SIP by November 30, 2009. On November 12, 2009, 
North Carolina resubmitted the attainment demonstration SIP for the 
North Carolina portion of the Charlotte-Gastonia-Rock Hill 1997 8-
hour ozone area.
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    The bi-state Charlotte Area did not attain the 1997 8-hour ozone 
NAAQS by June 15, 2010 (the applicable attainment date for moderate 
nonattainment areas); however, the Area qualified for an extension of 
the attainment date. Under certain circumstances, the CAA allows for 
extensions of the attainment dates prescribed at the time of the 
original nonattainment designation. In accordance with CAA section 
181(a)(5), EPA may grant up to 2 one-year extensions of the attainment 
date under specified conditions. On May 31, 2011, EPA determined that 
North Carolina met the CAA requirements to obtain a one-year extension 
of the attainment date for the 1997 8-hour ozone NAAQS for the bi-state 
Charlotte Area. See 76 FR 31245. As a result, EPA extended the bi-state 
Charlotte Area's attainment date from June 15, 2010, to June 15, 2011, 
for the 1997 8-hour ozone NAAQS.
    Subsequently, on November 15, 2011 (76 FR 70656), EPA determined 
that the bi-state Charlotte Area attained the 1997 8-hour ozone NAAQS. 
The determination of attaining data was based upon complete, quality-
assured and certified ambient air monitoring data for the 2008-2010 
period, showing that the Area had monitored attainment of the 1997 8-
hour ozone NAAQS. The requirements for the Area to submit an attainment 
demonstration and associated RACM, RFP plan, contingency measures, and 
other planning SIP revisions related to attainment of the standard were 
suspended as a result of the determination of attainment, so long as 
the Area continues to attain the 1997 8-hour ozone NAAQS. See 40 CFR 
52.1779(a).
    On December 21, 2011, North Carolina withdrew the bi-state 
Charlotte Area's attainment demonstration, contingency measures, and 
associated RACM as allowed by 40 CFR 51.918 for its portion of this 
Area; however, the emissions inventory requirement found in CAA section 
182(a)(1), which requires submission and approval of a comprehensive, 
accurate, and current inventory of actual emissions, is not suspended 
by a determination of attainment. Accordingly, North Carolina has not 
withdrawn its emission inventory for the 1997 8-hour ozone NAAQS, and 
EPA is now taking direct final action to approve this portion of the 
SIP revision submitted by the State of North Carolina on November 12, 
2009, as required by section 182(a)(1).

II. Analysis of State's Submittal

    As discussed above, section 182(a)(1) of the CAA requires areas to 
submit a comprehensive, accurate and current inventory of actual 
emissions from all sources of the relevant pollutant or pollutants in 
such area. North Carolina selected 2002 as base year for the emissions 
inventory pursuant to 40 CFR 51.915. Emissions contained in North 
Carolina's portion of the bi-state Charlotte attainment plan cover the 
general source categories of stationary point and area sources, non-
road and on-road mobile sources, and biogenic sources. A detailed 
discussion of the emissions inventory development can be found in 
Appendix E of the North Carolina submittal. The 2002 nitrogen oxides 
(NOX) baseline emissions inventory, including partial county 
emissions for Iredell, can be found in Appendix P of the submittal. The 
2002 volatile organic compounds (VOC) baseline emissions inventory, 
including partial county emissions for Iredell, can be found in 
Appendix O of the submittal. The table below provides a summary of the 
emissions inventories. A detailed account of the point sources can be 
found in Appendix E of the November 12, 2009, submittal, which can be 
found in the docket for today's action using Docket ID No. EPA-R04-OAR-
2010-0504.

[[Page 26443]]



                       Table 1--2002 Point and Area Sources Annual Emissions for the North Carolina Portion of the Charlotte Area
                                                                  [Tons per summer day]
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                                                                          Point                 Area                Non-road               Mobile
                             County                              ---------------------------------------------------------------------------------------
                                                                     NOX        VOC        NOX        VOC        NOX        VOC        NOX        VOC
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Cabarrus........................................................        2.6        2.2        0.8        6.0        5.4        2.7       17.2       21.5
Gaston..........................................................       34.8        2.5        1.3        8.9        4.9        2.9       20.0       13.5
Iredell (partial) *.............................................        8.5        0.9        0.3        1.9        1.4        0.9        5.6        5.1
Lincoln.........................................................        0.3        2.1        0.5        3.1        1.9        1.3        6.1        7.1
Mecklenburg.....................................................        2.1        5.7        7.0       29.4       32.1       24.1       78.7       68.0
Rowan...........................................................       11.0        6.3        0.8        5.6        4.1        2.3       19.7       14.8
Union...........................................................        0.2        1.0        1.0        6.4        7.7        4.7       11.3       13.0
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* Only part of Iredell County is in the nonattainment area.

    The 182(a)(1) emissions inventory is developed by the incorporation 
of data from multiple sources. States were required to develop and 
submit to EPA a triennial emissions inventory according to the 
Consolidated Emissions Reporting Rule for all source categories (i.e., 
point, area, non-road mobile and on-road mobile). This inventory often 
forms the basis of data that are updated with more recent information 
and data that also is used in their attainment demonstration modeling 
inventory. Such was the case in the development of the 2002 emissions 
inventory that was submitted in the State's attainment demonstration 
SIP for this Area. The 2002 emissions inventory was based on data 
developed with the Visibility Improvement State and Tribal Association 
of the Southeast (VISTAS) contractors and submitted by the States to 
the 2002 National Emissions Inventory. Several iterations of the 2002 
inventories were developed for the different emissions source 
categories resulting from revisions and updates to the data. Data from 
many databases, studies and models (e.g., vehicle miles traveled, fuel 
programs, the NONROAD 2002 model data for commercial marine vessels, 
locomotives and Clean Air Market Division, etc.) resulted in the 
inventory submitted in this SIP. The data were developed according to 
current EPA emissions inventory guidance ``Emissions Inventory Guidance 
for Implementation of Ozone and Particulate Matter National Ambient Air 
Quality Standards (NAAQS) and Regional Haze Regulations'' (August 2005) 
and a quality assurance project plan that was developed through VISTAS 
and approved by EPA. EPA agrees that the process used to develop this 
inventory was adequate to meet the requirements of CAA section 
182(a)(1) and the implementing regulations.
    EPA has reviewed North Carolina's emissions inventory for its 
portion of the bi-state Charlotte Area for the 1997 8-hour ozone NAAQS 
and finds that it is adequate for the purposes of meeting section 
182(a)(1) emissions inventory requirement. The emissions inventory is 
approvable because the emissions were developed consistent with the 
CAA, implementing regulations and EPA guidance for emission 
inventories.

III. Final Action

    EPA is approving the 2002 base year emissions inventory portion of 
the North Carolina's 1997 8-hour ozone attainment demonstration SIP 
revision for the bi-state Charlotte Area submitted by the State of 
North Carolina on November 12, 2009. This action is being taken 
pursuant to section 110 of the CAA. On March 12, 2008, EPA issued a 
revised ozone NAAQS. See 73 FR 16436. The current action, however, is 
being taken to address requirements under the 1997 8-hour ozone NAAQS. 
Requirements for the North Carolina portion of the Charlotte Area under 
the 2008 ozone NAAQS will be addressed in the future. EPA is publishing 
this rule without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal to approve the SIP revision should adverse comments be 
filed. This rule will be effective July 3, 2012 without further notice 
unless the Agency receives adverse comments by June 4, 2012.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on July 3, 2012 and no 
further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 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);

[[Page 26444]]

     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.
    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 July 3, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 18, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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.

Subpart II--North Carolina

0
2. Section 52.1770(e), is amended by adding a new entry for ``North 
Carolina portion of bi-state Charlotte; 1997 8-Hour Ozone 2002 Base 
Year Emissions Inventory'' to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
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                                            State       EPA approval
              Provision                effective date       date               Federal Register citation
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                                                  * * * * * * *
North Carolina portion of bi-state         11/12/2009        5/4/2012   [Insert citation of publication].
 Charlotte; 1997 8-Hour Ozone 2002
 Base Year Emissions Inventory.
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[FR Doc. 2012-10730 Filed 5-3-12; 8:45 am]
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