[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Proposed Rules]
[Pages 51246-51249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24059]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0751-200920; FRL-8965-9]
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: Proposed rule.
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SUMMARY: EPA is proposing to determine 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
attained the 1997 PM2.5
[[Page 51247]]
NAAQS. This proposed determination is based upon three years of
complete quality assured, quality controlled, and certified ambient air
monitoring data showing that this area has monitored attainment of the
1997 PM2.5 NAAQS for the years of 2006-2008. In addition,
monitoring data thus far available, but not yet certified, in the EPA
Air Quality System (AQS) database for 2009 show that this area
continues to meet the 1997 PM2.5 NAAQS. If this proposed
determination is made final, the requirement for the State of North
Carolina to submit an attainment demonstration and associated
reasonably available control measures (RACM), a reasonable further
progress (RFP) plan, contingency measures, and other planning State
Implementation Plans (SIPs) related to attainment of the standard for
the Hickory, North Carolina, PM2.5 nonattainment area, shall
be suspended. This requirement would remain suspended as long as this
area continues to meet the 1997 PM2.5 NAAQS.
DATES: Written comments must be received on or before November 5, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0751 by one of the following methods:
1. http://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-2009-0751,'' 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, 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-
2009-0751. 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 http://www.regulations.gov
or by e-mail information that you consider to be CBI or otherwise
protected. The http://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://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://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: 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].
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 Hickory, North Carolina,
PM2.5 nonattainment area has attained the 1997
PM2.5 NAAQS. This determination is based upon complete
quality assured, quality controlled, and certified ambient air
monitoring data for the years 2006-2008 showing that the area has
monitored attainment of the 1997 PM2.5 NAAQS. In addition,
quality controlled and quality assured monitoring data thus far
available, but not yet certified, in the EPA AQS database for 2009,
show that this area continues to meet the 1997 PM2.5 NAAQS.
II. What Is the Effect of This Action?
If this determination is made final, under the provisions of EPA's
PM2.5 implementation rule (see 40 CFR 51.1004(c)), the
requirement for the State of North Carolina to submit an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
any other planning SIPs related to attainment of the 1997
PM2.5 NAAQS for the Hickory, North Carolina,
PM2.5 nonattainment area, shall be suspended. This
requirement would remain suspended as long as this area continues to
meet the 1997 PM2.5 NAAQS.
As further discussed below, the proposed determination for the
Hickory, North Carolina, PM2.5 nonattainment area would: (1) Suspend
the requirement to submit an attainment demonstration and associated
RACM (including reasonably available control technologies), RFP plan,
contingency measures, and any other planning SIPs related to attainment
of the 1997 PM2.5 NAAQS; (2) continue until such time, if
any, that EPA subsequently determines that the area has violated the
1997 PM2.5 NAAQS; (3) be separate from, and not influence or
otherwise affect, any future designation determination or requirements
for the Hickory, North Carolina, area based on the 2006
PM2.5 NAAQS; and (4) remain in effect regardless of whether
EPA designates this area as a nonattainment area for purposes of the
2006 PM2.5 NAAQS. Furthermore, as described below, any
[[Page 51248]]
such final determination would not be equivalent to the redesignation
of the area to attainment based on the 1997 PM2.5 NAAQS.
If this rulemaking is finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that the
area has violated the 1997 PM2.5 NAAQS, the basis for the
suspension of the specific requirements, set forth at 40 CFR
51.1004(c), would no longer exist, and the area would thereafter have
to address pertinent requirements.
The determination that EPA proposes with this Federal Register
notice is not equivalent to a redesignation of the area to attainment.
This proposed action, if finalized, would not constitute a
redesignation to attainment under section 107(d)(3) of the Clean Air
Act (CAA) because we would not yet have an approved maintenance plan
for the area as required under section 175A of the CAA nor a
determination that the area has met the other requirements for
redesignation. The designation status of the area would remain
nonattainment for the 1997 PM2.5 NAAQS until such time as
EPA determines that it meets the CAA requirements for redesignation to
attainment.
This proposed action, if finalized, is limited to a determination
that the Hickory, North Carolina, PM2.5 nonattainment area
has attained the 1997 PM2.5 NAAQS. The 1997 PM2.5
NAAQS became effective on July 18, 1997 (62 FR 36852), and are set
forth at 40 CFR 50.7. The 2006 PM2.5 NAAQS, which became
effective on December 18, 2006 (71 FR 61144), are set forth at 40 CFR
50.13. EPA is currently in the process of making designation
determinations, as required by CAA section 107(d)(1), for the 2006
PM2.5 NAAQS. EPA has not made any designation determination
for the Hickory, North Carolina, area based on the 2006
PM2.5 NAAQS. This proposed determination, 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 2006
PM2.5 NAAQS for the Hickory, North Carolina, area.
Conversely, any future designation determination of the Hickory, North
Carolina, area, based on the 2006 PM2.5 NAAQS, will not have
any effect on the determination proposed by this notice.
If this proposed determination is made final and the Hickory, North
Carolina, area continues to demonstrate attainment with the 1997
PM2.5 NAAQS, the requirement for the State of North Carolina
to submit for the Hickory, North Carolina, PM2.5
nonattainment area an attainment demonstration and associated RACM, RFP
plan, contingency measures, and any other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS will remain suspended
regardless of whether EPA designates this area as a nonattainment area
for purposes of the 2006 PM2.5 NAAQS. Once the area is
designated for the 2006 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 36852), EPA established a health-based
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([micro]g/
m\3\) based on a 3-year average of annual mean PM2.5
concentrations, and a twenty-four hour standard of 65 [micro]g/m\3\
based on a 3-year average of the 98th percentile of 24-hour
concentrations. EPA established the standards based on significant
evidence and numerous health studies demonstrating that serious health
effects are associated with exposure to particulate matter. The process
for designating areas following promulgation of a new or revised NAAQS
is contained in section 107(d)(1) of the CAA. EPA and State air quality
agencies initiated the monitoring process for the 1997 PM2.5
NAAQS in 1999 and began operating all air quality monitors by January
2001. On January 5, 2005, EPA published its air quality designations
and classifications for the 1997 PM2.5 NAAQS based upon air
quality monitoring data from those monitors for calendar years 2001-
2003 (70 FR 944). These designations became effective on April 5, 2005.
The Hickory, North Carolina, area is composed of Catawba County, North
Carolina, and was designated nonattainment for the 1997
PM2.5 NAAQS (see 40 CFR part 81).
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
EPA has reviewed the ambient air monitoring data for
PM2.5, consistent with the requirements contained in 40 CFR
part 50, as recorded in the EPA AQS database for the Hickory, North
Carolina, PM2.5 nonattainment area. On the basis of that
review, EPA has concluded that this area attained the 1997
PM2.5 NAAQS during the 2006-2008 monitoring period. Under
EPA regulations at 40 CFR 50.7:
(1) The annual primary and secondary PM2.5 standards are
met when the annual arithmetic mean concentration, as determined in
accordance with 40 CFR Part 50, Appendix N, is less than or equal to
15.0 [micro]g/m\3\.
(2) The 24-hour primary and secondary PM2.5 standards
are met when the 98th percentile 24-hour concentration, as determined
in accordance with 40 CFR Part 50, Appendix N, is less than or equal to
65 [micro]g/m\3\.
Table 1 shows the design values (the metrics calculated in
accordance with 40 CFR part 50, appendix N, for determining compliance
with the NAAQS) for the 1997 Annual PM2.5 NAAQS for the
Hickory, North Carolina, nonattainment area monitors for the years
2006-2008. Table 2 shows the design values for the 1997 24-hour
PM2.5 NAAQS for these same monitors and for the same 3-year
period.
Table 1--Design Value for Counties in the Hickory, North Carolina Nonattainment Area for 1997 PM2.5 NAAQS--Annual Standard
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2006-2008 design
Location AQS site ID 2006 average 2007 average 2008 average value
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Catawba County...................................... 37-035-0004 15.163 14.592 12.806 14.2
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Table 2--Design Value for Counties in the Hickory, North Carolina Nonattainment Area for 1997 PM2.5 NAAQS--24-Hour Standard
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2006 98th 2007 98th 2008 98th 2006-2008 design
Location AQS site ID percentile percentile percentile value
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Catawba County...................................... 37-035-0004 32.9 30.7 25.2 30
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[[Page 51249]]
EPA's review of these data indicates that the Hickory, North
Carolina, nonattainment area has met and continues to meet the 1997
PM2.5 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 Hickory, North Carolina,
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5 NAAQS based on 2006-2008 monitoring data. As
provided in 40 CFR 51.1004(c), if EPA finalizes this determination, it
will suspend the requirement for the State of North Carolina to submit
for this area an attainment demonstration and associated RACM, RFP
plan, contingency measures, and any other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS as long as the area
continues to attain the 1997 PM2.5 NAAQS.
VI. Statutory and Executive Order Reviews
This action proposes to make a determination based on air quality
data, and would, if finalized, result in the suspension of certain
Federal requirements. 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 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E9-24059 Filed 10-5-09; 8:45 am]
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