[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Proposed Rules]
[Pages 51249-51252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24057]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0561-200919; FRL-8965-8]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; North
Carolina: Greensboro-Winston Salem-High Point; 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 Greensboro-Winston
Salem-High Point, North Carolina, (hereafter referred to as
``Greensboro, North Carolina'') nonattainment area for the 1997 fine
particulate matter (PM2.5) National Ambient Air Quality
Standard (NAAQS) has attained the 1997 PM2.5 NAAQS. This
proposed determination is based upon complete, quality assured, quality
controlled, and certified ambient air monitoring data for the years
2006-2008 showing that this area has monitored attainment of the 1997
PM2.5 NAAQS. 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 Greensboro, 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-2009-0561 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-2009-0561,'' 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-
2009-0561. 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://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
[[Page 51250]]
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
http://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://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 Greensboro, 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,
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 Greensboro, 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
Greensboro, 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 Greensboro, 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 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 Greensboro, 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 Greensboro, 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 Greensboro, North Carolina, area.
Conversely, any future designation determination of the Greensboro,
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 Greensboro,
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 Greensboro, 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.
[[Page 51251]]
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 ([mu]g/m\3\)
based on a 3-year average of annual mean PM2.5
concentrations, and a twenty-four hour standard of 65 [mu]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 Greensboro, North Carolina, area is comprised of Davidson County
and Guilford 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 Greensboro, 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 [mu]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 [mu]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
Greensboro, 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 for the same 3-year
period.
Table 1--Design Value for Counties in the Greensboro, 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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Davidson County.......................................... 37-057-0002 15.126 14.636 13.611 14.5
Guilford County.......................................... 37-081-0013 14.497 13.140 11.577 13.1
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Table 2--Design Value for Counties in the Greensboro, 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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Davidson County.......................................... 37-057-0002 31.0 30.9 24.7 29
Guilford County.......................................... 37-081-0013 31.3 28.4 24.6 28
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EPA's review of these data indicates that the Greensboro, 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 Greensboro, 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 requirements 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
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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.
Dated: September 28, 2009.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E9-24057 Filed 10-5-09; 8:45 am]
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