Approval and Promulgation of Air Quality Implementation Plans; North Carolina; Attainment Demonstration of the Mountain, Unifour, Triad and Fayetteville Early Action Compact Areas, 30389-30396 [05-10473]
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action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This proposed action merely
proposes to approve state law as
meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this proposed rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this rule
proposes to approve pre-existing
requirements under state law and does
not impose any additional enforceable
duty beyond that required by state law,
it 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).
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to approve a state rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state actions, provided
that they meet the criteria of the Clean
Air Act. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
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EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This proposed
rule does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05–10472 Filed 5–25–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R04–OAR–2004–NC–0005–200513; FRL–
7917–8]
Approval and Promulgation of Air
Quality Implementation Plans; North
Carolina; Attainment Demonstration of
the Mountain, Unifour, Triad and
Fayetteville Early Action Compact
Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The EPA is proposing to
approve revisions to the State
Implementation Plan (SIP) submitted by
the State of North Carolina through the
Department of Environment and Natural
Resources (DENR) on December 21,
2004. These revisions are submitted
pursuant to the Early Action Compact
(EAC) protocol 1 and will result in
emission reductions needed to attain
and maintain the 8-hour ozone National
Ambient Air Quality Standard (NAAQS)
in the Mountain, Unifour, Triad and
Fayetteville EAC areas (the North
Carolina EAC Areas). EPA is proposing
approval of the photochemical modeling
used by North Carolina to support the
1 The EAC Protocol can be found at https://
www.epa.gov/air/eac/ and in Regional Materials in
Edocket (RME) ID No. R04–OAR–2004–NC–0005
(see the ADDRESSES section of this notice for further
information on RME).
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attainment demonstration of the 8-hour
ozone standard within these areas. The
proposed revisions further incorporate
the local control measures of the
Mountain, Unifour, Triad and
Fayetteville EAC area agreements into
the SIP.
DATES: Written comments must be
received on or before June 27, 2005.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID No. R04–OAR–2004–
NC–0005, by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/. RME, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: spann.jane@epa.gov.
4. Fax: 404–562–9019.
5. Mail: ‘‘R04–OAR–2004–NC–0005’’,
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.
6. Hand Delivery or Courier: Deliver
your comments to: Jane Spann,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division 12th floor,
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
RME ID No. R04–OAR–2004–NC–0005.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through RME, regulations.gov, or e-mail
if you believe that it is CBI or otherwise
protected from disclosure. The EPA
RME Web site and the Federal
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regulations.gov are ‘‘anonymous access’’
systems, 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 RME or 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.
Docket: All documents in the
electronic docket are listed in the RME
index at https://docket.epa.gov/rmepub/.
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 RME or
in the official file which is available 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 contact 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, 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) 562–9029.
Ms. Spann can also be reached via
electronic mail at spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION: The use of
‘‘we,’’‘‘us,’’or ‘‘our’’ in this document
refers to EPA.
Table of Contents
I. What action are we proposing?
II. What is a SIP?
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III. What is ozone and the purpose of the 8hour ozone standard?
IV. What is an EAC?
V. What are the North Carolina EAC areas
and their respective 8-hour ozone
designations?
VI. How is attainment demonstrated for the
8-hour ozone standard with a
photochemical model?
VII. What measures are included in this EAC
SIP submittal?
VIII. What happens if the area does not meet
the EAC commitments or milestones?
IX. Why are we proposing to approve this
EAC SIP submittal?
X. Proposed Action
XI. Statutory and Executive Order Reviews
I. What Action Are We Proposing?
Today we are proposing to approve
revisions to the North Carolina SIP
under sections 110 and 116 of the Clean
Air Act (‘‘CAA’’ or ‘‘The Act’’). These
revisions demonstrate attainment and
maintenance of the 8-hour ozone
standard, 0.08 parts per million (ppm),2
within the Mountain, Unifour, Triad
and Fayetteville EAC areas (the North
Carolina EAC Areas) by 2007, and
incorporate the control measures
developed by these EACs into the North
Carolina SIP. The North Carolina EACs
are agreements between the North
Carolina DENR, local governments and
EPA. The intent of these agreements is
to reduce ozone pollution and thereby
attain and maintain the 8-hour ozone
standard by 2007, sooner than required
by CAA for areas designated
nonattainment. Section VII of this
rulemaking describes the control
measures that will be implemented
within the North Carolina EAC areas.
II. What Is a SIP?
The ‘‘SIP’’ is the State Implementation
Plan required by section 110 of the CAA
and its implementing regulations. In
essence, the SIP is a set of air pollution
regulations, control strategies, and
technical analyses developed by the
State to ensure that the State meets the
National Ambient Air Quality Standards
(NAAQS). Once included in the SIP,
these regulations, strategies, and
analyses are federally enforceable by
EPA. The NAAQS are established under
section 109 of the Act and they
currently address six criteria pollutants:
carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. These SIPs can be
extensive, containing state regulations
or other enforceable documents and
supporting information such as
emission inventories, monitoring
networks, and modeling
demonstrations. As is discussed in
2 The 8-hour ozone standard was promulgated on
July 18, 1997 (62 FR 38856).
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greater detail below, SIP revisions
relating to attainment of the 8-hour
ozone standard, submitted by North
Carolina on December 21, 2004 are now
being proposed.
III. What Is Ozone and the Purpose of
the 8-hour Ozone Standard?
Ozone is formed by a series of
chemical reactions involving nitrogen
oxides (NOX), the result of combustion
processes, and reactive organic gases,
also termed volatile organic compounds
(VOCs). NOX and VOCs are emitted into
the air through many sources such as
vehicles, power plants and other
industrial facilities. Ozone and its
precursors have many adverse effects on
human health and can cause the
following: irritation of the respiratory
system, reduction of lung function
(making it more difficult to breathe),
aggravation of asthma, inflammation
and damage to the lining of the lungs,
and an increase in the risk of hospital
admissions and doctor visits for
respiratory problems. In order to reduce
ozone it is necessary to reduce NOX and
VOCs, ozone precursors. Consistent
with the Act, ozone reductions are
achieved by establishing NAAQS, such
as the 8-hour ozone standard, and
implementing the measures necessary to
reduce ozone and its precursors. In the
April 30, 2004, (69 FR 23858), Federal
Register document entitled ‘‘Air Quality
Designations and Classifications for the
8-Hour Ozone National Ambient Air
Quality Standards; Early Action
Compact Areas with Deferred Effective
Dates,’’ EPA designated every county in
the United States unclassifiable/
attainment or nonattainment. Generally,
when areas are designated
nonattainment, they must put measures
in place that will control and maintain
ozone concentrations at healthy levels;
areas designated as attainment must also
develop maintenance plans to ensure
ozone concentrations do not increase
over time to unhealthy levels. The EAC
program involves a commitment by
areas close to attainment of the ozone
standard to achieve clean air sooner.
The areas’ commitment is demonstrated
by implementing control measures to
achieve attainment earlier than
mandated by the 8-hour ozone NAAQS
and the Clean Air Act. The EAC areas
that were designated nonattainment, but
were able to meet the requirements of
the EAC Protocol currently have a
deferral of their nonattainment
designation until September 30, 2005.
IV. What Is an EAC?
An ‘‘EAC’’ is an ‘‘Early Action
Compact.’’ This is an agreement
between a State, local governments and
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EPA to implement measures not
necessarily required by the Act in order
to achieve cleaner air as soon as
possible. Communities close to or
exceeding the 8-hour ozone standard
that have elected to enter into an EAC
have started reducing air pollution at
least two years sooner than required by
the Act. In many cases, these reductions
will be achieved by local air pollution
control measures not otherwise
mandated under the Act. The program
was designed for areas that approach or
monitor exceedances of the 8-hour
ozone standard, but are in attainment
for the 1-hour ozone standard. The 1hour ozone standard will be revoked as
of June 15, 2005 in most areas. It will
not be revoked for previous 1-hour
nonattainment areas that are 8-hour
EAC areas, such as the Nashville, TN
and Greensboro-Winston Salem-High
Point, NC 1-hour area (the Triad 8-hour
EAC area).3 These areas will continue to
implement transportation conformity
requirements related to the 1-hour
ozone standard. The 1-hour ozone
transportation conformity requirements
will no longer be in effect one year after
the 8-hour ozone attainment designation
if the areas are successful in achieving
attainment through implementation of
the EAC. If any EAC area is
unsuccessful in attaining the 8-hour
ozone NAAQS through the EAC process,
it will be subject to the 8-hour ozone
transportation conformity requirements
one year after the nonattainment
designation becomes effective.
The initial choice to enter into an
EAC was voluntary on behalf of the
local officials and State air quality
officials. EPA believes that early
planning and implementation of control
measures that improve air quality will
likely accelerate protection of public
health. The EAC program allows
participating State and local entities to
make decisions that will accelerate
meeting the new 8-hour ozone standard
using local pollution control measures
in addition to federally mandated
measures. While the choice of entering
into an EAC was voluntary, all measures
adopted as part of the EAC are being
proposed for incorporation into the SIP
and will be mandatory and federally
enforceable.
In Region 4, EPA initially received 22
requests to enter into EACs in December
2002, including 100 counties in four
states. Currently, there are 17 areas and
85 counties included in the EAC
program in four Region 4 states. Of
those 17, only eight areas received a
deferral of their nonattainment
designation. Five of the eight areas that
have a deferred nonattainment
designation are now attaining the 8-hour
ozone standard and modeling
attainment of that standard into the
future. Consistent with EPA’s EAC
Protocol, states with communities
participating in the EAC program had to
submit plans for meeting the 8-hour
ozone standard by December 31, 2004,
rather than June 15, 2007, the Act’s
deadline for all other areas not meeting
the standard. The EAC protocol further
requires communities to develop and
implement air pollution control
strategies, account for emissions growth
and demonstrate attainment by 2007
and maintain the 8-hour ozone standard
until at least 2012. Greater details of the
EAC program are explained in EPA’s
December 16, 2003 (68 FR 70108)
proposed Federal Register document
entitled ‘‘Deferral of Effective Date of
Nonattainment Designations for 8-hour
Ozone National Ambient Air Quality
Standards for Early Action Compact
Areas.’’
North Carolina submitted an EAC for
the Unifour area on December 19, 2002,
the Fayetteville area on December 20,
2002, and the Triad and Mountain areas
on December 23, 2002. These were
30391
signed by representatives of the local
communities, State air quality officials
and the Regional Administrator. The
EPA deferred the effective date of
nonattainment designations for EAC
areas that were violating the 8-hour
ozone standard, but continue to meet
the compact milestones. Details of this
deferral were published in the April 30,
2004, (69 FR 23858), Federal Register
notice. The North Carolina EAC area
designations are discussed further in
Section V of today’s rulemaking. To
date, the North Carolina EAC areas have
met all EAC milestones and, as long as
EAC areas continue to meet the agreed
upon milestones, the nonattainment
designation will be deferred until April
15, 2008. At that time EAC areas with
air quality monitoring data showing
attainment for the years 2005–2007 that
have also met all the compact
milestones will be designated as
attainment for the 8-hour ozone
standard.
V. What Are the North Carolina EAC
Areas and Their Respective 8-Hour
Ozone Designations?
In April 2004 (69 FR 23858), EPA
designated areas as nonattainment for
the 8-hour NAAQS based upon air
quality monitoring data during the 2001
through 2003 ozone seasons. EPA
designated counties in the Mountain
EAC area as unclassifiable/attainment,
counties in the Unifour EAC area and
Cumberland County in the Fayetteville
EAC area as nonattainment-deferred,
three counties in the Triad EAC area
unclassifiable/attainment and the
remaining eight counties in the Triad
EAC area nonattainment-deferred for the
8-hour ozone standard (See Table 1).
Although the counties in the Mountain
EAC area were designated
unclassifiable/attainment for the 8-hour
ozone standard, three counties opted to
continue with the EAC process.
TABLE 1.—NORTH CAROLINA EAC AREAS AND THEIR 8-HOUR OZONE DESIGNATIONS
EAC areas
EAC 8-hour ozone designation
Mountain Area of Western North Carolina EAC Area (Mountain EAC Area):4
Buncombe County .................................................................................................................................
Haywood County (partial) ......................................................................................................................
Madison County .....................................................................................................................................
Unifour EAC Area:
Alexander County ..................................................................................................................................
Burke County (partial) ...........................................................................................................................
Caldwell County (partial) .......................................................................................................................
Catawba County ....................................................................................................................................
Triad EAC Area:
Alamance County ..................................................................................................................................
Caswell County ......................................................................................................................................
Davidson County ...................................................................................................................................
3 Notably, the counties included in the 8-hour
EAC area may not directly correspond with all the
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Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Nonattainment-deferred.
Nonattainment-deferred.
Nonattainment-deferred.
Nonattainment-deferred.
Nonattainment-deferred.
Nonattainment-deferred.
Nonattainment-deferred.
counties included in the previous 1-hour area for
the similar geographic area.
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TABLE 1.—NORTH CAROLINA EAC AREAS AND THEIR 8-HOUR OZONE DESIGNATIONS—Continued
EAC areas
EAC 8-hour ozone designation
Davie County .........................................................................................................................................
Forsyth County ......................................................................................................................................
Guilford County ......................................................................................................................................
Randolph County ...................................................................................................................................
Rockingham County ..............................................................................................................................
Stokes County .......................................................................................................................................
Surry County ..........................................................................................................................................
Yadkin County .......................................................................................................................................
Fayetteville EAC Area:
Cumberland County ...............................................................................................................................
less than 0.085 ppm at each monitor
site, the test is passed.5
Nonattainment-deferred.
Nonattainment-deferred.
Nonattainment-deferred.
Nonattainment-deferred.
Nonattainment-deferred.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Nonattainment-deferred.
An area will typically evaluate
necessary control measures using
modeling programs to determine how
that area can meet and maintain the
NAAQS. This process is no different for
EAC areas which used modeling and
screening tests to evaluate attainment
and maintenance of the 8-hour ozone
standard. The attainment test uses
ambient air quality monitored design
values with model-generated ozone
concentration data. The test is applied
at each monitor in the area as well as
applicable unmonitored modeling sites
in the EAC area. A future year design
value is developed by multiplying the
ratio of the future year to current year
model-predicted 8-hour daily maximum
ozone concentrations by a current
design value. The current ambient air
quality design value is developed from
air quality monitored data. Under EPA
regulations at 40 CFR Part 50, the 8-hour
ozone standard is attained when the 3year average of the annual fourthhighest daily maximum 8-hour average
ambient ozone concentrations is less
than or equal to 0.08 ppm. (See 69 FR
23857, April 30, 2004, for further
information). If modeled predicted
future site-specific design values are
A. How Was Attainment Demonstrated
Through the North Carolina EAC
Modeling?
The North Carolina modeling was
developed consistent with the EPA draft
modeling guidance and EAC protocol
guidance that was available when the
modeling was conducted.6 The air
quality modeled concentrations were
developed using the Multiscale Air
Quality Simulation Platform (MAQSIP)
multi-scale photochemical air quality
model. Representative episodes from
several years were used in the base year
modeling to validate the model for use
in developing a control strategy for
attainment of the 8-hour ozone NAAQS.
The episodes were chosen to be
reflective of the most frequent
meteorological conditions that are
conducive to 8-hour ozone exceedances.
Three types of modeling inventories are
needed for the attainment
demonstration modeling: The base,
current and future year inventories. The
base year inventory represents the year
of the episode being modeled and is
used for evaluating the performance of
the photochemical air quality model.
The base years and episodes used in this
SIP demonstration are July 13–15, 1995,
June 21–24, 1996, June 27–29, 1996 and
July 11–15, 1997. The second inventory
is the ‘‘current’’ year inventory. For the
North Carolina EAC modeling
demonstration, the current year is 2000
(this is the most recent year that North
Carolina DENR could develop in time
for the SIP demonstration). Ideally, the
current year, which represents a recent
inventory, would be 2002. The use of
older emission inventories introduces
more uncertainties as projections are
made over longer time periods. Areas
with 8-hour ozone SIPs due in 2007 are
expected to use the 2002 inventory as
mentioned in the policy memo (‘‘2002
Base Year Emission Inventory SIP
Planning: 8-hr Ozone, PM2.5, and
Regional Haze Programs’’ by Lydia N.
Wegman dated November 18, 2002).
However, for EAC SIPs submitted in
2004, EPA will accept another year
provided the data represents recent
conditions. The 2000 emission
inventory was the most recent inventory
that was available for North Carolina to
use in their EAC SIP demonstration. The
2000 current year inventory is processed
using all of the different meteorological
episodes being studied. The
photochemical modeling uses the
current year inventory and those results
are used as a representation of current
air quality conditions. Several future
year inventories were developed for the
attainment year (2007) and maintenance
years (2012 and 2017). It is the future
year base inventories to which control
strategies and sensitivities are applied to
determine the controls necessary to
attain the ozone standard. The
attainment test is passed for all EAC
area monitors for the future years of
2007, 2012 and 2017 for the North
Carolina EAC areas using the higher of
the most recent monitored design values
from 1999–2001 and 2001–2003. The
future-predicted design values from the
North Carolina modeling are presented
in Table 2. With the exception of the
Cooleemee monitor (which does
indicate attainment) in the Triad area,
the future design values are well below
84 ppb for the North Carolina EAC
monitors.
4 Henderson and Transylvania Counties opted out
of the Mountain EAC area and are no longer
participating.
5 Although the ozone standard is 0.08 ppm,
monitored values less than 0.085 are rounded down
to 0.08 whereas monitored values equal to or greater
than 0.085 are rounded up, and considered to be
an exceedance of the standard. The 8-hour ozone
standard can also be expressed in parts per billion
and EPA often refers to monitors meeting the
standard if they monitor values less than 85 ppb.
6 The EPA issued guidance on the air quality
modeling that is used to demonstrate attainment
with the 8-hour ozone NAAQS. See U.S. EPA,
(1999), Draft Guideline on the Use of Models and
Other Analysis in Attainment Demonstrations for
the 8-Hour Ozone NAAQS, EPA–454/R–99–00413,
(May 1999). A copy may be found on EPA’s Web
site at https://www.epa.gov/ttn/scram/ (file name:
‘‘DRAFT8HR’’)
EPA, June, 2002. ‘‘Protocol for Early Action
Compacts Designed to Achieve and Maintain the 8Hour Ozone Standard’’. Located at https://
www.epa.gov/ttn/naaqs/ozone/eac/.
‘‘Appendix W to 40 CFR Part 51: Guideline on
Air Quality Models.’’ Located at https://
www.epa.gov/scram001/ (file name: ‘‘Appendix
W’’).
To date, the North Carolina EAC areas
have met all EAC milestones and, as
long as EAC areas continue to meet the
agreed upon milestones, the impact of
the designations will be deferred until
April 15, 2008. At that time, EPA will
evaluate the 8-hour ozone designations
for these areas.
VI. How Is Attainment Demonstrated
for the 8-Hour Ozone Standard With a
Photochemical Model?
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TABLE 2.—NORTH CAROLINA FUTURE DESIGN VALUES (PPB)
Area/monitor
2007
Fayetteville EAC Area:
Wade ............................................................................................................................................................
Golfview ........................................................................................................................................................
Mountain EAC Area:
Fry Pan .........................................................................................................................................................
Purchase Knob .............................................................................................................................................
Bent Creek ....................................................................................................................................................
Waynesville ...................................................................................................................................................
Triad EAC Area:
Cooleemee ...................................................................................................................................................
Hattie Avenue ...............................................................................................................................................
Union Cross ..................................................................................................................................................
Bethany .........................................................................................................................................................
Cherry Grove ................................................................................................................................................
McLeansville .................................................................................................................................................
Shiloh Church ...............................................................................................................................................
Sophia ...........................................................................................................................................................
Plooirosa .......................................................................................................................................................
Unifour EAC Area:
Taylorsville ....................................................................................................................................................
Lenoir/Caldwell County .................................................................................................................................
B. Were Supplemental Analyses Used in
the Technical Demonstration for
Attainment in North Carolina?
According to the 1999 draft EPA 8hour ozone modeling guidance (the
guidance available when North Carolina
began their modeling), a weight of
evidence (WOE) determination is
optional if attainment is modeled. If it
is submitted, it provides additional
corroborative analyses to support and
strengthen the attainment modeling. A
WOE determination uses different
analyses than the photochemical model
and is therefore useful in providing
corroboration of the results of a
photochemical model. These analyses
are particularly useful if the attainment
test results are within a few parts per
million of the 8-hour ozone standard.
The State of North Carolina chose to
submit a WOE determination to support
the attainment modeling results. The
WOE determination results varied for
each EAC area but are supportive of the
modeling conclusions for attainment.
The WOE determination is described in
detail and for each EAC area in the
Technical Support Document (TSD) 7 for
this document. The WOE determination
elements in the SIP submittal are
summarized below.
Three analysis items as defined in the
draft EPA 8-hour ozone modeling
guidance and two state-derived analyses
were developed using the air quality
modeling. A percent reduction is
developed for the relative change
between the current and future year for
the five analysis items. The five air
quality modeling analyses are:
1. Number (#) of grid cells with
hourly 8-hour ozone concentration > 84
ppb
2. Number of maximum daily 8-hour
ozone concentration > 84 ppb
3. Sum of grid-cells with predicted
hourly 8-hour ozone concentration > 84
ppb
2012
2017
78
77
73
72
69
68
77
75
74
71
73
70
69
67
73
67
68
65
84
80
79
76
76
76
76
72
69
79
75
73
71
72
71
72
67
65
75
71
70
70
69
68
68
64
63
75
73
69
68
67
66
4. Sum of grid-cells with predicted
maximum daily 8-hour ozone
concentration > 84 ppb
5. Number of grid cells with predicted
maximum 8-hour ozone concentrations
sorted within EPA’s Air Quality Index
codes (e.g., green, yellow, orange and
red categories)
An 80 percent change in the number
of grid cells for a metric represents a
sizeable improvement in 8-hour ozone
concentrations. The WOE modelingbased results illustrate reductions in
expected future year ozone. However,
the majority of local EAC control
measures were not included in the
modeling. The expected emission
reductions from the measures which
were not modeled further support the
conclusion that the EAC areas will
attain and maintain the 8-hour ozone
standard. EAC control measures are
discussed in Section VII of this notice.
TABLE 3.—AVERAGE PERCENT (%) REDUCTIONS FROM WEIGHT OF EVIDENCE DETERMINATION RESULTS
Percent reduction for each EAC area
Analysis item
Triad
# grid cells with hourly 8-hour ozone
concentration > 84 ppb.
# maximum daily 8 hour ozone concentration > 84 ppb.
sum of grid-cells with predicted hourly
8-hour ozone concentration > 84 ppb.
sum of grid-cells with predicted maximum daily 8-hour ozone concentration > 84 ppb.
>95%
100%
>95%
100%
>95%
100%
>95%
100%
Fayetteville
(2007) ...............
(2012 & 2017) ...
(2007) ...............
(2012 & 2017) ...
(2007) ...............
(2012 & 2017) ...
(2007) ...............
(2012 & 2017) ...
100% (2007,
2017)..
100% (2007,
2017).
100% (2007,
2017).
100% (2007,
2017).
2012,
2012,
2012,
2012,
Mountain
>95%
100%
>95%
100%
>95%
100%
>95%
100%
(2007) ...............
(2012 & 2017) ...
(2007) ...............
(2012 & 2017) ...
(2007) ...............
(2012 & 2017) ...
(2007) ...............
(2012 & 2017) ...
7 The TSD can be found in RME ID No. R04–
OAR–2004–NC–0005 (see the ADDRESSES section of
this notice for further information on RME).
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Unifour
>85%
>95%
>85%
>95%
>85%
>95%
>85%
>95%
(2007)
(2012 &
(2007)
(2012 &
(2007)
(2012 &
(2007)
(2012 &
2017)
2017)
2017)
2017)
30394
Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Proposed Rules
TABLE 3.—AVERAGE PERCENT (%) REDUCTIONS FROM WEIGHT OF EVIDENCE DETERMINATION RESULTS—Continued
Percent reduction for each EAC area
Analysis item
Triad
number of grid cells for EPA’s Air Quality Index orange and red codes combined.
>95% (2007) ...............
100% (2012 & 2017) ...
The reductions presented in Table 3
well surpassed the EPA draft 8-hour
ozone modeling guidance
recommendation of achieving grid cell
improvements.
C. What Is the Maintenance for Growth
Plan for the EAC Areas?
In addition to control measures
designed to attain and maintain the 8hour ozone standard, North Carolina’s
EAC SIP also includes a comprehensive
maintenance plan. In summary, North
Carolina proposes to implement a
maintenance plan similar to the
requirements for section 175A of the
Clean Air Act, which requires
maintenance plans to be submitted for
all areas redesignated from
nonattainment to attainment. EPA’s
EAC Protocol required demonstration of
maintenance of the 8-hour ozone
standard through 2012; North Carolina’s
maintenance plan models attainment
through 2017. The North Carolina
maintenance plan also includes the
following:
1. An attainment demonstration for
the 2007–2017 period. Future design
values developed through modeling for
2007, 2012 and 2017 that are below 85
ppb at all monitors in the EAC areas.
2. A commitment for a mid point
evaluation in 2012.
3. A commitment to develop the
maintenance plan for a second 10-year
period for 2017–2027 and a schedule for
developing that plan including emission
inventories and air quality modeling.
The schedule is as follows:
• December 2004—North Carolina
submits EAC SIP, covering both
attainment date of 2007 and first 10-year
maintenance period through 2017
• April 2005—State of North Carolina
and EAC areas implement EAC
measures
• December 2005—First annual
tracking report is submitted to EPA
• December 2006—Second annual
tracking report is submitted to EPA
• December 2007—Attainment date
• December 2007—Third annual
tracking report is submitted to EPA
• April 2008—EPA designates area
attainment for the 8-hour ozone
standard providing areas have 3 years of
quality assured data showing attainment
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Fayetteville
100% (2007, 2012,
2017).
Mountain
100% (2007, 2012,
2017).
• December 2008—The State
completes evaluation of new emissions
data and determines whether revised
modeling analysis is required
• December 2008—Fourth annual
tracking report is submitted to EPA and
continues for each year thereafter
through the end of the maintenance
period
• January 2013—The State begins
work on 10-year maintenance plan
update
• December 2015—Submits 10-year
maintenance plan update to EPA
• December 2027—20-year
maintenance plan and annual tracking
for growth concludes.
4. A commitment to update the EAC
plan and submit to EPA in 2015.
5. A commitment to annually track
stationary and highway mobile source
emissions. Provides triggers (emissions
growth thresholds and rates) and actions
(air quality analyses, modeling and
adopting additional controls) to be
performed to address emission growth.
6. Based on the tracking of the growth
of stationary and onroad mobile source
emissions, North Carolina will commit
to adopt and implement additional
control measures, if needed, throughout
the maintenance period.
7. A commitment to perform air
quality analyses reviews and report each
December.
8. Commitments for tracking and
taking follow-up action are in force
unless the 8-hour ozone standard is
revoked in the future. North Carolina
believes that would happen only in the
event that EPA revises or revokes the
current 8-hour ozone standard of 0.08
parts per million. To date, EPA has not
proposed any revisions to the ozone
NAAQS.
9. A commitment to evaluate, in 2008,
whether or not a full modeling update
is needed for all EAC areas.
10. Provide the following timeline of
actions and submittals for the
maintenance plan from December 2004
to December 2027.
D. What Are EPA’s Conclusions on the
North Carolina EAC Technical
Demonstration for Attainment and
Maintenance?
Attainment and maintenance of the 8hour ozone NAAQS is demonstrated in
PO 00000
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Unifour
∼100% (2007, 2012,
2017)
the North Carolina EAC SIP submittal.
EPA believes that the appropriate data
and procedures are used to assess 8hour ozone attainment for the NC EAC
areas. EPA’s analysis indicates that the
combination of local scale modeling,
WOE analyses and control strategies
demonstrates attainment of the 8-hour
ozone NAAQS for each North Carolina
EAC area. Additional details of the
North Carolina EAC modeling are
presented in the TSD for the State
submittal.
VII. What Measures Are Included in
This EAC SIP Submittal?
The North Carolina submittal
describes that several control measures
are already in place or being
implemented over the next few years
that will contribute to attainment and
maintenance of the 8-hour ozone
standard. These measures include
controls on both stationary and mobile
emissions sources. The Federal and
State control measures were modeled
for the future years.
The Federal control measures that
were modeled by North Carolina
included the Tier 2 vehicle standards
and low sulfur gasoline, which affects
all passenger vehicles in a
manufacturer’s fleet; the heavy-duty
gasoline and diesel highway vehicle
standards, which are designed to reduce
NOX and VOC emissions from heavy
duty gasoline and diesel highway
vehicles; large nonroad diesel engine
standards, for equipment such as those
used in construction, agricultural, and
industrial equipment; and nonroad
spark ignition engines and recreational
engines standard, which will regulate
NOX, HC and CO for groups of
previously unregulated nonroad
engines.
The State control measures that were
modeled included the Clean Air Bill, in
which the vehicle emissions inspection
and maintenance program was
expanded from 9 counties to 48, phased
in between July 1, 2002 through January
1, 2006. Another State measure was the
NOX SIP Call Rule, which will reduce
summertime NOX emissions from power
plants and other industries by 68
percent by 2006. These reductions
began to be implemented in 2002. The
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Clean Smokestacks Act will reduce NOX
emissions beyond the requirements of
the NOX SIP Call Rule and will require
coal-fired power plants to reduce annual
NOX emissions by 78 percent by 2009
and be applied year round. This is one
of the first state laws of its kind in the
nation. An open burning ban is another
state control measure that was modeled.
The only local control measure that
was modeled was the fuel switching at
one of the RJ Reynolds facilities in the
Triad EAC area. The modeling results
clearly show reductions in expected
future year ozone levels. The majority of
local EAC control measures were not
included in the modeling. These
expected emission reductions further
support the conclusion that the North
Carolina EAC areas will attain and
maintain the 8-hour ozone standard in
the future. Examples of these expected
30395
emission reductions not modeled are
summarized in Table 4. For a complete
list of local reductions see Appendix Q
of the December 17, 2004, 8-hour ozone
attainment demonstration for the North
Carolina EAC areas submitted to EPA on
December 21, 2004 found in the RME
system as mentioned in the ADDRESSES
section of today’s rulemaking.
TABLE 4.—ADDITIONAL EAC LOCAL REDUCTIONS NOT MODELED
Estimated reduction
Strategy
NOX
(tons/year)
Triad EAC:
Increase ridership on municipal and regional bus service ..............
Create new Park and Ride Lots ......................................................
Expand PART ride sharing & vanpooling ........................................
Expand car pooling ..........................................................................
Diesel retrofits on school buses .......................................................
Truck Stop Electrification .................................................................
Duke Energy Anti-Idling Policy ........................................................
Increase use of Biodiesel .................................................................
Fayetteville EAC:
Landfill harvesting methane and selling energy ..............................
Retrofitting Diesel School buses ......................................................
Unifour EAC:
Expanded Public Transportation ......................................................
Compressed Work Weeks ...............................................................
Regional Bicycle & Pedestrian Plan ................................................
City and County Energy Plan ..........................................................
The modeled control measures
detailed in Section VII meet the
requirements of the EAC protocol: they
are specific, quantified, permanent and
will be federally enforceable when
approved by EPA. In compliance with
the next EAC program milestone, each
of the control measures listed above,
including any measures substituted by
local areas, are scheduled to be
implemented on or before December 31,
2005. The TSD contains additional
information on each of these control
measures, as well as information on
numerous local measures that are
expected to have benefits, but for which
specific emission reductions were not
quantified.
Despite the growth estimated for the
EAC areas, the more stringent federal
emission standards are projected to
substantially reduce emissions of NOX
and VOCs in the newer fleet of vehicles.
Improved emission controls in major
industrial, commercial and institutional
facilities (point sources) are also
projected to significantly reduce
emissions of NOX. Using air quality
models to anticipate the impact of
growth, as well as the state-assisted and
locally-implemented measures to reduce
emissions, the State has projected the
EAC areas will be in attainment of the
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3.5 ..................................................
3.2 ..................................................
0.7 ..................................................
19.0 ................................................
23.0 ................................................
35.0 ................................................
0.7 ..................................................
2% increase in Biodiesel use ........
5.0
1.8
0.7
23.2
17.0
1.8
—
30% increase in Biodiesel use.
5.0 ..................................................
........................................................
∼42% reduction.
0.4
1.3
1.6
0.4
0.5
1.5
2.0
0.5
..................................................
..................................................
..................................................
..................................................
8-hour ozone standard in 2007 and will
remain in attainment through 2012 and
2017. The EPA has reviewed the
modeling and emission projections and
believes attainment is demonstrated.
Therefore, EPA is proposing to approve
the demonstration of attainment.
VIII. What Happens if the Area Does
Not Meet the EAC Commitments or
Milestones?
In the April 30, 2004, (69 FR 23858)
Final Rulemaking, EPA designated
counties in the Mountain EAC area as
unclassifiable/attainment, and counties
in the Unifour, Fayetteville and Triad
EAC areas as nonattainment-deferred for
the 8-hour ozone standard. The Triad
EAC area includes counties that are
designated unclassifiable/attainment
and counties that are designated
nonattainment-deferred in the 69 FR
23858. In accordance with the April 30,
2004, (69 FR 23858) Final Rulemaking
the effective date of nonattainment for
the EAC areas (see Table 4) has been
deferred until September 30, 2005. The
measures outlined in the North Carolina
SIP submittal provide every indication
that the North Carolina EAC areas will
attain the 8-hour ozone standard by
December 31, 2007 and complete each
milestone and action agreed upon in the
PO 00000
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VOC
(tons/year)
Sfmt 4702
compact. However, if one milestone is
missed, EPA will take action to propose
and promulgate a finding of failure to
meet the milestone, and to withdraw the
deferred effective date of the
nonattainment designation.
IX. Why Are We Proposing To Approve
This EAC SIP Submittal?
We are proposing to approve this EAC
SIP submittal because the SIP submittal
demonstrates attainment by December
31, 2007 and maintenance of that
standard through 2027. We have
reviewed the submittal and determined
that it is consistent with the
requirements of the Act, EPA’s policy,
and the EAC protocol. The TSD contains
detailed information concerning this
rulemaking action.
Approving the EAC submittals into
the SIP will also mean that measures
and controls identified therein become
federally enforceable and the North
Carolina EAC areas’ citizens will start to
benefit from reductions in air pollution
sooner than if the areas were designated
nonattainment. See Section VII of this
rulemaking action for the description of
air pollution control measures. Finally,
it means that EPA has determined that
the EAC areas have continued to fulfill
the milestones and obligations of the
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30396
Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Proposed Rules
EAC Program. In a separate action, EPA
will take action proposing to defer the
effective date of nonattainment
designation for these areas until
December 31, 2006, so long as the areas
continue to fulfill the EAC obligations,
including semi-annual reporting
requirements, implementation of the
measures in the EAC submittal by
December 31, 2005, and a progress
assessment by June 30, 2006.
X. Proposed Action
EPA is proposing to approve the
attainment demonstration and the
Mountain area, Unifour area, Triad area
and Fayetteville area EACs and
incorporate these into the North
Carolina SIP. The modeling of ozone
and ozone precursor emissions from
sources in the four North Carolina EAC
areas demonstrate that the specified
control strategies will provide for
attainment of the 8-hour ozone NAAQS
by December 31, 2007. These specified
control strategies are consistent with the
EAC program.
XI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This proposed action merely
proposes to approve State law as
meeting Federal requirements and
imposes no additional requirements
beyond those imposed by State law.
Accordingly, the Administrator certifies
that this proposed rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this rule
proposes to approve pre-existing
requirements under State law and does
not impose any additional enforceable
duty beyond that required by State law,
it 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).
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
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(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to approve a state rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state actions, provided
that they meet the criteria of the Clean
Air Act. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This proposed
rule does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2005.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05–10473 Filed 5–25–05; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R04–OAR–2005–SC–0001, R04–OAR–2005–
GA–0001–200516; FRL–7917–9]
Approval and Promulgation of Air
Quality Implementation Plans; South
Carolina and Georgia; Attainment
Demonstration for the Appalachian,
Catawba, Pee Dee, Waccamaw, Santee
Lynches, Berkeley-CharlestonDorchester, Low Country, Lower
Savannah, Central Midlands, and
Upper Savannah Early Action Compact
Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The EPA is proposing to
approve revisions to the State
Implementation Plans (SIPs) submitted
by the South Carolina Department of
Health and Environmental Control (SC
DHEC) and Georgia Environmental
Protection Division (EPD) on December
31, 2004. These revisions are submitted
pursuant to the Early Action Compact
(EAC) Protocol 1 and will result in
emission reductions needed to attain
and maintain the 8-hour ozone National
Ambient Air Quality Standard (NAAQS)
in the Appalachian, Catawba, Pee Dee,
Waccamaw, Santee Lynches, BerkeleyCharleston-Dorchester, Low Country,
Lower Savannah, Central Midlands, and
Upper Savannah EAC areas. Only the
Lower Savannah EAC area has counties
in both South Carolina and Georgia; for
the purposes of this document,
however, the above described EAC areas
will be collectively referred to as the
‘‘South Carolina—Georgia EAC Areas.’’
EPA is proposing approval of the
photochemical modeling used by South
Carolina and Georgia to support the
attainment demonstration of the 8-hour
ozone standard within these areas. The
proposed revisions further incorporate
the local control measures in the South
Carolina—Georgia EAC Areas, a new
regulation, 61–62.5 Standard No. 5.2,
Control of Oxides of Nitrogen (NOX) and
revisions to Regulation 61–62.2,
Prohibition of Open Burning.
DATES: Comments must be received on
or before June 27, 2005.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID No. R04–OAR–2005–
BILLING CODE 6560–50–P
PO 00000
1 The EAC Protocol can be found at https://
www.epa.gov/air/eac/ and in Regional Materials in
Edocket (RME) ID No. R04–OAR–2005–SC–0001 or
R04–OAR–2005–GA–0001 (see the ADDRESSES
section of this notice for further information on
RME).
Frm 00017
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]]>Agencies
[Federal Register Volume 70, Number 101 (Thursday, May 26, 2005)]
[Proposed Rules]
[Pages 30389-30396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10473]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R04-OAR-2004-NC-0005-200513; FRL-7917-8]
Approval and Promulgation of Air Quality Implementation Plans;
North Carolina; Attainment Demonstration of the Mountain, Unifour,
Triad and Fayetteville Early Action Compact Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to approve revisions to the State
Implementation Plan (SIP) submitted by the State of North Carolina
through the Department of Environment and Natural Resources (DENR) on
December 21, 2004. These revisions are submitted pursuant to the Early
Action Compact (EAC) protocol \1\ and will result in emission
reductions needed to attain and maintain the 8-hour ozone National
Ambient Air Quality Standard (NAAQS) in the Mountain, Unifour, Triad
and Fayetteville EAC areas (the North Carolina EAC Areas). EPA is
proposing approval of the photochemical modeling used by North Carolina
to support the attainment demonstration of the 8-hour ozone standard
within these areas. The proposed revisions further incorporate the
local control measures of the Mountain, Unifour, Triad and Fayetteville
EAC area agreements into the SIP.
---------------------------------------------------------------------------
\1\ The EAC Protocol can be found at https://www.epa.gov/air/eac/ and in Regional Materials in Edocket (RME) ID No. R04-OAR-2004-NC-
0005 (see the ADDRESSES section of this notice for further
information on RME).
---------------------------------------------------------------------------
DATES: Written comments must be received on or before June 27, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R04-OAR-2004-NC-0005, by one of the following
methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: spann.jane@epa.gov.
4. Fax: 404-562-9019.
5. Mail: ``R04-OAR-2004-NC-0005'', 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.
6. Hand Delivery or Courier: Deliver your comments to: Jane Spann,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division 12th floor, 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 RME ID No. R04-OAR-2004-NC-
0005. EPA's policy is that all comments received will be included in
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[[Page 30390]]
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FOR FURTHER INFORMATION CONTACT: Jane Spann, 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)
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SUPPLEMENTARY INFORMATION: The use of ``we,''``us,''or ``our'' in this
document refers to EPA.
Table of Contents
I. What action are we proposing?
II. What is a SIP?
III. What is ozone and the purpose of the 8-hour ozone standard?
IV. What is an EAC?
V. What are the North Carolina EAC areas and their respective 8-hour
ozone designations?
VI. How is attainment demonstrated for the 8-hour ozone standard
with a photochemical model?
VII. What measures are included in this EAC SIP submittal?
VIII. What happens if the area does not meet the EAC commitments or
milestones?
IX. Why are we proposing to approve this EAC SIP submittal?
X. Proposed Action
XI. Statutory and Executive Order Reviews
I. What Action Are We Proposing?
Today we are proposing to approve revisions to the North Carolina
SIP under sections 110 and 116 of the Clean Air Act (``CAA'' or ``The
Act''). These revisions demonstrate attainment and maintenance of the
8-hour ozone standard, 0.08 parts per million (ppm),\2\ within the
Mountain, Unifour, Triad and Fayetteville EAC areas (the North Carolina
EAC Areas) by 2007, and incorporate the control measures developed by
these EACs into the North Carolina SIP. The North Carolina EACs are
agreements between the North Carolina DENR, local governments and EPA.
The intent of these agreements is to reduce ozone pollution and thereby
attain and maintain the 8-hour ozone standard by 2007, sooner than
required by CAA for areas designated nonattainment. Section VII of this
rulemaking describes the control measures that will be implemented
within the North Carolina EAC areas.
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\2\ The 8-hour ozone standard was promulgated on July 18, 1997
(62 FR 38856).
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II. What Is a SIP?
The ``SIP'' is the State Implementation Plan required by section
110 of the CAA and its implementing regulations. In essence, the SIP is
a set of air pollution regulations, control strategies, and technical
analyses developed by the State to ensure that the State meets the
National Ambient Air Quality Standards (NAAQS). Once included in the
SIP, these regulations, strategies, and analyses are federally
enforceable by EPA. The NAAQS are established under section 109 of the
Act and they currently address six criteria pollutants: carbon
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur
dioxide. These SIPs can be extensive, containing state regulations or
other enforceable documents and supporting information such as emission
inventories, monitoring networks, and modeling demonstrations. As is
discussed in greater detail below, SIP revisions relating to attainment
of the 8-hour ozone standard, submitted by North Carolina on December
21, 2004 are now being proposed.
III. What Is Ozone and the Purpose of the 8-hour Ozone Standard?
Ozone is formed by a series of chemical reactions involving
nitrogen oxides (NOX), the result of combustion processes,
and reactive organic gases, also termed volatile organic compounds
(VOCs). NOX and VOCs are emitted into the air through many
sources such as vehicles, power plants and other industrial facilities.
Ozone and its precursors have many adverse effects on human health and
can cause the following: irritation of the respiratory system,
reduction of lung function (making it more difficult to breathe),
aggravation of asthma, inflammation and damage to the lining of the
lungs, and an increase in the risk of hospital admissions and doctor
visits for respiratory problems. In order to reduce ozone it is
necessary to reduce NOX and VOCs, ozone precursors.
Consistent with the Act, ozone reductions are achieved by establishing
NAAQS, such as the 8-hour ozone standard, and implementing the measures
necessary to reduce ozone and its precursors. In the April 30, 2004,
(69 FR 23858), Federal Register document entitled ``Air Quality
Designations and Classifications for the 8-Hour Ozone National Ambient
Air Quality Standards; Early Action Compact Areas with Deferred
Effective Dates,'' EPA designated every county in the United States
unclassifiable/attainment or nonattainment. Generally, when areas are
designated nonattainment, they must put measures in place that will
control and maintain ozone concentrations at healthy levels; areas
designated as attainment must also develop maintenance plans to ensure
ozone concentrations do not increase over time to unhealthy levels. The
EAC program involves a commitment by areas close to attainment of the
ozone standard to achieve clean air sooner. The areas' commitment is
demonstrated by implementing control measures to achieve attainment
earlier than mandated by the 8-hour ozone NAAQS and the Clean Air Act.
The EAC areas that were designated nonattainment, but were able to meet
the requirements of the EAC Protocol currently have a deferral of their
nonattainment designation until September 30, 2005.
IV. What Is an EAC?
An ``EAC'' is an ``Early Action Compact.'' This is an agreement
between a State, local governments and
[[Page 30391]]
EPA to implement measures not necessarily required by the Act in order
to achieve cleaner air as soon as possible. Communities close to or
exceeding the 8-hour ozone standard that have elected to enter into an
EAC have started reducing air pollution at least two years sooner than
required by the Act. In many cases, these reductions will be achieved
by local air pollution control measures not otherwise mandated under
the Act. The program was designed for areas that approach or monitor
exceedances of the 8-hour ozone standard, but are in attainment for the
1-hour ozone standard. The 1-hour ozone standard will be revoked as of
June 15, 2005 in most areas. It will not be revoked for previous 1-hour
nonattainment areas that are 8-hour EAC areas, such as the Nashville,
TN and Greensboro-Winston Salem-High Point, NC 1-hour area (the Triad
8-hour EAC area).\3\ These areas will continue to implement
transportation conformity requirements related to the 1-hour ozone
standard. The 1-hour ozone transportation conformity requirements will
no longer be in effect one year after the 8-hour ozone attainment
designation if the areas are successful in achieving attainment through
implementation of the EAC. If any EAC area is unsuccessful in attaining
the 8-hour ozone NAAQS through the EAC process, it will be subject to
the 8-hour ozone transportation conformity requirements one year after
the nonattainment designation becomes effective.
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\3\ Notably, the counties included in the 8-hour EAC area may
not directly correspond with all the counties included in the
previous 1-hour area for the similar geographic area.
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The initial choice to enter into an EAC was voluntary on behalf of
the local officials and State air quality officials. EPA believes that
early planning and implementation of control measures that improve air
quality will likely accelerate protection of public health. The EAC
program allows participating State and local entities to make decisions
that will accelerate meeting the new 8-hour ozone standard using local
pollution control measures in addition to federally mandated measures.
While the choice of entering into an EAC was voluntary, all measures
adopted as part of the EAC are being proposed for incorporation into
the SIP and will be mandatory and federally enforceable.
In Region 4, EPA initially received 22 requests to enter into EACs
in December 2002, including 100 counties in four states. Currently,
there are 17 areas and 85 counties included in the EAC program in four
Region 4 states. Of those 17, only eight areas received a deferral of
their nonattainment designation. Five of the eight areas that have a
deferred nonattainment designation are now attaining the 8-hour ozone
standard and modeling attainment of that standard into the future.
Consistent with EPA's EAC Protocol, states with communities
participating in the EAC program had to submit plans for meeting the 8-
hour ozone standard by December 31, 2004, rather than June 15, 2007,
the Act's deadline for all other areas not meeting the standard. The
EAC protocol further requires communities to develop and implement air
pollution control strategies, account for emissions growth and
demonstrate attainment by 2007 and maintain the 8-hour ozone standard
until at least 2012. Greater details of the EAC program are explained
in EPA's December 16, 2003 (68 FR 70108) proposed Federal Register
document entitled ``Deferral of Effective Date of Nonattainment
Designations for 8-hour Ozone National Ambient Air Quality Standards
for Early Action Compact Areas.''
North Carolina submitted an EAC for the Unifour area on December
19, 2002, the Fayetteville area on December 20, 2002, and the Triad and
Mountain areas on December 23, 2002. These were signed by
representatives of the local communities, State air quality officials
and the Regional Administrator. The EPA deferred the effective date of
nonattainment designations for EAC areas that were violating the 8-hour
ozone standard, but continue to meet the compact milestones. Details of
this deferral were published in the April 30, 2004, (69 FR 23858),
Federal Register notice. The North Carolina EAC area designations are
discussed further in Section V of today's rulemaking. To date, the
North Carolina EAC areas have met all EAC milestones and, as long as
EAC areas continue to meet the agreed upon milestones, the
nonattainment designation will be deferred until April 15, 2008. At
that time EAC areas with air quality monitoring data showing attainment
for the years 2005-2007 that have also met all the compact milestones
will be designated as attainment for the 8-hour ozone standard.
V. What Are the North Carolina EAC Areas and Their Respective 8-Hour
Ozone Designations?
In April 2004 (69 FR 23858), EPA designated areas as nonattainment
for the 8-hour NAAQS based upon air quality monitoring data during the
2001 through 2003 ozone seasons. EPA designated counties in the
Mountain EAC area as unclassifiable/attainment, counties in the Unifour
EAC area and Cumberland County in the Fayetteville EAC area as
nonattainment-deferred, three counties in the Triad EAC area
unclassifiable/attainment and the remaining eight counties in the Triad
EAC area nonattainment-deferred for the 8-hour ozone standard (See
Table 1). Although the counties in the Mountain EAC area were
designated unclassifiable/attainment for the 8-hour ozone standard,
three counties opted to continue with the EAC process.
Table 1.--North Carolina EAC Areas and Their 8-Hour Ozone Designations
----------------------------------------------------------------------------------------------------------------
EAC areas EAC 8-hour ozone designation
----------------------------------------------------------------------------------------------------------------
Mountain Area of Western North Carolina EAC
Area (Mountain EAC Area):\4\
Buncombe County........................... Unclassifiable/Attainment.
Haywood County (partial).................. Unclassifiable/Attainment.
Madison County............................ Unclassifiable/Attainment.
Unifour EAC Area:
Alexander County.......................... Nonattainment-deferred.
Burke County (partial).................... Nonattainment-deferred.
Caldwell County (partial)................. Nonattainment-deferred.
Catawba County............................ Nonattainment-deferred.
Triad EAC Area:
Alamance County........................... Nonattainment-deferred.
Caswell County............................ Nonattainment-deferred.
Davidson County........................... Nonattainment-deferred.
[[Page 30392]]
Davie County.............................. Nonattainment-deferred.
Forsyth County............................ Nonattainment-deferred.
Guilford County........................... Nonattainment-deferred.
Randolph County........................... Nonattainment-deferred.
Rockingham County......................... Nonattainment-deferred.
Stokes County............................. Unclassifiable/Attainment.
Surry County.............................. Unclassifiable/Attainment.
Yadkin County............................. Unclassifiable/Attainment.
Fayetteville EAC Area:
Cumberland County......................... Nonattainment-deferred.
----------------------------------------------------------------------------------------------------------------
To date, the North Carolina EAC areas have met all EAC milestones
and, as long as EAC areas continue to meet the agreed upon milestones,
the impact of the designations will be deferred until April 15, 2008.
At that time, EPA will evaluate the 8-hour ozone designations for these
areas.
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\4\ Henderson and Transylvania Counties opted out of the
Mountain EAC area and are no longer participating.
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VI. How Is Attainment Demonstrated for the 8-Hour Ozone Standard With a
Photochemical Model?
An area will typically evaluate necessary control measures using
modeling programs to determine how that area can meet and maintain the
NAAQS. This process is no different for EAC areas which used modeling
and screening tests to evaluate attainment and maintenance of the 8-
hour ozone standard. The attainment test uses ambient air quality
monitored design values with model-generated ozone concentration data.
The test is applied at each monitor in the area as well as applicable
unmonitored modeling sites in the EAC area. A future year design value
is developed by multiplying the ratio of the future year to current
year model-predicted 8-hour daily maximum ozone concentrations by a
current design value. The current ambient air quality design value is
developed from air quality monitored data. Under EPA regulations at 40
CFR Part 50, the 8-hour ozone standard is attained when the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ambient ozone concentrations is less than or equal to 0.08 ppm. (See 69
FR 23857, April 30, 2004, for further information). If modeled
predicted future site-specific design values are less than 0.085 ppm at
each monitor site, the test is passed.\5\
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\5\ Although the ozone standard is 0.08 ppm, monitored values
less than 0.085 are rounded down to 0.08 whereas monitored values
equal to or greater than 0.085 are rounded up, and considered to be
an exceedance of the standard. The 8-hour ozone standard can also be
expressed in parts per billion and EPA often refers to monitors
meeting the standard if they monitor values less than 85 ppb.
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A. How Was Attainment Demonstrated Through the North Carolina EAC
Modeling?
The North Carolina modeling was developed consistent with the EPA
draft modeling guidance and EAC protocol guidance that was available
when the modeling was conducted.\6\ The air quality modeled
concentrations were developed using the Multiscale Air Quality
Simulation Platform (MAQSIP) multi-scale photochemical air quality
model. Representative episodes from several years were used in the base
year modeling to validate the model for use in developing a control
strategy for attainment of the 8-hour ozone NAAQS. The episodes were
chosen to be reflective of the most frequent meteorological conditions
that are conducive to 8-hour ozone exceedances. Three types of modeling
inventories are needed for the attainment demonstration modeling: The
base, current and future year inventories. The base year inventory
represents the year of the episode being modeled and is used for
evaluating the performance of the photochemical air quality model. The
base years and episodes used in this SIP demonstration are July 13-15,
1995, June 21-24, 1996, June 27-29, 1996 and July 11-15, 1997. The
second inventory is the ``current'' year inventory. For the North
Carolina EAC modeling demonstration, the current year is 2000 (this is
the most recent year that North Carolina DENR could develop in time for
the SIP demonstration). Ideally, the current year, which represents a
recent inventory, would be 2002. The use of older emission inventories
introduces more uncertainties as projections are made over longer time
periods. Areas with 8-hour ozone SIPs due in 2007 are expected to use
the 2002 inventory as mentioned in the policy memo (``2002 Base Year
Emission Inventory SIP Planning: 8-hr Ozone, PM2.5, and Regional Haze
Programs'' by Lydia N. Wegman dated November 18, 2002). However, for
EAC SIPs submitted in 2004, EPA will accept another year provided the
data represents recent conditions. The 2000 emission inventory was the
most recent inventory that was available for North Carolina to use in
their EAC SIP demonstration. The 2000 current year inventory is
processed using all of the different meteorological episodes being
studied. The photochemical modeling uses the current year inventory and
those results are used as a representation of current air quality
conditions. Several future year inventories were developed for the
attainment year (2007) and maintenance years (2012 and 2017). It is the
future year base inventories to which control strategies and
sensitivities are applied to determine the controls necessary to attain
the ozone standard. The attainment test is passed for all EAC area
monitors for the future years of 2007, 2012 and 2017 for the North
Carolina EAC areas using the higher of the most recent monitored design
values from 1999-2001 and 2001-2003. The future-predicted design values
from the North Carolina modeling are presented in Table 2. With the
exception of the Cooleemee monitor (which does indicate attainment) in
the Triad area, the future design values are well below 84 ppb for the
North Carolina EAC monitors.
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\6\ The EPA issued guidance on the air quality modeling that is
used to demonstrate attainment with the 8-hour ozone NAAQS. See U.S.
EPA, (1999), Draft Guideline on the Use of Models and Other Analysis
in Attainment Demonstrations for the 8-Hour Ozone NAAQS, EPA-454/R-
99-00413, (May 1999). A copy may be found on EPA's Web site at
https://www.epa.gov/ttn/scram/ (file name: ``DRAFT8HR'')
EPA, June, 2002. ``Protocol for Early Action Compacts Designed
to Achieve and Maintain the 8-Hour Ozone Standard''. Located at
https://www.epa.gov/ttn/naaqs/ozone/eac/.
``Appendix W to 40 CFR Part 51: Guideline on Air Quality
Models.'' Located at https://www.epa.gov/scram001/ (file name:
``Appendix W'').
[[Page 30393]]
Table 2.--North Carolina Future Design Values (ppb)
------------------------------------------------------------------------
Area/monitor 2007 2012 2017
------------------------------------------------------------------------
Fayetteville EAC Area:
Wade............................... 78 73 69
Golfview........................... 77 72 68
Mountain EAC Area:
Fry Pan............................ 77 73 73
Purchase Knob...................... 75 70 67
Bent Creek......................... 74 69 68
Waynesville........................ 71 67 65
Triad EAC Area:
Cooleemee.......................... 84 79 75
Hattie Avenue...................... 80 75 71
Union Cross........................ 79 73 70
Bethany............................ 76 71 70
Cherry Grove....................... 76 72 69
McLeansville....................... 76 71 68
Shiloh Church...................... 76 72 68
Sophia............................. 72 67 64
Plooirosa.......................... 69 65 63
Unifour EAC Area:
Taylorsville....................... 75 69 67
Lenoir/Caldwell County............. 73 68 66
------------------------------------------------------------------------
B. Were Supplemental Analyses Used in the Technical Demonstration for
Attainment in North Carolina?
According to the 1999 draft EPA 8-hour ozone modeling guidance (the
guidance available when North Carolina began their modeling), a weight
of evidence (WOE) determination is optional if attainment is modeled.
If it is submitted, it provides additional corroborative analyses to
support and strengthen the attainment modeling. A WOE determination
uses different analyses than the photochemical model and is therefore
useful in providing corroboration of the results of a photochemical
model. These analyses are particularly useful if the attainment test
results are within a few parts per million of the 8-hour ozone
standard. The State of North Carolina chose to submit a WOE
determination to support the attainment modeling results. The WOE
determination results varied for each EAC area but are supportive of
the modeling conclusions for attainment. The WOE determination is
described in detail and for each EAC area in the Technical Support
Document (TSD) \7\ for this document. The WOE determination elements in
the SIP submittal are summarized below.
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\7\ The TSD can be found in RME ID No. R04-OAR-2004-NC-0005 (see
the ADDRESSES section of this notice for further information on
RME).
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Three analysis items as defined in the draft EPA 8-hour ozone
modeling guidance and two state-derived analyses were developed using
the air quality modeling. A percent reduction is developed for the
relative change between the current and future year for the five
analysis items. The five air quality modeling analyses are:
1. Number () of grid cells with hourly 8-hour ozone
concentration > 84 ppb
2. Number of maximum daily 8-hour ozone concentration > 84 ppb
3. Sum of grid-cells with predicted hourly 8-hour ozone
concentration > 84 ppb
4. Sum of grid-cells with predicted maximum daily 8-hour ozone
concentration > 84 ppb
5. Number of grid cells with predicted maximum 8-hour ozone
concentrations sorted within EPA's Air Quality Index codes (e.g.,
green, yellow, orange and red categories)
An 80 percent change in the number of grid cells for a metric
represents a sizeable improvement in 8-hour ozone concentrations. The
WOE modeling-based results illustrate reductions in expected future
year ozone. However, the majority of local EAC control measures were
not included in the modeling. The expected emission reductions from the
measures which were not modeled further support the conclusion that the
EAC areas will attain and maintain the 8-hour ozone standard. EAC
control measures are discussed in Section VII of this notice.
Table 3.--Average Percent (%) Reductions From Weight of Evidence Determination Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent reduction for each EAC area
Analysis item --------------------------------------------------------------------------------------------------------------------------
Triad Fayetteville Mountain Unifour
--------------------------------------------------------------------------------------------------------------------------------------------------------
grid cells with >95% (2007).................. 100% (2007, 2012, 2017)....... >95% (2007)................. >85% (2007)
hourly 8-hour ozone 100% (2012 & 2017)........... 100% (2012 & 2017).......... >95% (2012 & 2017)
concentration > 84 ppb.
maximum daily 8 >95% (2007).................. 100% (2007, 2012, 2017)....... >95% (2007)................. >85% (2007)
hour ozone concentration > 100% (2012 & 2017)........... 100% (2012 & 2017).......... >95% (2012 & 2017)
84 ppb.
sum of grid-cells with >95% (2007).................. 100% (2007, 2012, 2017)....... >95% (2007)................. >85% (2007)
predicted hourly 8-hour 100% (2012 & 2017)........... 100% (2012 & 2017).......... >95% (2012 & 2017)
ozone concentration > 84 ppb.
sum of grid-cells with >95% (2007).................. 100% (2007, 2012, 2017)....... >95% (2007)................. >85% (2007)
predicted maximum daily 8- 100% (2012 & 2017)........... 100% (2012 & 2017).......... >95% (2012 & 2017)
hour ozone concentration >
84 ppb.
[[Page 30394]]
number of grid cells for >95% (2007).................. 100% (2007, 2012, 2017)....... 100% (2007, 2012, 2017)..... 100% (2007, 2012, 2017)
EPA's Air Quality Index 100% (2012 & 2017)...........
orange and red codes
combined.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The reductions presented in Table 3 well surpassed the EPA draft 8-
hour ozone modeling guidance recommendation of achieving grid cell
improvements.
C. What Is the Maintenance for Growth Plan for the EAC Areas?
In addition to control measures designed to attain and maintain the
8-hour ozone standard, North Carolina's EAC SIP also includes a
comprehensive maintenance plan. In summary, North Carolina proposes to
implement a maintenance plan similar to the requirements for section
175A of the Clean Air Act, which requires maintenance plans to be
submitted for all areas redesignated from nonattainment to attainment.
EPA's EAC Protocol required demonstration of maintenance of the 8-hour
ozone standard through 2012; North Carolina's maintenance plan models
attainment through 2017. The North Carolina maintenance plan also
includes the following:
1. An attainment demonstration for the 2007-2017 period. Future
design values developed through modeling for 2007, 2012 and 2017 that
are below 85 ppb at all monitors in the EAC areas.
2. A commitment for a mid point evaluation in 2012.
3. A commitment to develop the maintenance plan for a second 10-
year period for 2017-2027 and a schedule for developing that plan
including emission inventories and air quality modeling. The schedule
is as follows:
December 2004--North Carolina submits EAC SIP, covering
both attainment date of 2007 and first 10-year maintenance period
through 2017
April 2005--State of North Carolina and EAC areas
implement EAC measures
December 2005--First annual tracking report is submitted
to EPA
December 2006--Second annual tracking report is submitted
to EPA
December 2007--Attainment date
December 2007--Third annual tracking report is submitted
to EPA
April 2008--EPA designates area attainment for the 8-hour
ozone standard providing areas have 3 years of quality assured data
showing attainment
December 2008--The State completes evaluation of new
emissions data and determines whether revised modeling analysis is
required
December 2008--Fourth annual tracking report is submitted
to EPA and continues for each year thereafter through the end of the
maintenance period
January 2013--The State begins work on 10-year maintenance
plan update
December 2015--Submits 10-year maintenance plan update to
EPA
December 2027--20-year maintenance plan and annual
tracking for growth concludes.
4. A commitment to update the EAC plan and submit to EPA in 2015.
5. A commitment to annually track stationary and highway mobile
source emissions. Provides triggers (emissions growth thresholds and
rates) and actions (air quality analyses, modeling and adopting
additional controls) to be performed to address emission growth.
6. Based on the tracking of the growth of stationary and onroad
mobile source emissions, North Carolina will commit to adopt and
implement additional control measures, if needed, throughout the
maintenance period.
7. A commitment to perform air quality analyses reviews and report
each December.
8. Commitments for tracking and taking follow-up action are in
force unless the 8-hour ozone standard is revoked in the future. North
Carolina believes that would happen only in the event that EPA revises
or revokes the current 8-hour ozone standard of 0.08 parts per million.
To date, EPA has not proposed any revisions to the ozone NAAQS.
9. A commitment to evaluate, in 2008, whether or not a full
modeling update is needed for all EAC areas.
10. Provide the following timeline of actions and submittals for
the maintenance plan from December 2004 to December 2027.
D. What Are EPA's Conclusions on the North Carolina EAC Technical
Demonstration for Attainment and Maintenance?
Attainment and maintenance of the 8-hour ozone NAAQS is
demonstrated in the North Carolina EAC SIP submittal. EPA believes that
the appropriate data and procedures are used to assess 8-hour ozone
attainment for the NC EAC areas. EPA's analysis indicates that the
combination of local scale modeling, WOE analyses and control
strategies demonstrates attainment of the 8-hour ozone NAAQS for each
North Carolina EAC area. Additional details of the North Carolina EAC
modeling are presented in the TSD for the State submittal.
VII. What Measures Are Included in This EAC SIP Submittal?
The North Carolina submittal describes that several control
measures are already in place or being implemented over the next few
years that will contribute to attainment and maintenance of the 8-hour
ozone standard. These measures include controls on both stationary and
mobile emissions sources. The Federal and State control measures were
modeled for the future years.
The Federal control measures that were modeled by North Carolina
included the Tier 2 vehicle standards and low sulfur gasoline, which
affects all passenger vehicles in a manufacturer's fleet; the heavy-
duty gasoline and diesel highway vehicle standards, which are designed
to reduce NOX and VOC emissions from heavy duty gasoline and
diesel highway vehicles; large nonroad diesel engine standards, for
equipment such as those used in construction, agricultural, and
industrial equipment; and nonroad spark ignition engines and
recreational engines standard, which will regulate NOX, HC
and CO for groups of previously unregulated nonroad engines.
The State control measures that were modeled included the Clean Air
Bill, in which the vehicle emissions inspection and maintenance program
was expanded from 9 counties to 48, phased in between July 1, 2002
through January 1, 2006. Another State measure was the NOX
SIP Call Rule, which will reduce summertime NOX emissions
from power plants and other industries by 68 percent by 2006. These
reductions began to be implemented in 2002. The
[[Page 30395]]
Clean Smokestacks Act will reduce NOX emissions beyond the
requirements of the NOX SIP Call Rule and will require coal-
fired power plants to reduce annual NOX emissions by 78
percent by 2009 and be applied year round. This is one of the first
state laws of its kind in the nation. An open burning ban is another
state control measure that was modeled.
The only local control measure that was modeled was the fuel
switching at one of the RJ Reynolds facilities in the Triad EAC area.
The modeling results clearly show reductions in expected future year
ozone levels. The majority of local EAC control measures were not
included in the modeling. These expected emission reductions further
support the conclusion that the North Carolina EAC areas will attain
and maintain the 8-hour ozone standard in the future. Examples of these
expected emission reductions not modeled are summarized in Table 4. For
a complete list of local reductions see Appendix Q of the December 17,
2004, 8-hour ozone attainment demonstration for the North Carolina EAC
areas submitted to EPA on December 21, 2004 found in the RME system as
mentioned in the ADDRESSES section of today's rulemaking.
Table 4.--Additional EAC Local Reductions not Modeled
------------------------------------------------------------------------
Estimated reduction
Strategy ---------------------------------------
NOX (tons/year) VOC (tons/year)
------------------------------------------------------------------------
Triad EAC:
Increase ridership on 3.5............... 5.0
municipal and regional bus
service.
Create new Park and Ride 3.2............... 1.8
Lots.
Expand PART ride sharing & 0.7............... 0.7
vanpooling.
Expand car pooling.......... 19.0.............. 23.2
Diesel retrofits on school 23.0.............. 17.0
buses.
Truck Stop Electrification.. 35.0.............. 1.8
Duke Energy Anti-Idling 0.7............... --
Policy.
Increase use of Biodiesel... 2% increase in 30% increase in
Biodiesel use. Biodiesel use.
Fayetteville EAC:
Landfill harvesting methane 5.0............... ..................
and selling energy.
Retrofitting Diesel School .................. 42% reduction.
buses.
Unifour EAC:
Expanded Public 0.4............... 0.5
Transportation.
Compressed Work Weeks....... 1.3............... 1.5
Regional Bicycle & 1.6............... 2.0
Pedestrian Plan.
City and County Energy Plan. 0.4............... 0.5
------------------------------------------------------------------------
The modeled control measures detailed in Section VII meet the
requirements of the EAC protocol: they are specific, quantified,
permanent and will be federally enforceable when approved by EPA. In
compliance with the next EAC program milestone, each of the control
measures listed above, including any measures substituted by local
areas, are scheduled to be implemented on or before December 31, 2005.
The TSD contains additional information on each of these control
measures, as well as information on numerous local measures that are
expected to have benefits, but for which specific emission reductions
were not quantified.
Despite the growth estimated for the EAC areas, the more stringent
federal emission standards are projected to substantially reduce
emissions of NOX and VOCs in the newer fleet of vehicles.
Improved emission controls in major industrial, commercial and
institutional facilities (point sources) are also projected to
significantly reduce emissions of NOX. Using air quality
models to anticipate the impact of growth, as well as the state-
assisted and locally-implemented measures to reduce emissions, the
State has projected the EAC areas will be in attainment of the 8-hour
ozone standard in 2007 and will remain in attainment through 2012 and
2017. The EPA has reviewed the modeling and emission projections and
believes attainment is demonstrated. Therefore, EPA is proposing to
approve the demonstration of attainment.
VIII. What Happens if the Area Does Not Meet the EAC Commitments or
Milestones?
In the April 30, 2004, (69 FR 23858) Final Rulemaking, EPA
designated counties in the Mountain EAC area as unclassifiable/
attainment, and counties in the Unifour, Fayetteville and Triad EAC
areas as nonattainment-deferred for the 8-hour ozone standard. The
Triad EAC area includes counties that are designated unclassifiable/
attainment and counties that are designated nonattainment-deferred in
the 69 FR 23858. In accordance with the April 30, 2004, (69 FR 23858)
Final Rulemaking the effective date of nonattainment for the EAC areas
(see Table 4) has been deferred until September 30, 2005. The measures
outlined in the North Carolina SIP submittal provide every indication
that the North Carolina EAC areas will attain the 8-hour ozone standard
by December 31, 2007 and complete each milestone and action agreed upon
in the compact. However, if one milestone is missed, EPA will take
action to propose and promulgate a finding of failure to meet the
milestone, and to withdraw the deferred effective date of the
nonattainment designation.
IX. Why Are We Proposing To Approve This EAC SIP Submittal?
We are proposing to approve this EAC SIP submittal because the SIP
submittal demonstrates attainment by December 31, 2007 and maintenance
of that standard through 2027. We have reviewed the submittal and
determined that it is consistent with the requirements of the Act,
EPA's policy, and the EAC protocol. The TSD contains detailed
information concerning this rulemaking action.
Approving the EAC submittals into the SIP will also mean that
measures and controls identified therein become federally enforceable
and the North Carolina EAC areas' citizens will start to benefit from
reductions in air pollution sooner than if the areas were designated
nonattainment. See Section VII of this rulemaking action for the
description of air pollution control measures. Finally, it means that
EPA has determined that the EAC areas have continued to fulfill the
milestones and obligations of the
[[Page 30396]]
EAC Program. In a separate action, EPA will take action proposing to
defer the effective date of nonattainment designation for these areas
until December 31, 2006, so long as the areas continue to fulfill the
EAC obligations, including semi-annual reporting requirements,
implementation of the measures in the EAC submittal by December 31,
2005, and a progress assessment by June 30, 2006.
X. Proposed Action
EPA is proposing to approve the attainment demonstration and the
Mountain area, Unifour area, Triad area and Fayetteville area EACs and
incorporate these into the North Carolina SIP. The modeling of ozone
and ozone precursor emissions from sources in the four North Carolina
EAC areas demonstrate that the specified control strategies will
provide for attainment of the 8-hour ozone NAAQS by December 31, 2007.
These specified control strategies are consistent with the EAC program.
XI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve State law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under State law and does not impose any
additional enforceable duty beyond that required by State law, it 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).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
actions, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2005.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05-10473 Filed 5-25-05; 8:45 am]
BILLING CODE 6560-50-P
