Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; North Carolina: Greensboro-Winston Salem-High Point; Determination of Attaining Data for the 1997 Fine Particulate Matter Standard, 51249-51252 [E9-24057]

Download as PDF Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Proposed Rules EPA’s review of these data indicates that the Hickory, North Carolina, nonattainment area has met and continues to meet the 1997 PM2.5 NAAQS. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS V. Proposed Action EPA is proposing to determine that the Hickory, North Carolina, nonattainment area for the 1997 PM2.5 NAAQS has attained the 1997 PM2.5 NAAQS based on 2006–2008 monitoring data. As provided in 40 CFR 51.1004(c), if EPA finalizes this determination, it will suspend the requirement for the State of North Carolina to submit for this area an attainment demonstration and associated RACM, RFP plan, contingency measures, and any other planning SIPs related to attainment of the 1997 PM2.5 NAAQS as long as the area continues to attain the 1997 PM2.5 NAAQS. VI. Statutory and Executive Order Reviews This action proposes to make a determination based on air quality data, and would, if finalized, result in the suspension of certain Federal requirements. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement VerDate Nov<24>2008 13:17 Oct 05, 2009 Jkt 220001 Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [FR Doc. E9–24059 Filed 10–5–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2009–0561–200919; FRL– 8965–8] Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; North Carolina: Greensboro-Winston Salem-High Point; Determination of Attaining Data for the 1997 Fine Particulate Matter Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to determine that the Greensboro-Winston Salem-High Point, North Carolina, (hereafter referred to as ‘‘Greensboro, North Carolina’’) nonattainment area for the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) has attained the 1997 PM2.5 NAAQS. This proposed determination is based upon complete, quality assured, quality controlled, and certified ambient air monitoring data for the years 2006– 2008 showing that this area has monitored attainment of the 1997 PM2.5 NAAQS. In addition, monitoring data thus far available, but not yet certified, in the EPA Air Quality System (AQS) database for 2009 show that this area PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 51249 continues to meet the 1997 PM2.5 NAAQS. If this proposed determination is made final, the requirement for the State of North Carolina to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the standard for the Greensboro, North Carolina, PM2.5 nonattainment area, shall be suspended. This requirement would remain suspended as long as this area continues to meet the 1997 PM2.5 NAAQS. DATES: Written comments must be received on or before November 5, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2009–0561 by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: benjamin.lynorae@epa.gov. 3. Fax: (404) 562–9019. 4. Mail: ‘‘EPA–R04–OAR–2009– 0561,’’ Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R04–OAR–2009– 0561. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through https:// www.regulations.gov or by e-mail information that you consider to be CBI or otherwise protected. The https:// www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you E:\FR\FM\06OCP1.SGM 06OCP1 CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS 51250 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Proposed Rules provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the electronic docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Joel Huey, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Mr. Huey may be reached by phone at (404) 562– 9104 or via electronic mail at huey.joel@epa.gov. SUPPLEMENTARY INFORMATION: I. What Action Is EPA Taking? II. What Is the Effect of This Action? III. What Is the Background for This Action? IV. What Is EPA’s Analysis of the Relevant Air Quality Data? V. Proposed Action VerDate Nov<24>2008 13:17 Oct 05, 2009 Jkt 220001 VI. Statutory and Executive Order Reviews I. What Action Is EPA Taking? EPA is proposing to determine that the Greensboro, North Carolina, PM2.5 nonattainment area has attained the 1997 PM2.5 NAAQS. This determination is based upon complete, quality assured, quality controlled, and certified ambient air monitoring data for the years 2006– 2008 showing that the area has monitored attainment of the 1997 PM2.5 NAAQS. In addition, monitoring data thus far available, but not yet certified, in the EPA AQS database for 2009, show that this area continues to meet the 1997 PM2.5 NAAQS. II. What Is the Effect of This Action? If this determination is made final, under the provisions of EPA’s PM2.5 implementation rule (see 40 CFR 51.1004(c)), the requirement for the State of North Carolina to submit an attainment demonstration and associated RACM, RFP plan, contingency measures, and any other planning SIPs related to attainment of the 1997 PM2.5 NAAQS for the Greensboro, North Carolina, PM2.5 nonattainment area, shall be suspended. This requirement would remain suspended as long as this area continues to meet the 1997 PM2.5 NAAQS. As further discussed below, the proposed determination for the Greensboro, North Carolina, PM2.5 nonattainment area would: (1) Suspend the requirement to submit an attainment demonstration and associated RACM (including reasonably available control technologies), RFP plan, contingency measures, and any other planning SIPs related to attainment of the 1997 PM2.5 NAAQS; (2) continue until such time, if any, that EPA subsequently determines that the area has violated the 1997 PM2.5 NAAQS; (3) be separate from, and not influence or otherwise affect, any future designation determination or requirements for the Greensboro, North Carolina, area based on the 2006 PM2.5 NAAQS; and (4) remain in effect regardless of whether EPA designates this area as a nonattainment area for purposes of the 2006 PM2.5 NAAQS. Furthermore, as described below, any such final determination would not be equivalent to the redesignation of the area to attainment based on the 1997 PM2.5 NAAQS. If this rulemaking is finalized and EPA subsequently determines, after notice-and-comment rulemaking in the Federal Register, that the area has violated the 1997 PM2.5 NAAQS, the basis for the suspension of the specific requirements, set forth at 40 CFR 51.1004(c), would no longer exist, and PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 the area would thereafter have to address pertinent requirements. The determination that EPA proposes with this Federal Register notice is not equivalent to a redesignation of the area to attainment. This proposed action, if finalized, would not constitute a redesignation to attainment under section 107(d)(3) of the Clean Air Act (CAA) because we would not yet have an approved maintenance plan for the area as required under section 175A of the CAA nor a determination that the area has met the other requirements for redesignation. The designation status of the area would remain nonattainment for the 1997 PM2.5 NAAQS until such time as EPA determines that it meets the CAA requirements for redesignation to attainment. This proposed action, if finalized, is limited to a determination that the Greensboro, North Carolina, PM2.5 nonattainment area has attained the 1997 PM2.5 NAAQS. The 1997 PM2.5 NAAQS became effective on July 18, 1997 (62 FR 36852), and are set forth at 40 CFR 50.7. The 2006 PM2.5 NAAQS, which became effective on December 18, 2006 (71 FR 61144), are set forth at 40 CFR 50.13. EPA is currently in the process of making designation determinations, as required by CAA section 107(d)(1), for the 2006 PM2.5 NAAQS. EPA has not made any designation determination for the Greensboro, North Carolina, area based on the 2006 PM2.5 NAAQS. This proposed determination, and any final determination, will have no effect on, and is not related to, any future designation determination that EPA may make based on the 2006 PM2.5 NAAQS for the Greensboro, North Carolina, area. Conversely, any future designation determination of the Greensboro, North Carolina, area, based on the 2006 PM2.5 NAAQS, will not have any effect on the determination proposed by this notice. If this proposed determination is made final and the Greensboro, North Carolina, area continues to demonstrate attainment with the 1997 PM2.5 NAAQS, the requirement for the State of North Carolina to submit for the Greensboro, North Carolina, PM2.5 nonattainment area an attainment demonstration and associated RACM, RFP plan, contingency measures, and any other planning SIPs related to attainment of the 1997 PM2.5 NAAQS will remain suspended regardless of whether EPA designates this area as a nonattainment area for purposes of the 2006 PM2.5 NAAQS. Once the area is designated for the 2006 NAAQS, it will have to meet all applicable requirements for that designation. E:\FR\FM\06OCP1.SGM 06OCP1 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Proposed Rules III. What Is the Background for This Action? On July 18, 1997 (62 FR 36852), EPA established a health-based PM2.5 NAAQS at 15.0 micrograms per cubic meter (μg/m3) based on a 3-year average of annual mean PM2.5 concentrations, and a twenty-four hour standard of 65 μg/m3 based on a 3-year average of the 98th percentile of 24-hour concentrations. EPA established the standards based on significant evidence and numerous health studies demonstrating that serious health effects are associated with exposure to particulate matter. The process for designating areas following promulgation of a new or revised NAAQS is contained in section 107(d)(1) of the CAA. EPA and State air quality agencies initiated the monitoring process for the 1997 PM2.5 NAAQS in 1999 and began operating all air quality monitors by January 2001. On January 5, 2005, EPA published its air quality 51251 (1) The annual primary and secondary PM2.5 standards are met when the annual arithmetic mean concentration, as determined in accordance with 40 CFR Part 50, Appendix N, is less than or equal to 15.0 μg/m3. (2) The 24-hour primary and secondary PM2.5 standards are met when the 98th percentile 24-hour concentration, as determined in accordance with 40 CFR Part 50, Appendix N, is less than or equal to 65 μg/m3. Table 1 shows the design values (the metrics calculated in accordance with 40 CFR part 50, appendix N, for determining compliance with the NAAQS) for the 1997 Annual PM2.5 NAAQS for the Greensboro, North Carolina, nonattainment area monitors for the years 2006–2008. Table 2 shows the design values for the 1997 24-hour PM2.5 NAAQS for these same monitors for the same 3-year period. designations and classifications for the 1997 PM2.5 NAAQS based upon air quality monitoring data from those monitors for calendar years 2001–2003 (70 FR 944). These designations became effective on April 5, 2005. The Greensboro, North Carolina, area is comprised of Davidson County and Guilford County, North Carolina, and was designated nonattainment for the 1997 PM2.5 NAAQS (see 40 CFR part 81). IV. What Is EPA’s Analysis of the Relevant Air Quality Data? EPA has reviewed the ambient air monitoring data for PM2.5, consistent with the requirements contained in 40 CFR part 50, as recorded in the EPA AQS database for the Greensboro, North Carolina, PM2.5 nonattainment area. On the basis of that review, EPA has concluded that this area attained the 1997 PM2.5 NAAQS during the 2006– 2008 monitoring period. Under EPA regulations at 40 CFR 50.7: TABLE 1—DESIGN VALUE FOR COUNTIES IN THE GREENSBORO, NORTH CAROLINA NONATTAINMENT AREA FOR 1997 PM2.5 NAAQS—ANNUAL STANDARD Location AQS site ID Davidson County .................................... Guilford County ...................................... 2006 average 37–057–0002 37–081–0013 2007 average 15.126 14.497 2008 average 14.636 13.140 2006–2008 design value 13.611 11.577 14.5 13.1 TABLE 2—DESIGN VALUE FOR COUNTIES IN THE GREENSBORO, NORTH CAROLINA NONATTAINMENT AREA FOR 1997 PM2.5 NAAQS—24-HOUR STANDARD Location AQS site ID Davidson County .................................... Guilford County ...................................... 37–057–0002 37–081–0013 EPA’s review of these data indicates that the Greensboro, North Carolina, nonattainment area has met and continues to meet the 1997 PM2.5 NAAQS. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS V. Proposed Action EPA is proposing to determine that the Greensboro, North Carolina, nonattainment area for the 1997 PM2.5 NAAQS has attained the 1997 PM2.5 NAAQS based on 2006–2008 monitoring data. As provided in 40 CFR 51.1004(c), if EPA finalizes this determination, it will suspend the requirements for the State of North Carolina to submit for this area an attainment demonstration and associated RACM, RFP plan, contingency measures, and any other VerDate Nov<24>2008 13:17 Oct 05, 2009 Jkt 220001 2006 98th percentile 2007 98th percentile 31.0 31.3 30.9 28.4 planning SIPs related to attainment of the 1997 PM2.5 NAAQS as long as the area continues to attain the 1997 PM2.5 NAAQS. VI. Statutory and Executive Order Reviews This action proposes to make a determination based on air quality data, and would, if finalized, result in the suspension of certain Federal requirements. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 2008 98th percentile 24.7 24.6 2006–2008 design value 29 28 • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National E:\FR\FM\06OCP1.SGM 06OCP1 51252 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Proposed Rules Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have Tribal implications, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter. Dated: September 28, 2009. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [FR Doc. E9–24057 Filed 10–5–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 86 and 600 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Parts 531, 533, 537, and 538 [EPA–HQ–OAR–2009–0472; FRL–8966–9; NHTSA–2009–0059] RIN 2060–AP58; 2127–AK90 Public Hearing Locations for the Proposed Rulemaking To Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS AGENCY: Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA). ACTION: Notice of public hearings. SUMMARY: EPA and NHTSA are announcing the location addresses for the joint public hearings to be held for the ‘‘Proposed Rulemaking to Establish Light-Duty Vehicle Greenhouse Gas VerDate Nov<24>2008 13:17 Oct 05, 2009 Jkt 220001 Emission Standards and Corporate Average Fuel Economy Standards,’’ published in the Federal Register on September 28, 2009. This joint proposed rulemaking is consistent with the National Fuel Efficiency Policy announced by President Obama on May 19, 2009, responding to the country’s critical need to address global climate change and to reduce oil consumption. As described in the joint proposed rule, EPA is proposing greenhouse gas emissions standards under the Clean Air Act, and NHTSA is proposing Corporate Average Fuel Economy standards under the Energy Policy and Conservation Act, as amended. These standards apply to passenger cars, light-duty trucks, and medium-duty passenger vehicles, covering model years 2012 through 2016, and represent a harmonized and consistent National Program. The joint proposed rule provides the dates, times, cities, instructions and other information for the public hearings and these details have not changed. DATES: NHTSA and EPA will jointly hold three public hearings on the following dates: October 21, 2009, in Detroit, Michigan, October 23, 2009 in New York, New York, and October 27, 2009 in Los Angeles, California. The hearings will start at 9 a.m. local time and continue until everyone has had a chance to speak. If you would like to present testimony at the public hearings, we ask that you notify the EPA and NHTSA contact persons listed under FOR FURTHER INFORMATION CONTACT at least ten days before the hearing. ADDRESSES: NHTSA and EPA will jointly hold three public hearings at the following locations: Detroit Metro Airport Marriott, 30559 Flynn Drive, Romulus, Michigan 48174 on October 21, 2009; New York LaGuardia Airport Marriott, 102–05 Ditmars Boulevard, East Elmhurst, New York 11369 on October 23, 2009; and Renaissance Los Angeles Airport Hotel, 9620 Airport Boulevard, Los Angeles, California 90045 on October 27, 2009. Please see the proposed rule for addresses and detailed instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: EPA: Tad Wysor, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 734–214– PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 4332; fax number: 734–214–4816; e-mail address: wysor.tad@epa.gov, or Assessment and Standards Division Hotline; telephone number (734) 214– 4636; e-mail address asdinfo@epa.gov. NHTSA: Rebecca Yoon, Office of Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366–2992. SUPPLEMENTARY INFORMATION: The proposal for which NHTSA and EPA are jointly holding the public hearings was published in the Federal Register on September 28, 2009.1 The proposed rule provides the dates, times, cities, instructions for how to participate and other information on the public hearings and these details have not changed. If you would like to present testimony at the public hearings, we ask that you notify the EPA and NHTSA contact persons listed under FOR FURTHER INFORMATION CONTACT at least ten days before the hearing. See the SUPPLEMENTARY INFORMATION section on ‘‘Public Participation’’ in the proposed rule for more information about the public hearings.2 Also, please refer to the proposed rule for addresses and detailed instructions for submitting comments. This notice of public hearings further provides the location addresses for the hearings, shown below: October 21, 2009: Detroit Metro Airport Marriott, 30559 Flynn Drive, Romulus, Michigan 48174, 734–214– 7555. October 23, 2009: New York LaGuardia Airport Marriott, 102–05 Ditmars Boulevard, East Elmhurst, New York 11369, 718–565–8900. October 27, 2009: Renaissance Los Angeles Airport Hotel, 9620 Airport Boulevard, Los Angeles, California 90045, 310–337–2800. Dated: October 1, 2009. Paul N. Argyropoulos, Acting Director, Office of Transportation and Air Quality, Environmental Protection Agency. Dated: October 1, 2009. Stephen R. Kratzke, Associate Administrator for Rulemaking, National Highway Traffic Safety Administration. [FR Doc. E9–24159 Filed 10–5–09; 8:45 am] BILLING CODE 6560–50–P 1 74 2 74 E:\FR\FM\06OCP1.SGM FR 49454, September 28, 2009. FR 49455, September 28, 2009. 06OCP1

Agencies

[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Proposed Rules]
[Pages 51249-51252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24057]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0561-200919; FRL-8965-8]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; North 
Carolina: Greensboro-Winston Salem-High Point; Determination of 
Attaining Data for the 1997 Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to determine that the Greensboro-Winston 
Salem-High Point, North Carolina, (hereafter referred to as 
``Greensboro, North Carolina'') nonattainment area for the 1997 fine 
particulate matter (PM2.5) National Ambient Air Quality 
Standard (NAAQS) has attained the 1997 PM2.5 NAAQS. This 
proposed determination is based upon complete, quality assured, quality 
controlled, and certified ambient air monitoring data for the years 
2006-2008 showing that this area has monitored attainment of the 1997 
PM2.5 NAAQS. In addition, monitoring data thus far 
available, but not yet certified, in the EPA Air Quality System (AQS) 
database for 2009 show that this area continues to meet the 1997 
PM2.5 NAAQS. If this proposed determination is made final, 
the requirement for the State of North Carolina to submit an attainment 
demonstration and associated reasonably available control measures 
(RACM), a reasonable further progress (RFP) plan, contingency measures, 
and other planning State Implementation Plans (SIPs) related to 
attainment of the standard for the Greensboro, North Carolina, 
PM2.5 nonattainment area, shall be suspended. This 
requirement would remain suspended as long as this area continues to 
meet the 1997 PM2.5 NAAQS.

DATES: Written comments must be received on or before November 5, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0561 by one of the following methods:
    1. https://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: benjamin.lynorae@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2009-0561,'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2009-0561. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through https://www.regulations.gov or by e-mail information that you consider to be 
CBI or otherwise protected. The https://www.regulations.gov Web site is 
an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you

[[Page 51250]]

provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through https://www.regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in https://www.regulations.gov or in hard copy at the Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all 
possible, you contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joel Huey, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Mr. Huey may be reached by 
phone at (404) 562-9104 or via electronic mail at huey.joel@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. What Is the Background for This Action?
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is proposing to determine that the Greensboro, North Carolina, 
PM2.5 nonattainment area has attained the 1997 
PM2.5 NAAQS. This determination is based upon complete, 
quality assured, quality controlled, and certified ambient air 
monitoring data for the years 2006-2008 showing that the area has 
monitored attainment of the 1997 PM2.5 NAAQS. In addition, 
monitoring data thus far available, but not yet certified, in the EPA 
AQS database for 2009, show that this area continues to meet the 1997 
PM2.5 NAAQS.

II. What Is the Effect of This Action?

    If this determination is made final, under the provisions of EPA's 
PM2.5 implementation rule (see 40 CFR 51.1004(c)), the 
requirement for the State of North Carolina to submit an attainment 
demonstration and associated RACM, RFP plan, contingency measures, and 
any other planning SIPs related to attainment of the 1997 
PM2.5 NAAQS for the Greensboro, North Carolina, 
PM2.5 nonattainment area, shall be suspended. This 
requirement would remain suspended as long as this area continues to 
meet the 1997 PM2.5 NAAQS.
    As further discussed below, the proposed determination for the 
Greensboro, North Carolina, PM2.5 nonattainment area would: 
(1) Suspend the requirement to submit an attainment demonstration and 
associated RACM (including reasonably available control technologies), 
RFP plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM2.5 NAAQS; (2) continue until such 
time, if any, that EPA subsequently determines that the area has 
violated the 1997 PM2.5 NAAQS; (3) be separate from, and not 
influence or otherwise affect, any future designation determination or 
requirements for the Greensboro, North Carolina, area based on the 2006 
PM2.5 NAAQS; and (4) remain in effect regardless of whether 
EPA designates this area as a nonattainment area for purposes of the 
2006 PM2.5 NAAQS. Furthermore, as described below, any such 
final determination would not be equivalent to the redesignation of the 
area to attainment based on the 1997 PM2.5 NAAQS.
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that the 
area has violated the 1997 PM2.5 NAAQS, the basis for the 
suspension of the specific requirements, set forth at 40 CFR 
51.1004(c), would no longer exist, and the area would thereafter have 
to address pertinent requirements.
    The determination that EPA proposes with this Federal Register 
notice is not equivalent to a redesignation of the area to attainment. 
This proposed action, if finalized, would not constitute a 
redesignation to attainment under section 107(d)(3) of the Clean Air 
Act (CAA) because we would not yet have an approved maintenance plan 
for the area as required under section 175A of the CAA nor a 
determination that the area has met the other requirements for 
redesignation. The designation status of the area would remain 
nonattainment for the 1997 PM2.5 NAAQS until such time as 
EPA determines that it meets the CAA requirements for redesignation to 
attainment.
    This proposed action, if finalized, is limited to a determination 
that the Greensboro, North Carolina, PM2.5 nonattainment 
area has attained the 1997 PM2.5 NAAQS. The 1997 
PM2.5 NAAQS became effective on July 18, 1997 (62 FR 36852), 
and are set forth at 40 CFR 50.7. The 2006 PM2.5 NAAQS, 
which became effective on December 18, 2006 (71 FR 61144), are set 
forth at 40 CFR 50.13. EPA is currently in the process of making 
designation determinations, as required by CAA section 107(d)(1), for 
the 2006 PM2.5 NAAQS. EPA has not made any designation 
determination for the Greensboro, North Carolina, area based on the 
2006 PM2.5 NAAQS. This proposed determination, and any final 
determination, will have no effect on, and is not related to, any 
future designation determination that EPA may make based on the 2006 
PM2.5 NAAQS for the Greensboro, North Carolina, area. 
Conversely, any future designation determination of the Greensboro, 
North Carolina, area, based on the 2006 PM2.5 NAAQS, will 
not have any effect on the determination proposed by this notice.
    If this proposed determination is made final and the Greensboro, 
North Carolina, area continues to demonstrate attainment with the 1997 
PM2.5 NAAQS, the requirement for the State of North Carolina 
to submit for the Greensboro, North Carolina, PM2.5 
nonattainment area an attainment demonstration and associated RACM, RFP 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM2.5 NAAQS will remain suspended 
regardless of whether EPA designates this area as a nonattainment area 
for purposes of the 2006 PM2.5 NAAQS. Once the area is 
designated for the 2006 NAAQS, it will have to meet all applicable 
requirements for that designation.

[[Page 51251]]

III. What Is the Background for This Action?

    On July 18, 1997 (62 FR 36852), EPA established a health-based 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations, and a twenty-four hour standard of 65 [mu]g/m\3\ based 
on a 3-year average of the 98th percentile of 24-hour concentrations. 
EPA established the standards based on significant evidence and 
numerous health studies demonstrating that serious health effects are 
associated with exposure to particulate matter. The process for 
designating areas following promulgation of a new or revised NAAQS is 
contained in section 107(d)(1) of the CAA. EPA and State air quality 
agencies initiated the monitoring process for the 1997 PM2.5 
NAAQS in 1999 and began operating all air quality monitors by January 
2001. On January 5, 2005, EPA published its air quality designations 
and classifications for the 1997 PM2.5 NAAQS based upon air 
quality monitoring data from those monitors for calendar years 2001-
2003 (70 FR 944). These designations became effective on April 5, 2005. 
The Greensboro, North Carolina, area is comprised of Davidson County 
and Guilford County, North Carolina, and was designated nonattainment 
for the 1997 PM2.5 NAAQS (see 40 CFR part 81).

IV. What Is EPA's Analysis of the Relevant Air Quality Data?

    EPA has reviewed the ambient air monitoring data for 
PM2.5, consistent with the requirements contained in 40 CFR 
part 50, as recorded in the EPA AQS database for the Greensboro, North 
Carolina, PM2.5 nonattainment area. On the basis of that 
review, EPA has concluded that this area attained the 1997 
PM2.5 NAAQS during the 2006-2008 monitoring period. Under 
EPA regulations at 40 CFR 50.7:
    (1) The annual primary and secondary PM2.5 standards are 
met when the annual arithmetic mean concentration, as determined in 
accordance with 40 CFR Part 50, Appendix N, is less than or equal to 
15.0 [mu]g/m\3\.
    (2) The 24-hour primary and secondary PM2.5 standards 
are met when the 98th percentile 24-hour concentration, as determined 
in accordance with 40 CFR Part 50, Appendix N, is less than or equal to 
65 [mu]g/m\3\.
    Table 1 shows the design values (the metrics calculated in 
accordance with 40 CFR part 50, appendix N, for determining compliance 
with the NAAQS) for the 1997 Annual PM2.5 NAAQS for the 
Greensboro, North Carolina, nonattainment area monitors for the years 
2006-2008. Table 2 shows the design values for the 1997 24-hour 
PM2.5 NAAQS for these same monitors for the same 3-year 
period.

              Table 1--Design Value for Counties in the Greensboro, North Carolina Nonattainment Area for 1997 PM2.5 NAAQS--Annual Standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                        2006-2008 design
                         Location                             AQS site ID        2006 average       2007 average       2008 average          value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Davidson County..........................................        37-057-0002             15.126             14.636             13.611               14.5
Guilford County..........................................        37-081-0013             14.497             13.140             11.577               13.1
--------------------------------------------------------------------------------------------------------------------------------------------------------


             Table 2--Design Value for Counties in the Greensboro, North Carolina Nonattainment Area for 1997 PM2.5 NAAQS--24-Hour Standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  2006 98th          2007 98th          2008 98th       2006-2008 design
                         Location                             AQS site ID         percentile         percentile         percentile           value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Davidson County..........................................        37-057-0002               31.0               30.9               24.7                 29
Guilford County..........................................        37-081-0013               31.3               28.4               24.6                 28
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA's review of these data indicates that the Greensboro, North 
Carolina, nonattainment area has met and continues to meet the 1997 
PM2.5 NAAQS. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

V. Proposed Action

    EPA is proposing to determine that the Greensboro, North Carolina, 
nonattainment area for the 1997 PM2.5 NAAQS has attained the 
1997 PM2.5 NAAQS based on 2006-2008 monitoring data. As 
provided in 40 CFR 51.1004(c), if EPA finalizes this determination, it 
will suspend the requirements for the State of North Carolina to submit 
for this area an attainment demonstration and associated RACM, RFP 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM2.5 NAAQS as long as the area 
continues to attain the 1997 PM2.5 NAAQS.

VI. Statutory and Executive Order Reviews

    This action proposes to make a determination based on air quality 
data, and would, if finalized, result in the suspension of certain 
Federal requirements. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National

[[Page 51252]]

Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) 
because application of those requirements would be inconsistent with 
the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have Tribal implications, as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

    Dated: September 28, 2009.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E9-24057 Filed 10-5-09; 8:45 am]
BILLING CODE 6560-50-P
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