Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; North Carolina: Hickory-Morganton-Lenoir; Determination of Attaining Data for the 1997 Fine Particulate Matter Standard, 51246-51249 [E9-24059]

Download as PDF CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS 51246 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Proposed Rules published on September 25, 2009, in order to correct the date of the Washington, DC, public meeting. Our earlier notice listed 2 different dates for the same meeting; the correct date is October 28, 2009. DATES: The public meetings will be held at the following locations: • Washington, DC, October 28, 2009, from 1 p.m. to 3:30 p.m. • Oakland, CA, November 3, 2009, from 1 p.m. to 3:30 p.m. • New Orleans, LA, November 19, 2009, from 4:30 p.m. to 7 p.m. Written comments and related material may also be submitted to Coast Guard personnel specified at that meeting. The comment period for the proposed rule closes November 30, 2009. All comments and related material submitted after the meeting must either be submitted to our online docket via https://www.regulations.gov on or before November 30, 2009, or reach the Docket Management Facility by that date. ADDRESSES: The public meetings will be held at the following locations: • Washington, DC—United States Coast Guard Headquarters Building, Room 4202, 2100 Second St., SW., Washington, DC 20593. • Oakland, CA—Ronald V. Dellums Federal Building, Auditorium, 3rd Floor North Tower, 1301 Clay Street, Oakland, CA 94612. • New Orleans, LA—Ernest N. Morial Convention Center, Room 208, Exhibit Hall A, 900 Convention Center Blvd., New Orleans, LA 70130. You may submit written comments identified by docket number USCG– 2008–1070 before or after the meeting using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. Our online docket for this rulemaking is available on the Internet at https:// www.regulations.gov under docket number USCG–2008–1070. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, contact Lieutenant Jarrod DeWitz, U.S. Coast Guard, Office of Vessel Activities, Vessel Response Plan VerDate Nov<24>2008 13:17 Oct 05, 2009 Jkt 220001 Review Team, telephone (202) 372– 1219. You may also e-mail questions to Jarrod.M.DeWitz@uscg.mil. If you have questions on viewing or submitting material to the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Background and Purpose The Coast Guard is issuing this correction to an earlier notice that published on September 25, 2009, (74 FR 48891) in order to correct the date of the Washington, DC, public meeting. Our earlier notice listed 2 different dates for the same meeting; the correct date is October 28, 2009. The time/location of the Washington, DC, public meeting remains unchanged. The dates/times/ locations for the Oakland, CA, and New Orleans, LA, public meetings remain unchanged. We encourage you to participate in this rulemaking by submitting comments either orally at a meeting or in writing. If you bring written comments to a meeting, you may submit them to Coast Guard personnel specified at the meeting to receive written comments. These comments will be submitted to our online public docket. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008 issue of the Federal Register (73 FR 3316). Information on Service for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the public meeting, contact Lieutenant Jarrod DeWitz at the telephone number indicated under the FOR FURTHER INFORMATION CONTACT section of this notice. Public Meeting The Coast Guard will hold three public meetings regarding this proposed rulemaking on the following dates and at the following locations: • Washington, DC, October 28, 2009, from 1 p.m. to 3:30 p.m., at the United States Coast Guard Headquarters Building, Room 4202, 2100 Second Street, SW., Washington, DC 20593. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Note: A government-issued photo identification (for example, a driver’s license) will be required for entrance to the building. • Oakland, CA, November 3, 2009, from 1 p.m. to 3:30 p.m., at the Ronald V. Dellums Federal Building, Auditorium, 3rd Floor North Tower, 1301 Clay Street, Oakland, CA 94612. Note: A government-issued photo identification (for example, a driver’s license) will be required for entrance to the building. • New Orleans, LA, November 19, 2009, from 4:30 p.m. to 7 p.m., at the Ernest N. Morial Convention Center, Room 208, Exhibit Hall A, 900 Convention Center Blvd., New Orleans, LA 70130. Members of the public may attend these meetings up to the seating capacity of the rooms. The meetings may conclude before the allotted time if all matters of concern have been addressed. We plan to record each meeting using an audio-digital recorder and to make that audio recording available through a link in our online docket. A written summary of comments made and a list of attendees will be placed in the docket after each meeting concludes. Dated: September 30, 2009. Stefan G. Venckus, Chief, Office of Regulations and Administrative Law, United States Coast Guard. [FR Doc. E9–24008 Filed 10–5–09; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2009–0751–200920; FRL– 8965–9] Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; North Carolina: Hickory-Morganton-Lenoir; Determination of Attaining Data for the 1997 Fine Particulate Matter Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to determine that the Hickory-MorgantonLenoir, North Carolina, (hereafter referred to as ‘‘Hickory, North Carolina’’) nonattainment area for the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) has attained the 1997 PM2.5 E:\FR\FM\06OCP1.SGM 06OCP1 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Proposed Rules CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS NAAQS. This proposed determination is based upon three years of complete quality assured, quality controlled, and certified ambient air monitoring data showing that this area has monitored attainment of the 1997 PM2.5 NAAQS for the years of 2006–2008. In addition, monitoring data thus far available, but not yet certified, in the EPA Air Quality System (AQS) database for 2009 show that this area continues to meet the 1997 PM2.5 NAAQS. If this proposed determination is made final, the requirement for the State of North Carolina to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the standard for the Hickory, North Carolina, PM2.5 nonattainment area, shall be suspended. This requirement would remain suspended as long as this area continues to meet the 1997 PM2.5 NAAQS. DATES: Written comments must be received on or before November 5, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2009–0751 by one of the following methods: 1. 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– 0751,’’ Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R04–OAR–2009– 0751. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information VerDate Nov<24>2008 13:17 Oct 05, 2009 Jkt 220001 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 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 www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Joel Huey, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 51247 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 Hickory, North Carolina, PM2.5 nonattainment area has attained the 1997 PM2.5 NAAQS. This determination is based upon complete quality assured, quality controlled, and certified ambient air monitoring data for the years 2006– 2008 showing that the area has monitored attainment of the 1997 PM2.5 NAAQS. In addition, quality controlled and quality assured monitoring data thus far available, but not yet certified, in the EPA AQS database for 2009, show that this area continues to meet the 1997 PM2.5 NAAQS. II. What Is the Effect of This Action? If this determination is made final, under the provisions of EPA’s PM2.5 implementation rule (see 40 CFR 51.1004(c)), the requirement for the State of North Carolina to submit an attainment demonstration and associated RACM, RFP plan, contingency measures, and any other planning SIPs related to attainment of the 1997 PM2.5 NAAQS for the Hickory, North Carolina, PM2.5 nonattainment area, shall be suspended. This requirement would remain suspended as long as this area continues to meet the 1997 PM2.5 NAAQS. As further discussed below, the proposed determination for the Hickory, North Carolina, PM2.5 nonattainment area would: (1) Suspend the requirement to submit an attainment demonstration and associated RACM (including reasonably available control technologies), RFP plan, contingency measures, and any other planning SIPs related to attainment of the 1997 PM2.5 NAAQS; (2) continue until such time, if any, that EPA subsequently determines that the area has violated the 1997 PM2.5 NAAQS; (3) be separate from, and not influence or otherwise affect, any future designation determination or requirements for the Hickory, North Carolina, area based on the 2006 PM2.5 NAAQS; and (4) remain in effect regardless of whether EPA designates this area as a nonattainment area for purposes of the 2006 PM2.5 NAAQS. Furthermore, as described below, any E:\FR\FM\06OCP1.SGM 06OCP1 51248 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Proposed Rules such final determination would not be equivalent to the redesignation of the area to attainment based on the 1997 PM2.5 NAAQS. If this rulemaking is finalized and EPA subsequently determines, after notice-and-comment rulemaking in the Federal Register, that the area has violated the 1997 PM2.5 NAAQS, the basis for the suspension of the specific requirements, set forth at 40 CFR 51.1004(c), would no longer exist, and the area would thereafter have to address pertinent requirements. The determination that EPA proposes with this Federal Register notice is not equivalent to a redesignation of the area to attainment. This proposed action, if finalized, would not constitute a redesignation to attainment under section 107(d)(3) of the Clean Air Act (CAA) because we would not yet have an approved maintenance plan for the area as required under section 175A of the CAA nor a determination that the area has met the other requirements for redesignation. The designation status of the area would remain nonattainment for the 1997 PM2.5 NAAQS until such time as EPA determines that it meets the CAA requirements for redesignation to attainment. This proposed action, if finalized, is limited to a determination that the Hickory, North Carolina, PM2.5 nonattainment area has attained the 1997 PM2.5 NAAQS. The 1997 PM2.5 NAAQS became effective on July 18, 1997 (62 FR 36852), and are set forth at 40 CFR 50.7. The 2006 PM2.5 NAAQS, which became effective on December 18, 2006 (71 FR 61144), are set forth at 40 CFR 50.13. EPA is currently in the process of making designation determinations, as required by CAA section 107(d)(1), for the 2006 PM2.5 NAAQS. EPA has not made any designation determination for the Hickory, North Carolina, area based on the 2006 PM2.5 NAAQS. This proposed determination, and any final determination, will have no effect on, and is not related to, any future designation determination that EPA may make based on the 2006 PM2.5 NAAQS for the Hickory, North Carolina, area. Conversely, any future designation determination of the Hickory, North Carolina, area, based on the 2006 PM2.5 NAAQS, will not have any effect on the determination proposed by this notice. If this proposed determination is made final and the Hickory, North Carolina, area continues to demonstrate attainment with the 1997 PM2.5 NAAQS, the requirement for the State of North Carolina to submit for the Hickory, North Carolina, PM2.5 nonattainment area an attainment demonstration and associated RACM, RFP plan, contingency measures, and any other planning SIPs related to attainment of the 1997 PM2.5 NAAQS will remain suspended regardless of whether EPA designates this area as a nonattainment area for purposes of the 2006 PM2.5 NAAQS. Once the area is designated for the 2006 NAAQS, it will have to meet all applicable requirements for that designation. III. What Is the Background for This Action? On July 18, 1997 (62 FR 36852), EPA established a health-based PM2.5 NAAQS at 15.0 micrograms per cubic meter (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 designations and classifications for the 1997 PM2.5 NAAQS based upon air quality monitoring data from those monitors for calendar years 2001–2003 (70 FR 944). These designations became effective on April 5, 2005. The Hickory, North Carolina, area is composed of Catawba County, North Carolina, and was designated nonattainment for the 1997 PM2.5 NAAQS (see 40 CFR part 81). IV. What Is EPA’s Analysis of the Relevant Air Quality Data? EPA has reviewed the ambient air monitoring data for PM2.5, consistent with the requirements contained in 40 CFR part 50, as recorded in the EPA AQS database for the Hickory, North Carolina, PM2.5 nonattainment area. On the basis of that review, EPA has concluded that this area attained the 1997 PM2.5 NAAQS during the 2006– 2008 monitoring period. Under EPA regulations at 40 CFR 50.7: (1) The annual primary and secondary PM2.5 standards are met when the annual arithmetic mean concentration, as determined in accordance with 40 CFR Part 50, Appendix N, is less than or equal to 15.0 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 Hickory, North Carolina, nonattainment area monitors for the years 2006–2008. Table 2 shows the design values for the 1997 24-hour PM2.5 NAAQS for these same monitors and for the same 3-year period. TABLE 1—DESIGN VALUE FOR COUNTIES IN THE HICKORY, NORTH CAROLINA NONATTAINMENT AREA FOR 1997 PM2.5 NAAQS—ANNUAL STANDARD CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS Location AQS site ID 2006 average 2007 average 2008 average 2006–2008 design value Catawba County .................................... 37–035–0004 15.163 14.592 12.806 14.2 TABLE 2—DESIGN VALUE FOR COUNTIES IN THE HICKORY, NORTH CAROLINA NONATTAINMENT AREA FOR 1997 PM2.5 NAAQS—24-HOUR STANDARD Location AQS site ID 2006 98th percentile 2007 98th percentile 2008 98th percentile 2006–2008 design value Catawba County .................................... 37–035–0004 32.9 30.7 25.2 30 VerDate Nov<24>2008 13:17 Oct 05, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 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

Agencies

[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Proposed Rules]
[Pages 51246-51249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24059]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0751-200920; FRL-8965-9]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; North 
Carolina: Hickory-Morganton-Lenoir; Determination of Attaining Data for 
the 1997 Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to determine that the Hickory-Morganton-
Lenoir, North Carolina, (hereafter referred to as ``Hickory, North 
Carolina'') nonattainment area for the 1997 fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS) has 
attained the 1997 PM2.5

[[Page 51247]]

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

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0751 by one of the following methods:
    1. 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-2009-0751,'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2009-0751. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through 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 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 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joel Huey, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Mr. Huey may be reached by 
phone at (404) 562-9104 or via electronic mail at 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 Hickory, North Carolina, 
PM2.5 nonattainment area has attained the 1997 
PM2.5 NAAQS. This determination is based upon complete 
quality assured, quality controlled, and certified ambient air 
monitoring data for the years 2006-2008 showing that the area has 
monitored attainment of the 1997 PM2.5 NAAQS. In addition, 
quality controlled and quality assured monitoring data thus far 
available, but not yet certified, in the EPA AQS database for 2009, 
show that this area continues to meet the 1997 PM2.5 NAAQS.

II. What Is the Effect of This Action?

    If this determination is made final, under the provisions of EPA's 
PM2.5 implementation rule (see 40 CFR 51.1004(c)), the 
requirement for the State of North Carolina to submit an attainment 
demonstration and associated RACM, RFP plan, contingency measures, and 
any other planning SIPs related to attainment of the 1997 
PM2.5 NAAQS for the Hickory, North Carolina, 
PM2.5 nonattainment area, shall be suspended. This 
requirement would remain suspended as long as this area continues to 
meet the 1997 PM2.5 NAAQS.
    As further discussed below, the proposed determination for the 
Hickory, North Carolina, PM2.5 nonattainment area would: (1) Suspend 
the requirement to submit an attainment demonstration and associated 
RACM (including reasonably available control technologies), RFP plan, 
contingency measures, and any other planning SIPs related to attainment 
of the 1997 PM2.5 NAAQS; (2) continue until such time, if 
any, that EPA subsequently determines that the area has violated the 
1997 PM2.5 NAAQS; (3) be separate from, and not influence or 
otherwise affect, any future designation determination or requirements 
for the Hickory, North Carolina, area based on the 2006 
PM2.5 NAAQS; and (4) remain in effect regardless of whether 
EPA designates this area as a nonattainment area for purposes of the 
2006 PM2.5 NAAQS. Furthermore, as described below, any

[[Page 51248]]

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

III. What Is the Background for This Action?

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

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

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

               Table 1--Design Value for Counties in the Hickory, North Carolina Nonattainment Area for 1997 PM2.5 NAAQS--Annual Standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                       2006-2008 design
                      Location                            AQS site ID        2006 average        2007 average        2008 average            value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catawba County......................................        37-035-0004              15.163              14.592              12.806                14.2
--------------------------------------------------------------------------------------------------------------------------------------------------------


               Table 2--Design Value for Counties in the Hickory, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catawba County......................................        37-035-0004                32.9                30.7                25.2                  30
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 51249]]

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

V. Proposed Action

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

VI. Statutory and Executive Order Reviews

    This action proposes to make a determination based on air quality 
data, and would, if finalized, result in the suspension of certain 
Federal requirements. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

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

List of Subjects in 40 CFR Part 52

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

A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E9-24059 Filed 10-5-09; 8:45 am]
BILLING CODE 6560-50-P
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