Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; North Carolina: Redesignation of Great Smoky Mountains National Park 1997 8-Hour Ozone Nonattainment Area to Attainment, 53198-53212 [E9-24818]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Proposed Rules]
[Pages 53198-53212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24818]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2009-0338; FRL-8968-9]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; North 
Carolina: Redesignation of Great Smoky Mountains National Park 1997 8-
Hour Ozone Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The State of North Carolina through the North Carolina 
Department of Environment and Natural Resources, Division of Air 
Quality (NC DAQ) submitted, on July 24, 2009, a request to redesignate 
the Great Smoky Mountains National Park (GSMNP) 1997 8-hour ozone 
nonattainment area to attainment for the 1997 8-hour ozone national 
ambient air quality standards (NAAQS); and to approve a State 
Implementation Plan (SIP) revision containing a maintenance plan with a 
2020 end year for the GSMNP Area. The GSMNP Area is composed of 
portions of Haywood and Swain Counties in North Carolina. In this 
action, EPA is proposing to approve the 1997 8-hour ozone redesignation 
request for the GSMNP Area. Additionally, EPA is proposing to approve 
the emission inventory and the 1997 8-hour ozone maintenance plan for 
the GSMNP Area, including motor vehicle emission budgets (MVEBs) for 
nitrogen oxides (NOX) and an insignificance determination 
for conformity for volatile organic compounds (VOC) emissions from 
motor vehicles. Further, in this action, EPA is also describing the 
status of its transportation conformity adequacy determination for the 
new 2011 and 2020 MVEBs for NOX, and for the insignificance 
determination for VOC contribution from motor vehicle emissions to the 
8-hour ozone pollution for the 1997 NAAQS, that are contained in the 
1997 8-hour ozone maintenance plan for the GSMNP Area. On March 12,

[[Page 53199]]

2008, EPA issued a revised ozone standard. The current action, however, 
is being taken to address requirements under the 1997 8-hour ozone 
NAAQS. Requirements for the GSMNP Area under the 2008 standard will be 
addressed in the future.

DATES: Written comments must be received on or before November 16, 
2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0338, 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-2009-0338 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-
2009-0338. 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 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 
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: Jane Spann or Nacosta Ward, 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. Jane Spann may be 
reached by phone at (404) 562-9029 or via electronic mail at 
spann.jane@epa.gov. The telephone number for Ms. Ward is (404) 562-9140 
and the electronic mail at ward.nacosta@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What Proposed Actions Is EPA Taking?
II. What Is the Background for EPA's Proposed Actions?
III. What Are the Criteria for Redesignation?
IV. Why Is EPA Proposing These Actions?
V. What Is the Effect of EPA's Proposed Actions?
VI. What Is EPA's Analysis of the Request?
VII. What Is EPA's Analysis of North Carolina's Proposed VOC 
Insignificance Finding and the Proposed Regional NOX 
MVEBs for the GSMNP Area?
VIII. What Is an Adequacy Determination?
IX. What Is the Status of EPA's Adequacy Determination for the 
Proposed Regional NOX MVEBs for the Years 2011 and 2020, 
and the VOC Insignificance Determination?
X. Proposed Action on the Redesignation Request and Maintenance Plan 
SIP Revision Including Proposed Approval of the 2011 and 2020 
Regional NOX MVEBs, and the Proposed VOC Insignificance 
Determination for the GSMNP Area
XI. Statutory and Executive Order Reviews

I. What Proposed Actions Is EPA Taking?

    EPA is proposing to take several related actions, which are 
summarized below and described in greater detail throughout this notice 
of proposed rulemaking: (1) To redesignate the GSMNP Area to attainment 
for the 1997 8-hour ozone NAAQS; (2) to approve the emissions inventory 
submitted with the maintenance plan (under the Clean Air Act (CAA) 
section 172(c)(3)); and (3) to approve North Carolina's 1997 8-hour 
ozone maintenance plan into the North Carolina SIP, including the 
associated MVEBs for NOX and the VOC insignificance 
determination for VOC emission contribution from motor vehicles. In 
addition, and related to today's proposed actions, EPA is also 
notifying the public of the status of EPA's adequacy determination for 
the GSMNP Area NOX MVEBs.
    First, EPA is proposing to determine that the GSMNP Area has 
attained the 1997 8-hour ozone standard, and that the GSMNP Area has 
met the other requirements for redesignation under section 107(d)(3)(E) 
of the CAA. EPA is now proposing to approve a request to change the 
legal designation of the GSMNP Area from nonattainment to attainment 
for the 1997 8-hour ozone NAAQS.
    Second, EPA is proposing to approve North Carolina's 1997 emissions 
inventory (under section 172(c)(3)). North Carolina selected 2005 as 
``the attainment year'' for the GSMNP Area for the purpose of 
demonstrating attainment of the 1997 8-hour ozone NAAQS. This 
attainment inventory identifies the level of emissions in the area, 
which is sufficient to attain the 1997 8-hour ozone standard.
    Third, EPA is proposing to approve North Carolina's 1997 8-hour 
ozone maintenance plan for the GSMNP Area (such approval being one of 
the CAA criteria for redesignation to attainment status). The 
maintenance plan is designed to help keep the GSMNP Area in attainment 
of the 1997 8-hour ozone

[[Page 53200]]

NAAQS through 2020. Consistent with the CAA, the maintenance plan that 
EPA is proposing to approve today also includes 2011 and 2020 MVEBs for 
NOX, and a VOC insignificance determination for 
transportation conformity. Today, EPA is proposing to approve (into the 
North Carolina SIP) the 2011 and 2020 NOX MVEBs, and the VOC 
insignificance determination for conformity, that are included as part 
of North Carolina's maintenance plan for the GSMNP Area for the 1997 8-
hour ozone NAAQS.
    EPA is also notifying the public of the status of EPA's adequacy 
process for the newly-established 2011 and 2020 NOX MVEBs, 
and of its insignificance determination for VOC for transportation 
conformity purposes for the GSMNP Area.
    Today's notice of proposed rulemaking is in response to North 
Carolina's May 15, 2009, proposed SIP submittal, which was submitted in 
draft form for parallel processing, and then again in final form on 
July 24, 2009. The July 24, 2009, submittal requests redesignation of 
the GSMNP Area, and includes a SIP revision addressing the specific 
issues summarized above and the necessary elements for redesignation 
described in section 107(d)(3)(E) of the CAA.

II. What Is the Background for EPA's Proposed Actions?

    Ground level ozone is not directly emitted by sources. Rather, 
emissions of NOX and VOC react in the presence of sunlight 
to form ground-level ozone. NOX and VOC are referred to as 
precursors of ozone. The CAA establishes a process for air quality 
management through the NAAQS. On July 18, 1997, EPA promulgated a 
revised 8-hour ozone standard of 0.08 parts per million (ppm). The 1997 
standard was more stringent than the previous 1-hour ozone standard. 
Under EPA's regulations at 40 CFR part 50, the 1997 8-hour ozone 
standard is attained when the 3-year average of the annual fourth 
highest daily maximum 8-hour average ambient air quality ozone 
concentrations is less than or equal to 0.08 ppm (i.e., 0.084 ppm when 
rounding is considered). (See 69 FR 23857, April 30, 2004, for further 
information.) Ambient air quality monitoring data for the 3-year period 
must meet a data completeness requirement. The ambient air quality 
monitoring data completeness requirement is met when the average 
percent of days with valid ambient monitoring data is greater than 90 
percent, and no single year has less than 75 percent data completeness 
as determined in Appendix I of part 50. Specifically, section 2.3 of 40 
CFR part 50, Appendix I, ``Comparisons with the Primary and Secondary 
Ozone Standards'' states:
    ``The primary and secondary ozone ambient air quality standards are 
met at an ambient air quality monitoring site when the 3-year average 
of the annual fourth-highest daily maximum 8-hour average ozone 
concentrations is less than or equal to 0.08 ppm. The number of 
significant figures in the level of the standard dictates the rounding 
convention for comparing the computed 3-year average annual fourth-
highest daily maximum 8-hour average ozone concentrations with the 
level of the standard. The third decimal place of the computed value is 
rounded, with values equal to or greater than 5 rounding up. Thus, a 
computed 3-year average ozone concentration of 0.085 ppm is the 
smallest value that is greater than 0.08 ppm.''
    The CAA required EPA to designate as nonattainment any area that 
was violating the 1997 8-hour ozone NAAQS based on the three most 
recent years of ambient air quality data. The GSMNP 1997 8-hour ozone 
nonattainment area was designated using 2001-2003 ambient air quality 
data. The Federal Register document making these designations was 
signed on April 15, 2004, and published on April 30, 2004 (69 FR 
23857).
    The CAA contains two sets of provisions, subpart 1 and subpart 2 
that address planning and control requirements for ozone nonattainment 
areas. (Both are found in title I, part D.) Subpart 1 (which EPA refers 
to as ``basic'' nonattainment) contains general, less prescriptive, 
requirements for nonattainment areas for any pollutant, including 
ozone, governed by a NAAQS. Subpart 2 (which EPA refers to as 
``classified'' nonattainment) provides more specific requirements for 
certain ozone nonattainment areas. Some 1997 8-hour ozone nonattainment 
areas were subject only to the provisions of subpart 1. Other 1997 8-
hour ozone nonattainment areas were classified as subpart 2 areas and 
were subject to the provisions of subpart 2 in addition to subpart 1. 
Under EPA's phase 1 8-hour ozone implementation rule (69 FR 23857) 
(Phase 1 Rule), signed on April 15, 2004, and published April 30, 2004, 
an area was classified under subpart 2 based on its 8-hour ozone design 
value (i.e., the 3-year average of the annual fourth highest daily 
maximum 8-hour average ozone concentrations), if it had a 1-hour design 
value at or above 0.121 ppm (the lowest 1-hour design value in Table 1 
of subpart 2). All other areas were covered under subpart 1, based upon 
their 8-hour ambient air quality design values.
    The GSMNP Area was designated attainment for the 1-hour ozone 
standard. On April 30, 2004, EPA designated the GSMNP Area as a 
``basic'' 8-hour ozone nonattainment area or subpart 1 nonattainment 
area (see, 69 FR 23857, April 30, 2004). When North Carolina submitted 
its redesignation request, the GSMNP Area was attaining the 1997 8-hour 
ozone standard. The area has continued to attain since that time.
    Various aspects of EPA's Phase 1 Rule were challenged in court. On 
December 22, 2006, the U.S. Court of Appeals for the District of 
Columbia Circuit (D.C. Circuit Court) vacated EPA's Phase 1 Rule (69 FR 
23951, April 30, 2004). South Coast Air Quality Management Dist. 
(SCAQMD) v. EPA, 472 F.3d 882 (D.C. Cir. 2006). On June 8, 2007, in 
response to several petitions for rehearing, the D.C. Circuit Court 
clarified that the Phase 1 Rule was vacated only with regard to those 
parts of the Rule that had been successfully challenged. Therefore, the 
Phase 1 Rule provisions related to classifications for areas currently 
classified under subpart 2 of title I, part D of the CAA as 1997 8-hour 
nonattainment areas, the 1997 8-hour attainment dates and the timing 
for emissions reductions needed for attainment of the 1997 8-hour ozone 
NAAQS remain effective. The June 8th decision left intact the Court's 
rejection of EPA's reason for implementing the 1997 8-hour ozone 
standard in certain nonattainment areas under subpart 1 in lieu of 
subpart 2. By limiting the vacatur, the Court let stand EPA's 
revocation of the 1-hour standard and those anti-backsliding provisions 
of the Phase 1 Rule that had not been successfully challenged. The June 
8th decision reaffirmed the December 22, 2006, decision that EPA had 
improperly failed to retain measures required for 1-hour nonattainment 
areas under the anti-backsliding provisions of the regulations: (1) 
Nonattainment area New Source Review (NSR) requirements based on an 
area's 1-hour nonattainment classification; (2) section 185 penalty 
fees for 1-hour severe or extreme nonattainment areas; and (3) measures 
to be implemented pursuant to section 172(c)(9) or 182 (c)(9) of the 
CAA, on the contingency of an area not making reasonable further 
progress toward attainment of the 1-hour NAAQS. The June 8th decision 
clarified that the Court's reference to conformity requirements for 
anti-backsliding purposes was limited to requiring the continued use of 
1-hour motor vehicle

[[Page 53201]]

emissions budgets until 8-hour budgets were available for 8-hour 
conformity determinations, which is already required under EPA's 
conformity regulations. The Court thus clarified that 1-hour conformity 
determinations are not required for anti-backsliding purposes.
    This section sets forth EPA's views on the potential effect of the 
Court's rulings on this proposed redesignation action. For the reasons 
set forth below, EPA does not believe that the Court's rulings alter 
any requirements relevant to this redesignation action so as to 
preclude redesignation, and do not prevent EPA from proposing or 
ultimately finalizing this redesignation. EPA believes that the Court's 
December 22, 2006, and June 8, 2007, decisions impose no impediment to 
moving forward with redesignation of the GSMNP Area to attainment, 
because even in light of the Court's decisions, redesignation is 
appropriate under the relevant redesignation provisions of the CAA and 
longstanding policies regarding redesignation requests.
    With respect to the 1997 8-hour standard, the Court's ruling 
rejected EPA's reasons for classifying areas under subpart 1 for the 
1997 8-hour standard, and remanded that matter to the Agency. In its 
January 16, 2009, proposed rulemaking in response to the SCAQMD 
decision, EPA has proposed to classify GSMNP under subpart 2 as a 
marginal area. See 74 FR 2936, 2944. If EPA finalizes this rulemaking, 
the requirements under subpart 2 will become applicable when they are 
due, a deadline that EPA has proposed to be one year after the 
effective date of a final rulemaking classifying areas as marginal or 
moderate. See 74 FR 2940-41. Although the final rulemaking to classify 
this area under subpart 2 has not yet been made, EPA believes that this 
does not mean that redesignation cannot now go forward. This belief is 
based upon (1) EPA's longstanding policy of evaluating requirements in 
accordance with the requirements due at the time the request is 
submitted and (2) consideration of the inequity of applying 
retroactively any requirements that might in the future be applied.
    First, at the time the redesignation request was submitted, the 
GSMNP Area was not classified under subpart 2, nor were there any 
subpart 2 requirements yet due for this Area. Under EPA's longstanding 
interpretation of section 107(d)(3)(E) of the CAA, to qualify for 
redesignation, states requesting redesignation to attainment must meet 
only the relevant SIP requirements that came due prior to submittal of 
a complete redesignation request. September 4, 1992, Calcagni 
Memorandum (``Procedures for Processing Requests to Redesignate Areas 
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division). (See also Michael Shapiro Memorandum, September 
17, 1993, and 60 FR 12459, 12465-66 (March 7, 1995) (Redesignation of 
Detroit--Ann Arbor, Michigan). See Sierra Club v. EPA, 375 F.3d 537 
(7th Cir. 2004) (upholding this interpretation). See also 68 FR 25418, 
25424, 25427 (May 12, 2003) (redesignation of St. Louis, Missouri).
    Moreover, it would be inequitable to retroactively apply any new 
SIP requirements that were not applicable at the time the request was 
submitted. The D.C. Circuit Court has recognized the inequity in such 
retroactive rulemaking (See Sierra Club v. Whitman 285 F.3d 63 (D.C. 
Cir. 2002)), in which the Court upheld a district court's ruling 
refusing to make retroactive, an EPA determination of nonattainment 
that was past the statutory due date. Such a determination would have 
resulted in the imposition of additional requirements on the area. The 
Court stated: ``Although EPA failed to make the nonattainment 
determination within the statutory frame, Sierra Club's proposed 
solution only makes the situation worse. Retroactive relief would 
likely impose large costs on the states, which would face fines and 
suits for not implementing air pollution prevention plans in 1997, even 
though they were not on notice at the time.'' Id. at 68. Similarly 
here, it would be unfair to penalize the area by applying to it for 
purpose of redesignation, additional SIP requirements under subpart 2 
that were not in effect or yet due at the time it submitted its 
redesignation request, or the time that the Area attained the standard.
    With respect to the requirements under the 1-hour ozone standard, 
the GSMNP Area was designated attainment. The D.C. Circuit Court's 
decisions do not impact redesignation requests for these types of 
areas, except to the extent that the Court, in its June 8th decision, 
clarified that for those areas with 1-hour MVEBs in their maintenance 
plans, anti-backsliding requires that those 1-hour budgets must be used 
for 8-hour budgets. Since this Area was attainment for the 1-hour ozone 
standard, there were no preexisting 1-hour MVEBs to consider for 8-hour 
conformity requirements.
    First, there are no conformity requirements relevant for the GSMNP 
Area request, such as a transportation conformity SIP. It is EPA's 
longstanding policy that it is reasonable to interpret the conformity 
SIP requirements as not applying for purposes of evaluating a 
redesignation request under section 107(d) because state conformity 
rules are still required after redesignation, and Federal conformity 
rules apply where state rules have not been approved. See 40 CFR 
51.390; see also Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding 
EPA's interpretation); 60 FR 62748 (Dec. 7, 1995) (Redesignation of 
Tampa, Florida).
    Second, with regard to the three other anti-backsliding provisions 
for the 1-hour ozone standard that the D.C. Circuit Court found were 
not properly retained, the GSMNP Area has always been an attainment 
area for the 1-hour ozone standard, and the NSR, contingency measures 
pursuant to section 172(c)(9) or 182(c)(9), and fee provision 
requirements do not apply to this area. As a result, the decisions in 
SCAQMD should not alter any requirements that would preclude EPA from 
finalizing the redesignation of the GSMNP Area to attainment for the 
1997 8-hour ozone standard.
    As noted earlier, in 2008, the ambient ozone data for the GSMNP 
Area indicated no further violations of the 1997 8-hour ozone NAAQS, 
using the data from the 3-year period of 2006-2008 to demonstrate 
attainment. As a result, on May 15, 2009, North Carolina requested 
parallel processing of its request for redesignation of the GSMNP Area 
to attainment for the 1997 8-hour ozone NAAQS. The redesignation 
request included three years of complete, quality-assured ambient air 
quality data for the ozone seasons (April 1st until October 31st) of 
2006-2008, indicating that the 1997 8-hour ozone NAAQS had been 
achieved for the entire GSMNP Area. Under the CAA, nonattainment areas 
may be redesignated to attainment if sufficient, complete, quality-
assured data is available for the Administrator to determine that the 
area has attained the standard and the area meets the other CAA 
redesignation requirements in section 107(d)(3)(E). While EPA did not 
have the opportunity to parallel process this draft submittal, EPA did 
begin the adequacy process for the newly-established MVEBs. Also, while 
EPA can initiate the adequacy process with a draft submittal, EPA 
cannot conclude this process until a final submittal is received. On 
July 24, 2009, North Carolina submitted to EPA a final SIP revision. 
This final submittal included MVEBs for 2011 and 2020.

III. What Are the Criteria for Redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area

[[Page 53202]]

to attainment. Specifically, section 107(d)(3)(E) of the CAA allows for 
redesignation providing that: (1) The Administrator determines that the 
area has attained the applicable NAAQS; (2) the Administrator has fully 
approved the applicable implementation plan for the area under section 
110(k); (3) the Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable SIP and applicable 
Federal air pollutant control regulations and other permanent and 
enforceable reductions; (4) the Administrator has fully approved a 
maintenance plan for the area as meeting the requirements of section 
175A; and, (5) the state containing such area has met all requirements 
applicable to the area under section 110 and part D of the CAA.
    EPA provided guidance on redesignation in the General Preamble for 
the Implementation of Title I of the CAA Amendments of 1990, on April 
16, 1992 (57 FR 13498), and supplemented this guidance on April 28, 
1992 (57 FR 18070). EPA has provided further guidance on processing 
redesignation requests in the following documents:

1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, Director, Technical Support Division, 
June 18, 1990;
2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereafter referred to as the 
``Calcagni Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (ACT) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992;
6. ``Technical Support Documents (TSD's) for Redesignation of Ozone 
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G. 
T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 
1993;
7. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) 
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
8. ``Use of Actual Emissions in Maintenance Demonstrations for Ozone 
and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, Acting 
Director, Air Quality Management Division, November 30, 1993;
9. ``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 
10, 1995.

IV. Why Is EPA Proposing These Actions?

    North Carolina submitted a final SIP revision on July 24, 2009, 
with a request for redesignation of the GSMNP Area to attainment for 
the 1997 8-hour ozone standard. EPA's preliminary evaluation indicates 
that North Carolina has demonstrated that the GSMNP Area has attained 
the standard and has met the requirements for redesignation set forth 
in section 107(d)(3)(E) of the CAA. EPA is also announcing the status 
of its adequacy determination for the 2011 and 2020 NOx MVEBs, and the 
VOC insignificance determination, which are relevant to the requested 
redesignation.

V. What Is the Effect of EPA's Proposed Actions?

    EPA's proposed actions establish the bases upon which EPA may take 
final action on the issues being proposed for approval today. Final 
approval of the emissions inventory would determine that it satisfies 
the requirements of section 172(c)(3) of the CAA. Approval of North 
Carolina's redesignation request would change the legal designation for 
the portions of Haywood and Swain Counties included in the GSMNP Area 
for the 1997 8-hour ozone NAAQS found at 40 CFR part 81. Approval of 
North Carolina's request would also incorporate into the North Carolina 
SIP, a plan for the GSMNP Area for maintaining the 1997 8-hour ozone 
NAAQS in the Area through 2020. This maintenance plan includes 
contingency measures to remedy future violations of the 1997 8-hour 
ozone NAAQS. The maintenance plan also establishes regional 
NOX MVEBs and provides a VOC insignificance determination 
for the GSMNP Area. The following Table identifies the NOX 
MVEBs for the years 2011 and 2020 for this Area.

                        Table 1--GSMNP Area MVEBs
                         [Kilograms per day \1\]
------------------------------------------------------------------------
                                                     2011        2020
------------------------------------------------------------------------
NOX MVEB........................................      179.9       127.0
------------------------------------------------------------------------
\1\ North Carolina has provided the conversion factor of 907.1847
  kilograms per ton, rounded to two decimal places for tons to allow for
  comparison of the MVEBs to the emissions inventory (expressed in tons
  per day) in this Area.

    Approval of North Carolina's maintenance plan would also result in 
approval of the regional NOX MVEBs, and the VOC 
insignificance determination for conformity purposes. Additionally, EPA 
is notifying the public of the status of its adequacy determination for 
the 2011 and 2020 NOX MVEBs, and its VOC insignificance 
determination for conformity, pursuant to 40 CFR 93.118(f)(1).

VI. What Is EPA's Analysis of the Request?

    EPA is proposing to make the determination that the GSMNP Area has 
attained the 1997 8-hour ozone standard, and that all other 
redesignation criteria have been met for the GSMNP Area. The basis for 
EPA's determination for this Area is discussed in greater detail below.

Criteria (1)--The GSMNP Area Has Attained the 8-Hour Ozone NAAQS

    EPA is proposing to determine that the GSMNP Area has attained the 
1997 8-hour ozone NAAQS. For ozone, an area may be considered to be 
attaining the 1997 8-hour ozone NAAQS if there are no violations, as 
determined in accordance with 40 CFR 50.10 and Appendix I of part 50, 
based on three complete, consecutive calendar years of quality-assured 
air quality monitoring data. To attain this standard, the 3-year 
average of the fourth-highest daily maximum 8-hour average ozone 
concentrations measured at each monitor within an area over each year 
must not exceed 0.08 ppm. Based on the rounding convention described in 
40 CFR part 50, Appendix I, the standard is attained if the design 
value is 0.084 ppm or below. The data must be collected and quality-
assured in accordance with 40 CFR part 58, and recorded in the EPA Air 
Quality System (AQS). The monitors generally should have remained at 
the same location for the duration of the monitoring period required 
for demonstrating attainment.
    EPA reviewed ozone monitoring data from the ambient ozone 
monitoring

[[Page 53203]]

station in the GSMNP Area for the ozone season from 2006-2008. These 
data have been quality assured and is recorded in AQS. The fourth 
highest 8-hour averages for 2006, 2007 and 2008, and the 3-year average 
of these values (i.e., design values), are summarized in the following 
table:

Table 2--Annual 4th Highest Maximum and Design Value Concentration for 8-
                      Hour Ozone for the GSMNP Area
------------------------------------------------------------------------
                                                      Fourth
                                                    highest 8-   Design
                                                       hour      value
                       Year                           ozone      (ppm)
                                                      value    2006-2008
                                                      (ppm)
------------------------------------------------------------------------
2006..............................................      0.073      0.077
2007..............................................      0.078  .........
2008..............................................      0.080  .........
------------------------------------------------------------------------

    As discussed above, the design value for an area is the 3-year 
average of the annual 4th highest 8-hour ozone value recorded at the 
monitor in the area. Therefore, the design value for the GSMNP Area is 
0.077 ppm, which meets the standard as described above. Currently 
available data show that the Area continues to attain the standard. If 
the Area does not continue to attain until EPA finalizes the 
redesignation, EPA will not go forward with the redesignation. It is 
important to note that this area has been in attainment of the 1997 
standard since 2004. The design value for the Area with 2002-2004 data 
was 0.082 ppm. See below for a historical trend of design values for 
this Area.

                                   Table 3--GSMNP Area Historic Design Values
                                                   [1999-2007]
----------------------------------------------------------------------------------------------------------------
                                                                  Design value (ppm)
              Monitor               ----------------------------------------------------------------------------
                                       99-01      00-02      01-03      02-04      03-05      04-06      05-07
----------------------------------------------------------------------------------------------------------------
Purchase Knob, AIRS ID 37-     0.087      0.087      0.085      0.082      0.078      0.076      0.078
 087-0036, Haywood County..........
----------------------------------------------------------------------------------------------------------------
Note: Bolded values represent violations of the 8-hour ozone standard.

    As is discussed in more detail below, North Carolina has committed 
to continue monitoring in this Area in accordance with 40 CFR part 58. 
The data submitted by North Carolina provides an adequate demonstration 
that the GSMNP Area has attained the 1997 8-hour ozone NAAQS.

Criteria (2)--North Carolina Has a Fully Approved SIP Under Section 
110(k) for the GSMNP Area and Criteria (5)--Has Met All Applicable 
Requirements Under Section 110 and Part D of the CAA

    Below is a summary of how these two criteria were met.
    EPA has determined that North Carolina has met all applicable SIP 
requirements for the GSMNP Area under section 110 of the CAA (general 
SIP requirements). EPA has also determined that the North Carolina SIP 
satisfies the criterion that it meet applicable SIP requirements under 
part D of title I of the CAA (requirements specific to subpart 1 basic 
8-hour ozone nonattainment areas) in accordance with section 
107(d)(3)(E)(v) and 110(l). In addition, EPA has determined that the 
SIP is fully approved with respect to all applicable requirements in 
accordance with section 107(d)(3)(E)(ii). In making these 
determinations, EPA ascertained which requirements are applicable to 
the area and that if applicable, they are fully approved under section 
110(k). SIPs must be fully approved only with respect to applicable 
requirements.
a. The GSMNP Area Has Met All Applicable Requirements Under Section 110 
and Part D of the CAA
    The September 4, 1992, Calcagni Memorandum describes EPA's 
interpretation of section 107(d)(3)(E). Under this interpretation, to 
qualify for redesignation, states requesting redesignation to 
attainment must meet only the relevant CAA requirements that come due 
prior to the submittal of a complete redesignation request. See also 
Michael Shapiro Memorandum, (``SIP Requirements for Areas Submitting 
Requests for Redesignation to Attainment of the Ozone and Carbon 
Monoxide NAAQS On or After November 15, 1992,'' September 17, 1993); 
and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of Detroit-Ann 
Arbor, Michigan). Applicable requirements of the CAA that come due 
subsequent to the area's submittal of a complete redesignation request 
remain applicable until a redesignation is approved, but are not 
required as a prerequisite to redesignation. See section 175A(c) of the 
CAA; Sierra Club, 375 F.3d 537; see also 68 FR 25424, 25427 (May 12, 
2003) (redesignation of St. Louis, Missouri).
    General SIP requirements. Section 110(a)(2) of title I of the CAA 
delineates the general requirements for a SIP, which include 
enforceable emissions limitations and other control measures, means, or 
techniques, provisions for the establishment and operation of 
appropriate devices necessary to collect data on ambient air quality, 
and programs to enforce the limitations. General SIP elements and 
requirements are delineated in section 110(a)(2) of title I, part A of 
the CAA. These requirements include, but are not limited to, the 
following: Submittal of a SIP that has been adopted by the state after 
reasonable public notice and hearing; provisions for establishment and 
operation of appropriate procedures needed to monitor ambient air 
quality; implementation of a source permit program; provisions for the 
implementation of part C requirements (Prevention of Significant 
Deterioration (PSD)) and provisions for the implementation of part D 
requirements (NSR permit programs); provisions for air pollution 
modeling; and provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address the transport 
of air pollutants (the NOX SIP Call, the Clean Air 
Interstate Rule (CAIR)). EPA has also found, generally, that states 
have not submitted timely SIPs under section 110(a)(1) to meet the 
interstate transport requirements of section 110(a)(2)(D)(i). However, 
the section 110(a)(2)(D) requirements for a state are not linked with a 
particular nonattainment area's designation and

[[Page 53204]]

classification in that state. EPA believes that the requirements linked 
with a particular nonattainment area's designation and classifications 
are the relevant measures to evaluate in reviewing a redesignation 
request. The transport SIP submittal requirements, where applicable, 
continue to apply to a state regardless of the designation of any one 
particular area in the state. Thus, we do not believe that the CAA's 
interstate transport requirements should be construed to be applicable 
requirements for the purpose of redesignation.
    In addition, EPA believes that other section 110 elements not 
connected with nonattainment plan submissions and not linked with an 
area's attainment status are not applicable requirements for purposes 
of redesignation. The area will still be subject to these requirements 
after the area is redesignated. The section 110 and part D 
requirements, which are linked with a particular area's designation and 
classification, are the relevant measures to evaluate in reviewing a 
redesignation request. This approach is consistent with EPA's existing 
policy on applicability (i.e., for redesignations) of conformity and 
oxygenated fuels requirements, as well as with section 184 ozone 
transport requirements. See Reading, Pennsylvania, proposed and final 
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 
1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, 
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748, 
December 7, 1995). See also the discussion on this issue in the 
Cincinnati, Ohio redesignation (65 FR 37890, June 19, 2000), and in the 
Pittsburgh, Pennsylvania redesignation (66 FR 50399, October 19, 2001).
    EPA believes that section 110 elements not linked to the area's 
nonattainment status are not applicable for purposes of redesignation. 
EPA notes it has previously approved provisions in the North Carolina 
SIP addressing section 110 elements under the 1-hour ozone NAAQS (See 
51 FR 19834, June 3, 1986). The State has submitted a letter, dated 
December 12, 2007, setting forth its belief that the section 110 SIP 
approved for the 1-hour ozone NAAQS is also sufficient to meet the 
requirements under the 1997 8-hour ozone NAAQS. EPA has not yet 
approved these submissions, but such approval is not necessary for 
purposes of redesignation.
    Part D requirements. EPA proposes that if EPA approves the base 
year emissions inventory, which is part of the maintenance plan 
submittal, the North Carolina SIP will meet applicable SIP requirements 
under part D of the CAA. The 2005 VOC and NOX emissions, as 
well as the emissions for other years, for the GSMNP Area were 
developed consistent with EPA guidance for emission inventories and the 
choice of the 2005 base year is appropriate because it represents the 
2004-2006 period when the 1997 8 hour ozone NAAQS was not violated.
    Part D, subpart 1 applicable SIP requirements. For purposes of 
evaluating this redesignation request, the applicable part D, subpart 1 
SIP requirements for all nonattainment areas are contained in sections 
172-176. A thorough discussion of the requirements contained in section 
172 can be found in the General Preamble for Implementation of title I 
(57 FR 13498).
    EPA is proposing here to determine that the Area has attained the 
1997 8-hour ozone standard, under 40 CFR 51.918. If that determination 
is finalized, the requirements to submit certain planning SIPs related 
to attainment, including attainment demonstration requirements, the 
Reasonably Available Control Measure (RACM) requirement of section 
172(c)(1) of the CAA, the Reasonable Further Progress (RFP) and 
attainment demonstration requirements of sections 172(c)(2) and (6) of 
the CAA, and the requirement for contingency measures of section 
172(c)(9) of the CAA, would not be applicable to the Area as long as it 
continues to attain the NAAQS and would cease to apply upon 
redesignation. In addition, in the context of redesignations, EPA has 
interpreted requirements related to attainment as not applicable for 
purposes of redesignation. For example, in the General Preamble, EPA 
stated that: [t]he section 172(c)(9) requirements are directed at 
ensuring RFP and attainment by the applicable date. These requirements 
no longer apply to an area that has attained the standard and is 
eligible for redesignation. Furthermore, section 175A for maintenance 
plans provide specific requirements for contingency measures that 
effectively supersede the requirements of section 172 (c)(9) for these 
areas. ``General Preamble for the Interpretation of Title I of the 
Clean Air Act Amendments of 1990'' (``General Preamble''), 57 FR 13498, 
13564 (April 16, 1992). See also Calcagni memorandum at page 6 (``The 
requirements for reasonable further progress and other measures for 
attainment will not apply for redesignations because they only have 
meaning for areas not attaining the standard.'') Since the GSMNP area 
was not classified under subpart 2 at the time the redesignation 
request was submitted, the subpart 2 requirements do not apply for 
purposes of redesignation. EPA believes it is reasonable to interpret 
the conformity and NSR requirements as not requiring approval prior to 
redesignation.
    Section 176 Conformity Requirements. Section 176(c) of the CAA 
requires states to establish criteria and procedures to ensure that 
Federally supported or funded projects conform to the air quality 
planning goals in the applicable SIP. The requirement to determine 
conformity applies to transportation plans, programs and projects 
developed, funded or approved under title 23 of the United States Code 
(U.S.C.) and the Federal Transit Act (transportation conformity) as 
well as to all other Federally supported or funded projects (general 
conformity). State conformity revisions must be consistent with Federal 
conformity regulations relating to consultation, enforcement and 
enforceability that the CAA required EPA to promulgate.
    EPA believes it is reasonable to interpret the conformity SIP 
requirements as not applying for purposes of evaluating the 
redesignation request under section 107(d) because state conformity 
rules are still required after redesignation and Federal conformity 
rules apply where state rules have not been approved. See Wall, 265 
F.3d 426 (upholding this interpretation). See also 60 FR 62748 
(December 7, 1995, Tampa, Florida).
    NSR Requirements. EPA has also determined that areas being 
redesignated need not comply with the requirement that an NSR program 
be approved prior to redesignation, provided that the area demonstrates 
maintenance of the standard without a part D NSR program in effect, 
since PSD requirements will apply after redesignation. The rationale 
for this view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled 
``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment.'' North Carolina has 
demonstrated that the GSMNP Area will be able to maintain the standard 
without a part D NSR program in effect, and therefore, North Carolina 
need not have a fully approved part D NSR program prior to approval of 
the redesignation request. Since there are no major sources in GSMNP 
and none planned, the Area has demonstrated maintenance without the 
need for a part D NSR program in this Area. North Carolina's PSD 
program will become effective in the GSMNP

[[Page 53205]]

Area upon redesignation to attainment. See rulemakings for Detroit, 
Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorraine, 
Ohio (61 FR 20458, 20469-70, May 7, 1996); Louisville, Kentucky (66 FR 
53665, October 23, 2001); Grand Rapids, Michigan (61 FR 31834-31837, 
June 21, 1996). Thus, the GSMNP Area has satisfied all applicable 
requirements for purposes of redesignation under section 110 and part D 
of the CAA.
b. The GSMNP Area Has a Fully Approved Applicable SIP Under Section 
110(k) of the CAA
    If EPA issues a final approval of the base year emissions inventory 
under section 172(c)(3), EPA will have fully approved the applicable 
North Carolina SIP for the GSMNP Area, under section 110(k) of the CAA 
for all requirements applicable for purposes of redesignation. EPA may 
rely on prior SIP approvals in approving a redesignation request, see 
Calcagni Memorandum at p. 3; Southwestern Pennsylvania Growth Alliance 
v. Browner, 144 F.3d 984, 989-90 (6th Cir. 1998); Wall, 265 F.3d 426, 
plus any additional measures it may approve in conjunction with a 
redesignation action. See 68 FR 25426 (May 12, 2003) and citations 
therein. Following passage of the CAA of 1970, North Carolina has 
adopted and submitted, and EPA has fully approved at various times, 
provisions addressing the various 1-hour ozone standard SIP elements 
applicable in the GSMNP Area (58 FR 47391, September 9, 1993; 59 FR 
18300, April 18, 1994; 60 FR 34859, July 5, 1995; 69 FR 56163, 
September 20, 2004).
    As indicated above, EPA believes that the section 110 elements not 
connected with nonattainment plan submissions and not linked to the 
area's nonattainment status are not applicable requirements for 
purposes of redesignation. EPA also believes that since the part D 
subpart 2 requirements did not become due prior to submission of the 
redesignation request, they also are therefore not applicable 
requirements for purposes of redesignation. Sierra Club v. EPA, 375 
F.3d 537 (7th Cir. 2004); 68 FR 25424, 25427 (May 12, 2003) 
(redesignation of the St. Louis-East St. Louis Area to attainment of 
the 1-hour ozone NAAQS). With the approval of the emissions inventory, 
EPA will have approved all Part D subpart 1 requirements applicable for 
purposes of redesignation.

Criteria (3)--The Air Quality Improvement in the GSMNP Area Is Due to 
Permanent and Enforceable Reductions in Emissions Resulting From 
Implementation of the SIP and Applicable Federal Air Pollution Control 
Regulations and Other Permanent and Enforceable Reductions

    EPA believes that North Carolina has demonstrated that the observed 
air quality improvement in the GSMNP Area is due to permanent and 
enforceable reductions in emissions in the region surrounding the GSMNP 
Area resulting from implementation of the SIP, Federal measures, and 
other state adopted measures. Additionally, new emissions control 
programs for fuels and motor vehicles will help ensure a continued 
decrease in emissions throughout the region and continued maintenance 
of the ozone standard.
    The overwhelming abundance of biogenic VOC emissions makes the 
majority of North Carolina a NOX limited environment for the 
formation of ozone. This holds especially true in the North Carolina 
GSMNP nonattainment area. The NOX emissions within the North 
Carolina GSMNP nonattainment area are extremely low; total manmade 
emissions are currently about a quarter ton per day (tpd) of 
NOX. NC DAQ has provided a demonstration that the GSMNP man-
made emissions are not the primary cause of the ozone exceedances 
within the GSMNP. North Carolina's demonstration indicates that 
emission reductions in the GSMNP itself have only a limited impact on 
the observed ozone values within the GSMNP; and thus concludes these 
reductions primarily must come from sources upwind of the nonattainment 
area.
    There are numerous State and Federal measures that have been 
enacted in recent years that are resulting in permanent and enforceable 
regional emissions reductions. A list of those measures that 
contributed to the permanent and enforceable regional emission 
reductions that resulted in attainment or will contribute to future 
maintenance of the ozone standard are listed in Table 4.

   Table 4--Region-Wide Emission Reductions Programs in the GSMNP Area
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                        Federal Control Measures
------------------------------------------------------------------------
Tier 2 Vehicle Standards.
Heavy-Duty Gasoline and Diesel Highway Vehicles Standards.
Large Nonroad Diesel Engines Rule.
Nonroad Spark-Ignition Engines and Recreational Engines Standard.
NOX SIP Call in Surrounding States.
Clean Air Interstate Rule in Surrounding States.
------------------------------------------------------------------------
                         State Control Measures
------------------------------------------------------------------------
Clean Air Bill.
NOX SIP Call/Clean Air Interstate Rule.
Clean Smokestacks Act.
Open Burning Bans.
Air Toxics Control Program.
Prevention of Significant Deterioration.
Heavy Duty Diesel Engine Gap Filling Requirements.
Air Awareness Program.
------------------------------------------------------------------------

    Two of the measures of consideration included by North Carolina in 
its maintenance plan submittal were CAIR in surrounding states and the 
NOX SIP Call in surrounding states. Because of the 
uncertainty introduced by the recent court actions affecting CAIR and 
the NOX SIP Call, EPA undertook an analysis of the changes 
in NOX expected during the ten year maintenance period 
across a broader region. Of particular significance are reductions in 
NOX emissions from large power plants in the region since 
they were responsible for the preponderance of the NOX in 
the GSMNP Area. There are seven facilities located in North Carolina 
and four facilities located in Tennessee in the Region around the GSMNP 
Area. Table 5 displays the NOX emission reductions, as the 
result of the NOX SIP Call rule, from power plants that most 
likely impact the North Carolina GSMNP nonattainment area in 2002 
through 2007. This data is from the EPA's Clean Air Markets Division 
and represents the second and third quarters of the year (April through 
September), the period during which ozone levels are the highest. It is 
clearly demonstrated that the emissions from these facilities have 
significantly decreased during the ozone season since 2002, with 52,431 
tons of NOX reductions in the 2007 ozone season compared to 
2002. This is a 67 percent reduction in utility NOX 
emissions that are permanent and enforceable and implemented prior to 
CAIR coming into effect.

[[Page 53206]]



                  Table 5--April-September NOX Emissions for Utilities Impacting the GSMNP Area
                                                  [tons/period]
----------------------------------------------------------------------------------------------------------------
             Facility                   2002         2003         2004         2005         2006         2007
----------------------------------------------------------------------------------------------------------------
                                             North Carolina Sources
----------------------------------------------------------------------------------------------------------------
Asheville.........................        2,252        2,158        2,205        2,156        1,931          598
Belews Creek......................       21,269       13,871        7,102        3,803        3,769        1,559
Buck..............................        1,084        1,468        1,089        1,286        1,262          870
Cliffside.........................        1,944        2,149        1,738        1,782        1,540        1,311
G G Allen.........................        5,011        3,643        4,002        3,589        3,001        3,053
Marshall..........................        9,283        9,101        8,243        7,558        6,370        7,253
River Bend........................        2,556        2,703        1,844        1,379        1,417        1,296
                                   -----------------------------------------------------------------------------
    Total NC......................       43,399       35,093       26,223       21,553       19,290       15,940
----------------------------------------------------------------------------------------------------------------
                                                Tennessee Sources
----------------------------------------------------------------------------------------------------------------
Bull Run..........................       10,554        9,234        1,670        2,468          692        1,513
Gallatin..........................        5,894        6,043        4,556        3,933        3,647        3,124
John Sevier.......................        5,438        4,911        5,343        4,437        4,504        4,187
Kingston..........................       13,335       13,882        5,660        3,444        1,344        1,425
                                   -----------------------------------------------------------------------------
    Total TN......................       35,221       34,070       17,229       14,282       10,187       10,249
                                   -----------------------------------------------------------------------------
        Total Combined............       78,620       69,163       43,452       35,835       29,477       26,189
----------------------------------------------------------------------------------------------------------------

    These reductions are primarily the result of the NOX SIP 
Call (63 FR 57356) that set ozone season NOX budgets for the 
purpose of reducing regional transport of ozone. This rule called for 
ozone season controls to be put on utility and industrial boilers, as 
well as internal combustion engines in 22 states in the Eastern United 
States. A NOX emissions budget was set for each state and 
the states were required to develop rules that would allow the state to 
meet their budget. The emission budgets were to be met by the beginning 
of 2004, prior to the adoption of CAIR. The amount of ozone season 
NOX emissions from power plants has decreased significantly 
in and around North Carolina as a result and are expected to be 
maintained at these levels throughout the maintenance period.
    Georgia power plants were the only ones in a nearby state not 
affected by the NOX SIP Call. While no NOX 
reductions were achieved during the period GSMNP demonstrated 
attainment, Georgia enacted regulations pursuant to the Georgia multi-
pollutant bill in the summer 2007 to require coal fired power plants in 
Georgia to reduce NOX, approximately 50 percent, by 2015. 
Reductions will affect 21 units at seven facilities. The rule requires 
specific controls on specific units according to a specific schedule 
and will assure that NOX emissions will not increase during 
the maintenance period.
    Besides controls on electrical generating units (EGUs), substantial 
additional reductions in NOX are expected due to controls 
being imposed on fuels and off road and on road motor vehicles. To 
evaluate NOX changes expected to occur during the 
maintenance period to other NOX sources in the region, we 
reviewed projections made for Regional Haze for 2009 and 2018. This is 
the latest region-wide assessment available done for emissions for the 
regional area.
    As summarized in Tables 6 and 7, all point sources are expected to 
further decrease during this period by 337,742 tons per year (tpy) or 
24 percent. However mobile sources are projected to decrease by an even 
greater amount, decreasing by 751,038 tpy or 53 percent during this 
period and non-road emissions are expected to decrease 166,687 tpy or 
22 percent. The only category showing an increase is area source 
emissions which are projected to grow 6 percent, an increase of 21,146 
tpy. In total, non point source NOX emissions in the region 
are expected to decrease by 896,579 tpy from 2009 to 2018. Region-wide, 
annual emissions of NOX are expected to decrease 39 percent 
from 2009 to 2018. Every state in the 10 state Visibility Improvement 
State and Tribal Association of the Southeast (VISTAS) planning area 
projects reductions of NOX emissions from 2009 to 2018.
    Even if the projected point source reductions from CAIR are not 
considered and EGU emissions are held at 2009 levels, annual emissions 
of NOX are still projected to decrease 23 percent. Since 
both North Carolina and Georgia have rules requiring EGUs to reduce 
NOX independent of CAIR and a number of other facilities in 
the region are controlling NOX emissions due to consent 
decrees, this assumption of no regional reductions in EGU emissions 
during this period is very conservative.
    These regional projections of emissions data have only been 
prepared through 2018. However, since mobile and non-road emissions 
continue to decrease long after a rule is adopted as the engine 
population is gradually replaced by newer engines, it is reasonable to 
assume that this projected decrease in regional NOX 
emissions from mobile and non-road sources should continue through 2020 
and assure that ozone in the GSMNP will continue to decline throughout 
the 10-year maintenance period. Hence we believe the projected regional 
NOX reductions are adequate to assure that the GSMNP will 
continue demonstrating maintenance throughout the 10-year maintenance 
period.

                      Table 6--VISTAS 2009 Base Annual Emission Inventory Summary for NOX *
----------------------------------------------------------------------------------------------------------------
                     States                         Point       Non-road       Area        Mobile       Total
----------------------------------------------------------------------------------------------------------------
AL.............................................      151,714       56,862       35,831      101,831      346,238

[[Page 53207]]

 
FL.............................................      132,185      163,794       47,979      315,840      659,798
GA.............................................      148,809       85,733       51,925      209,349      495,816
KY.............................................      129,779       94,752       43,548      101,182      369,261
MS.............................................       92,409       80,567        8,048       70,743      251,767
NC.............................................      101,236       70,997       45,382      201,609      419,224
SC.............................................       86,934       43,235       25,259       92,499      247,927
TN.............................................      124,274       86,641       20,717      151,912      383,544
VA.............................................      288,213       54,993       53,596      134,232      531,034
WV.............................................      124,359       30,133       14,384       35,635      204,511
                                                ----------------------------------------------------------------
    Total......................................    1,379,912      767,707      346,669    1,414,832    3,909,120
----------------------------------------------------------------------------------------------------------------


                      Table 7--VISTAS 2018 Base Annual Emission Inventory Summary for NOX *
----------------------------------------------------------------------------------------------------------------
                     States                         Point       Non-road       Area        Mobile       Total
----------------------------------------------------------------------------------------------------------------
AL.............................................      141,178       43,779       36,945       47,298      269,200
FL.............................................      110,243      127,885       50,499      150,180      438,807
GA.............................................      125,083       64,579       55,518      102,179      347,359
KY.............................................      100,774       79,392       45,806       52,263      278,235
MS.............................................       71,988       68,252        8,322       30,619      179,181
NC.............................................       94,276       49,046       49,514       87,791      280,627
SC.............................................       94,089       31,758       26,491       43,490      195,828
TN.............................................       93,443       70,226       21,810       69,385      254,864
VA.............................................      116,560       40,393       57,137       63,342      277,432
WV.............................................       94,536       25,710       1