Air Plan Approval; North Carolina; Charlotte-Gastonia-Rock Hill Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS, 70758-70765 [2022-25078]
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Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Proposed Rules
requirement contained in this Section
IV.
B. The notice to interested persons
described in Section IV.A. was given in
a manner that was reasonably
calculated, taking into consideration the
circumstances of the plan, to result in
the receipt of such notice by interested
persons, including but not limited to
regular mail, or electronic mail, or any
combination thereof. The notice
informed interested persons of the
applicant’s participation in the VFC
Program and intention of availing itself
of relief under the exemption.
C. Notwithstanding the foregoing and
solely with respect to applicants seeking
relief with respect to the VFC Program
other than through the SC Component,
Section IV.A. and IV.B. shall not apply
to a transaction described in Section
I.A., provided that: (1) the applicant
under the VFC Program has met all of
the other applicable Program
requirements; (2) the amount of the
excise tax that otherwise would be
imposed by Code section 4975 with
respect to any transaction(s) described
in Section I.A would be less than or
equal to $100; (3) the amount of the
excise tax that otherwise would be
imposed by Code section 4975 was paid
to the plan and allocated to the
individual accounts of participants and
beneficiaries in the same manner as
provided under the plan with respect to
plan earnings; and (4) the applicant
under the VFC Program provides a copy
of a completed IRS Form 5330 or
written documentation containing the
information required by IRS Form 5330
and proof of payment with the
submission of the application to the
appropriate EBSA Regional Office. For
the sole purpose of determining whether
the excise tax due under Code section
4975 on the ‘‘amount involved’’ with
respect to the prohibited transaction
involving the failure to timely transmit
participant contributions and loan
repayments is less than or equal to $100,
an applicant may calculate the excise
tax due based upon the Lost Earnings
amount computed using the online
calculator provided under the Program.
D. Notwithstanding the foregoing and
solely with respect to self-correctors
seeking relief with respect to
transactions corrected pursuant to the
SC Component of the VFC Program,
Section IV.A. and B. shall not apply,
and additionally the self-corrector must:
(1) pay to the plan the amount of the
excise tax that otherwise would be
imposed by Code section 4975 and
allocate such amount to the individual
accounts of participants and
beneficiaries in the same manner as
provided under the plan with respect to
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plan earnings, and (2) retain a copy of
a completed IRS Form 5330 or written
documentation regarding the
determination of the otherwise
applicable excise tax and proof of
payment of the amounts paid to the plan
pursuant to the VFC Program and this
exemption and (3) provide to the plan
administrator a copy of such
documentation. Self-correctors must
calculate the excise tax otherwise due
based upon the Lost Earnings amount
computed using the online calculator
provided under the Program.
Section V. Definitions
A. For purposes of this exemption the
term ‘‘affiliate’’ of a person means—
(1) any person directly, or indirectly
through one or more intermediaries,
controlling, controlled by, or under
common control with the person;
(2) any officer, director, partner,
employee, member of the family (as
defined in Code section 4975(e)(6)) of
the person; or
(3) any corporation or partnership of
which such person is an officer,
director, partner or employee.
B. For purposes of this Section V, the
term ‘‘control’’ means the power to
exercise a controlling influence over the
management or policies of a person
other than an individual.
Signed at Washington, DC, this 7th day of
November, 2022.
Lisa M. Gomez,
Assistant Secretary, Employee Benefits
Security Administration, U.S. Department of
Labor.
Appendix—Model Notice to Interested
Persons
Dear [Participant or Beneficiary],
The purpose of this letter is to notify you
that the [Insert Name of Applicant] is
participating in the U.S. Department of
Labor’s Voluntary Fiduciary Correction (VFC)
Program with respect to the [Insert Name of
Plan]. The VFC Program is a voluntary
enforcement program that encourages the
correction of possible breaches of Title I of
the Employee Retirement Income Security
Act (ERISA).
ERISA is the federal law that covers most
employee benefit plans in the private sector.
The U.S. Department of Labor’s Employee
Benefits Security Administration (EBSA)
enforces many parts of ERISA. If the terms
and conditions of the VFC Program are met
by [Insert Name of Applicant], EBSA will not
initiate a civil investigation under Title I of
ERISA with respect to the transaction and
voluntary correction described below.
The VFC Program is accompanied by a
‘‘class exemption’’ from certain excise taxes
imposed under the Internal Revenue Code on
parties participating in ‘‘prohibited
transactions’’ as defined in ERISA and the
Code. The purpose of the prohibited
transaction rules is to prevent dealings with
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persons or entities that may be in a position
to exercise improper influence over
employee benefit plan assets including
[Name of the Plan]. If the terms of the class
exemption are met, [Insert Name of
Applicant] will qualify for relief from the
excise taxes that would otherwise apply.
One of the requirements for excise tax
relief is for [Insert Name of Applicant] to
provide you with this notice so you have an
opportunity to provide comments to EBSA
about the prohibited transaction and the
steps taken to correct the prohibited
transaction, both of which are described
below. To the extent that you are interested
in providing your written comments to
EBSA, you may mail them to [Insert the
Name of the Appropriate EBSA Regional
Office from the VFC Program Notice,
Appendix C]. The written comments should
be made to the attention of the ‘‘VFC Program
Coordinator.’’ The address and telephone
number for this office are [Insert from VFC
Program Notice, Appendix C]. You have 30
calendar days, beginning on the date this
notice was distributed, to provide written
comments. Individuals submitting written
comments on this matter are advised not to
disclose sensitive personal data such as
social security numbers.
[Insert An Objective Description of the
Transaction and the Steps Taken to Correct
the Transaction]
Please feel free to contact me if you have
any questions at [Insert Telephone Number of
a Person Employed by the Applicant Who Is
Knowledgeable About this Matter].
Sincerely,
[Insert Name and Title of Person Employed
by the Applicant]
[FR Doc. 2022–24702 Filed 11–18–22; 8:45 am]
BILLING CODE 4510–29–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0265; FRL–9781–01–
R4]
Air Plan Approval; North Carolina;
Charlotte-Gastonia-Rock Hill Area
Limited Maintenance Plan for the 1997
8-Hour Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of North
Carolina, through the North Carolina
Division of Air Quality (NCDAQ), via a
letter dated December 9, 2021. The SIP
revision includes the 1997 8-hour ozone
national ambient air quality standards
(NAAQS) Limited Maintenance Plan
(LMP) for the North Carolina portion
(hereinafter referred to as the Metrolina
SUMMARY:
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Area) of the Charlotte-Gastonia-Rock
Hill NC-SC 1997 8-hour ozone
maintenance area (hereinafter referred
to as the ‘‘Charlotte NC-SC 1997 8-hour
NAAQS Area’’). The Charlotte NC-SC
1997 8-hour NAAQS Area is comprised
of Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan, and Union
Counties and a portion of Iredell County
(i.e., Coddle Creek and Davidson
Townships) in North Carolina; and the
Rock Hill Metropolitan Planning
Organization boundary in York County,
South Carolina. EPA is proposing to
approve the Metrolina Area LMP
because it provides for the maintenance
of the 1997 8-hour ozone NAAQS
within the Metrolina Area through the
end of the second 10-year portion of the
maintenance period in 2034. The effect
of this action would be to make certain
commitments related to maintenance of
the 1997 8-hour ozone NAAQS in the
Metrolina Area federally enforceable as
part of the North Carolina SIP.
DATES: Comments must be received on
or before December 21, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2022–0265 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9029. Ms. Spann can also be reached via
electronic mail at spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Summary of EPA’s Proposed Action
II. Background
III. North Carolina’s SIP Submittal
IV. EPA’s Evaluation of North Carolina’s SIP
Submittal
A. Attainment Emissions Inventory
B. Maintenance Demonstration
C. Monitoring Network and Verification of
Continued Attainment
D. Contingency Plan
E. Conclusion
V. Transportation Conformity and General
Conformity
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Summary of EPA’s Proposed Action
In accordance with the Clean Air Act
(CAA or Act), EPA is proposing to
approve the Metrolina Area LMP for the
1997 8-hour ozone NAAQS that was
submitted by NCDAQ as a revision to
the North Carolina SIP on December 9,
2021. In 2004, the Charlotte NC-SC 1997
8-hour NAAQS Area, which includes
the Metrolina Area, was designated as
nonattainment for the 1997 8-hour
ozone NAAQS. Subsequently, in 2013,
after a clean data determination and
EPA’s approval of a maintenance plan,
the Metrolina Area was redesignated to
attainment for the 1997 8-hour ozone
NAAQS. See 76 FR 70656 (November
15, 2011) and 78 FR 72036 (December
2, 2013
The Metrolina Area LMP is designed
to maintain the 1997 8-hour ozone
NAAQS within the Metrolina Area
through the end of the second 10-year
portion of the maintenance period
beyond redesignation. EPA is proposing
to approve the plan because it meets all
applicable requirements under CAA
sections 110 and 175A.
As a general matter, the Metrolina
Area LMP relies on the same control
measures and contingency provisions to
maintain the 1997 8-hour ozone NAAQS
during the second 10-year portion of the
maintenance period as the maintenance
plan submitted by NCDAQ for the first
10-year period.
II. Background
Ground-level ozone is formed when
oxides of nitrogen (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. These two
pollutants, referred to as ozone
precursors, are emitted by many types of
pollution sources, including on- and offroad motor vehicles and engines, power
plants and industrial facilities, and
smaller area sources such as lawn and
garden equipment and paints. Scientific
evidence indicates that adverse public
health effects occur following exposure
to ozone, particularly in children and in
adults with lung disease. Breathing air
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70759
containing ozone can reduce lung
function and inflame airways, which
can increase respiratory symptoms and
aggravate asthma and other lung
diseases.
Ozone exposure also has been
associated with increased susceptibility
to respiratory infections, medication
use, doctor visits, and emergency
department visits and hospital
admissions for individuals with lung
disease. Children are at increased risk
from exposure to ozone because their
lungs are still developing and they are
more likely to be active outdoors, which
increases their exposure.1
In 1979, under section 109 of the
CAA, EPA established primary and
secondary NAAQS for ozone at 0.12
parts per million (ppm), or 120 parts per
billion (ppb), averaged over a 1-hour
period. See 44 FR 8202 (February 8,
1979). On July 18, 1997, EPA revised the
primary and secondary NAAQS for
ozone to set the acceptable level of
ozone in the ambient air at 0.08 ppm,
averaged over an 8-hour period. See 62
FR 38856 (July 18, 1997).2 EPA set the
8-hour ozone NAAQS based on
scientific evidence demonstrating that
ozone causes adverse health effects at
lower concentrations and over longer
periods of time than was understood
when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that
the 8-hour NAAQS would be more
protective of human health, especially
for children and adults who are active
outdoors, and individuals with a preexisting respiratory disease, such as
asthma.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 15, 2004, EPA
designated the Charlotte NC-SC 1997 8hour NAAQS Area, which consists of
Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan and Union
Counties and a portion of Iredell County
(i.e., Coddle Creek and Davidson
Townships) in North Carolina; and the
Rock Hill Metropolitan Planning
Organization boundary in York County,
1 See ‘‘Fact Sheet, Proposal to Revise the National
Ambient Air Quality Standards for Ozone,’’ January
6, 2010, available at https://www.epa.gov/sites/
default/files/2020-12/documents/decision_to_
retain_ozone_standards_fact_sheet_final2.pdf, and
27 FR 2938 (January 19, 2010).
2 In March 2008, EPA completed another review
of the primary and secondary ozone NAAQS and
tightened them further by lowering the level for
both to 0.075 ppm. See 73 FR 16436 (March 27,
2008). Additionally, in October 2015, EPA
completed a review of the primary and secondary
ozone NAAQS and tightened them by lowering the
level for both to 0.070 ppm. See 80 FR 65292
(October 26, 2015).
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South Carolina, as nonattainment for the
1997 8-hour ozone NAAQS. The
designation became effective on June 15,
2004. See 69 FR 23858 (April 30, 2004).
Similarly, on May 21, 2012, EPA
designated areas as unclassifiable/
attainment or nonattainment for the
2008 8-hour ozone NAAQS. The
Charlotte-Gastonia-Rock Hill NC-SC
Area 3 (hereinafter referred to as the
Charlotte NC-SC 2008 NAAQS Area)
was designated as nonattainment for the
2008 8-hour ozone NAAQS and
classified as a marginal nonattainment
area. This designation became effective
on July 20, 2012. See 77 FR 30088.
In addition, on November 16, 2017,
areas were designated for the 2015 8hour ozone NAAQS. The entire states of
North Carolina and South Carolina were
designated attainment/unclassifiable for
the 2015 8-hour ozone NAAQS, with an
effective date of January 16, 2018. See
82 FR 54232.
A state may submit a request that EPA
redesignate a nonattainment area that is
attaining a NAAQS to attainment, and,
if the area has met other required
criteria described in section 107(d)(3)(E)
of the CAA, EPA may approve the
redesignation request.4 One of the
criteria for redesignation is to have an
approved maintenance plan under CAA
section 175A. The maintenance plan
must demonstrate that the area will
continue to maintain the NAAQS for the
period extending ten years after
redesignation, and it must contain such
additional measures as necessary to
ensure maintenance and such
contingency provisions as necessary to
assure that violations of the NAAQS
will be promptly corrected. Eight years
after the effective date of redesignation,
the state must also submit a second
maintenance plan to ensure ongoing
maintenance of the NAAQS for an
additional ten years pursuant to CAA
section 175A(b) (i.e., ensuring
maintenance for 20 years after
redesignation).
EPA has published long-standing
guidance for states on developing
3 The Charlotte-Gastonia-Rock Hill NC-SC Area
for the 2008 8-hour ozone NAAQS consists of
portions of Cabarrus, Gaston, Iredell, Lincoln,
Rowan and Union Counties and the entirety of
Mecklenburg County in North Carolina, and a
portion of York County, South Carolina, which
excludes the Catawba Area.
4 Section 107(d)(3)(E) of the CAA sets out the
requirements for redesignating a nonattainment area
to attainment. They include attainment of the
NAAQS, full approval of the applicable SIP
pursuant to CAA section 110(k), determination that
improvement in air quality is a result of permanent
and enforceable reductions in emissions,
demonstration that the state has met all applicable
section 110 and part D requirements, and a fully
approved maintenance plan under CAA section
175A.
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maintenance plans, beginning with a
1992 memo referred to as the Calcagni
memo.5 The Calcagni memo provides
that states may generally demonstrate
maintenance in one of two ways: by
either performing air quality modeling
to show that the future mix of sources
and emission rates will not cause a
violation of the NAAQS, or by showing
that projected future emissions of a
pollutant and its precursors will not
exceed the level of emissions generated
during a year when the area was
attaining the NAAQS (i.e., attainment
year inventory). See Calcagni memo at
page 9. EPA clarified in three
subsequent guidance memos that certain
areas can meet the CAA section 175A
requirement to provide for maintenance
by showing that the area is unlikely to
violate the NAAQS in the future, using
information such as the area’s design
value 6 being well below the standard
and the area having a historically stable
design value.7 EPA refers to a
maintenance plan containing this
streamlined demonstration as an LMP.
EPA has interpreted CAA section
175A as permitting the LMP option
because section 175A of the Act does
not define how areas may demonstrate
maintenance, and in EPA’s experience
implementing the various NAAQS,
areas that qualify for LMPs and have
approved LMPs have rarely, if ever,
experienced subsequent violations of
the NAAQS. As noted in the LMP
guidance memoranda, states seeking an
LMP must still submit the other
maintenance plan elements outlined in
the Calcagni memo, including: an
attainment emissions inventory,
provisions for the continued operation
of the ambient air quality monitoring
network, verification of continued
attainment, and a contingency plan in
the event of a future violation of the
NAAQS. Moreover, a state seeking an
5 John Calcagni, Director, Air Quality
Management Division, EPA Office of Air Quality
Planning and Standards (OAQPS), ‘‘Procedures for
Processing Requests to Redesignate Areas to
Attainment,’’ September 4, 1992 (Calcagni memo,
available at https://www.epa.gov/ground-levelozone-pollution/procedures-processing-requestsredesignate-areas-attainment).
6 The ozone design value for a monitoring site is
the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations.
The design value for an ozone area is the highest
design value of any monitoring site in the area.
7 See ‘‘Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas’’ from
Sally L. Shaver, OAQPS, dated November 16, 1994;
‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas’’ from
Joseph Paisie, OAQPS, dated October 6, 1995; and
‘‘Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas’’ from Lydia Wegman,
OAQPS, dated August 9, 2001. Copies of these
guidance memoranda can be found in the docket for
this proposed rulemaking.
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LMP must still submit its section 175A
maintenance plan as a revision to its
SIP, with all attendant notice and
comment procedures. While the LMP
guidance memoranda were originally
written with respect to certain NAAQS,8
EPA has extended the LMP
interpretation of section 175A to other
NAAQS and pollutants not specifically
covered by the previous guidance
memos.9
In this case, EPA is proposing to
approve the Metrolina Area LMP
because the State has made a showing,
consistent with EPA’s prior LMP
guidance, that the Charlotte NC-SC 1997
8-hour NAAQS Area’s ozone
concentrations are well below the 1997
8-hour ozone NAAQS and have been
historically stable, and that it has met
the other maintenance plan
requirements. NCDAQ submitted this
LMP for the Metrolina Area to fulfill the
second maintenance plan requirement
in the Act. EPA’s evaluation of the
Metrolina Area LMP is presented below.
In November of 2011 and in March of
2013, NCDAQ submitted to EPA a
request to redesignate the Metrolina
Area of the Charlotte NC-SC 1997 8hour NAAQS Area to attainment for the
1997 8-hour ozone NAAQS. This
submittal included a plan to provide for
maintenance of the 1997 8-hour ozone
NAAQS in the Metrolina Area through
2024 as a revision to the North Carolina
SIP. EPA approved North Carolina’s
Metrolina Area maintenance plan and
the State’s request to redesignate the
North Carolina portion of the Charlotte
NC-SC 1997 NAAQS Area to attainment
for the 1997 8-hour ozone NAAQS
effective January 2, 2014.10
Under CAA section 175A(b), states
must submit a revision to the first
maintenance plan eight years after
redesignation to provide for
maintenance of the NAAQS for ten
additional years following the end of the
first 10-year period. EPA’s final
implementation rule for the 2008 8-hour
ozone NAAQS revoked the 1997 8-hour
ozone NAAQS and stated that one
consequence of revocation was that
areas that had been redesignated to
attainment (i.e., maintenance areas) for
the 1997 NAAQS no longer needed to
submit second 10-year maintenance
8 The prior memos addressed: unclassifiable areas
under the 1-hour ozone NAAQS, nonattainment
areas for the PM10 (particulate matter with an
aerodynamic diameter less than 10 microns)
NAAQS, and nonattainment areas for the carbon
monoxide (CO) NAAQS.
9 See, e.g., 79 FR 41900 (July 18, 2014) (Approval
of the second ten-year LMP for the Grant County
1971 SO2 maintenance area).
10 See 78 FR 72036 (December 2, 2013).
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plans under CAA section 175A(b). See
80 FR 12264, 12315 (March 6, 2015).
In South Coast Air Quality
Management District v. EPA, the United
States Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
vacated the EPA’s interpretation that,
because of the revocation of the 1997 8hour ozone NAAQS, second
maintenance plans were not required for
‘‘orphan maintenance areas,’’ i.e., areas
that had been redesignated to
attainment for the 1997 8-hour ozone
NAAQS and were designated attainment
for the 2008 ozone NAAQS. South
Coast, 882 F.3d 1138 (D.C. Cir. 2018).
Thus, states with these ‘‘orphan
maintenance areas’’ under the 1997 8hour ozone NAAQS must submit
maintenance plans for the second
maintenance period. Accordingly, on
December 9, 2021, North Carolina
submitted a second 10-year
maintenance plan covering the
Metrolina Area that provides for
attainment of the 1997 8-hour ozone
NAAQS through 2034.
In recognition of the continuing
record of air quality monitoring data
showing ambient 8-hour ozone
concentrations in the Charlotte NC-SC
1997 8-hour NAAQS Area well below
the 1997 8-hour ozone NAAQS, NCDAQ
chose the LMP option for the
development of its second 1997 8-hour
ozone NAAQS maintenance plan
covering the Metrolina Area.
III. North Carolina’s SIP Submittal
As mentioned above, on December 9,
2021, NCDAQ submitted the Metrolina
Area LMP as a revision to the North
Carolina SIP. The submittal includes the
LMP, air quality data, emissions
inventory information, and appendices.
Appendices to the plan include average
2017 summer day anthropogenic
emissions by county and sector and
documentation of notice, hearing, and
public participation prior to adoption of
the plan by NCDAQ on December 9,
2021. The Metrolina Area LMP does not
include any additional emission
reduction measures but relies on the
same emission reduction strategy as the
first 10-year maintenance plan that
provides for the maintenance of the
1997 8-hour ozone NAAQS through
2024. Specifically, the measures upon
which the second 10-year LMP for the
Metrolina Area relies include the
foundation control program, which
consists of federal and state control
measures that ensure continued
maintenance of the NAAQS, as well as
supporting programs such as the Air
Awareness Program, Advance Program,
Grant Program, Volkswagen Settlement,
and EPA Consent Decree with Duke
Energy Corporation. It also relies on
continued implementation of federal
measures (e.g., Tier 2 and 3 Motor
Vehicle Emission and Fuel Standards,11
Utility New Source Performance
Standards (NSPS),12 NOX SIP Call,13
70761
and interstate transport rules such as the
Cross-State Air Pollution Rule
(CSAPR) 14 and CSAPR Update).15
IV. EPA’s Evaluation of North
Carolina’s SIP Submittal
EPA has reviewed the Metrolina
Area’s LMP, which is designed to
maintain the 1997 8-hour ozone NAAQS
within the Metrolina Area through the
end of the 20-year period beyond
redesignation, as required under CAA
Section 175A(b). The following is a
summary of EPA’s interpretation of the
section 175A requirements 16 and EPA’s
evaluation of how each requirement is
met.
A. Attainment Emissions Inventory
For maintenance plans, a state should
develop a comprehensive, accurate
inventory of actual emissions for an
attainment year to identify the level of
emissions which is sufficient to
maintain the NAAQS. A state should
develop this inventory consistent with
EPA’s most recent guidance on
emissions inventory development. For
ozone, the inventory should be based on
typical summer day emissions of VOCs
and NOX, as these pollutants are
precursors to ozone formation. The
Metrolina LMP includes an ozone
attainment emissions inventory for the
Metrolina Area that reflects typical
summer day emissions in 2017. Table 1
presents a summary of the inventory for
2017 contained in this LMP.
TABLE 1—AVERAGE SUMMER DAY 2017 ANTHROPOGENIC NOX AND VOC EMISSIONS BY SECTOR FOR THE METROLINA
AREA
[Tons/summer day]
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Sector
NOX
VOC
Fire ...........................................................................................................................................................................
Nonpoint ...................................................................................................................................................................
Nonroad ...................................................................................................................................................................
Onroad .....................................................................................................................................................................
Point .........................................................................................................................................................................
0.028
0.267
0.436
2.184
0.072
0.269
2.266
0.451
1.376
0.912
Total ..................................................................................................................................................................
2.987
5.274
The Attainment Emissions Inventory
section of the Metrolina Area’s LMP
describes the methods, models, and
assumptions used to develop the
attainment inventory. As described in
the Emissions Inventory section
(Section 3.1) of the LMP, NCDAQ
generally relied on the 2017 National
Emissions Inventory (NEI).17 The
Metrolina Area’s maintenance inventory
is comprised of anthropogenic sources.
79 FR 23414 (April 28, 2014).
77 FR 9304 (February 16, 2012).
13 See 63 FR 57355 (October 27, 1998).
Naturally occurring, or biogenic,
emissions are not included in the
inventory, as these emissions are
outside the State’s purview. Because
much of the EPA’s 2017 NEI is compiled
at the county level, but the Metrolina
Area includes only a subset of the
townships in relevant counties, the
NCDAQ developed methodologies to
estimate the proportion of county
emissions occurring in the maintenance
11 See
14 See
12 See
15 See
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76 FR 48208 (August 8, 2011).
81 FR 74504 (October 26, 2016).
16 See Calcagni memo at pages 7–13.
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area. When available, these
methodologies utilize locational
information; otherwise, they assume
population as a surrogate indicator of
emissions activity.
Based on our review of the methods,
models, and assumptions used by
NCDAQ to develop the inventory, as
well as our review of the 2017 summer
emissions data, EPA proposes to find
that the Metrolina Area’s LMP includes
17 U.S. EPA, 2017 Emissions Modeling Data
downloaded from ftp://newftp.epa.gov/air/
emismod/2017/reports, accessed August 2021.
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a comprehensive, reasonably accurate
inventory of actual ozone precursor
emissions in attainment year 2017 and
proposes to conclude that this is
acceptable for the purposes of a
subsequent maintenance plan under
CAA section 175A(b).
B. Maintenance Demonstration
The maintenance demonstration
requirement is considered satisfied in
an LMP if the state can provide
sufficient weight of evidence indicating
that air quality in the area is well below
the level of the NAAQS, that past air
quality trends have been shown to be
stable, and that the probability of the
area experiencing a violation over the
second 10-year maintenance period is
low.18 These criteria are evaluated
below with regard to the Charlotte NCSC 1997 8-hour NAAQS Area as a
whole.
1. Evaluation of Ozone Concentration
Levels
To attain the 1997 8-hour ozone
NAAQS, the three-year average of the
fourth-highest daily maximum 8-hour
average ozone concentrations (i.e., the
design value) at each monitor within an
area must not exceed 0.08 ppm. Based
on the rounding convention described
in 40 CFR part 50, Appendix I, the
NAAQS is attained if the design value
is 0.084 ppm or below. At the time of
submission, EPA evaluated quality
assured and certified 2018–2020
monitoring data 19 and determined that
the design value for the Charlotte NC-SC
1997 8-hour NAAQS Area was 0.067
ppm, or 80 percent of the level of the
1997 8-hour ozone NAAQS (measured
at the Garinger High School Monitor
(AQS ID: 37–119–0041) and the
University Meadows monitor (AQS ID:
37–119–0046) in Mecklenburg County,
NC). Consistent with prior guidance,
EPA believes that if the most recent air
quality design value for the area is at a
level that is well below the NAAQS
(e.g., below 85 percent of the NAAQS,
or in this case below 0.071 ppm), then
EPA considers the state to have met the
section 175A requirement for a
demonstration that the area will
maintain the NAAQS for the requisite
period. Such a demonstration assumes
continued applicability of prevention of
significant deterioration requirements
and any control measures already in the
SIP and that Federal measures will
remain in place through the end of the
second 10-year maintenance period,
absent a showing consistent with
section 110(l) that such measures are
not necessary to assure maintenance.
Tables 2a and 2b present the 2003–
2021 design values for each monitor in
the Charlotte NC-SC 1997 8-hour
NAAQS Area. As shown in these tables,
all sites have been below the level of the
1997 8-hour ozone NAAQS since the
area was redesignated to attainment,
and the most recent design value is
below the level of 85 percent of the
NAAQS, consistent with prior LMP
guidance. The 2019–2021 design value
is 0.066 ppm or 79 percent of the level
of the 1997 8-hour ozone NAAQS
(measured at the Garinger High School
Monitor (AQS ID: 37–119–0041) and the
University Meadows monitor (AQS ID:
37–119–0046) in Mecklenburg County,
NC).
TABLE 2a—1997 8-HOUR OZONE NAAQS 2003–2011 DESIGN VALUES (ppm) AT MONITORING SITES IN THE CHARLOTTE
NC-SC 1997 NAAQS AREA
AQS site ID
Site name
County name
2001–
2003
DV
2002–
2004
DV
2003–
2005
DV
2004–
2006
DV
2005–
2007
DV
2006–
2008
DV
2007–
2009
DV
2008–
2010
DV
2009–
2011
DV
37–109–0004
37–119–0041
37–119–0046
37–119–1005
37–119–1009
37–159–0021
37–159–0022
37–179–0003
45–091–8801
Crouse .................................
Garinger ...............................
University Meadows ............
Arrowood .............................
County Line .........................
Rockwell CSS ......................
Enochville ............................
Monroe .................................
Catawba Longhouse ............
Lincoln .................................
Mecklenburg ........................
Mecklenburg ........................
Mecklenburg ........................
Cabarrus ..............................
Rowan ..................................
Rowan ..................................
Union ...................................
Catawba Indian Nation ........
0.092
0.096
............
0.084
0.098
0.100
0.099
0.088
............
0.086
0.091
............
0.081
0.092
0.094
0.091
0.085
............
0.081
0.086
............
0.078
0.087
0.088
0.085
0.079
............
0.079
0.088
............
0.080
0.088
0.083
0.085
0.078
............
0.083
0.090
............
0.083
0.093
0.089
0.090
0.081
............
0.082
0.089
............
0.079
0.094
0.088
0.088
( e)
............
0.076
0.082
............
0.076
0.086
0.083
0.083
0.076
............
0.072
0.078
............
0.073
0.082
0.077
0.077
0.072
............
0.071
0.079
............
0.076
0.078
0.075
0.076
0.070
............
TABLE 2b—1997 8-HOUR OZONE NAAQS 2012–2021 DESIGN VALUES (ppm) AT MONITORING SITES IN THE CHARLOTTE
NC-SC 1997 NAAQS AREA
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AQS site ID
37–109–
0004.
37–119–
0041.
37–119–
0046.
37–119–
1005.
37–119–
1009.
37–159–
0021.
37–159–
0022.
37–179–
0003.
18 See
2011–
2013
DV
2012–
2014
DV
2013–
2015
DV
2014–
2016
DV
2015–
2017
DV
2016–
2018
DV
2017–
2019
DV
2018–
2020
DV
2019–
2021
DV
County name
Crouse ...........................
Lincoln (NC) ..................
0.075
0.072
0.068
0.065
0.067
0.067
0.065
0.064
0.060
0.061
Garinger ........................
Mecklenburg (NC) .........
0.083
0.078
0.070
0.068
0.069
0.069
0.068
0.070
0.067
0.066
University Meadows ......
Mecklenburg (NC) .........
............
............
............
............
a 0.070
a 0.070
0.070
0.069
0.067
0.066
............
............
............
............
............
............
............
Arrowood .......................
Mecklenburg (NC) .........
0.077
0.072
b 0.066
County Line ...................
Cabarrus (NC) ...............
0.083
0.078
0.073
c 0.067
............
............
............
............
............
............
Rockwell CSS ...............
Rowan (NC) ..................
0.078
0.073
0.068
0.064
0.065
0.064
0.062
0.062
0.061
0.062
Enochville ......................
Rowan (NC) ..................
0.077
d 0.072
............
............
............
............
............
............
............
............
Monroe ..........................
Union (NC) ....................
0.073
0.070
0.068
0.067
............
............
( e)
(e)
0.063
0.062
Footnote 7.
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2010–
2012
DV
Site name
17:04 Nov 18, 2022
19 See https://www.epa.gov/air-trends/air-qualitydesign-values#report (follow the ‘‘Ozone Design
Values 2020 (xlsx)’’ hyperlink, then open ‘‘Table4.
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TABLE 2b—1997 8-HOUR OZONE NAAQS 2012–2021 DESIGN VALUES (ppm) AT MONITORING SITES IN THE CHARLOTTE
NC-SC 1997 NAAQS AREA—Continued
AQS site ID
45–091–
8801.
Site name
2010–
2012
DV
County name
Catawba Longhouse .....
Catawba Indian Nation
............
I
2011–
2013
DV
............
I
2012–
2014
DV
2013–
2015
DV
............
I
............
I
2014–
2016
DV
............
I
2015–
2017
DV
............
I
2016–
2018
DV
I
0.063
2017–
2019
DV
I
0.064
2018–
2020
DV
I
0.062
2019–
2021
DV
I
0.062
a Monitor started in 2016 to replace 37–119–1009; EPA approved combining data for the two sites to calculate a design value; value reported is a combined design
value.
b Monitor was shut down at the end of the 2014 ozone season.
c Monitor was shut down at the end of the 2015 ozone season and replaced by 37–119–0046 in 2016. EPA approved combining data from the two monitors to calculate design values.
d Monitor was shut down at the end of the 2013 ozone season.
e Monitor did not meet the 3-year completeness requirement of 90 percent.
Therefore, the Metrolina Area is
eligible for the LMP option, and EPA
proposes to find that the long record of
monitored ozone concentrations that
attain the NAAQS, together with the
continuation of existing VOC and NOX
emissions control programs, adequately
provide for the maintenance of the 1997
8-hour ozone NAAQS in the Metrolina
Area through the second 10-year
maintenance period and beyond.
Additional supporting information
that the Metrolina Area is expected to
continue to maintain the NAAQS can be
found in projections of future year
design values that EPA recently
completed for the Revised Cross-State
Air Pollution Rule Update for the 2008
Ozone NAAQS that EPA finalized on
April 30, 2021.20 Those projections,
made for the year 2023, show that the
maximum design value for the Charlotte
NC-SC 1997 Ozone Area is expected to
be 60.3 parts per billion (ppb). EPA is
not proposing to make any finding in
this action regarding interstate transport
obligations for any state.
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2. Stability of Ozone Levels
As discussed above, the Charlotte NCSC 1997 8-hour NAAQS Area has
maintained air quality below the 1997 8hour ozone NAAQS over the past twelve
design values. Additionally, the design
value data shown in Tables 2a and 2b
illustrate that ozone levels have been
relatively stable over the 2001–2021
timeframe, with an overall downward
trend. For example, data in Tables 2a
and 2b indicate that the largest year over
year change in design values at any one
20 On April 30, 2021, EPA published the final
Revised Cross-State Air Pollution Rule (CSAPR)
Update (RCU) using updated modeling that focused
on analytic years 2023 and 2028 and an
‘‘interpolation’’ analysis of these modeling results
to generate air quality and contribution values for
the 2021 analytic year. See 86 FR 23054. https://
www.govinfo.gov/content/pkg/FR-2021-04-30/pdf/
2021-05705.pdf. This modeling included projected
ozone design values for ozone monitors in the
Charlotte SC-NC maintenance area. See the
spreadsheet titled ‘‘Data File with Ozone Design
Values and Ozone Contributions (xlsx)’’ at https://
www.epa.gov/csapr/revised-cross-state-airpollution-rule-update.
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monitor during these seventeen years
was 0.008 ppm, which occurred
between the 2003 and 2004 design
values and between the 2013 and the
2014 design values, representing
approximately an 8 percent and 10
percent decrease at monitors 37–159–
0022 (Enochville) and 37–119–0041
(Garinger), respectively. Furthermore,
the overall trend in design values for the
Charlotte NC-SC 1997 8-hour NAAQS
Area between the 2003–2021 design
values, shows a decrease of 38 percent
at the highest monitor, Rockwell CSS
monitor 37–159–002. This downward
trend in ozone levels, coupled with the
relatively small year over year variation
in ozone design values, makes it
reasonable to conclude that the
Charlotte NC-SC 1997 8-hour NAAQS
Area will not exceed the 1997 8-hour
ozone NAAQS during the second 10year maintenance period.
C. Monitoring Network and Verification
of Continued Attainment
EPA periodically reviews the ozone
monitoring networks operated and
maintained by the states in accordance
with 40 CFR part 58. The network plans
are submitted annually to EPA, and
network assessments are submitted
every five years. NCDAQ operates a
network plan with multiple monitors
within the boundary of the Charlotte
NC-SC 1997 8-hour NAAQS Area.21 The
annual network plan developed by
NCDAQ follows a public notification
and review process. EPA has reviewed
and approved the North Carolina 2021
Ambient Air Monitoring Network Plan
(‘‘2021 Annual Network Plan’’).22
21 South Carolina maintains one monitor in York
County. Although that monitor is near the
maintenance boundary, it is not used to determine
compliance of the Charlotte NC-SC 1997 8-hour
NAAQS Area with the 1997 8-hour ozone NAAQS
because it is not located within the maintenance
area. The Catawba Longhouse monitor referenced in
Tables 2a and 2b is a monitor maintained by the
Catawba Indian Nation (CIN), and the CIN land was
included in the Charlotte NC-SC 1997 8-hour
NAAQS Area boundary.
22 See October 27, 2021, letter and approval from
Caroline Freeman, Director, Air and Radiation
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Mecklenburg County Air Quality and
NCDAQ also submitted 2020 Ambient
Air Monitoring Network Assessments as
required by 40 CFR 58.10(d).
To verify the attainment status of the
Metrolina Area over the maintenance
period, the maintenance plan should
contain provisions for continued
operation of an appropriate, EPAapproved monitoring network in
accordance with 40 CFR part 58. As
noted above, North Carolina’s 2020
Annual Network Plan, which covers the
monitors within the Charlotte NC-SC
1997 8-hour NAAQS Area, has been
approved by EPA in accordance with 40
part 58. In the LMP, North Carolina
commits to continue to monitoring
ozone in the Metrolina Area. North
Carolina states that any monitoring
changes will only be made if they are
consistent with 40 CFR part 58 and that
any monitor shutdowns or relocations
will only be made with EPA’s approval.
D. Contingency Plan
Section 175A(d) of the Act requires
that a maintenance plan include
contingency provisions. The purpose of
such contingency provisions is to
prevent future violations of the NAAQS
or to promptly remedy any NAAQS
violations that might occur during the
maintenance period. The state should
identify specific triggers which will be
used to determine when the
contingency measures need to be
implemented.
The LMP has three triggers. The
primary trigger will be a violating
design value of the 1997 8-hour ozone
NAAQS within the Charlotte NC-SC
1997 8-hour NAAQS Area. The trigger
date will be 60 days from the date on
which an ozone monitor in the Area
records a fourth highest value that,
when averaged with the two previous
ozone seasons’ fourth highest values,
results in a three year average equal to
Division, EPA Region 4 to Mike Abraczinskas,
Director, Division of Air Quality, North Carolina
Department of Environmental Quality, available in
the docket for this proposed action.
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or greater than 85 ppb. If this trigger or
the secondary trigger is activated, the
LMP requires North Carolina to conduct
analyses to determine the emission
control measures that will be necessary
for attaining or maintaining the 1997 8hour ozone NAAQS. The plan outlines
the steps that North Carolina must
conduct to determine control measures,
including verification and analysis of
data related to the exceedance, and
possible causes. North Carolina will
adopt and implement as expeditiously
as practicable, but no later than 24
months after the trigger event, at least
one control measure that is determined
to be most appropriate for reducing NOx
emissions.23
The secondary trigger will apply if the
state finds monitored ozone levels
indicating that an actual ozone NAAQS
violation may be imminent, i.e., when
there are two consecutive ozone seasons
in which the fourth highest values are
85 ppb or greater at a single monitor
within the maintenance area. The
tertiary trigger will be a first alert as to
a potential future violation and will be
activated when a monitor in the Area
has a fourth highest value of 85 ppb or
greater, starting the first year after the
maintenance plan has been approved.
Like the primary trigger, the trigger date
for the secondary and tertiary triggers
will be 60 days from the date on which
an ozone monitor in the Area records
the pertinent fourth highest value.
Tertiary trigger activation will result in
the analyses described in the LMP to
understand why a fourth high
exceedance has occurred and in the
development of an outreach plan
identifying any additional voluntary
measures that can be implemented.
EPA proposes to find that the
contingency provisions in North
Carolina’s second maintenance plan for
the 1997 8-hour Ozone NAAQS meet
the requirements of the CAA section
175A(d).
E. Conclusion
EPA proposes to find that the
Metrolina Area LMP for the 1997 8-hour
ozone NAAQS includes an approvable
update of various elements of the initial
EPA-approved maintenance plan for the
1997 8-hour ozone NAAQS. EPA also
proposes to find that the Metrolina Area
qualifies for the LMP option and
adequately demonstrates maintenance
of the 1997 8-hour ozone NAAQS
through the documentation of
23 See Contingency Plan section of the LMP for
further information regarding the contingency plan,
including measures that North Carolina will
consider for adoption if the trigger is activated. The
LMP is available in the docket for this proposed
action.
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monitoring data showing maximum
1997 8-hour ozone levels well below the
NAAQS and historically stable design
values. EPA believes the Metrolina Area
LMP, which retains existing control
measures in the SIP, is sufficient to
provide for maintenance of the 1997 8hour ozone NAAQS in the Metrolina
Area over the second maintenance
period (i.e., through 2034) and thereby
satisfies the requirements for such a
plan under CAA section 175A(b). EPA
is therefore proposing to approve North
Carolina’s December 9, 2021,
submission of the Metrolina Area LMP
as a revision to the North Carolina SIP.
V. Transportation Conformity and
General Conformity
Transportation conformity is required
by section 176(c) of the CAA.
Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the NAAQS. See
CAA 176(c)(1)(A) and (B). EPA’s
transportation conformity rule at 40 CFR
part 93 subpart A requires that
transportation plans, programs, and
projects conform to SIPs, and that it
establishes the criteria and procedures
for determining whether they conform.
The conformity rule generally requires a
demonstration that emissions from the
Regional Transportation Plan (RTP) and
the Transportation Improvement
Program (TIP) are consistent with the
motor vehicle emissions budget (MVEB)
contained in the control strategy SIP
revision or maintenance plan. See 40
CFR 93.101, 93.118, and 93.124. A
MVEB is defined as ‘‘the portion of the
total allowable emissions defined in the
submitted or approved control strategy
implementation plan revision or
maintenance plan for a certain date for
the purpose of meeting reasonable
further progress milestones or
demonstrating attainment or
maintenance of the NAAQS, for any
criteria pollutant or its precursors,
allocated to highway and transit vehicle
use and emissions.’’ See 40 CFR 93.101.
Under the conformity rule, LMP areas
may demonstrate conformity without a
regional emissions analysis. See 40 CFR
93.109(e). On August 13, 2013, EPA
made a finding that the MVEBs for the
first 10 years of the 1997 8-hour ozone
maintenance plan for the North Carolina
portion of the Charlotte NC-SC 1997 8hour NAAQS Area were adequate for
transportation conformity purposes. In a
Federal Register notice dated August
13, 2013, EPA notified the public of that
finding. See 78 FR 49265. This
adequacy determination became
effective on August 28, 2013.
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After approval of this LMP or an
adequacy finding for this LMP, there is
no requirement to meet the ‘‘budget
test’’ for motor vehicle emissions
pursuant to the transportation
conformity rule for the Metrolina Area.
All actions that would require a
transportation conformity determination
for the Metrolina Area under EPA’s
transportation conformity rule
provisions are considered to have
already satisfied the regional emissions
analysis and ‘‘budget test’’ requirements
in 40 CFR 93.118 as a result of EPA’s
adequacy finding for this LMP. See 69
FR 40004 (July 1, 2004).
However, because LMP areas are still
maintenance areas, certain aspects of
transportation conformity
determinations still will be required for
transportation plans, programs, and
projects. Specifically, for such
determinations, RTPs, TIPs, and
transportation projects still will have to
demonstrate that they are fiscally
constrained (40 CFR 93.108) and meet
the criteria for consultation (40 CFR
93.105) and Transportation Control
Measure implementation in the
conformity rule provisions (40 CFR
93.113) as well as meet the hot-spot
requirements for projects (40 CFR
93.116).24 Additionally, conformity
determinations for RTPs and TIPs must
be determined no less frequently than
every four years, and conformity of plan
and TIP amendments and transportation
projects is demonstrated in accordance
with the timing requirements specified
in 40 CFR 93.104. In addition, in order
for projects to be approved they must
come from a currently conforming RTP
and TIP. See 40 CFR 93.114 and 40 CFR
93.115. The Charlotte NC-SC 2008
NAAQS Area must continue to meet all
applicable requirements of the general
conformity regulations.
VI. Proposed Action
Under sections 110(k) and 175A of the
CAA and for the reasons set forth above,
EPA is proposing to approve the
Metrolina Area LMP for the 1997 8-hour
ozone NAAQS, submitted by NCDAQ
on December 9, 2021, as a revision to
the North Carolina SIP. EPA is
proposing to approve the Metrolina
Area LMP because it includes an
acceptable update of various elements of
the 1997 8-hour ozone NAAQS
Maintenance Plan approved by EPA for
the first 10-year period (including
emissions inventory, assurance of
adequate monitoring and verification of
24 A conformity determination that meets other
applicable criteria in Table 1 of paragraph (b) of this
section (93.109(e)) is still required, including the
hot-spot requirements for projects in CO, PM10, and
fine particulate matter (PM2.5) areas.
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continued attainment, and contingency
provisions), and retains the relevant
provisions of the SIP.
EPA also finds that the Metrolina
Area qualifies for the LMP option and
that, therefore, the Metrolina Area’s
LMP adequately demonstrates
maintenance of the 1997 8-hour ozone
NAAQS through documentation of
monitoring data showing maximum
1997 8-hour ozone levels well below the
NAAQS and continuation of existing
control measures. EPA believes that the
Metrolina Area’s 1997 8-Hour Ozone
LMP is sufficient to provide for
maintenance of the 1997 8-hour ozone
NAAQS in the Metrolina Area over the
second 10-year maintenance period,
through 2034, and thereby satisfies the
requirements for such a plan under CAA
section 175A(b).
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely proposes to
approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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);
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• 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it 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, Intergovernmental Relations,
Nitrogen Oxides, Ozone, Reporting and
Recordkeeping Requirements, Volatile
Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 10, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022–25078 Filed 11–18–22; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 22–1167; MB Docket No. 22–373; RM–
11933; FR ID 113831]
Radio Broadcasting Services; South
Padre Island, Texas
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This document requests
comments on a Petition for Rule Making
filed by Eduardo Gallegos, proposing to
amend the FM Table of Allotments, by
substituting Channel 288A for vacant
Channel 237A at South Padre Island,
Texas to accommodate the hybrid
modification application of Station
KRIX(FM) that proposes the substitution
of Channel 237A for Channel 288A at
Port Isabel, Texas and modification of
Station KRIX(FM)’s license to specify
operation on Channel 237A at Port
Isabel, Texas. A staff engineering
SUMMARY:
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
70765
analysis indicates that Channel 288A
can be allotted to South Padre Island,
Texas, consistent with the minimum
distance separation requirements of the
Commission’s rules (Rules), with a site
restriction of 11 km (7 miles) south of
the community. The reference
coordinates are 26–01–30 NL and 97–
09–15 WL.
DATES: Comments must be filed on or
before January 3, 2023, and reply
comments on or before January 18,
2023.
ADDRESSES: Secretary, Federal
Communications Commission, 45 L
Street NE, Washington, DC 20554. In
addition to filing comments with the
FCC, interested parties should serve the
counsel to petitioner as follows: Dan J.
Alpert, Esq., The Law Office of Dan J.
Alpert, 2120 21st Rd. N, Arlington, VA
22201.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2054.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Federal
Communications Commission’s
(Commission) Notice of Proposed Rule
Making, MB Docket No. 22–373,
adopted November 9, 2022, and released
November 9, 2022. The full text of this
Commission decision is available online
at https://apps.fcc.gov/ecfs. The full text
of this document can also be
downloaded in Word or Portable
Document Format (PDF) at https://
www.fcc.gov/edocs. This document does
not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
On December 8, 2021, the Audio
Division cancelled the license of station
DKZSP, Fac. ID No. 56473, Channel
237A, South Padre Island, TX. See FCC
Broadcast Actions, Report No. 50134,
released December 13, 2021. Channel
237A at South Padre Island, Texas, is,
therefore, considered a vacant allotment
resulting from the license cancellation
of FM station DKZSP. Vacant Channel
237A at South Padre Island, Texas, is
not currently listed in the FM Table of
Allotments.
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rule Making is issued until the matter
E:\FR\FM\21NOP1.SGM
21NOP1
]]>Agencies
[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Proposed Rules]
[Pages 70758-70765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25078]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0265; FRL-9781-01-R4]
Air Plan Approval; North Carolina; Charlotte-Gastonia-Rock Hill
Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of North Carolina, through the North Carolina Division of Air
Quality (NCDAQ), via a letter dated December 9, 2021. The SIP revision
includes the 1997 8-hour ozone national ambient air quality standards
(NAAQS) Limited Maintenance Plan (LMP) for the North Carolina portion
(hereinafter referred to as the Metrolina
[[Page 70759]]
Area) of the Charlotte-Gastonia-Rock Hill NC-SC 1997 8-hour ozone
maintenance area (hereinafter referred to as the ``Charlotte NC-SC 1997
8-hour NAAQS Area''). The Charlotte NC-SC 1997 8-hour NAAQS Area is
comprised of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union
Counties and a portion of Iredell County (i.e., Coddle Creek and
Davidson Townships) in North Carolina; and the Rock Hill Metropolitan
Planning Organization boundary in York County, South Carolina. EPA is
proposing to approve the Metrolina Area LMP because it provides for the
maintenance of the 1997 8-hour ozone NAAQS within the Metrolina Area
through the end of the second 10-year portion of the maintenance period
in 2034. The effect of this action would be to make certain commitments
related to maintenance of the 1997 8-hour ozone NAAQS in the Metrolina
Area federally enforceable as part of the North Carolina SIP.
DATES: Comments must be received on or before December 21, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0265 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9029. Ms. Spann can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of EPA's Proposed Action
II. Background
III. North Carolina's SIP Submittal
IV. EPA's Evaluation of North Carolina's SIP Submittal
A. Attainment Emissions Inventory
B. Maintenance Demonstration
C. Monitoring Network and Verification of Continued Attainment
D. Contingency Plan
E. Conclusion
V. Transportation Conformity and General Conformity
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Summary of EPA's Proposed Action
In accordance with the Clean Air Act (CAA or Act), EPA is proposing
to approve the Metrolina Area LMP for the 1997 8-hour ozone NAAQS that
was submitted by NCDAQ as a revision to the North Carolina SIP on
December 9, 2021. In 2004, the Charlotte NC-SC 1997 8-hour NAAQS Area,
which includes the Metrolina Area, was designated as nonattainment for
the 1997 8-hour ozone NAAQS. Subsequently, in 2013, after a clean data
determination and EPA's approval of a maintenance plan, the Metrolina
Area was redesignated to attainment for the 1997 8-hour ozone NAAQS.
See 76 FR 70656 (November 15, 2011) and 78 FR 72036 (December 2, 2013
The Metrolina Area LMP is designed to maintain the 1997 8-hour
ozone NAAQS within the Metrolina Area through the end of the second 10-
year portion of the maintenance period beyond redesignation. EPA is
proposing to approve the plan because it meets all applicable
requirements under CAA sections 110 and 175A.
As a general matter, the Metrolina Area LMP relies on the same
control measures and contingency provisions to maintain the 1997 8-hour
ozone NAAQS during the second 10-year portion of the maintenance period
as the maintenance plan submitted by NCDAQ for the first 10-year
period.
II. Background
Ground-level ozone is formed when oxides of nitrogen
(NOX) and volatile organic compounds (VOC) react in the
presence of sunlight. These two pollutants, referred to as ozone
precursors, are emitted by many types of pollution sources, including
on- and off-road motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints. Scientific evidence indicates that adverse public
health effects occur following exposure to ozone, particularly in
children and in adults with lung disease. Breathing air containing
ozone can reduce lung function and inflame airways, which can increase
respiratory symptoms and aggravate asthma and other lung diseases.
Ozone exposure also has been associated with increased
susceptibility to respiratory infections, medication use, doctor
visits, and emergency department visits and hospital admissions for
individuals with lung disease. Children are at increased risk from
exposure to ozone because their lungs are still developing and they are
more likely to be active outdoors, which increases their exposure.\1\
---------------------------------------------------------------------------
\1\ See ``Fact Sheet, Proposal to Revise the National Ambient
Air Quality Standards for Ozone,'' January 6, 2010, available at
https://www.epa.gov/sites/default/files/2020-12/documents/decision_to_retain_ozone_standards_fact_sheet_final2.pdf, and 27 FR
2938 (January 19, 2010).
---------------------------------------------------------------------------
In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), or 120 parts
per billion (ppb), averaged over a 1-hour period. See 44 FR 8202
(February 8, 1979). On July 18, 1997, EPA revised the primary and
secondary NAAQS for ozone to set the acceptable level of ozone in the
ambient air at 0.08 ppm, averaged over an 8-hour period. See 62 FR
38856 (July 18, 1997).\2\ EPA set the 8-hour ozone NAAQS based on
scientific evidence demonstrating that ozone causes adverse health
effects at lower concentrations and over longer periods of time than
was understood when the pre-existing 1-hour ozone NAAQS was set. EPA
determined that the 8-hour NAAQS would be more protective of human
health, especially for children and adults who are active outdoors, and
individuals with a pre-existing respiratory disease, such as asthma.
---------------------------------------------------------------------------
\2\ In March 2008, EPA completed another review of the primary
and secondary ozone NAAQS and tightened them further by lowering the
level for both to 0.075 ppm. See 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone NAAQS and tightened them by lowering the level
for both to 0.070 ppm. See 80 FR 65292 (October 26, 2015).
---------------------------------------------------------------------------
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 15, 2004, EPA designated the Charlotte
NC-SC 1997 8-hour NAAQS Area, which consists of Cabarrus, Gaston,
Lincoln, Mecklenburg, Rowan and Union Counties and a portion of Iredell
County (i.e., Coddle Creek and Davidson Townships) in North Carolina;
and the Rock Hill Metropolitan Planning Organization boundary in York
County,
[[Page 70760]]
South Carolina, as nonattainment for the 1997 8-hour ozone NAAQS. The
designation became effective on June 15, 2004. See 69 FR 23858 (April
30, 2004).
Similarly, on May 21, 2012, EPA designated areas as unclassifiable/
attainment or nonattainment for the 2008 8-hour ozone NAAQS. The
Charlotte-Gastonia-Rock Hill NC-SC Area \3\ (hereinafter referred to as
the Charlotte NC-SC 2008 NAAQS Area) was designated as nonattainment
for the 2008 8-hour ozone NAAQS and classified as a marginal
nonattainment area. This designation became effective on July 20, 2012.
See 77 FR 30088.
---------------------------------------------------------------------------
\3\ The Charlotte-Gastonia-Rock Hill NC-SC Area for the 2008 8-
hour ozone NAAQS consists of portions of Cabarrus, Gaston, Iredell,
Lincoln, Rowan and Union Counties and the entirety of Mecklenburg
County in North Carolina, and a portion of York County, South
Carolina, which excludes the Catawba Area.
---------------------------------------------------------------------------
In addition, on November 16, 2017, areas were designated for the
2015 8-hour ozone NAAQS. The entire states of North Carolina and South
Carolina were designated attainment/unclassifiable for the 2015 8-hour
ozone NAAQS, with an effective date of January 16, 2018. See 82 FR
54232.
A state may submit a request that EPA redesignate a nonattainment
area that is attaining a NAAQS to attainment, and, if the area has met
other required criteria described in section 107(d)(3)(E) of the CAA,
EPA may approve the redesignation request.\4\ One of the criteria for
redesignation is to have an approved maintenance plan under CAA section
175A. The maintenance plan must demonstrate that the area will continue
to maintain the NAAQS for the period extending ten years after
redesignation, and it must contain such additional measures as
necessary to ensure maintenance and such contingency provisions as
necessary to assure that violations of the NAAQS will be promptly
corrected. Eight years after the effective date of redesignation, the
state must also submit a second maintenance plan to ensure ongoing
maintenance of the NAAQS for an additional ten years pursuant to CAA
section 175A(b) (i.e., ensuring maintenance for 20 years after
redesignation).
---------------------------------------------------------------------------
\4\ Section 107(d)(3)(E) of the CAA sets out the requirements
for redesignating a nonattainment area to attainment. They include
attainment of the NAAQS, full approval of the applicable SIP
pursuant to CAA section 110(k), determination that improvement in
air quality is a result of permanent and enforceable reductions in
emissions, demonstration that the state has met all applicable
section 110 and part D requirements, and a fully approved
maintenance plan under CAA section 175A.
---------------------------------------------------------------------------
EPA has published long-standing guidance for states on developing
maintenance plans, beginning with a 1992 memo referred to as the
Calcagni memo.\5\ The Calcagni memo provides that states may generally
demonstrate maintenance in one of two ways: by either performing air
quality modeling to show that the future mix of sources and emission
rates will not cause a violation of the NAAQS, or by showing that
projected future emissions of a pollutant and its precursors will not
exceed the level of emissions generated during a year when the area was
attaining the NAAQS (i.e., attainment year inventory). See Calcagni
memo at page 9. EPA clarified in three subsequent guidance memos that
certain areas can meet the CAA section 175A requirement to provide for
maintenance by showing that the area is unlikely to violate the NAAQS
in the future, using information such as the area's design value \6\
being well below the standard and the area having a historically stable
design value.\7\ EPA refers to a maintenance plan containing this
streamlined demonstration as an LMP.
---------------------------------------------------------------------------
\5\ John Calcagni, Director, Air Quality Management Division,
EPA Office of Air Quality Planning and Standards (OAQPS),
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' September 4, 1992 (Calcagni memo, available at https://www.epa.gov/ground-level-ozone-pollution/procedures-processing-requests-redesignate-areas-attainment).
\6\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone area is the
highest design value of any monitoring site in the area.
\7\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, OAQPS, dated
November 16, 1994; ``Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas'' from Joseph Paisie, OAQPS,
dated October 6, 1995; and ``Limited Maintenance Plan Option for
Moderate PM10 Nonattainment Areas'' from Lydia Wegman,
OAQPS, dated August 9, 2001. Copies of these guidance memoranda can
be found in the docket for this proposed rulemaking.
---------------------------------------------------------------------------
EPA has interpreted CAA section 175A as permitting the LMP option
because section 175A of the Act does not define how areas may
demonstrate maintenance, and in EPA's experience implementing the
various NAAQS, areas that qualify for LMPs and have approved LMPs have
rarely, if ever, experienced subsequent violations of the NAAQS. As
noted in the LMP guidance memoranda, states seeking an LMP must still
submit the other maintenance plan elements outlined in the Calcagni
memo, including: an attainment emissions inventory, provisions for the
continued operation of the ambient air quality monitoring network,
verification of continued attainment, and a contingency plan in the
event of a future violation of the NAAQS. Moreover, a state seeking an
LMP must still submit its section 175A maintenance plan as a revision
to its SIP, with all attendant notice and comment procedures. While the
LMP guidance memoranda were originally written with respect to certain
NAAQS,\8\ EPA has extended the LMP interpretation of section 175A to
other NAAQS and pollutants not specifically covered by the previous
guidance memos.\9\
---------------------------------------------------------------------------
\8\ The prior memos addressed: unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10
(particulate matter with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment areas for the carbon monoxide (CO)
NAAQS.
\9\ See, e.g., 79 FR 41900 (July 18, 2014) (Approval of the
second ten-year LMP for the Grant County 1971 SO2
maintenance area).
---------------------------------------------------------------------------
In this case, EPA is proposing to approve the Metrolina Area LMP
because the State has made a showing, consistent with EPA's prior LMP
guidance, that the Charlotte NC-SC 1997 8-hour NAAQS Area's ozone
concentrations are well below the 1997 8-hour ozone NAAQS and have been
historically stable, and that it has met the other maintenance plan
requirements. NCDAQ submitted this LMP for the Metrolina Area to
fulfill the second maintenance plan requirement in the Act. EPA's
evaluation of the Metrolina Area LMP is presented below.
In November of 2011 and in March of 2013, NCDAQ submitted to EPA a
request to redesignate the Metrolina Area of the Charlotte NC-SC 1997
8-hour NAAQS Area to attainment for the 1997 8-hour ozone NAAQS. This
submittal included a plan to provide for maintenance of the 1997 8-hour
ozone NAAQS in the Metrolina Area through 2024 as a revision to the
North Carolina SIP. EPA approved North Carolina's Metrolina Area
maintenance plan and the State's request to redesignate the North
Carolina portion of the Charlotte NC-SC 1997 NAAQS Area to attainment
for the 1997 8-hour ozone NAAQS effective January 2, 2014.\10\
---------------------------------------------------------------------------
\10\ See 78 FR 72036 (December 2, 2013).
---------------------------------------------------------------------------
Under CAA section 175A(b), states must submit a revision to the
first maintenance plan eight years after redesignation to provide for
maintenance of the NAAQS for ten additional years following the end of
the first 10-year period. EPA's final implementation rule for the 2008
8-hour ozone NAAQS revoked the 1997 8-hour ozone NAAQS and stated that
one consequence of revocation was that areas that had been redesignated
to attainment (i.e., maintenance areas) for the 1997 NAAQS no longer
needed to submit second 10-year maintenance
[[Page 70761]]
plans under CAA section 175A(b). See 80 FR 12264, 12315 (March 6,
2015).
In South Coast Air Quality Management District v. EPA, the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) vacated the EPA's interpretation that, because of the
revocation of the 1997 8-hour ozone NAAQS, second maintenance plans
were not required for ``orphan maintenance areas,'' i.e., areas that
had been redesignated to attainment for the 1997 8-hour ozone NAAQS and
were designated attainment for the 2008 ozone NAAQS. South Coast, 882
F.3d 1138 (D.C. Cir. 2018). Thus, states with these ``orphan
maintenance areas'' under the 1997 8-hour ozone NAAQS must submit
maintenance plans for the second maintenance period. Accordingly, on
December 9, 2021, North Carolina submitted a second 10-year maintenance
plan covering the Metrolina Area that provides for attainment of the
1997 8-hour ozone NAAQS through 2034.
In recognition of the continuing record of air quality monitoring
data showing ambient 8-hour ozone concentrations in the Charlotte NC-SC
1997 8-hour NAAQS Area well below the 1997 8-hour ozone NAAQS, NCDAQ
chose the LMP option for the development of its second 1997 8-hour
ozone NAAQS maintenance plan covering the Metrolina Area.
III. North Carolina's SIP Submittal
As mentioned above, on December 9, 2021, NCDAQ submitted the
Metrolina Area LMP as a revision to the North Carolina SIP. The
submittal includes the LMP, air quality data, emissions inventory
information, and appendices. Appendices to the plan include average
2017 summer day anthropogenic emissions by county and sector and
documentation of notice, hearing, and public participation prior to
adoption of the plan by NCDAQ on December 9, 2021. The Metrolina Area
LMP does not include any additional emission reduction measures but
relies on the same emission reduction strategy as the first 10-year
maintenance plan that provides for the maintenance of the 1997 8-hour
ozone NAAQS through 2024. Specifically, the measures upon which the
second 10-year LMP for the Metrolina Area relies include the foundation
control program, which consists of federal and state control measures
that ensure continued maintenance of the NAAQS, as well as supporting
programs such as the Air Awareness Program, Advance Program, Grant
Program, Volkswagen Settlement, and EPA Consent Decree with Duke Energy
Corporation. It also relies on continued implementation of federal
measures (e.g., Tier 2 and 3 Motor Vehicle Emission and Fuel
Standards,\11\ Utility New Source Performance Standards (NSPS),\12\
NOX SIP Call,\13\ and interstate transport rules such as the
Cross-State Air Pollution Rule (CSAPR) \14\ and CSAPR Update).\15\
---------------------------------------------------------------------------
\11\ See 79 FR 23414 (April 28, 2014).
\12\ See 77 FR 9304 (February 16, 2012).
\13\ See 63 FR 57355 (October 27, 1998).
\14\ See 76 FR 48208 (August 8, 2011).
\15\ See 81 FR 74504 (October 26, 2016).
---------------------------------------------------------------------------
IV. EPA's Evaluation of North Carolina's SIP Submittal
EPA has reviewed the Metrolina Area's LMP, which is designed to
maintain the 1997 8-hour ozone NAAQS within the Metrolina Area through
the end of the 20-year period beyond redesignation, as required under
CAA Section 175A(b). The following is a summary of EPA's interpretation
of the section 175A requirements \16\ and EPA's evaluation of how each
requirement is met.
---------------------------------------------------------------------------
\16\ See Calcagni memo at pages 7-13.
---------------------------------------------------------------------------
A. Attainment Emissions Inventory
For maintenance plans, a state should develop a comprehensive,
accurate inventory of actual emissions for an attainment year to
identify the level of emissions which is sufficient to maintain the
NAAQS. A state should develop this inventory consistent with EPA's most
recent guidance on emissions inventory development. For ozone, the
inventory should be based on typical summer day emissions of VOCs and
NOX, as these pollutants are precursors to ozone formation.
The Metrolina LMP includes an ozone attainment emissions inventory for
the Metrolina Area that reflects typical summer day emissions in 2017.
Table 1 presents a summary of the inventory for 2017 contained in this
LMP.
Table 1--Average Summer Day 2017 Anthropogenic NOX and VOC Emissions by
Sector for the Metrolina Area
[Tons/summer day]
------------------------------------------------------------------------
Sector NOX VOC
------------------------------------------------------------------------
Fire.................................... 0.028 0.269
Nonpoint................................ 0.267 2.266
Nonroad................................. 0.436 0.451
Onroad.................................. 2.184 1.376
Point................................... 0.072 0.912
-------------------------------
Total............................... 2.987 5.274
------------------------------------------------------------------------
The Attainment Emissions Inventory section of the Metrolina Area's
LMP describes the methods, models, and assumptions used to develop the
attainment inventory. As described in the Emissions Inventory section
(Section 3.1) of the LMP, NCDAQ generally relied on the 2017 National
Emissions Inventory (NEI).\17\ The Metrolina Area's maintenance
inventory is comprised of anthropogenic sources. Naturally occurring,
or biogenic, emissions are not included in the inventory, as these
emissions are outside the State's purview. Because much of the EPA's
2017 NEI is compiled at the county level, but the Metrolina Area
includes only a subset of the townships in relevant counties, the NCDAQ
developed methodologies to estimate the proportion of county emissions
occurring in the maintenance area. When available, these methodologies
utilize locational information; otherwise, they assume population as a
surrogate indicator of emissions activity.
---------------------------------------------------------------------------
\17\ U.S. EPA, 2017 Emissions Modeling Data downloaded from
ftp://newftp.epa.gov/air/emismod/2017/reports, accessed August 2021.
---------------------------------------------------------------------------
Based on our review of the methods, models, and assumptions used by
NCDAQ to develop the inventory, as well as our review of the 2017
summer emissions data, EPA proposes to find that the Metrolina Area's
LMP includes
[[Page 70762]]
a comprehensive, reasonably accurate inventory of actual ozone
precursor emissions in attainment year 2017 and proposes to conclude
that this is acceptable for the purposes of a subsequent maintenance
plan under CAA section 175A(b).
B. Maintenance Demonstration
The maintenance demonstration requirement is considered satisfied
in an LMP if the state can provide sufficient weight of evidence
indicating that air quality in the area is well below the level of the
NAAQS, that past air quality trends have been shown to be stable, and
that the probability of the area experiencing a violation over the
second 10-year maintenance period is low.\18\ These criteria are
evaluated below with regard to the Charlotte NC-SC 1997 8-hour NAAQS
Area as a whole.
---------------------------------------------------------------------------
\18\ See Footnote 7.
---------------------------------------------------------------------------
1. Evaluation of Ozone Concentration Levels
To attain the 1997 8-hour ozone NAAQS, the three-year average of
the fourth-highest daily maximum 8-hour average ozone concentrations
(i.e., the design value) at each monitor within an area must not exceed
0.08 ppm. Based on the rounding convention described in 40 CFR part 50,
Appendix I, the NAAQS is attained if the design value is 0.084 ppm or
below. At the time of submission, EPA evaluated quality assured and
certified 2018-2020 monitoring data \19\ and determined that the design
value for the Charlotte NC-SC 1997 8-hour NAAQS Area was 0.067 ppm, or
80 percent of the level of the 1997 8-hour ozone NAAQS (measured at the
Garinger High School Monitor (AQS ID: 37-119-0041) and the University
Meadows monitor (AQS ID: 37-119-0046) in Mecklenburg County, NC).
Consistent with prior guidance, EPA believes that if the most recent
air quality design value for the area is at a level that is well below
the NAAQS (e.g., below 85 percent of the NAAQS, or in this case below
0.071 ppm), then EPA considers the state to have met the section 175A
requirement for a demonstration that the area will maintain the NAAQS
for the requisite period. Such a demonstration assumes continued
applicability of prevention of significant deterioration requirements
and any control measures already in the SIP and that Federal measures
will remain in place through the end of the second 10-year maintenance
period, absent a showing consistent with section 110(l) that such
measures are not necessary to assure maintenance.
---------------------------------------------------------------------------
\19\ See https://www.epa.gov/air-trends/air-quality-design-values#report (follow the ``Ozone Design Values 2020 (xlsx)''
hyperlink, then open ``Table4. County Status'' in the spreadsheet
and scroll down to North Carolina).
---------------------------------------------------------------------------
Tables 2a and 2b present the 2003-2021 design values for each
monitor in the Charlotte NC-SC 1997 8-hour NAAQS Area. As shown in
these tables, all sites have been below the level of the 1997 8-hour
ozone NAAQS since the area was redesignated to attainment, and the most
recent design value is below the level of 85 percent of the NAAQS,
consistent with prior LMP guidance. The 2019-2021 design value is 0.066
ppm or 79 percent of the level of the 1997 8-hour ozone NAAQS (measured
at the Garinger High School Monitor (AQS ID: 37-119-0041) and the
University Meadows monitor (AQS ID: 37-119-0046) in Mecklenburg County,
NC).
Table 2a--1997 8-Hour Ozone NAAQS 2003-2011 Design Values (ppm) at Monitoring Sites in the Charlotte NC-SC 1997 NAAQS Area
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2001- 2002- 2003- 2004- 2005- 2006- 2007- 2008- 2009-
AQS site ID Site name County name 2003 DV 2004 DV 2005 DV 2006 DV 2007 DV 2008 DV 2009 DV 2010 DV 2011 DV
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37-109-0004.................... Crouse............ Lincoln........... 0.092 0.086 0.081 0.079 0.083 0.082 0.076 0.072 0.071
37-119-0041.................... Garinger.......... Mecklenburg....... 0.096 0.091 0.086 0.088 0.090 0.089 0.082 0.078 0.079
37-119-0046.................... University Meadows Mecklenburg....... ....... ....... ....... ....... ....... ....... ....... ....... .......
37-119-1005.................... Arrowood.......... Mecklenburg....... 0.084 0.081 0.078 0.080 0.083 0.079 0.076 0.073 0.076
37-119-1009.................... County Line....... Cabarrus.......... 0.098 0.092 0.087 0.088 0.093 0.094 0.086 0.082 0.078
37-159-0021.................... Rockwell CSS...... Rowan............. 0.100 0.094 0.088 0.083 0.089 0.088 0.083 0.077 0.075
37-159-0022.................... Enochville........ Rowan............. 0.099 0.091 0.085 0.085 0.090 0.088 0.083 0.077 0.076
37-179-0003.................... Monroe............ Union............. 0.088 0.085 0.079 0.078 0.081 (\e\) 0.076 0.072 0.070
45-091-8801.................... Catawba Longhouse. Catawba Indian ....... ....... ....... ....... ....... ....... ....... ....... .......
Nation.
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Table 2b--1997 8-Hour Ozone NAAQS 2012-2021 Design Values (ppm) at Monitoring Sites in the Charlotte NC-SC 1997 NAAQS Area
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2010- 2011- 2012- 2013- 2014- 2015- 2016- 2017- 2018- 2019-
AQS site ID Site name County name 2012 DV 2013 DV 2014 DV 2015 DV 2016 DV 2017 DV 2018 DV 2019 DV 2020 DV 2021 DV
--------------------------------------------------------------------------------------------------------------------------------------------------------
37-109-0004................. Crouse......... Lincoln (NC)... 0.075 0.072 0.068 0.065 0.067 0.067 0.065 0.064 0.060 0.061
37-119-0041................. Garinger....... Mecklenburg 0.083 0.078 0.070 0.068 0.069 0.069 0.068 0.070 0.067 0.066
(NC).
37-119-0046................. University Mecklenburg ....... ....... ....... ....... \a\ \a\ 0.070 0.069 0.067 0.066
Meadows. (NC). 0.070 0.070
37-119-1005................. Arrowood....... Mecklenburg 0.077 0.072 \b\ ....... ....... ....... ....... ....... ....... .......
(NC). 0.066
37-119-1009................. County Line.... Cabarrus (NC).. 0.083 0.078 0.073 \c\ ....... ....... ....... ....... ....... .......
0.067
37-159-0021................. Rockwell CSS... Rowan (NC)..... 0.078 0.073 0.068 0.064 0.065 0.064 0.062 0.062 0.061 0.062
37-159-0022................. Enochville..... Rowan (NC)..... 0.077 \d\ ....... ....... ....... ....... ....... ....... ....... .......
0.072
37-179-0003................. Monroe......... Union (NC)..... 0.073 0.070 0.068 0.067 ....... ....... (\e\) (\e\) 0.063 0.062
[[Page 70763]]
45-091-8801................. Catawba Catawba Indian ....... ....... ....... ....... ....... ....... 0.063 0.064 0.062 0.062
Longhouse. Nation.
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\a\ Monitor started in 2016 to replace 37-119-1009; EPA approved combining data for the two sites to calculate a design value; value reported is a
combined design value.
\b\ Monitor was shut down at the end of the 2014 ozone season.
\c\ Monitor was shut down at the end of the 2015 ozone season and replaced by 37-119-0046 in 2016. EPA approved combining data from the two monitors to
calculate design values.
\d\ Monitor was shut down at the end of the 2013 ozone season.
\e\ Monitor did not meet the 3-year completeness requirement of 90 percent.
Therefore, the Metrolina Area is eligible for the LMP option, and
EPA proposes to find that the long record of monitored ozone
concentrations that attain the NAAQS, together with the continuation of
existing VOC and NOX emissions control programs, adequately
provide for the maintenance of the 1997 8-hour ozone NAAQS in the
Metrolina Area through the second 10-year maintenance period and
beyond.
Additional supporting information that the Metrolina Area is
expected to continue to maintain the NAAQS can be found in projections
of future year design values that EPA recently completed for the
Revised Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS
that EPA finalized on April 30, 2021.\20\ Those projections, made for
the year 2023, show that the maximum design value for the Charlotte NC-
SC 1997 Ozone Area is expected to be 60.3 parts per billion (ppb). EPA
is not proposing to make any finding in this action regarding
interstate transport obligations for any state.
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\20\ On April 30, 2021, EPA published the final Revised Cross-
State Air Pollution Rule (CSAPR) Update (RCU) using updated modeling
that focused on analytic years 2023 and 2028 and an
``interpolation'' analysis of these modeling results to generate air
quality and contribution values for the 2021 analytic year. See 86
FR 23054. https://www.govinfo.gov/content/pkg/FR-2021-04-30/pdf/2021-05705.pdf. This modeling included projected ozone design values
for ozone monitors in the Charlotte SC-NC maintenance area. See the
spreadsheet titled ``Data File with Ozone Design Values and Ozone
Contributions (xlsx)'' at https://www.epa.gov/csapr/revised-cross-state-air-pollution-rule-update.
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2. Stability of Ozone Levels
As discussed above, the Charlotte NC-SC 1997 8-hour NAAQS Area has
maintained air quality below the 1997 8-hour ozone NAAQS over the past
twelve design values. Additionally, the design value data shown in
Tables 2a and 2b illustrate that ozone levels have been relatively
stable over the 2001-2021 timeframe, with an overall downward trend.
For example, data in Tables 2a and 2b indicate that the largest year
over year change in design values at any one monitor during these
seventeen years was 0.008 ppm, which occurred between the 2003 and 2004
design values and between the 2013 and the 2014 design values,
representing approximately an 8 percent and 10 percent decrease at
monitors 37-159-0022 (Enochville) and 37-119-0041 (Garinger),
respectively. Furthermore, the overall trend in design values for the
Charlotte NC-SC 1997 8-hour NAAQS Area between the 2003-2021 design
values, shows a decrease of 38 percent at the highest monitor, Rockwell
CSS monitor 37-159-002. This downward trend in ozone levels, coupled
with the relatively small year over year variation in ozone design
values, makes it reasonable to conclude that the Charlotte NC-SC 1997
8-hour NAAQS Area will not exceed the 1997 8-hour ozone NAAQS during
the second 10-year maintenance period.
C. Monitoring Network and Verification of Continued Attainment
EPA periodically reviews the ozone monitoring networks operated and
maintained by the states in accordance with 40 CFR part 58. The network
plans are submitted annually to EPA, and network assessments are
submitted every five years. NCDAQ operates a network plan with multiple
monitors within the boundary of the Charlotte NC-SC 1997 8-hour NAAQS
Area.\21\ The annual network plan developed by NCDAQ follows a public
notification and review process. EPA has reviewed and approved the
North Carolina 2021 Ambient Air Monitoring Network Plan (``2021 Annual
Network Plan'').\22\ Mecklenburg County Air Quality and NCDAQ also
submitted 2020 Ambient Air Monitoring Network Assessments as required
by 40 CFR 58.10(d).
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\21\ South Carolina maintains one monitor in York County.
Although that monitor is near the maintenance boundary, it is not
used to determine compliance of the Charlotte NC-SC 1997 8-hour
NAAQS Area with the 1997 8-hour ozone NAAQS because it is not
located within the maintenance area. The Catawba Longhouse monitor
referenced in Tables 2a and 2b is a monitor maintained by the
Catawba Indian Nation (CIN), and the CIN land was included in the
Charlotte NC-SC 1997 8-hour NAAQS Area boundary.
\22\ See October 27, 2021, letter and approval from Caroline
Freeman, Director, Air and Radiation Division, EPA Region 4 to Mike
Abraczinskas, Director, Division of Air Quality, North Carolina
Department of Environmental Quality, available in the docket for
this proposed action.
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To verify the attainment status of the Metrolina Area over the
maintenance period, the maintenance plan should contain provisions for
continued operation of an appropriate, EPA-approved monitoring network
in accordance with 40 CFR part 58. As noted above, North Carolina's
2020 Annual Network Plan, which covers the monitors within the
Charlotte NC-SC 1997 8-hour NAAQS Area, has been approved by EPA in
accordance with 40 part 58. In the LMP, North Carolina commits to
continue to monitoring ozone in the Metrolina Area. North Carolina
states that any monitoring changes will only be made if they are
consistent with 40 CFR part 58 and that any monitor shutdowns or
relocations will only be made with EPA's approval.
D. Contingency Plan
Section 175A(d) of the Act requires that a maintenance plan include
contingency provisions. The purpose of such contingency provisions is
to prevent future violations of the NAAQS or to promptly remedy any
NAAQS violations that might occur during the maintenance period. The
state should identify specific triggers which will be used to determine
when the contingency measures need to be implemented.
The LMP has three triggers. The primary trigger will be a violating
design value of the 1997 8-hour ozone NAAQS within the Charlotte NC-SC
1997 8-hour NAAQS Area. The trigger date will be 60 days from the date
on which an ozone monitor in the Area records a fourth highest value
that, when averaged with the two previous ozone seasons' fourth highest
values, results in a three year average equal to
[[Page 70764]]
or greater than 85 ppb. If this trigger or the secondary trigger is
activated, the LMP requires North Carolina to conduct analyses to
determine the emission control measures that will be necessary for
attaining or maintaining the 1997 8-hour ozone NAAQS. The plan outlines
the steps that North Carolina must conduct to determine control
measures, including verification and analysis of data related to the
exceedance, and possible causes. North Carolina will adopt and
implement as expeditiously as practicable, but no later than 24 months
after the trigger event, at least one control measure that is
determined to be most appropriate for reducing NOx emissions.\23\
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\23\ See Contingency Plan section of the LMP for further
information regarding the contingency plan, including measures that
North Carolina will consider for adoption if the trigger is
activated. The LMP is available in the docket for this proposed
action.
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The secondary trigger will apply if the state finds monitored ozone
levels indicating that an actual ozone NAAQS violation may be imminent,
i.e., when there are two consecutive ozone seasons in which the fourth
highest values are 85 ppb or greater at a single monitor within the
maintenance area. The tertiary trigger will be a first alert as to a
potential future violation and will be activated when a monitor in the
Area has a fourth highest value of 85 ppb or greater, starting the
first year after the maintenance plan has been approved. Like the
primary trigger, the trigger date for the secondary and tertiary
triggers will be 60 days from the date on which an ozone monitor in the
Area records the pertinent fourth highest value. Tertiary trigger
activation will result in the analyses described in the LMP to
understand why a fourth high exceedance has occurred and in the
development of an outreach plan identifying any additional voluntary
measures that can be implemented.
EPA proposes to find that the contingency provisions in North
Carolina's second maintenance plan for the 1997 8-hour Ozone NAAQS meet
the requirements of the CAA section 175A(d).
E. Conclusion
EPA proposes to find that the Metrolina Area LMP for the 1997 8-
hour ozone NAAQS includes an approvable update of various elements of
the initial EPA-approved maintenance plan for the 1997 8-hour ozone
NAAQS. EPA also proposes to find that the Metrolina Area qualifies for
the LMP option and adequately demonstrates maintenance of the 1997 8-
hour ozone NAAQS through the documentation of monitoring data showing
maximum 1997 8-hour ozone levels well below the NAAQS and historically
stable design values. EPA believes the Metrolina Area LMP, which
retains existing control measures in the SIP, is sufficient to provide
for maintenance of the 1997 8-hour ozone NAAQS in the Metrolina Area
over the second maintenance period (i.e., through 2034) and thereby
satisfies the requirements for such a plan under CAA section 175A(b).
EPA is therefore proposing to approve North Carolina's December 9,
2021, submission of the Metrolina Area LMP as a revision to the North
Carolina SIP.
V. Transportation Conformity and General Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS. See CAA 176(c)(1)(A) and (B).
EPA's transportation conformity rule at 40 CFR part 93 subpart A
requires that transportation plans, programs, and projects conform to
SIPs, and that it establishes the criteria and procedures for
determining whether they conform. The conformity rule generally
requires a demonstration that emissions from the Regional
Transportation Plan (RTP) and the Transportation Improvement Program
(TIP) are consistent with the motor vehicle emissions budget (MVEB)
contained in the control strategy SIP revision or maintenance plan. See
40 CFR 93.101, 93.118, and 93.124. A MVEB is defined as ``the portion
of the total allowable emissions defined in the submitted or approved
control strategy implementation plan revision or maintenance plan for a
certain date for the purpose of meeting reasonable further progress
milestones or demonstrating attainment or maintenance of the NAAQS, for
any criteria pollutant or its precursors, allocated to highway and
transit vehicle use and emissions.'' See 40 CFR 93.101.
Under the conformity rule, LMP areas may demonstrate conformity
without a regional emissions analysis. See 40 CFR 93.109(e). On August
13, 2013, EPA made a finding that the MVEBs for the first 10 years of
the 1997 8-hour ozone maintenance plan for the North Carolina portion
of the Charlotte NC-SC 1997 8-hour NAAQS Area were adequate for
transportation conformity purposes. In a Federal Register notice dated
August 13, 2013, EPA notified the public of that finding. See 78 FR
49265. This adequacy determination became effective on August 28, 2013.
After approval of this LMP or an adequacy finding for this LMP,
there is no requirement to meet the ``budget test'' for motor vehicle
emissions pursuant to the transportation conformity rule for the
Metrolina Area. All actions that would require a transportation
conformity determination for the Metrolina Area under EPA's
transportation conformity rule provisions are considered to have
already satisfied the regional emissions analysis and ``budget test''
requirements in 40 CFR 93.118 as a result of EPA's adequacy finding for
this LMP. See 69 FR 40004 (July 1, 2004).
However, because LMP areas are still maintenance areas, certain
aspects of transportation conformity determinations still will be
required for transportation plans, programs, and projects.
Specifically, for such determinations, RTPs, TIPs, and transportation
projects still will have to demonstrate that they are fiscally
constrained (40 CFR 93.108) and meet the criteria for consultation (40
CFR 93.105) and Transportation Control Measure implementation in the
conformity rule provisions (40 CFR 93.113) as well as meet the hot-spot
requirements for projects (40 CFR 93.116).\24\ Additionally, conformity
determinations for RTPs and TIPs must be determined no less frequently
than every four years, and conformity of plan and TIP amendments and
transportation projects is demonstrated in accordance with the timing
requirements specified in 40 CFR 93.104. In addition, in order for
projects to be approved they must come from a currently conforming RTP
and TIP. See 40 CFR 93.114 and 40 CFR 93.115. The Charlotte NC-SC 2008
NAAQS Area must continue to meet all applicable requirements of the
general conformity regulations.
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\24\ A conformity determination that meets other applicable
criteria in Table 1 of paragraph (b) of this section (93.109(e)) is
still required, including the hot-spot requirements for projects in
CO, PM10, and fine particulate matter (PM2.5)
areas.
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VI. Proposed Action
Under sections 110(k) and 175A of the CAA and for the reasons set
forth above, EPA is proposing to approve the Metrolina Area LMP for the
1997 8-hour ozone NAAQS, submitted by NCDAQ on December 9, 2021, as a
revision to the North Carolina SIP. EPA is proposing to approve the
Metrolina Area LMP because it includes an acceptable update of various
elements of the 1997 8-hour ozone NAAQS Maintenance Plan approved by
EPA for the first 10-year period (including emissions inventory,
assurance of adequate monitoring and verification of
[[Page 70765]]
continued attainment, and contingency provisions), and retains the
relevant provisions of the SIP.
EPA also finds that the Metrolina Area qualifies for the LMP option
and that, therefore, the Metrolina Area's LMP adequately demonstrates
maintenance of the 1997 8-hour ozone NAAQS through documentation of
monitoring data showing maximum 1997 8-hour ozone levels well below the
NAAQS and continuation of existing control measures. EPA believes that
the Metrolina Area's 1997 8-Hour Ozone LMP is sufficient to provide for
maintenance of the 1997 8-hour ozone NAAQS in the Metrolina Area over
the second 10-year maintenance period, through 2034, and thereby
satisfies the requirements for such a plan under CAA section 175A(b).
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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, Intergovernmental Relations, Nitrogen Oxides, Ozone,
Reporting and Recordkeeping Requirements, Volatile Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 10, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-25078 Filed 11-18-22; 8:45 am]
BILLING CODE 6560-50-P
