[Federal Register: May 26, 2005 (Volume 70, Number 101)]
[Proposed Rules]
[Page 30389-30396]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my05-24]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R04-OAR-2004-NC-0005-200513; FRL-7917-8]
Approval and Promulgation of Air Quality Implementation Plans;
North Carolina; Attainment Demonstration of the Mountain, Unifour,
Triad and Fayetteville Early Action Compact Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve revisions to the State
Implementation Plan (SIP) submitted by the State of North Carolina
through the Department of Environment and Natural Resources (DENR) on
December 21, 2004. These revisions are submitted pursuant to the Early
Action Compact (EAC) protocol \1\ and will result in emission
reductions needed to attain and maintain the 8-hour ozone National
Ambient Air Quality Standard (NAAQS) in the Mountain, Unifour, Triad
and Fayetteville EAC areas (the North Carolina EAC Areas). EPA is
proposing approval of the photochemical modeling used by North Carolina
to support the attainment demonstration of the 8-hour ozone standard
within these areas. The proposed revisions further incorporate the
local control measures of the Mountain, Unifour, Triad and Fayetteville
EAC area agreements into the SIP.
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\1\ The EAC Protocol can be found at http://www.epa.gov/air/eac/
and in Regional Materials in Edocket (RME) ID No. R04-OAR-2004-NC-
0005 (see the ADDRESSES section of this notice for further
information on RME).
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DATES: Written comments must be received on or before June 27, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R04-OAR-2004-NC-0005, by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: spann.jane@epa.gov.
4. Fax: 404-562-9019.
5. Mail: ``R04-OAR-2004-NC-0005'', Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
6. Hand Delivery or Courier: Deliver your comments to: Jane Spann,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division 12th floor, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
Instructions: Direct your comments to RME ID No. R04-OAR-2004-NC-
0005. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through RME, regulations.gov, or e-mail if you believe that it is CBI
or otherwise protected from disclosure. The EPA RME Web site and the
Federal
[[Page 30390]]
regulations.gov are ``anonymous access'' systems, which means EPA will
not know your identity or contact information unless you provide it in
the body of your comment. If you send an e-mail comment directly to EPA
without going through RME or regulations.gov, your e-mail address will
be automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in the official file which is available at the Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if
at all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane Spann, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9029. Ms. Spann can also be reached via electronic mail at
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION: The use of ``we,''``us,''or ``our'' in this
document refers to EPA.
Table of Contents
I. What action are we proposing?
II. What is a SIP?
III. What is ozone and the purpose of the 8-hour ozone standard?
IV. What is an EAC?
V. What are the North Carolina EAC areas and their respective 8-hour
ozone designations?
VI. How is attainment demonstrated for the 8-hour ozone standard
with a photochemical model?
VII. What measures are included in this EAC SIP submittal?
VIII. What happens if the area does not meet the EAC commitments or
milestones?
IX. Why are we proposing to approve this EAC SIP submittal?
X. Proposed Action
XI. Statutory and Executive Order Reviews
I. What Action Are We Proposing?
Today we are proposing to approve revisions to the North Carolina
SIP under sections 110 and 116 of the Clean Air Act (``CAA'' or ``The
Act''). These revisions demonstrate attainment and maintenance of the
8-hour ozone standard, 0.08 parts per million (ppm),\2\ within the
Mountain, Unifour, Triad and Fayetteville EAC areas (the North Carolina
EAC Areas) by 2007, and incorporate the control measures developed by
these EACs into the North Carolina SIP. The North Carolina EACs are
agreements between the North Carolina DENR, local governments and EPA.
The intent of these agreements is to reduce ozone pollution and thereby
attain and maintain the 8-hour ozone standard by 2007, sooner than
required by CAA for areas designated nonattainment. Section VII of this
rulemaking describes the control measures that will be implemented
within the North Carolina EAC areas.
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\2\ The 8-hour ozone standard was promulgated on July 18, 1997
(62 FR 38856).
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II. What Is a SIP?
The ``SIP'' is the State Implementation Plan required by section
110 of the CAA and its implementing regulations. In essence, the SIP is
a set of air pollution regulations, control strategies, and technical
analyses developed by the State to ensure that the State meets the
National Ambient Air Quality Standards (NAAQS). Once included in the
SIP, these regulations, strategies, and analyses are federally
enforceable by EPA. The NAAQS are established under section 109 of the
Act and they currently address six criteria pollutants: carbon
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur
dioxide. These SIPs can be extensive, containing state regulations or
other enforceable documents and supporting information such as emission
inventories, monitoring networks, and modeling demonstrations. As is
discussed in greater detail below, SIP revisions relating to attainment
of the 8-hour ozone standard, submitted by North Carolina on December
21, 2004 are now being proposed.
III. What Is Ozone and the Purpose of the 8-hour Ozone Standard?
Ozone is formed by a series of chemical reactions involving
nitrogen oxides (NOX), the result of combustion processes,
and reactive organic gases, also termed volatile organic compounds
(VOCs). NOX and VOCs are emitted into the air through many
sources such as vehicles, power plants and other industrial facilities.
Ozone and its precursors have many adverse effects on human health and
can cause the following: irritation of the respiratory system,
reduction of lung function (making it more difficult to breathe),
aggravation of asthma, inflammation and damage to the lining of the
lungs, and an increase in the risk of hospital admissions and doctor
visits for respiratory problems. In order to reduce ozone it is
necessary to reduce NOX and VOCs, ozone precursors.
Consistent with the Act, ozone reductions are achieved by establishing
NAAQS, such as the 8-hour ozone standard, and implementing the measures
necessary to reduce ozone and its precursors. In the April 30, 2004,
(69 FR 23858), Federal Register document entitled ``Air Quality
Designations and Classifications for the 8-Hour Ozone National Ambient
Air Quality Standards; Early Action Compact Areas with Deferred
Effective Dates,'' EPA designated every county in the United States
unclassifiable/attainment or nonattainment. Generally, when areas are
designated nonattainment, they must put measures in place that will
control and maintain ozone concentrations at healthy levels; areas
designated as attainment must also develop maintenance plans to ensure
ozone concentrations do not increase over time to unhealthy levels. The
EAC program involves a commitment by areas close to attainment of the
ozone standard to achieve clean air sooner. The areas' commitment is
demonstrated by implementing control measures to achieve attainment
earlier than mandated by the 8-hour ozone NAAQS and the Clean Air Act.
The EAC areas that were designated nonattainment, but were able to meet
the requirements of the EAC Protocol currently have a deferral of their
nonattainment designation until September 30, 2005.
IV. What Is an EAC?
An ``EAC'' is an ``Early Action Compact.'' This is an agreement
between a State, local governments and
[[Page 30391]]
EPA to implement measures not necessarily required by the Act in order
to achieve cleaner air as soon as possible. Communities close to or
exceeding the 8-hour ozone standard that have elected to enter into an
EAC have started reducing air pollution at least two years sooner than
required by the Act. In many cases, these reductions will be achieved
by local air pollution control measures not otherwise mandated under
the Act. The program was designed for areas that approach or monitor
exceedances of the 8-hour ozone standard, but are in attainment for the
1-hour ozone standard. The 1-hour ozone standard will be revoked as of
June 15, 2005 in most areas. It will not be revoked for previous 1-hour
nonattainment areas that are 8-hour EAC areas, such as the Nashville,
TN and Greensboro-Winston Salem-High Point, NC 1-hour area (the Triad
8-hour EAC area).\3\ These areas will continue to implement
transportation conformity requirements related to the 1-hour ozone
standard. The 1-hour ozone transportation conformity requirements will
no longer be in effect one year after the 8-hour ozone attainment
designation if the areas are successful in achieving attainment through
implementation of the EAC. If any EAC area is unsuccessful in attaining
the 8-hour ozone NAAQS through the EAC process, it will be subject to
the 8-hour ozone transportation conformity requirements one year after
the nonattainment designation becomes effective.
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\3\ Notably, the counties included in the 8-hour EAC area may
not directly correspond with all the counties included in the
previous 1-hour area for the similar geographic area.
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The initial choice to enter into an EAC was voluntary on behalf of
the local officials and State air quality officials. EPA believes that
early planning and implementation of control measures that improve air
quality will likely accelerate protection of public health. The EAC
program allows participating State and local entities to make decisions
that will accelerate meeting the new 8-hour ozone standard using local
pollution control measures in addition to federally mandated measures.
While the choice of entering into an EAC was voluntary, all measures
adopted as part of the EAC are being proposed for incorporation into
the SIP and will be mandatory and federally enforceable.
In Region 4, EPA initially received 22 requests to enter into EACs
in December 2002, including 100 counties in four states. Currently,
there are 17 areas and 85 counties included in the EAC program in four
Region 4 states. Of those 17, only eight areas received a deferral of
their nonattainment designation. Five of the eight areas that have a
deferred nonattainment designation are now attaining the 8-hour ozone
standard and modeling attainment of that standard into the future.
Consistent with EPA's EAC Protocol, states with communities
participating in the EAC program had to submit plans for meeting the 8-
hour ozone standard by December 31, 2004, rather than June 15, 2007,
the Act's deadline for all other areas not meeting the standard. The
EAC protocol further requires communities to develop and implement air
pollution control strategies, account for emissions growth and
demonstrate attainment by 2007 and maintain the 8-hour ozone standard
until at least 2012. Greater details of the EAC program are explained
in EPA's December 16, 2003 (68 FR 70108) proposed Federal Register
document entitled ``Deferral of Effective Date of Nonattainment
Designations for 8-hour Ozone National Ambient Air Quality Standards
for Early Action Compact Areas.''
North Carolina submitted an EAC for the Unifour area on December
19, 2002, the Fayetteville area on December 20, 2002, and the Triad and
Mountain areas on December 23, 2002. These were signed by
representatives of the local communities, State air quality officials
and the Regional Administrator. The EPA deferred the effective date of
nonattainment designations for EAC areas that were violating the 8-hour
ozone standard, but continue to meet the compact milestones. Details of
this deferral were published in the April 30, 2004, (69 FR 23858),
Federal Register notice. The North Carolina EAC area designations are
discussed further in Section V of today's rulemaking. To date, the
North Carolina EAC areas have met all EAC milestones and, as long as
EAC areas continue to meet the agreed upon milestones, the
nonattainment designation will be deferred until April 15, 2008. At
that time EAC areas with air quality monitoring data showing attainment
for the years 2005-2007 that have also met all the compact milestones
will be designated as attainment for the 8-hour ozone standard.
V. What Are the North Carolina EAC Areas and Their Respective 8-Hour
Ozone Designations?
In April 2004 (69 FR 23858), EPA designated areas as nonattainment
for the 8-hour NAAQS based upon air quality monitoring data during the
2001 through 2003 ozone seasons. EPA designated counties in the
Mountain EAC area as unclassifiable/attainment, counties in the Unifour
EAC area and Cumberland County in the Fayetteville EAC area as
nonattainment-deferred, three counties in the Triad EAC area
unclassifiable/attainment and the remaining eight counties in the Triad
EAC area nonattainment-deferred for the 8-hour ozone standard (See
Table 1). Although the counties in the Mountain EAC area were
designated unclassifiable/attainment for the 8-hour ozone standard,
three counties opted to continue with the EAC process.
Table 1.--North Carolina EAC Areas and Their 8-Hour Ozone Designations
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EAC areas EAC 8-hour ozone designation
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Mountain Area of Western North Carolina EAC
Area (Mountain EAC Area):\4\
Buncombe County........................... Unclassifiable/Attainment.
Haywood County (partial).................. Unclassifiable/Attainment.
Madison County............................ Unclassifiable/Attainment.
Unifour EAC Area:
Alexander County.......................... Nonattainment-deferred.
Burke County (partial).................... Nonattainment-deferred.
Caldwell County (partial)................. Nonattainment-deferred.
Catawba County............................ Nonattainment-deferred.
Triad EAC Area:
Alamance County........................... Nonattainment-deferred.
Caswell County............................ Nonattainment-deferred.
Davidson County........................... Nonattainment-deferred.
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Davie County.............................. Nonattainment-deferred.
Forsyth County............................ Nonattainment-deferred.
Guilford County........................... Nonattainment-deferred.
Randolph County........................... Nonattainment-deferred.
Rockingham County......................... Nonattainment-deferred.
Stokes County............................. Unclassifiable/Attainment.
Surry County.............................. Unclassifiable/Attainment.
Yadkin County............................. Unclassifiable/Attainment.
Fayetteville EAC Area:
Cumberland County......................... Nonattainment-deferred.
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To date, the North Carolina EAC areas have met all EAC milestones
and, as long as EAC areas continue to meet the agreed upon milestones,
the impact of the designations will be deferred until April 15, 2008.
At that time, EPA will evaluate the 8-hour ozone designations for these
areas.
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\4\ Henderson and Transylvania Counties opted out of the
Mountain EAC area and are no longer participating.
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VI. How Is Attainment Demonstrated for the 8-Hour Ozone Standard With a
Photochemical Model?
An area will typically evaluate necessary control measures using
modeling programs to determine how that area can meet and maintain the
NAAQS. This process is no different for EAC areas which used modeling
and screening tests to evaluate attainment and maintenance of the 8-
hour ozone standard. The attainment test uses ambient air quality
monitored design values with model-generated ozone concentration data.
The test is applied at each monitor in the area as well as applicable
unmonitored modeling sites in the EAC area. A future year design value
is developed by multiplying the ratio of the future year to current
year model-predicted 8-hour daily maximum ozone concentrations by a
current design value. The current ambient air quality design value is
developed from air quality monitored data. Under EPA regulations at 40
CFR Part 50, the 8-hour ozone standard is attained when the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ambient ozone concentrations is less than or equal to 0.08 ppm. (See 69
FR 23857, April 30, 2004, for further information). If modeled
predicted future site-specific design values are less than 0.085 ppm at
each monitor site, the test is passed.\5\
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\5\ Although the ozone standard is 0.08 ppm, monitored values
less than 0.085 are rounded down to 0.08 whereas monitored values
equal to or greater than 0.085 are rounded up, and considered to be
an exceedance of the standard. The 8-hour ozone standard can also be
expressed in parts per billion and EPA often refers to monitors
meeting the standard if they monitor values less than 85 ppb.
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A. How Was Attainment Demonstrated Through the North Carolina EAC
Modeling?
The North Carolina modeling was developed consistent with the EPA
draft modeling guidance and EAC protocol guidance that was available
when the modeling was conducted.\6\ The air quality modeled
concentrations were developed using the Multiscale Air Quality
Simulation Platform (MAQSIP) multi-scale photochemical air quality
model. Representative episodes from several years were used in the base
year modeling to validate the model for use in developing a control
strategy for attainment of the 8-hour ozone NAAQS. The episodes were
chosen to be reflective of the most frequent meteorological conditions
that are conducive to 8-hour ozone exceedances. Three types of modeling
inventories are needed for the attainment demonstration modeling: The
base, current and future year inventories. The base year inventory
represents the year of the episode being modeled and is used for
evaluating the performance of the photochemical air quality model. The
base years and episodes used in this SIP demonstration are July 13-15,
1995, June 21-24, 1996, June 27-29, 1996 and July 11-15, 1997. The
second inventory is the ``current'' year inventory. For the North
Carolina EAC modeling demonstration, the current year is 2000 (this is
the most recent year that North Carolina DENR could develop in time for
the SIP demonstration). Ideally, the current year, which represents a
recent inventory, would be 2002. The use of older emission inventories
introduces more uncertainties as projections are made over longer time
periods. Areas with 8-hour ozone SIPs due in 2007 are expected to use
the 2002 inventory as mentioned in the policy memo (``2002 Base Year
Emission Inventory SIP Planning: 8-hr Ozone, PM2.5, and Regional Haze
Programs'' by Lydia N. Wegman dated November 18, 2002). However, for
EAC SIPs submitted in 2004, EPA will accept another year provided the
data represents recent conditions. The 2000 emission inventory was the
most recent inventory that was available for North Carolina to use in
their EAC SIP demonstration. The 2000 current year inventory is
processed using all of the different meteorological episodes being
studied. The photochemical modeling uses the current year inventory and
those results are used as a representation of current air quality
conditions. Several future year inventories were developed for the
attainment year (2007) and maintenance years (2012 and 2017). It is the
future year base inventories to which control strategies and
sensitivities are applied to determine the controls necessary to attain
the ozone standard. The attainment test is passed for all EAC area
monitors for the future years of 2007, 2012 and 2017 for the North
Carolina EAC areas using the higher of the most recent monitored design
values from 1999-2001 and 2001-2003. The future-predicted design values
from the North Carolina modeling are presented in Table 2. With the
exception of the Cooleemee monitor (which does indicate attainment) in
the Triad area, the future design values are well below 84 ppb for the
North Carolina EAC monitors.
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\6\ The EPA issued guidance on the air quality modeling that is
used to demonstrate attainment with the 8-hour ozone NAAQS. See U.S.
EPA, (1999), Draft Guideline on the Use of Models and Other Analysis
in Attainment Demonstrations for the 8-Hour Ozone NAAQS, EPA-454/R-
99-00413, (May 1999). A copy may be found on EPA's Web site at
http://www.epa.gov/ttn/scram/ (file name: ``DRAFT8HR'')
EPA, June, 2002. ``Protocol for Early Action Compacts Designed
to Achieve and Maintain the 8-Hour Ozone Standard''. Located at
http://www.epa.gov/ttn/naaqs/ozone/eac/.
``Appendix W to 40 CFR Part 51: Guideline on Air Quality
Models.'' Located at http://www.epa.gov/scram001/ (file name:
``Appendix W'').
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Table 2.--North Carolina Future Design Values (ppb)
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Area/monitor 2007 2012 2017
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Fayetteville EAC Area:
Wade............................... 78 73 69
Golfview........................... 77 72 68
Mountain EAC Area:
Fry Pan............................ 77 73 73
Purchase Knob...................... 75 70 67
Bent Creek......................... 74 69 68
Waynesville........................ 71 67 65
Triad EAC Area:
Cooleemee.......................... 84 79 75
Hattie Avenue...................... 80 75 71
Union Cross........................ 79 73 70
Bethany............................ 76 71 70
Cherry Grove....................... 76 72 69
McLeansville....................... 76 71 68
Shiloh Church...................... 76 72 68
Sophia............................. 72 67 64
Plooirosa.......................... 69 65 63
Unifour EAC Area:
Taylorsville....................... 75 69 67
Lenoir/Caldwell County............. 73 68 66
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B. Were Supplemental Analyses Used in the Technical Demonstration for
Attainment in North Carolina?
According to the 1999 draft EPA 8-hour ozone modeling guidance (the
guidance available when North Carolina began their modeling), a weight
of evidence (WOE) determination is optional if attainment is modeled.
If it is submitted, it provides additional corroborative analyses to
support and strengthen the attainment modeling. A WOE determination
uses different analyses than the photochemical model and is therefore
useful in providing corroboration of the results of a photochemical
model. These analyses are particularly useful if the attainment test
results are within a few parts per million of the 8-hour ozone
standard. The State of North Carolina chose to submit a WOE
determination to support the attainment modeling results. The WOE
determination results varied for each EAC area but are supportive of
the modeling conclusions for attainment. The WOE determination is
described in detail and for each EAC area in the Technical Support
Document (TSD) \7\ for this document. The WOE determination elements in
the SIP submittal are summarized below.
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\7\ The TSD can be found in RME ID No. R04-OAR-2004-NC-0005 (see
the ADDRESSES section of this notice for further information on
RME).
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Three analysis items as defined in the draft EPA 8-hour ozone
modeling guidance and two state-derived analyses were developed using
the air quality modeling. A percent reduction is developed for the
relative change between the current and future year for the five
analysis items. The five air quality modeling analyses are:
1. Number () of grid cells with hourly 8-hour ozone
concentration > 84 ppb
2. Number of maximum daily 8-hour ozone concentration > 84 ppb
3. Sum of grid-cells with predicted hourly 8-hour ozone
concentration > 84 ppb
4. Sum of grid-cells with predicted maximum daily 8-hour ozone
concentration > 84 ppb
5. Number of grid cells with predicted maximum 8-hour ozone
concentrations sorted within EPA's Air Quality Index codes (e.g.,
green, yellow, orange and red categories)
An 80 percent change in the number of grid cells for a metric
represents a sizeable improvement in 8-hour ozone concentrations. The
WOE modeling-based results illustrate reductions in expected future
year ozone. However, the majority of local EAC control measures were
not included in the modeling. The expected emission reductions from the
measures which were not modeled further support the conclusion that the
EAC areas will attain and maintain the 8-hour ozone standard. EAC
control measures are discussed in Section VII of this notice.
Table 3.--Average Percent (%) Reductions From Weight of Evidence Determination Results
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Percent reduction for each EAC area
Analysis item --------------------------------------------------------------------------------------------------------------------------
Triad Fayetteville Mountain Unifour
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grid cells with >95% (2007).................. 100% (2007, 2012, 2017)....... >95% (2007)................. >85% (2007)
hourly 8-hour ozone 100% (2012 & 2017)........... 100% (2012 & 2017).......... >95% (2012 & 2017)
concentration > 84 ppb.
maximum daily 8 >95% (2007).................. 100% (2007, 2012, 2017)....... >95% (2007)................. >85% (2007)
hour ozone concentration > 100% (2012 & 2017)........... 100% (2012 & 2017).......... >95% (2012 & 2017)
84 ppb.
sum of grid-cells with >95% (2007).................. 100% (2007, 2012, 2017)....... >95% (2007)................. >85% (2007)
predicted hourly 8-hour 100% (2012 & 2017)........... 100% (2012 & 2017).......... >95% (2012 & 2017)
ozone concentration > 84 ppb.
sum of grid-cells with >95% (2007).................. 100% (2007, 2012, 2017)....... >95% (2007)................. >85% (2007)
predicted maximum daily 8- 100% (2012 & 2017)........... 100% (2012 & 2017).......... >95% (2012 & 2017)
hour ozone concentration >
84 ppb.
[[Page 30394]]
number of grid cells for >95% (2007).................. 100% (2007, 2012, 2017)....... 100% (2007, 2012, 2017)..... 100% (2007, 2012, 2017)
EPA's Air Quality Index 100% (2012 & 2017)...........
orange and red codes
combined.
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The reductions presented in Table 3 well surpassed the EPA draft 8-
hour ozone modeling guidance recommendation of achieving grid cell
improvements.
C. What Is the Maintenance for Growth Plan for the EAC Areas?
In addition to control measures designed to attain and maintain the
8-hour ozone standard, North Carolina's EAC SIP also includes a
comprehensive maintenance plan. In summary, North Carolina proposes to
implement a maintenance plan similar to the requirements for section
175A of the Clean Air Act, which requires maintenance plans to be
submitted for all areas redesignated from nonattainment to attainment.
EPA's EAC Protocol required demonstration of maintenance of the 8-hour
ozone standard through 2012; North Carolina's maintenance plan models
attainment through 2017. The North Carolina maintenance plan also
includes the following:
1. An attainment demonstration for the 2007-2017 period. Future
design values developed through modeling for 2007, 2012 and 2017 that
are below 85 ppb at all monitors in the EAC areas.
2. A commitment for a mid point evaluation in 2012.
3. A commitment to develop the maintenance plan for a second 10-
year period for 2017-2027 and a schedule for developing that plan
including emission inventories and air quality modeling. The schedule
is as follows:
December 2004--North Carolina submits EAC SIP, covering
both attainment date of 2007 and first 10-year maintenance period
through 2017
April 2005--State of North Carolina and EAC areas
implement EAC measures
December 2005--First annual tracking report is submitted
to EPA
December 2006--Second annual tracking report is submitted
to EPA
December 2007--Attainment date
December 2007--Third annual tracking report is submitted
to EPA
April 2008--EPA designates area attainment for the 8-hour
ozone standard providing areas have 3 years of quality assured data
showing attainment
December 2008--The State completes evaluation of new
emissions data and determines whether revised modeling analysis is
required
December 2008--Fourth annual tracking report is submitted
to EPA and continues for each year thereafter through the end of the
maintenance period
January 2013--The State begins work on 10-year maintenance
plan update
December 2015--Submits 10-year maintenance plan update to
EPA
December 2027--20-year maintenance plan and annual
tracking for growth concludes.
4. A commitment to update the EAC plan and submit to EPA in 2015.
5. A commitment to annually track stationary and highway mobile
source emissions. Provides triggers (emissions growth thresholds and
rates) and actions (air quality analyses, modeling and adopting
additional controls) to be performed to address emission growth.
6. Based on the tracking of the growth of stationary and onroad
mobile source emissions, North Carolina will commit to adopt and
implement additional control measures, if needed, throughout the
maintenance period.
7. A commitment to perform air quality analyses reviews and report
each December.
8. Commitments for tracking and taking follow-up action are in
force unless the 8-hour ozone standard is revoked in the future. North
Carolina believes that would happen only in the event that EPA revises
or revokes the current 8-hour ozone standard of 0.08 parts per million.
To date, EPA has not proposed any revisions to the ozone NAAQS.
9. A commitment to evaluate, in 2008, whether or not a full
modeling update is needed for all EAC areas.
10. Provide the following timeline of actions and submittals for
the maintenance plan from December 2004 to December 2027.
D. What Are EPA's Conclusions on the North Carolina EAC Technical
Demonstration for Attainment and Maintenance?
Attainment and maintenance of the 8-hour ozone NAAQS is
demonstrated in the North Carolina EAC SIP submittal. EPA believes that
the appropriate data and procedures are used to assess 8-hour ozone
attainment for the NC EAC areas. EPA's analysis indicates that the
combination of local scale modeling, WOE analyses and control
strategies demonstrates attainment of the 8-hour ozone NAAQS for each
North Carolina EAC area. Additional details of the North Carolina EAC
modeling are presented in the TSD for the State submittal.
VII. What Measures Are Included in This EAC SIP Submittal?
The North Carolina submittal describes that several control
measures are already in place or being implemented over the next few
years that will contribute to attainment and maintenance of the 8-hour
ozone standard. These measures include controls on both stationary and
mobile emissions sources. The Federal and State control measures were
modeled for the future years.
The Federal control measures that were modeled by North Carolina
included the Tier 2 vehicle standards and low sulfur gasoline, which
affects all passenger vehicles in a manufacturer's fleet; the heavy-
duty gasoline and diesel highway vehicle standards, which are designed
to reduce NOX and VOC emissions from heavy duty gasoline and
diesel highway vehicles; large nonroad diesel engine standards, for
equipment such as those used in construction, agricultural, and
industrial equipment; and nonroad spark ignition engines and
recreational engines standard, which will regulate NOX, HC
and CO for groups of previously unregulated nonroad engines.
The State control measures that were modeled included the Clean Air
Bill, in which the vehicle emissions inspection and maintenance program
was expanded from 9 counties to 48, phased in between July 1, 2002
through January 1, 2006. Another State measure was the NOX
SIP Call Rule, which will reduce summertime NOX emissions
from power plants and other industries by 68 percent by 2006. These
reductions began to be implemented in 2002. The
[[Page 30395]]
Clean Smokestacks Act will reduce NOX emissions beyond the
requirements of the NOX SIP Call Rule and will require coal-
fired power plants to reduce annual NOX emissions by 78
percent by 2009 and be applied year round. This is one of the first
state laws of its kind in the nation. An open burning ban is another
state control measure that was modeled.
The only local control measure that was modeled was the fuel
switching at one of the RJ Reynolds facilities in the Triad EAC area.
The modeling results clearly show reductions in expected future year
ozone levels. The majority of local EAC control measures were not
included in the modeling. These expected emission reductions further
support the conclusion that the North Carolina EAC areas will attain
and maintain the 8-hour ozone standard in the future. Examples of these
expected emission reductions not modeled are summarized in Table 4. For
a complete list of local reductions see Appendix Q of the December 17,
2004, 8-hour ozone attainment demonstration for the North Carolina EAC
areas submitted to EPA on December 21, 2004 found in the RME system as
mentioned in the ADDRESSES section of today's rulemaking.
Table 4.--Additional EAC Local Reductions not Modeled
------------------------------------------------------------------------
Estimated reduction
Strategy ---------------------------------------
NOX (tons/year) VOC (tons/year)
------------------------------------------------------------------------
Triad EAC:
Increase ridership on 3.5............... 5.0
municipal and regional bus
service.
Create new Park and Ride 3.2............... 1.8
Lots.
Expand PART ride sharing & 0.7............... 0.7
vanpooling.
Expand car pooling.......... 19.0.............. 23.2
Diesel retrofits on school 23.0.............. 17.0
buses.
Truck Stop Electrification.. 35.0.............. 1.8
Duke Energy Anti-Idling 0.7............... --
Policy.
Increase use of Biodiesel... 2% increase in 30% increase in
Biodiesel use. Biodiesel use.
Fayetteville EAC:
Landfill harvesting methane 5.0............... ..................
and selling energy.
Retrofitting Diesel School .................. 42% reduction.
buses.
Unifour EAC:
Expanded Public 0.4............... 0.5
Transportation.
Compressed Work Weeks....... 1.3............... 1.5
Regional Bicycle & 1.6............... 2.0
Pedestrian Plan.
City and County Energy Plan. 0.4............... 0.5
------------------------------------------------------------------------
The modeled control measures detailed in Section VII meet the
requirements of the EAC protocol: they are specific, quantified,
permanent and will be federally enforceable when approved by EPA. In
compliance with the next EAC program milestone, each of the control
measures listed above, including any measures substituted by local
areas, are scheduled to be implemented on or before December 31, 2005.
The TSD contains additional information on each of these control
measures, as well as information on numerous local measures that are
expected to have benefits, but for which specific emission reductions
were not quantified.
Despite the growth estimated for the EAC areas, the more stringent
federal emission standards are projected to substantially reduce
emissions of NOX and VOCs in the newer fleet of vehicles.
Improved emission controls in major industrial, commercial and
institutional facilities (point sources) are also projected to
significantly reduce emissions of NOX. Using air quality
models to anticipate the impact of growth, as well as the state-
assisted and locally-implemented measures to reduce emissions, the
State has projected the EAC areas will be in attainment of the 8-hour
ozone standard in 2007 and will remain in attainment through 2012 and
2017. The EPA has reviewed the modeling and emission projections and
believes attainment is demonstrated. Therefore, EPA is proposing to
approve the demonstration of attainment.
VIII. What Happens if the Area Does Not Meet the EAC Commitments or
Milestones?
In the April 30, 2004, (69 FR 23858) Final Rulemaking, EPA
designated counties in the Mountain EAC area as unclassifiable/
attainment, and counties in the Unifour, Fayetteville and Triad EAC
areas as nonattainment-deferred for the 8-hour ozone standard. The
Triad EAC area includes counties that are designated unclassifiable/
attainment and counties that are designated nonattainment-deferred in
the 69 FR 23858. In accordance with the April 30, 2004, (69 FR 23858)
Final Rulemaking the effective date of nonattainment for the EAC areas
(see Table 4) has been deferred until September 30, 2005. The measures
outlined in the North Carolina SIP submittal provide every indication
that the North Carolina EAC areas will attain the 8-hour ozone standard
by December 31, 2007 and complete each milestone and action agreed upon
in the compact. However, if one milestone is missed, EPA will take
action to propose and promulgate a finding of failure to meet the
milestone, and to withdraw the deferred effective date of the
nonattainment designation.
IX. Why Are We Proposing To Approve This EAC SIP Submittal?
We are proposing to approve this EAC SIP submittal because the SIP
submittal demonstrates attainment by December 31, 2007 and maintenance
of that standard through 2027. We have reviewed the submittal and
determined that it is consistent with the requirements of the Act,
EPA's policy, and the EAC protocol. The TSD contains detailed
information concerning this rulemaking action.
Approving the EAC submittals into the SIP will also mean that
measures and controls identified therein become federally enforceable
and the North Carolina EAC areas' citizens will start to benefit from
reductions in air pollution sooner than if the areas were designated
nonattainment. See Section VII of this rulemaking action for the
description of air pollution control measures. Finally, it means that
EPA has determined that the EAC areas have continued to fulfill the
milestones and obligations of the
[[Page 30396]]
EAC Program. In a separate action, EPA will take action proposing to
defer the effective date of nonattainment designation for these areas
until December 31, 2006, so long as the areas continue to fulfill the
EAC obligations, including semi-annual reporting requirements,
implementation of the measures in the EAC submittal by December 31,
2005, and a progress assessment by June 30, 2006.
X. Proposed Action
EPA is proposing to approve the attainment demonstration and the
Mountain area, Unifour area, Triad area and Fayetteville area EACs and
incorporate these into the North Carolina SIP. The modeling of ozone
and ozone precursor emissions from sources in the four North Carolina
EAC areas demonstrate that the specified control strategies will
provide for attainment of the 8-hour ozone NAAQS by December 31, 2007.
These specified control strategies are consistent with the EAC program.
XI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve State law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under State law and does not impose any
additional enforceable duty beyond that required by State law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
actions, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2005.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05-10473 Filed 5-25-05; 8:45 am]
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