[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Proposed Rules]
[Pages 20293-20296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8705]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2011-0029-201103; FRL-9293-2]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Charlotte-
Gastonia-Rock Hill, North Carolina and South Carolina: Determination of
Attainment for the 1997 8-Hour Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to determine that the Charlotte-Gastonia-Rock
Hill, North Carolina-South Carolina nonattainment area has attained the
1997 8-hour ozone national ambient air quality standards (NAAQS) based
on quality assured, quality controlled monitoring data from 2008-2010.
The Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-
hour ozone nonattainment area (hereafter referred to as the ``bi-state
Charlotte Area'') is comprised of Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan, Union and a portion of Iredell (Davidson and Coddle
Creek Townships) Counties in North Carolina; and a portion of York
County in South Carolina. If this proposed determination is made final,
the requirement for the States of North Carolina and South Carolina to
submit an attainment demonstration and associated reasonably available
control measures (RACM) analyses, reasonable further progress (RFP)
plans, contingency measures, and other planning State Implementation
Plans (SIPs) related to attainment of the 1997 8-hour ozone NAAQS for
the bi-state Charlotte Area, shall be suspended for as long as the Area
continues to meet the 1997 8-hour ozone NAAQS.
DATES: Written comments must be received on or before May 12, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0029 by one of the following methods:
1. http:[sol][sol]www.regulations.gov: Follow the on-line
instructions for submitting comments.
2. E-mail: [email protected].
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2011-0029,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency,
[[Page 20294]]
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2011-0029. 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:[sol][sol]www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
http:[sol][sol]www.regulations.gov or by e-mail information that you
consider to be CBI or otherwise protected. The
http:[sol][sol]www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http:[sol][sol]www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at
http:[sol][sol]www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http:[sol][sol]www.regulations.gov index. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
http:[sol][sol]www.regulations.gov or in hard copy at the Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if
at all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane Spann or Zuri Farngalo,
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. Ms.
Spann may be reached by phone at (404) 562-9029 or via electronic e-
mail at [email protected]. Mr. Farngalo may be reached by phone at
(404) 562-9152 or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is proposing to determine that the bi-state Charlotte Area has
attained the 1997 8-hour ozone NAAQS. Today's proposal is based upon
complete, quality assured, quality controlled, and certified ambient
air monitoring data for the years 2008-2010 showing that the bi-state
Charlotte Area has monitored attainment of the 1997 8-hour ozone NAAQS.
EPA is in the process of establishing a new 8-hour ozone NAAQS, and
expects to finalize the reconsidered NAAQS by July 2011. Today's
action, however, relates only to the 1997 8-hour ozone NAAQS.
Requirements for the bi-state Charlotte Area under the 2011 NAAQS will
be addressed in the future.
II. What is the effect of this action?
If this determination is made final, under the provisions of EPA's
ozone implementation rule (see 40 CFR 51.918), it would suspend the
requirement to submit attainment demonstrations and associated RACM
analyses, RFP plans, contingency measures,\1\ and any other planning
SIPs related to attainment of the 1997 8-hour ozone NAAQS. The clean
data determination would continue until such time, if any, that EPA
subsequently determines that the bi-state Charlotte Area has violated
the 1997 8-hour ozone NAAQS. The clean data determination is separate
from any future designation determination or requirements for the bi-
state Charlotte Area based on the revised or reconsidered ozone NAAQS,
and would remain in effect regardless of whether EPA designates the bi-
state Charlotte Area as a nonattainment area for purposes of a future
revised or reconsidered 8-hour ozone NAAQS.\2\ Furthermore, as
described below, a final clean data determination is not equivalent to
the redesignation of the bi-state Charlotte Area to attainment for the
1997 8-hour ozone NAAQS. If this rulemaking is finalized and EPA
subsequently determines, after notice-and-comment rulemaking in the
Federal Register, that the bi-state Charlotte Area has violated the
1997 8-hour ozone NAAQS, the basis for the suspension of the specific
requirements, set forth at 40 CFR 51.918, would no longer exist, and
the bi-state Charlotte Area would thereafter have to address pertinent
requirements.
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\1\ Contingency measures associated with a maintenance plan
(such as if the States opt to redesignate this Area to attainment
for the 1997 8-hour ozone NAAQS) would still be required.
\2\ As noted above, at this time the proposed determination of
attainment, if finalized, would suspend only those requirements
related to attainment that are currently applicable to the bi-state
Charlotte Area.
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As mentioned above, finalizing this proposed action would not
constitute a redesignation of the bi-state Charlotte Area to attainment
of the 1997 8-hour ozone NAAQS under section 107(d)(3) of the CAA.
Finalizing this proposed action does not involve approving maintenance
plans for the bi-state Charlotte Area as required under section 175A of
the CAA, or affirm that the Area has met all other requirements for
redesignation. The designation status of the bi-state Charlotte Area
would remain nonattainment for the 1997 8-hour ozone NAAQS until such
time as EPA determines that it meets the CAA requirements for
redesignation to attainment. The States of North Carolina and South
Carolina are currently working on a redesignation request and
maintenance plan to change the bi-state Charlotte Area's status from
nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA will
consider North Carolina and South Carolina's redesignation request and
maintenance plan for the bi-state
[[Page 20295]]
Charlotte Area in a rulemaking separate from today's proposed action.
This proposed action, if finalized, is limited to a determination
that the bi-state Charlotte Area has attained the 1997 8-hour ozone
NAAQS. As noted above, the 1997 8-hour ozone NAAQS became effective on
July 18, 1997 (62 FR 38894), and are set forth at 40 CFR 50.10. On
March 12, 2008, EPA promulgated revised 8-hour ozone NAAQS.
Subsequently, on January 19, 2010, EPA published a proposed rule to
reconsider the 2008 8-hour ozone NAAQS (75 FR 2938) and to propose a
revised ozone NAAQS. Today's proposed determination for the bi-state
Charlotte Area, and any final determination, will have no effect on,
and is not related to, any future designation determination that EPA
may make based on the revised or reconsidered ozone NAAQS for the Bi-
state Charlotte Area.
If this proposed determination is made final and the bi-state
Charlotte Area continues to demonstrate attainment with the 1997 8-hour
ozone NAAQS, the obligation for the States of North Carolina and South
Carolina to submit for the bi-state Charlotte Area an attainment
demonstrations and associated RACM analyses, RFP plans, contingency
measures, and any other planning SIPs related to attainment of the 1997
8-hour ozone NAAQS will remain suspended regardless of whether EPA
designates the bi-state Charlotte Area as a nonattainment area for
purposes of the revised or reconsidered ozone NAAQS. Once the bi-state
Charlotte Area is designated for the revised or reconsidered ozone
NAAQS, it will have to meet all applicable requirements for that
designation.
III. What is the background for this action?
On July 18, 1997 (62 FR 38894), EPA promulgated a revised 8-hour
ozone NAAQS of 0.08 parts per million (ppm) for both the primary and
secondary standards. These NAAQS are more stringent than the previous
1-hour ozone NAAQS. Under EPA regulations at 40 CFR part 50, the 8-hour
ozone NAAQS is attained when the 3-year average of the annual fourth-
highest daily maximum 8-hour average ambient air quality ozone
concentration is less than or equal to 0.08 ppm (i.e., 0.084 ppm when
rounding is considered). Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. The ambient air
quality monitoring data completeness requirement is met when the
average percent of days with valid ambient monitoring data is greater
than 90 percent, and no single year has less than 75 percent data
completeness as determined in Appendix I of part 50. Specifically,
section 2.3 of 40 CFR part 50, Appendix I, ``Comparisons with the
Primary and Secondary Ozone Standards'' states:
``The primary and secondary ozone ambient air quality standards
are met at an ambient air quality monitoring site when the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentration is less than or equal to 0.08 ppm. The number of
significant figures in the level of the standard dictates the
rounding convention for comparing the computed 3-year average annual
fourth-highest daily maximum 8-hour average ozone concentration with
the level of the standard. The third decimal place of the computed
value is rounded, with values equal to or greater than 5 rounding
up. Thus, a computed 3-year average ozone concentration of 0.085 ppm
is the smallest value that is greater than 0.08 ppm.''
On April 30, 2004 (69 FR 23857), EPA published its air quality
designations and classifications for the 1997 8-hour ozone NAAQS based
upon air quality monitoring data from those monitors for calendar years
2001-2003. These designations became effective on June 15, 2004. The
bi-state Charlotte Area is comprised of Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan, Union and a portion of Iredell (Davidson and Coddle
Creek Townships) Counties in North Carolina; and a portion of York
County, South Carolina and was designated nonattainment for the 1997 8-
hour ozone NAAQS. See 40 CFR part 81.
IV. What is EPA's analysis of the relevant air quality data?
EPA has reviewed the three most recent years of complete,
certified, quality assured and quality controlled ambient air
monitoring data for the 1997 8-hour ozone NAAQS, consistent with the
requirements contained in 40 CFR part 50, as recorded in the EPA Air
Quality System (AQS) database for the bi-state Charlotte Area. Based on
that review, EPA has preliminarily concluded that the bi-state
Charlotte Area attained the 1997 8-hour ozone NAAQS during the 2008-
2010 monitoring period. Under EPA regulations at 40 CFR 50.10, the 1997
8-hour primary and secondary ozone ambient air quality NAAQS are met at
an ambient air quality monitoring site when the three-year average of
the annual fourth-highest daily maximum 8-hour average concentration is
less than or equal to 0.08 ppm, as determined in accordance with
appendix I of 40 CFR part 50.
Table 1 shows the design values (the metrics calculated in
accordance with 40 CFR part 50, appendix I, for determining compliance
with the NAAQS) for the 1997 8-hour ozone NAAQS for the bi-state
Charlotte Area monitors for the years 2008-2010.
Table 1--Design Values for Counties in the Bi-State Charlotte, North and South Carolina Nonattainment Area for
the 1997 8-Hour Ozone NAAQS
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2008-2010
Location AQS site ID 2008 (ppm) 2009 (ppm) 2010 (ppm) Design
value (ppm)
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Lincoln County (NC)................. 1487 Riverview Rd. (37- 0.079 0.065 0.072 0.072
109-0004).
Mecklenburg County (NC)............. 1130 Eastway Dr. (37- 0.085 0.069 0.082 0.078
119-0041).
Mecklenburg County (NC)............. 400 Westinghouse Blvd. 0.073 0.068 0.078 0.073
(37-119-1005).
Mecklenburg County (NC)............. 29 N @ Mecklenburg Cab 0.093 0.071 0.082 0.082
Co. ( 37-119-1009).
Rowan County (NC)................... 301 West St. & Gold 0.084 0.071 0.077 0.077
Hill Ave. (37-159-
0021).
Rowan County (NC)................... 925 N Enochville Ave. 0.082 0.073 0.078 0.077
(37-159-0022).
Union County (NC)................... 701 Charles St. (37- 0.08 0.067 0.071 0.072
179-0003).
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Table 2 shows the data completeness percentages for the 1997 8-
hours ozone NAAQS for the Atlanta Area monitors for the years 2008-
2010.
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Table 2--Completeness Percentages for Counties in the Bi-State Charlotte, North and South Carolina Nonattainment
Area or the 1997 8-Hour Ozone NAAQS
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2008-2010
Location AQS site ID 2008 (%) 2009 (%) 2010 (%) Completeness
average (%)
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Lincoln County (NC)................ 1487 Riverview Rd. (37- 97 98 96 97
109-0004).
Mecklen-........................... 1130 Eastway Dr (37- 100 97 99 99
burg County (NC)................... 119-0041).
Mecklen-........................... 400 Westinghouse Blvd. 100 97 99 99
burg County (NC)................... (37-119-1005).
Mecklen-........................... 29 N @ Mecklenburg Cab 98 98 98 98
burg County (NC)................... Co. ( 37-119-1009).
Rowan County (NC).................. 301 West St & Gold 93 91 95 93
Hill Ave. (37-159-
0021).
Rowan County (NC).................. 925 N Enochville Ave. 99 97 93 96
(37-159-0022).
Union County (NC).................. 701 Charles St. (37- 98 96 98 97
179-0003).
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EPA's review of these data indicate that the bi-state Charlotte
Area has met and continues to meet the 1997 8-hour ozone NAAQS. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
V. Proposed Action
EPA is proposing to determine that the Charlotte-Gastonia-Rock
Hill, North Carolina-South Carolina 1997 8-hour nonattainment area has
attained the 1997 8-hour ozone NAAQS based on 2008-2010 complete,
quality-assured, quality-controlled and certified monitoring data. As
provided in 40 CFR 51.918, if EPA finalizes this determination, it
would suspend the requirements for the States of North and South
Carolina to submit, for the bi-state Charlotte Area, an attainment
demonstrations and associated RACM analyses, RFP plans, contingency
measures, and any other planning SIPs related to attainment of the 1997
8-hour ozone NAAQS as long as the Area continues to attain the 1997 8-
hour ozone NAAQS.
VI. Statutory and Executive Order Reviews
This action proposes to make a determination of attainment based on
air quality, and would, if finalized, result in the suspension of
certain federal requirements, and it would 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 Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition,
this proposed 1997 8-hour ozone clean NAAQS data determination for the
bi-state Charlotte Area does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Oxides of nitrogen, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: March 31, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-8705 Filed 4-11-11; 8:45 am]
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