Proposed Rule2022-02718
Air Plan Approval; NC; Great Smoky Mountains National Park, Raleigh-Durham-Chapel Hill and Rocky Mount Areas Limited Maintenance Plans for the 1997 8-Hour Ozone NAAQS
Primary source
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Published
February 11, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources, Division of Air Quality (NCDAQ), in a letter dated September 22, 2020. The SIP revisions include the 1997 8-hour ozone national ambient air quality standards (NAAQS) Limited Maintenance Plans (LMPs) for the Great Smoky Mountains National Park (GSMNP), Raleigh-Durham-Chapel Hill (Triangle) and Rocky Mount, North Carolina Areas (collectively, "Areas"). EPA is proposing to approve the LMPs for the Areas because each LMP provides for the maintenance of the 1997 8-hour ozone NAAQS within each of the Areas through the end of the second 10-year portion of the maintenance period. The effect of this action would be to make certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in the Areas federally-enforceable as part of the North Carolina SIP.
Full Text
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<title>Federal Register, Volume 87 Issue 29 (Friday, February 11, 2022)</title>
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[Federal Register Volume 87, Number 29 (Friday, February 11, 2022)]
[Proposed Rules]
[Pages 7970-7978]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02718]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0062; FRL-9504-01-R4]
Air Plan Approval; NC; Great Smoky Mountains National Park,
Raleigh-Durham-Chapel Hill and Rocky Mount Areas Limited Maintenance
Plans 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 state implementation plan (SIP) revisions submitted by the
State of North Carolina, through the North Carolina Department of
Environment and Natural Resources, Division of Air Quality (NCDAQ), in
a letter dated September 22, 2020. The SIP revisions include the 1997
8-hour ozone national ambient air quality standards (NAAQS) Limited
Maintenance Plans (LMPs) for the Great Smoky Mountains National Park
(GSMNP), Raleigh-Durham-Chapel Hill (Triangle) and Rocky Mount, North
Carolina Areas (collectively, ``Areas''). EPA is proposing to approve
the LMPs for the Areas because each LMP provides for the maintenance of
the 1997 8-hour ozone NAAQS within each of the Areas through the end of
the second 10-year portion of the maintenance period. The effect of
this action would be to make certain commitments related to maintenance
of the 1997 8-hour ozone NAAQS in the Areas federally-enforceable as
part of the North Carolina SIP.
DATES: Written comments must be received at the address below on or
before March 14, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0062 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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
[[Page 7971]]
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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Dianna Myers, 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) 562-9207. Ms. Myers can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#aac7d3cfd8d984cec3cbc4c4cbeacfdacb84cdc5dc"><span class="__cf_email__" data-cfemail="3f52465a4d4c115b565e51515e7f5a4f5e11585049">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of EPA's Proposed Action
II. Background
III. North Carolina's SIP Submittals
IV. EPA's Evaluation of North Carolina's SIP Submittals
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 GSMNP, Triangle and Rocky Mount LMPs for the 1997 8-hour
ozone NAAQS, adopted and submitted by NCDAQ as revisions to the North
Carolina SIP on September 22, 2020. On April 15, 2004, EPA published a
final rule designating the GSMNP, Triangle and Rocky Mount Areas
nonattainment for the 1997 8-hour ozone NAAQS.\1\ Subsequently, EPA
approved maintenance plans and redesignated the Triangle, GSMNP, and
Rocky Mount Areas attainment for the 1997 8-hour ozone NAAQS.\2\
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\1\ See 69 FR 23857.
\2\ See 72 FR 72948 (December 26, 2007), 74 FR 63995 (December
7, 2009), and 71 FR 64891 (November 6, 2006).
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The Areas' LMPs for the 1997 8-hour ozone NAAQS, submitted by NCDAQ
on September 22, 2020, are designed to maintain the 1997 8-hour ozone
NAAQS within the GSMNP, Triangle and Rocky Mount Areas through the end
of the second 10-year portion of the maintenance period beyond
redesignation. EPA is proposing to approve the plans because they meet
all applicable requirements under CAA sections 110 and 175A.
As a general matter, the GSMNP, Triangle and Rocky Mount LMPs for
the 1997 8-hour ozone NAAQS rely on the same control measures and
contingency provisions to maintain the 1997 8-hour ozone NAAQS during
the second 10-year portion of each area's maintenance period as the
maintenance plans submitted by NCDAQ for the first 10-year period.
II. Background
Ground-level ozone is formed when oxides of nitrogen
(NO<INF>X</INF>) 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 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.\3\
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\3\ See ``Fact Sheet, Proposal to Revise the National Ambient
Air Quality Standards for Ozone,'' January 6, 2010, and 75 FR 2938
(January 19, 2010).
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In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), 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).\4\ 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 ozone NAAQS would be more
protective of human health, especially in children and adults who are
active outdoors, and individuals with a pre-existing respiratory
disease, such as asthma.
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\4\ 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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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 GSMNP,
Triangle and Rocky Mount Areas nonattainment for the 1997 8-hour ozone
NAAQS. The GSMNP nonattainment area included portions of Haywood and
Swain Counties. The Triangle nonattainment area included Durham,
Franklin, Granville, Johnston, Orange, Person and Wake Counties in
their entirety and the Townships of Baldwin, Center, New Hope and
Williams in Chatham County. The Rocky Mount nonattainment area included
Edgecombe and Nash Counties in their entirety. The designations became
effective on June 15, 2004.\5\ Similarly, on May 21, 2012, EPA
designated areas as unclassifiable/attainment or nonattainment for the
2008 8-hour ozone NAAQS. EPA designated the counties and townships that
comprised the Areas as unclassifiable/attainment for the 2008 8-hour
ozone NAAQS. These designations became effective on July 20, 2012.\6\
In addition, on November 16, 2017, areas were designated for the 2015
8-hour ozone NAAQS. The counties and townships that comprised the Areas
were designated as attainment/unclassifiable for the 2015 8-hour ozone
NAAQS, with an effective date on January 16, 2018.\7\
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\5\ See 69 FR 23858.
\6\ See 77 FR 30088.
\7\ See 82 FR 54232.
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A state may submit a request to redesignate a nonattainment area
that is attaining a NAAQS, and, if the area has met other required
criteria described in section 107(d)(3)(E) of the CAA, EPA may approve
the area's redesignation to attainment.\8\ One of the criteria for
[[Page 7972]]
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 10 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. At the end of the eighth year 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).
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\8\ 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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EPA has published long-standing guidance for states on developing
maintenance plans.\9\ The Calcagni memo provides that states may
generally demonstrate maintenance 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 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 could meet the
CAA section 175A requirement to provide for maintenance by showing that
the area was unlikely to violate the NAAQS in the future, using
information such as the area's design value \10\ being well below the
standard and the area having a historically stable design value.\11\
EPA refers to a maintenance plan containing this streamlined
demonstration as an LMP.
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\9\ See John Calcagni, Director, Air Quality Management
Division, EPA Office of Air Quality Planning and Standards,
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' September 4, 1992 (Calcagni memo).
\11\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air
Quality Planning and Standards (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
PM<INF>10</INF> 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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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 an LMP 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, states
seeking an LMP must still submit their section 175A maintenance plan as
a revision to their SIP, with all attendant notice and comment
procedures. While the LMP guidance memoranda were originally written
with respect to certain NAAQS,\12\ EPA has extended the LMP
interpretation of section 175A to other NAAQS and pollutants not
specifically covered by the previous guidance memos.\13\
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\12\ The prior memos addressed: Unclassifiable areas under the
1-hour ozone NAAQS, nonattainment areas for the PM<INF>10</INF>
(particulate matter with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment for the carbon monoxide (CO)
NAAQS.
\13\ See, e.g., 79 FR 41900 (July 18, 2014) (Approval of second
ten-year LMP for Grant County 1971 SO<INF>2</INF> maintenance area).
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In this case, EPA is proposing to approve the Areas' LMPs for the
1997 8-hour ozone NAAQS, because the State has made a showing,
consistent with EPA's prior LMP guidance, that the Areas' 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 has submitted the LMPs for the GSMNP, Triangle and
Rocky Mount 1997 8-hour ozone NAAQS maintenance areas to fulfill the
second maintenance plan requirement in the Act. EPA's evaluation of the
Areas' LMPs for the 1997 8-hour ozone NAAQS is presented below.
On July 24, 2009, NCDAQ submitted to EPA a request to redesignate
the GSMNP 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 GSMNP Area through 2020 as a revision to the North
Carolina SIP. EPA approved the GSMNP Maintenance Plan and the State's
request to redesignate the GSMNP Area to attainment for the 1997 8-hour
ozone NAAQS effective January 6, 2010.\14\ On June 7, 2007, NCDAQ
submitted to EPA a request to redesignate the Triangle 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
Triangle Area through 2017 as a revision to the North Carolina SIP. EPA
approved the Triangle Maintenance Plan and the State's request to
redesignate the Triangle Area to attainment for the 1997 8-hour ozone
NAAQS effective December 26, 2007.\15\ On June 19, 2006, NCDAQ
submitted to EPA a request to redesignate the Rocky Mount 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
Rocky Mount Area through 2017 as a revision to the North Carolina SIP.
EPA approved the Rocky Mount Maintenance Plan and the State's request
to redesignate the Rocky Mount Area to attainment for the 1997 8-hour
ozone NAAQS effective January 5, 2007.\16\
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\14\ See 74 FR 63995 (December 7, 2009).
\15\ See 72 FR 72948 (December 26, 2007).
\16\ See 71 FR 64891 (November 6, 2006).
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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 plans under CAA section
175A(b).\17\
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\17\ See 80 FR 12264, 12315 (March 6, 2015).
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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 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 maintenance
areas 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
September 22, 2020, North Carolina submitted a second maintenance plan
for the GSMNP,
[[Page 7973]]
Triangle and Rocky Mount Areas that show that the Areas are expected to
remain in attainment of the 1997 8-hour ozone NAAQS through the
following dates: GSMNP Area through January 6, 2030; Rocky Mount Area
through January 5, 2027; and Triangle Area through December 26, 2027.
In recognition of the continuing record of air quality monitoring
data showing ambient 8-hour ozone concentrations in the Areas are well
below the 1997 8-hour ozone NAAQS, NCDAQ chose the LMP option for the
development of the Areas' second 1997 8-hour ozone NAAQS maintenance
plans. On September 22, 2020, NCDAQ adopted and submitted the second
10-year 1997 8-hour ozone maintenance plans to EPA as revisions to the
North Carolina SIP.
III. North Carolina's SIP Submittals
As mentioned above, on September 22, 2020, NCDAQ submitted the
GSMNP, Triangle and Rocky Mount LMPs for the 1997 8-Hour ozone NAAQS to
EPA as revisions to the North Carolina SIP. The submittal includes the
LMPs, air quality data, emissions inventory information, and
appendices, as well as evidence of adoption of the plan by NCDAQ.
Appendices to the plan include comments and responses between EPA and
NCDAQ; documentation of notice, hearing, and public participation prior
to adoption of the plan by NCDAQ on September 22, 2020; and an
explanation that North Carolina's LMP submittals for the remainder of
the 20-year maintenance period for the 1997 8-hour ozone NAAQS in the
remaining GSMNP, Triangle and Rocky Mount 1997 8-hour ozone areas are
in response to the Court overturning aspects of EPA's Implementation
Plan rule. In addition, the LMPs went through interagency consultation.
The GSMNP, Triangle and Rocky Mount LMPs for the 1997 8-Hour ozone
NAAQS each include same or similar emission reduction strategies as
each Area's first 10-year Maintenance Plan, as well as additional
emissions reduction measures to provide for the maintenance of the 1997
8-hour ozone NAAQS through the following dates: GSMNP Area through
January 6, 2030; Rocky Mount Area through January 5, 2027; and Triangle
Area through December 26, 2027. Specifically, the measures upon which
the second 10-year LMPs for the Areas rely include the continuation of
the Clean Air Bill/Vehicle Emissions Inspection and Maintenance
Program,\18\ Clean Smokestacks Act, and the Open Burning Rule found in
Chapter 15A NCAC 02D.1903. Each Area's LMP also relies on continued
implementation of federal measures (e.g., Tier 2 Motor Vehicle Emission
and Fuel Standards; Heavy-duty Gasoline and Diesel Highway Vehicle
Standards; Large Nonroad Diesel Engine Standards; Nonroad Spark-
Ignition Engine and Recreational Engine Standards; Tier 3 Motor Vehicle
Emission and Fuel Standards; \19\ and the Tennessee Valley Authority
(TVA) Consent Decree).
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\18\ On September 25, 2018, EPA approved removal of 26 counties
from North Carolina's expanded Inspection and Maintenance program.
The removal affected the following counties subject to this action:
Haywood, Granville, Orange, Chatham, Edgecombe, and Nash. See 83 FR
48383. On September 11, 2019, EPA published a final rule approving
revisions to North Carolina's expanded Inspection and Maintenance
model year coverage for vehicles in 22 counties. The revision
affected the following counties subject to this action: Durham,
Johnston, Franklin and Wake. See 84 FR 47889.
\19\ See 79 FR 23414 (April 28, 2014).
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IV. EPA's Evaluation of North Carolina's SIP Submittals
EPA has reviewed the Areas' LMPs for the 1997 8-hour ozone NAAQS,
which is designed to maintain the 1997 8-hour ozone NAAQS within the
Areas 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 1745A requirements \20\ and EPA's
evaluation of how each requirement is met.
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\20\ See Calcagni memo.
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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
NO<INF>X</INF>, as these pollutants are precursors to ozone formation.
The GSMNP, Triangle and Rocky Mount LMPs include an ozone attainment
inventory for each of the Areas that reflect typical summer day
emissions for 2014. Table 1 presents a summary of the inventory for
2014 contained in the LMPs.
Table 1--Average Summer Day 2014 NOX and VOC Emissions by Sector (Tons/Day) in GSMNP, Triangle and Rocky Mount
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2014
Maintenance area Sector -------------------------------
NOX VOC
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GSMNP......................................... Fire............................ 0.000 0.000
Nonpoint........................ 0.000 0.039
Nonroad......................... 0.002 0.029
Onroad.......................... 0.184 0.245
Point........................... 0.000 0.000
-------------------------------
Total........................ 0.186 0.313
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[[Page 7974]]
Rocky Mount................................... Fire............................ 0.005 0.055
Nonpoint........................ 1.382 5.895
Nonroad......................... 1.453 0.946
Onroad.......................... 8.841 4.391
Point........................... 2.938 1.576
-------------------------------
Total........................ 14.619 12.863
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Triangle...................................... Fire............................ 0.014 0.146
Nonpoint........................ 6.103 51.294
Nonroad......................... 14.970 15.782
Onroad.......................... 64.856 32.603
Point........................... 40.457 7.383
-------------------------------
Total \21\................... 126.400 107.208
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The Emissions Inventory section of the LMPs for the GSMNP, Triangle
and Rocky Mount Areas describes the methods, models and assumptions
used to develop the attainment inventory. These estimates were derived
from emissions values provided by EPA for use in developing maintenance
plans for the 1997 8-hour ozone NAAQS.\22\ For the Rocky Mount Area,
NCDAQ used the emissions summaries generated by EPA from the 2014
Version 7.1 modeling platform.\23\ Because EPA's emissions estimates
are provided at the county level and the GSMNP and Triangle Areas
include one or more partial counties, NCDAQ developed methodologies to
estimate the proportion of county emissions occurring in these
maintenance areas. These methodologies utilize a combination of more
specific locational data as well as local expert judgment.\24\ The
emissions data in the 2014v7.1 platform are primarily based on the
2014NEIv1 for point sources, nonpoint sources, commercial marine
vessels (CMV), onroad and nonroad mobile sources, and fires. The GSMNP
and Triangle area estimates reflect some adjustments to EPA's estimates
as described on pages 11 through 16 of the submittal.
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\21\ The totals represented in the table may be slightly
different than the inventories in the LMPs based on rounding
convention.
\22\ U.S. EPA, ``1997 Ozone NAAQS Air Quality Monitoring and
Modeling Data'' downloaded from <a href="https://www.epa.gov/sites/production/files/2018-11/ozone_1997_naaqs_air_qual_monitoring_and_modeling_data_nov_19_2018_1.xlsx">https://www.epa.gov/sites/production/files/2018-11/ozone_1997_naaqs_air_qual_monitoring_and_modeling_data_nov_19_2018_1.xlsx</a>, accessed April 2020.
\23\ U.S. EPA, ``Air Emissions Modeling, 2014 Version 7.1
Platform,'' is available from <a href="https://www.epa.gov/air-emissions-modeling/2014-version-71-platform">https://www.epa.gov/air-emissions-modeling/2014-version-71-platform</a>, accessed April 2020 (note that
the version 7 platform, which included 2028 projections is not
available on EPA's website).
\24\ NCDAQ also coordinated with the National Park Service for
the GSMNP area.
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Based on our review of the methods, models, and assumptions used by
DAQ to develop the VOC and NO<INF>X</INF> estimates, we propose to find
that the Areas' LMPs include a comprehensive, reasonably accurate
inventory of actual ozone precursor emissions in attainment year 2014,
and propose to conclude that the plans' inventories are acceptable for
the purposes of a subsequent maintenance plan under CAA section
175A(b).
B. Maintenance Demonstration
The maintenance demonstration requirement is considered to be
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.\25\ These criteria
are evaluated below with regard to the GSMNP, Triangle and Rocky Mount
Areas.
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\25\ See Calcagni Memo.
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1. Evaluation of Ozone Air Quality Levels
To attain the 1997 8-hour ozone NAAQS, the three-year average of
the fourth-highest daily maximum 8-hour average ozone concentrations
(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 (84 parts per
billion or ``ppb'') \26\ or below. EPA has evaluated the quality
assured and certified 2017-2019 monitoring data (which was the most
recent data at the time of submission) and determined that the 2017-
2019 design values for the Areas are as follows: 63 ppb, or 75 percent
of the level of the 1997 8-hour ozone NAAQS for the GSMNP Area; 64 ppb,
or 74 percent of the level of the NAAQS for the Triangle Area; and 61
ppb, or 73 percent of the level of the NAAQS for the Rocky Mount Area.
In addition, EPA evaluated the quality assured and certified 2018-2020
monitoring data (which is the current most recent monitoring data) and
determined that the 2018-2020 design values for the Areas are as
follows: 62 ppb, or 74 percent of the level of the 1997 8-hour ozone
NAAQS for the GSMNP Area; 60 ppb, or 71 percent of the level of the
NAAQS for the Triangle Area; and 58 ppb, or 69 percent of the level of
the NAAQS for the Rocky Mount Area. 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 71 ppb), 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.
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\26\ EPA set the 1997 8-hour ozone NAAQS in ppm. To convert ppm
to ppb the decimal is moved three places to the right (i.e., 0.084
ppm is equal to 84 ppb). NCDAQ provided the values in ppb for easy
reference.
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[[Page 7975]]
Table 2 presents the design values for each monitor in the GSMNP,
Triangle and Rocky Mount Areas over the 2011-2020 period.\27\ As shown
in Table 2, all sites have been well below the level of the 1997 8-hour
ozone NAAQS since the 2009-2011 design value, and the most current
design value for each of the Areas is below 85 percent of the NAAQS,
consistent with prior LMP guidance.
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\27\ NCDAQ provided monitoring data for years 2001 through 2019
and projected 2023 design values for each monitor as supporting
weight of evidence. The values can be found on Page 8 of the
submittal. The monitoring data shows the general downward trend in
design values at the monitoring sites. The data also shows the
highest design value projected in 2023 is 53.8 ppb, 57.5 ppb and
51.3 ppb for GSMNP, Triangle and Rocky Mount, respectively.
Table 2--1997 8-Hour Ozone NAAQS Design Values (ppb) at Monitoring Sites in the GSMNP, Triangle and Rocky Mount Areas for the 2011-2020 Time Period
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1997 Ozone NAAQS 2009-2011 2010-2012 2011-2013 2012-2014 2013-2015 2014-2016 2015-2017 2016-2018 2017-2019 2018-2020
Location County area AQS Site ID DV DV DV DV DV DV DV DV DV DV
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SW Corner of Roof Haywood Co Haywood.......... GSMNP............ 37-087-0004 (\a\) (\a\) (\a\) (\a\) (\a\) (\a\) (\a\) (\a\) (\a\) (\a\)
Health Department Building.
Waynesville School............ Haywood.......... GSMNP............ 37-087-0008 \a\ 65 \a\ 65 61 60 60 62 61 61 59 58
Frying Pan Mountain........... Haywood.......... GSMNP............ 37-087-0035 (* \b\) (* \b\) (* \b\) 67 65 66 64 63 62 61
Purchase Knob................. Haywood.......... GSMNP............ 37-087-0036 67 68 65 65 64 65 64 64 63 62
Bryson City................... Swain............ GSMNP............ 37-173-0002 62 62 58 57 57 60 60 60 58 56
Acquoni Rd.................... Swain............ GSMNP............ 37-173-0007 (*) (*) (*) 58 59 61 58 58 (* \c\) 58
Pittsboro..................... Chatham.......... Triangle......... 37-037-0004 66 65 61 59 58 (*) (*) (*) (*) (*)
Duke Street \d\............... Durham........... Triangle......... 37-063-0013 (*) (*) (*) (*) (*) (*) (*) (*) (*) (*)
Durham \d\ Armory............. Durham........... Triangle......... 37-063-0015 70 72 68 66 61 62 61 62 61 59
Franklinton................... Franklin......... Triangle......... 37-069-0001 69 71 68 64 61 (*) (*) (*) (*) (*)
Butner........................ Granville........ Triangle......... 37-077-0001 72 72 69 66 63 64 64 65 64 60
West Johnston Co.............. Johnston......... Triangle......... 37-101-0002 71 74 70 67 63 65 63 63 61 59
Bushy Fork.................... Person........... Triangle......... 37-145-0003 70 74 69 66 61 63 61 62 62 59
Millbrook School.............. Wake............. Triangle......... 37-183-0014 71 72 68 65 63 65 66 66 64 60
Fuquay-Varina................. Wake............. Triangle......... 37-183-0016 73 75 71 65 62 (*) (*) (*) (*) (*)
Leggett....................... Edgecombe........ Rocky Mount...... 37-065-0099 70 71 69 65 62 (* \b\) 62 62 61 58
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The monitor at the Haywood County Health Department building was discontinued in 2011 due to remodeling. The monitor was moved across the street to an elementary school (the Waynesville
School monitor). EPA approved combining the data from the two sites to provide design values for 2009-2011 and 2010-2012.
\b\ This design value did not meet the three-year completeness requirement of 90%.
\c\ This design value did not meet the three-year completeness requirement of 90% due to instrument malfunctions with various components of the analytic system during much of July and August
2017.
\d\ The DAQ decided to consolidate the Duke Street ozone monitor and Durham Health PM monitors at one site, located across the street from the Duke Street location. EPA approved combining the
data from the two sites to provide design values for 2005-2007 and 2006-2008.
* These monitors were either discontinued or had incomplete data.
Therefore, the GSMNP, Triangle and Rocky Mount Areas are 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 NO<INF>X</INF> emissions control
programs, adequately provide for the maintenance of the 1997 8-hour
ozone NAAQS in the Areas through the second 10-year maintenance period
and beyond.
2. Stability of Ozone Levels
As discussed above, the GSMNP, Triangle and Rocky Mount Areas have
maintained air quality well below the 1997 8-hour ozone NAAQS over the
past ten years. Additionally, the design value data shown within Table
2 illustrates that ozone levels have been relatively stable over this
timeframe, with a modest downward trend. For example, the data within
Table 2 indicates that the largest, year over year change in design
value in these ten years was 4 ppb for the GSMNP Area, which occurred
between the 2012 design value and 2013 design value at monitor 37-087-
0008 (Waynesville School) and at monitor 37-173-0002 (Bryson City),
representing approximately a 6 percent decrease; 6 ppb for the Triangle
Area, which occurred between the 2013 design value and 2014 design
value at monitor 37-183-0016 (Fuquay-Varina), representing
approximately an 8 percent decrease; and 4 ppb for the Rocky Mount
Area, which occurred between the 2013 design value and 2014 design
value at monitor 37-065-0099 (Leggett), representing approximately a 6
percent decrease.
Furthermore, overall trends in design values for the Areas between
2011-2020 indicates decreases in the monitored ozone concentrations.
See, e.g., Table 2, above. The overall downward trend in design values
for the GSMNP Area for monitor 37-087-0036 (Purchase Knob) was from 67
ppb to 62 ppb, a 7 percent decrease; the overall downward trend in the
Triangle Area for monitor 37-077-0001 (Butner) was from 72 ppb to 60
ppb, a 17 percent decrease; and the overall downward trend for the only
Rocky Mount monitor 37-065-0099 (Leggett) was from 70 ppb to 58 ppb, a
17 percent decrease.
The 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 GSMNP, Triangle and Rocky Mount Areas
will not exceed the 1997 8-hour ozone NAAQS during the second 10-year
maintenance period.
3. Projected Emissions
Although under the LMP option there is no requirement to project
emissions over the maintenance period, NCDAQ included an analysis of
ozone precursor emissions trends expected over the course of the second
maintenance period. NCDAQ provided a VOC and NO<INF>X</INF> emissions
trends analysis from 2014 to 2028. The year 2014 was selected as a
baseline for the projection because that is the most recent year for
which a complete set of data is available from the EPA's National
Emissions Inventory (NEI) database.\28\ Projected
[[Page 7976]]
emissions data for the year 2028 were obtained from EPA.\29\
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\28\ The 2017 NEI is currently available, however the 2014 NEI
was the most recent NEI available at the time the second maintenance
plan was developed by the State, and therefore, the 2014 NEI was
used.
\29\ <a href="https://www.epa.gov/air-emissions-modeling/2014-2016-version-7-air-emissions-modeling-platforms">https://www.epa.gov/air-emissions-modeling/2014-2016-version-7-air-emissions-modeling-platforms</a>. EPA's emissions
projections to 2028 were made from the 2011 NEI, as that iteration
of the NEI was the most recently available version when the
projection work was performed. Although this projection does not
correspond exactly with the end of the second ten-year maintenance
period, it provides additional support for EPA's proposed finding
that the Area will maintain the NAAQS due to its low and
historically stable design values. See the Emissions Inventory
section of the LMP for additional information regarding the 2028
projections.
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The emissions projection trends show that between 2014 and 2028,
VOC emissions are estimated to fall by 67 percent within the GSMNP
Area; 28 percent in the Triangle Area; and 27 percent in the Rocky
Mount Area. The emissions projection trends show that between 2014 and
2028, NO<INF>X</INF> emissions are estimated to fall by 80 percent in
the GSMNP Area; 52 percent in the Triangle Area; and 68 percent in the
Rocky Mount Area. These projected declining emissions trends further
support the proposed conclusion that it is unlikely that the Areas
would violate the 1997 8-hour ozone NAAQS in the future. Table 3
presents a summary of projected emissions for 2028 contained in the
maintenance plan.\30\
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\30\ The inventory documentation for this platform can be found
here: <a href="https://www.epa.gov/air-emissionsmodeling/2011-version-63-platform">https://www.epa.gov/air-emissionsmodeling/2011-version-63-platform</a>.
Table 3--Average Summer Day Projected 2028 NOX and VOC Emissions by Sector
[Tons/year]
----------------------------------------------------------------------------------------------------------------
2028
Maintenance area Sector -------------------------------
NOX VOC
----------------------------------------------------------------------------------------------------------------
GSMNP......................................... Fire \31\....................... 0.000 0.000
Nonpoint........................ 0.000 0.032
Nonroad......................... 0.001 0.017
Onroad.......................... 0.036 0.055
Point........................... 0.000 0.000
-------------------------------
Total........................ 0.037 0.104
----------------------------------------------------------------------------------------------------------------
Rocky Mount................................... Fire............................ 0.005 0.055
Nonpoint........................ 1.133 6.667
Nonroad......................... 0.807 0.903
Onroad.......................... 1.804 0.983
Point........................... 0.892 0.774
-------------------------------
Total........................ 4.641 9.382
----------------------------------------------------------------------------------------------------------------
Triangle...................................... Fire............................ 0.012 0.128
Nonpoint........................ 5.867 45.769
Nonroad......................... 9.167 14.533
Onroad.......................... 15.113 10.646
Point........................... 30.654 5.631
-------------------------------
Total \32\................... 60.813 76.707
----------------------------------------------------------------------------------------------------------------
In addition to the long history of monitored ozone concentrations
in these Areas that are well-below the NAAQS, additional supporting
information that the Areas are expected to continue to maintain the
NAAQS can be found in an analysis of future year design values that EPA
recently completed for the Revised Cross-State Air Pollution Rule
(CSAPR) Update for the 2008 Ozone NAAQS.\33\ The modeled-projected
analysis for monitors in the GSMNP, Triangle and Rocky Mount Areas,
made for the year 2023, resulted in fewer than five days with modeled
ozone concentrations greater than or equal to 60 ppb, indicating that
future-year design values are expected to remain well below the NAAQS.
EPA is not proposing to make any finding in this action regarding
interstate transport obligations for any state.
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\31\ The DAQ replaced the 2028 fire sector emissions, which
reflected estimates carried forward from the 2011 NEI, with values
carried forward from the 2014 NEI.
\32\ The totals represented in the table may be slightly
different based on rounding convention.
\33\ On April 30, 2021, EPA published the final Revised CSAPR
Update 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. <a href="https://www.govinfo.gov/content/pkg/FR-2021-04-30/pdf/2021-05705.pdf">https://www.govinfo.gov/content/pkg/FR-2021-04-30/pdf/2021-05705.pdf</a>.
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C. Monitoring Network and Verification of Continued Attainment
EPA periodically reviews the ozone monitoring network that NCDAQ
operates and maintains in accordance with 40 CFR part 58. This network
plan, which is submitted annually to EPA, is consistent with the
ambient air quality monitoring network assessment. The annual network
plan developed by NCDAQ follows a public notification and review
process. EPA has reviewed and approved the 2020 Ambient Air Monitoring
Network Plan (``2020 Annual Network Plan'').\34\
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\34\ The letter approving the network plan is in the docket for
this proposed rulemaking.
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To verify the attainment status of the Areas 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, NCDAQ's monitoring
network in the Areas have been approved by EPA in accordance with 40
CFR part 58, and the State has committed to continue to maintain a
network in accordance with EPA requirements. EPA proposes to find that
NCDAQ's monitoring network is adequate to verify continued attainment
of the 1997 8-hour ozone NAAQS in each of the Areas.
D. Contingency Plan
Section 175A(d) of the CAA requires that a maintenance plan include
contingency provisions. The purpose of such contingency provisions is
to prevent future violations of the NAAQS
[[Page 7977]]
or to promptly remedy any NAAQS violations that might occur during the
maintenance period. These contingency measures are required to be
implemented expeditiously once they are triggered by a future violation
of the NAAQS or some other trigger. The state should identify specific
triggers which will be used to determine when the contingency measures
need to be implemented.
The LMPs state that the two main elements of the North Carolina
contingency plans are tracking and triggering mechanisms to determine
when control measures are needed, and a process for developing and
adopting appropriate control measures. There are three potential
triggers for the contingency plans. The primary trigger of each plan
will be a violation of the 1997 8-hour ozone NAAQS at any of the
maintenance area monitors. The secondary trigger will be a monitored
air quality pattern that suggests an actual 1997 8-hour ozone NAAQS
violation may be imminent. The tertiary trigger will be a monitored
fourth highest exceedance of the NAAQS. Upon either the primary or
secondary triggers being activated, NCDAQ will commence analyses to
determine what additional measures, if any, will be necessary to attain
or maintain the ozone standard. If activation of either the primary or
secondary triggers occurs, each plan provides a regulatory adoption
process for revising emission control strategies. Activation of the
tertiary trigger will result in an analysis to understand the cause of
the exceedance and to identify voluntary measures if needed. The
primary trigger date will be 60 days from the date on which an ozone
monitor in a maintenance area records a 4th highest value that, when
averaged with the two previous ozone seasons' fourth highest values,
results in a 3-year average equal to or greater than 85 ppb. The
secondary trigger date will be 60 days from the date on which an ozone
monitor in a maintenance area records a 4th highest value of 85 ppb or
greater for which the previous season had a 4th highest value of 85 ppb
or greater. The tertiary trigger date will be 60 days from the date on
which an ozone monitor in a maintenance area records a 4th highest
value of 85 ppb or greater.\35\
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\35\ See the Contingency Plan Section of each LMP for further
information regarding the contingency plan, including measures that
North Carolina will consider for adoption if any of the triggers are
activated.
---------------------------------------------------------------------------
The DAQ commits to begin implementing as expeditiously as
practicable, but no later than 24 months of the primary or secondary
trigger, at least one control measure that is determined to be most
appropriate for reducing NO<INF>X</INF> emissions to attain and
maintain the standard based on the analyses performed.
EPA proposes to find that the contingency provisions in North
Carolina's second maintenance plans for the 1997 8-hour Ozone NAAQS
meet the requirements of the CAA section 175A(d).
E. Conclusion
EPA proposes to find that the GSMNP, Triangle and Rocky Mount LMPs
for the 1997 8-hour ozone NAAQS include an approvable update of the
various elements (including attainment inventory, assurance of adequate
monitoring and verification of continued attainment, and contingency
provisions) of the initial EPA-approved Maintenance Plans for the 1997
8-hour ozone NAAQS. EPA also proposes to find that the GSMNP, Triangle
and Rocky Mount Areas, qualify for the LMP option, and adequately
demonstrate 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 GSMNP, Triangle and Rocky Mount LMPs for the 1997 8-hour
ozone NAAQS, which retain all existing control measures, are sufficient
to provide for maintenance of the 1997 8-hour ozone NAAQS in each of
the Areas over the second maintenance period (i.e., through January 6,
2030 for the GSMNP Area, through January 5, 2027 for the Rocky Mount
Area, and through December 26, 2027 for the Triangle Area) and thereby
satisfy the requirements for such plans under CAA section 175A(b). EPA
is therefore proposing to approve North Carolina's September 22, 2020,
submission of each Area's LMP for the 1997 8-hour ozone NAAQS 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
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
vehicles 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). EPA made
findings that the MVEBs in the first 10-years of the 1997 8-hour zone
maintenance plan for the GSMNP, Triangle and Rocky Mount Areas were
adequate for transportation conformity purposes. In a Federal Register
notice published on December 7, 2009, EPA notified the public of the
adequacy finding for the GSMNP Area through final rulemaking; the
adequacy determination for GSMNP Area became effective on January 6,
2010. See 74 FR 63995. In a Federal Register notice published on
December 26, 2007, EPA notified the public of the adequacy finding for
the Triangle Area through final rulemaking; the adequacy determination
for the Triangle Area became effective on December 26, 2007. See 72 FR
72948. In a Federal Register notice published on November 6, 2006, EPA
notified the public of the adequacy finding for the Rocky Mount Area
through direct final rulemaking; the adequacy determination for the
Rocky Mount Area became effective on January 5, 2007. See 71 FR
64891.\36\
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\36\ NCDAQ submitted a SIP revision to update the MVEBs for the
Rocky Mount Area on February 7, 2011. EPA approved the updated MVEBs
on September 27, 2012. See 77 FR 59335. The approval was made
through direct final rulemaking and became effective on November 26,
2012.
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After approval of or an adequacy finding for each of these LMPs,
there is no requirement to meet the budget test pursuant to the
transportation conformity rule for the respective maintenance area. All
actions that would require a transportation conformity determination
for the GSMNP, Triangle and Rocky Mount Areas 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
[[Page 7978]]
a result of EPA's adequacy finding for these LMPs. 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), 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).\37\ 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.
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\37\ 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, PM<INF>10</INF>, and fine particulate matter (PM<INF>2.5</INF>)
areas.
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VI. Proposed Actions
Under sections 110(k) and 175A of the CAA and for the reasons set
forth above, EPA is proposing to approve the GSMNP, Triangle and Rocky
Mount LMPs for the 1997 8-hour ozone NAAQS, submitted by NCDAQ on
September 22, 2020, as revisions to the North Carolina SIP. EPA is
proposing to approve the LMPs because each LMP includes an acceptable
update of the various elements of the 1997 8-hour ozone NAAQS
Maintenance Plans approved by EPA for the first 10-year period
(including emissions inventory, assurance of adequate monitoring and
verification of continued attainment, and contingency provisions), and
retains the relevant portions of the SIP.
EPA also finds that the GSMNP, Triangle and Rocky Mount Areas,
former nonattainment areas for the 1997 8-hour ozone NAAQS, qualify for
the LMP option, and therefore, the Areas' LMPs adequately demonstrate
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 each
of the Areas' 1997 8-Hour Ozone LMPs to be sufficient to provide for
maintenance of the 1997 8-hour ozone NAAQS over the second 10-year
maintenance periods (which extends through January 6, 2030 for the
GSMNP Area, through January 5, 2027 for the Rocky Mount Area; and
through December 26, 2027 for the Triangle Area), and thereby satisfy
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. These actions merely
propose to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, these proposed actions:
<bullet> Are not significant regulatory actions 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);
<bullet> Do not impose information collection burdens under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Are certified as not having significant economic impacts
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Do not contain any unfunded mandates or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Are 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
<bullet> Do 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).
These SIP revisions are not proposed 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: February 3, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-02718 Filed 2-10-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 11, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.