Rule2022-09703
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
May 9, 2022
Effective
June 8, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action 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 finalizing approval of 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. This action makes 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 89 (Monday, May 9, 2022)</title>
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[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27521-27524]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09703]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0062; FRL-9504-02-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action 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 finalizing
approval of 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. This action makes 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: This rule is effective June 8, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0062. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information 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 through <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation
[[Page 27522]]
Branch, Air and Radiation 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 a.m. to 4:30 p.m., excluding Federal holidays.
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#761b0f13040558121f171818173613061758111900"><span class="__cf_email__" data-cfemail="92ffebf7e0e1bcf6fbf3fcfcf3d2f7e2f3bcf5fde4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Clean Air Act (CAA or Act), EPA is approving
the Areas' 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\ 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. Subsequently, EPA
approved the maintenance plans for the GSMNP, Triangle and Rocky Mount
Areas and redesignated the Areas to attainment for the 1997 8-hour
ozone NAAQS.\2\
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\1\ See 69 FR 23857.
\2\ See 74 FR 63995 (December 7, 2009), 72 FR 72948 (December
26, 2007), 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. As a general matter, the Areas' LMPs rely on the same
control measures and relevant contingency provisions to maintain the
1997 8-hour ozone NAAQS during the second 10-year portion of the
maintenance period as the maintenance plan submitted by NCDAQ for the
first 10-year period.
In a notice of proposed rulemaking (NPRM), published on February
11, 2022 (87 FR 7970), EPA proposed to approve the Areas' LMPs because
the State made a showing, consistent with EPA's prior LMP guidance,
that the GSMNP, Triangle and Rocky Mount 1997 8-hour NAAQS Areas' ozone
concentrations are well below the 1997 8-hour ozone NAAQS and have been
historically stable and that it met the other maintenance plan
requirements. The details of North Carolina's submission and the
rationale for EPA's action are explained further in the February 11,
2022, NPRM. Comments on the February 11, 2022, NPRM were due on or
before March 14, 2022.
II. Response to Comments
One Commenter provided two separate comments on the February 11,
2022, NPRM. EPA's responses to those comments are provided below.
Comment 1: The Commenter indicates that North Carolina's SIP
submissions and EPA's proposed approval are reliant on emissions from
North Carolina's vehicle inspection and maintenance (I/M) program.
Specifically, the Commenter expresses concerns about the effectiveness
of the I/M program, citing expired tags, which the Commenter asserts
indicate lapsed inspections and taxes to support highway safety
measures.
Response 1: Neither of the maintenance plans for GSMNP and Rocky
Mount are reliant on emission reductions from North Carolina's I/M
program, so the comment is not applicable to this action as it relates
to those areas. No county in the GSMNP and Rocky Mount Areas is subject
to the North Carolina I/M program, and in a previous action, EPA
approved a SIP revision which removed the applicable counties in the
GSMNP and Rocky Mount Areas from North Carolina's I/M program on the
basis that the emissions reductions from the program in these counties
were not necessary to attain or maintain the NAAQS or meet any other
applicable requirement of the CAA.\3\ See 83 FR 48383 (September 25,
2018).
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\3\ Swain County in the GSMNP area was never subject to North
Carolina's I/M program.
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With regards to the Triangle Area, the maintenance plan is
partially reliant on emission reductions from North Carolina's I/M
program. As mentioned above, the Triangle Area includes 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. Person County was never subject to North
Carolina's I/M program, and thus, no emissions reductions from Person
County related to North Carolina's I/M program were ever relied on in
North Carolina's maintenance plan for the Triangle. Additionally, in
the aforementioned September 25, 2018 action, EPA approved a SIP
revision removing Chatham, Granville and Orange Counties in the
Triangle Area from North Carolina's I/M program, finding that emission
reductions from North Carolina's I/M programs were not needed from
Chatham (which includes the Townships of Baldwin, Center, New Hope, and
Williams), Granville and Orange Counties in the Triangle Area for that
Area to stay in attainment and show continued maintenance for the
NAAQS. See 83 FR 48383. Durham, Franklin, Johnston and Wake Counties
are still subject to North Carolina's I/M program, and in a recent
action, EPA approved a SIP revision from North Carolina to change the
model year coverage for vehicles subject to North Carolina's I/M
program. See 84 FR 47889 (September 11, 2019). In that action, EPA
affirmed that the change to the model year coverage for vehicles in the
applicable counites in the Triangle Area would not interfere with NAAQS
compliance.
While EPA appreciates the Commenter's concerns related to possible
expired tags, this is an enforcement and compliance issue, and expired
tags alone are not indicative of the Triangle Area not being in overall
compliance with the NAAQS. Ambient air monitoring is the tool that EPA
uses to determine ongoing compliance with the NAAQS in this Area.
Currently, the Triangle Area is in compliance for all NAAQS, and has
been in compliance with all NAAQS for the past several years. EPA also
notes that EPA's SIP authority does not extend to requiring taxes to
support highway safety measures, so this concern is not relevant to
EPA's action.
Comment 2: The Commenter appears to indicate that monitors in Wake
County are not sited correctly to measure ambient air quality in the
County, and therefore, do not provide adequate data to support EPA's
action. Specifically, the Commenter questions the placement of the
monitors, the sufficiency of the data that is collected, and the
methods used to collect the data. In support of these assertions, the
Commenter compares the Town of Fuquay Varina, metropolitan downtown
Raleigh, and Durham (``the State Capital''). The Commenter also asserts
that projects may have been
[[Page 27523]]
``intentionally steered clear'' of monitors ``to provide an unrealistic
picture of Wake County air degradation.''
Response 2: EPA disagrees with the Commenter's assertion that the
monitors in Wake County are not sited appropriately to collect
sufficient data to determine compliance with the NAAQS and support
EPA's action. By regulation, states are required annually to submit
monitoring network plans to provide their strategies for measuring
ambient air quality statewide. EPA reviews these air monitoring network
plans and makes determinations as to whether the plans are consistent
with EPA's monitoring requirements at 40 CFR part 58. EPA last approved
North Carolina's monitoring network plan on October 27, 2021, and made
the determination (among other determinations) that North Carolina's
monitoring network is adequate to measure ambient air quality for ozone
statewide, including in Wake County.\4\ As discussed in the NPRM, the
LMPs for the Areas contain the State's commitment to continue to
maintain a monitoring network in accordance with EPA requirements.
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\4\ EPA's approval letter for North Carolina's monitoring
network is included in the docket for this final rulemaking.
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Further, EPA is not clear on the Commenter's assertion that
projects may have been ``intentionally steered clear'' of monitors ``to
provide an unrealistic picture of Wake County air degradation,'' and
how this relates to air quality in the County. Notably, ozone is not
directly emitted but instead is formed in the atmosphere under certain
conditions with a mix of precursors, so it would not be possible for
projects to be ``intentionally steered clear'' of ozone monitors to
hypothetically manipulate air quality in the Area. In addition, the
Commenter does not provide any technical information to support the
assertions that ambient air quality monitoring in Wake County is not
adequate.
III. Final Action
EPA is taking final action 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
approving the Areas' LMPs because each LMP includes an sufficient
update of 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 provisions of the SIP under sections 110(k) and 175A of the
CAA.
EPA also finds that the Areas qualify for the LMP option and that
the Areas' LMPs are sufficient to provide for maintenance of the 1997
8-hour ozone NAAQS in the Areas over the second 10-year 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).
IV. 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
approve state law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by state law. For that
reason, these 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 approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing these actions and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. These actions are not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of these actions must be filed in the United States Court of Appeals
for the appropriate circuit by July 8, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. These actions may not be challenged later in proceedings to
enforce their requirements. See section 307(b)(2).
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.
[[Page 27524]]
Dated: April 29, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In Sec. 52.1770(e), amend the table by adding an entry for ``1997
8-hour Ozone NAAQS 2nd Maintenance Plans (Limited Maintenance Plans)
for the Great Smoky Mountains National Park, Raleigh-Durham-Chapel
Hill, and Rocky Mount, North Carolina Areas'' at the end of the table
to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
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State EPA approval Federal Register
Provision effective date date citation Explanation
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* * * * * *
1997 8-hour Ozone NAAQS 2nd 9/22/2020 5/9/2022 [Insert citation of ........................
Maintenance Plans (Limited publication].
Maintenance Plans) for the Great
Smoky Mountains National Park,
Raleigh-Durham-Chapel Hill, and
Rocky Mount, North Carolina
Areas.
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[FR Doc. 2022-09703 Filed 5-6-22; 8:45 am]
BILLING CODE 6560-50-P
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