[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 [www.gpo.gov]
[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 https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary

[[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 https://www2.epa.gov/dockets/commenting-epa-dockets.

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 
[email protected].

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 
(NOX) and volatile organic compounds (VOC) react in the 
presence of sunlight. These two pollutants, referred to as ozone 
precursors, are emitted by many types of pollution sources, including 
on- and off-road motor vehicles and engines, power plants and 
industrial facilities, and smaller area sources such as lawn and garden 
equipment and paints. Scientific evidence indicates that adverse public 
health effects occur following exposure to ozone, particularly in 
children and 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 
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS, 
dated August 9, 2001. Copies of these guidance memoranda can be 
found in the docket for this proposed rulemaking.
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    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 PM10 
(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 SO2 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 
NOX, 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 https://www.epa.gov/sites/production/files/2018-11/ozone_1997_naaqs_air_qual_monitoring_and_modeling_data_nov_19_2018_1.xlsx, accessed April 2020.
    \23\ U.S. EPA, ``Air Emissions Modeling, 2014 Version 7.1 
Platform,'' is available from https://www.epa.gov/air-emissions-modeling/2014-version-71-platform, 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 NOX 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
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                                                    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
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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 NOX 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 NOX 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\ https://www.epa.gov/air-emissions-modeling/2014-2016-version-7-air-emissions-modeling-platforms. 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, NOX 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: https://www.epa.gov/air-emissionsmodeling/2011-version-63-platform.

                   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.
---------------------------------------------------------------------------

    \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. https://www.govinfo.gov/content/pkg/FR-2021-04-30/pdf/2021-05705.pdf.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \34\ The letter approving the network plan is in the docket for 
this proposed rulemaking.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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 NOX 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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, PM10, and fine particulate matter (PM2.5) 
areas.
---------------------------------------------------------------------------

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:
     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);
     Do not impose information collection burdens under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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
     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


