[Federal Register Volume 67, Number 27 (Friday, February 8, 2002)]
[Rules and Regulations]
[Pages 5953-5955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3188]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WV059-6018; FRL-7141-1]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Revisions to the Ozone Maintenance Plan for the 
Huntington-Ashland Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of West Virginia. This revision amends West 
Virginia's ten-year plan to maintain the national ambient air quality 
standard (NAAQS) for ozone in the Huntington-Ashland area (the 
maintenance plan). The intended effect of this action is to approve 
amendments to the maintenance plan that implement contingency measures 
in response to recorded violations of the 1-hour ozone NAAQS, and that 
revise the motor vehicle emission sub-regional budgets for the West 
Virginia counties (Cabell and Wayne) that are located in the 
Huntington-Ashland area. This action is being taken under the Clean Air 
Act (the Act).

EFFECTIVE DATE: This final rule is effective on March 11, 2002.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460; and the West Virginia 
Department of Environmental Protection, Division of Air Quality, 7012 
MacCorkle Avenue, S.E., Charleston, West Virginia 25304-2943.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or 
via e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 27, 2001 (66 FR 59205), EPA published a notice of 
proposed rulemaking (NPR) for the State of West Virginia. The NPR 
proposed approval of a State Implementation Plan (SIP) revision 
submitted by the State of West Virginia. This revision amends West 
Virginia's 1-hour ozone maintenance plan for the Huntington-Ashland 
area. These maintenance plan amendments implement contingency measures 
in response to recent recorded violations of the 1-hour ozone NAAQS, 
and revise the motor vehicle emission sub-regional budgets for the West 
Virginia counties (Cabell and Wayne) that are located in the 
Huntington-Ashland area. The State of West Virginia submitted the 
formal SIP revision on November 29, 2001 with a supplement on December 
18, 2001.
    This revision was proposed under a procedure called parallel 
processing, whereby EPA proposes rulemaking action concurrently with 
the state's procedures for amending its SIP. On September 25, 2001, the 
West Virginia Department of Environmental Protection (WVDEP) submitted 
a request that EPA parallel process revisions to the West Virginia 
SIP's 1-hour ozone maintenance plan for the Huntington-Ashland area. 
Under parallel processing, if the state's final submission is not 
substantially changed, EPA can publish a final rulemaking notice 
without publishing another notice of proposed rulemaking. On November 
29, 2001 with a supplement on December 18, 2001, West Virginia 
submitted the adopted amendments to the maintenance plan which 
contained no substantive changes from that on which EPA proposed 
approval in the November 27, 2001 notice of proposed rulemaking.

[[Page 5954]]

    Other specific requirements of the amendments to West Virginia's 
maintenance plan for the Huntington-Ashland area and the rationale for 
EPA's proposed action are explained in the NPR and will not be restated 
here. No public comments were received on the NPR.

II. Final Action

    EPA is approving amendments to West Virginia's maintenance plan for 
the Huntington-Ashland area that implement contingency measures and 
that revise the motor vehicle emission sub-budgets for the West 
Virginia counties (Cabell and Wayne) in this area as a revision to the 
West Virginia SIP.

III. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    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 this rule 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 9, 2002. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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. This action to approve revisions to West Virginia's 1-
hour ozone maintenance plan for the Huntington-Ashland area may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements.

    Dated: February 1, 2002.
Donald S. Welsh,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

    2. Section 52.25420 is amended by adding paragraphs (c)(45) to read 
as follows:


Sec. 52.2520  Identification of plan.

* * * * *
    (c) * * *
    (45) Revisions to the West Virginia Regulations amending the ten-
year maintenance plan for Huntington, West Virginia (Cabell and Wayne 
Counties) submitted on November 29, 2001 and December 18, 2001 by the 
West Virginia Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of November 29, 2001 from the West Virginia Department 
of Environmental Protection transmitting amendments to the ten-year 
maintenance plan for Huntington, West Virginia (Cabell and Wayne 
Counties).
    (B) Letter of December 18, 2001 from the West Virginia Department 
of Environmental Protection transmitting amendments to the ten-year 
maintenance plan for Huntington, West Virginia (Cabell and Wayne 
Counties).
    (C) Amendments to the Huntington, West Virginia (Cabell and Wayne 
Counties) ozone maintenance plan submitted by the West Virginia 
Department of Environmental Protection effective November 16, 2001. 
This plan establishes motor vehicle emissions budgets for VOCs of 11.20 
tons/day for 2002, and 11.00 tons/day for 2005. This plan also 
establishes motor vehicle emissions budgets for NOX of 11.56

[[Page 5955]]

tons/day for 2002, and 11.43 tons/day for 2005.
    (ii) Additional Material.--Remainder of the November 29, 2001 and 
December 18, 2001 submittals pertaining to the revisions to the West 
Virginia Regulations amending the ten-year maintenance plan for 
Huntington, West Virginia (Cabell and Wayne Counties) revisions.

[FR Doc. 02-3188 Filed 2-7-02; 8:45 am]
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