[Federal Register Volume 68, Number 166 (Wednesday, August 27, 2003)]
[Rules and Regulations]
[Pages 51459-51465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21910]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WV061-6031a; FRL-7549-1]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Redesignation of the Follansbee PM10 
Nonattainment Area To Attainment and Approval of the Associated 
Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a request from 
the State of West Virginia to redesignate the Follansbee area of Brooke 
County, West Virginia (Follansbee area) from nonattainment to 
attainment for the national ambient air quality standards (NAAQS) for 
particulate matter with an aerodynamic diameter less than or equal to a 
nominal 10 microns (PM10). EPA is also approving the plan 
for maintaining the PM10 standard in the Follansbee area and 
contingency measures as revisions to the West Virginia State 
Implementation Plan (SIP). Approval of the maintenance plan will put a 
plan in place for maintaining the PM10 standard for the next 
ten years in the Follansbee area. EPA is approving the redesignation 
request, the maintenance plan and the contingency measures in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on October 27, 2003 without further 
notice, unless EPA receives adverse written comment by September 26, 
2003. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Electronic comments should be sent either to [email protected] or 
to http://www.regulations.gov, which is an alternative method for 
submitting electronic comments to EPA. To submit comments, please 
follow the detailed instructions described in Part V of the 
Supplementary Information section. 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, 1301 Constitution Avenue, NW., Room B108, 
Washington, DC 20460; and West Virginia Department of Environmental 
Protection, Division of Air Quality, 7012 MacCorkle Avenue, SE., 
Charleston, West Virginia 25304-2943.

FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used we mean EPA.

Table of Contents

Introduction
I. Area Designated Nonattainment for PM10
II. Geographic Boundaries of the PM10 Nonattainment Area
III. Criteria for Redesignation
IV. Analysis of How the State Met the Criteria for Redesignation
    A. Data Shows Attainment of the PM10 NAAQS in the 
Follansbee Area
    B. Fully Approved SIP Under Section 110(k) of the CAA
    1. Section 110 Requirements
    2. Part D Requirements
    a. Subparts 1 and 4 of Part D--Sections 172(c) and 189(a) 
Provisions
    b. Subpart 1 of Part D--Section 176 Conformity Provisions
    C. The Improvement in Air Quality is Due to Permanent and 
Enforceable Measures
    D. The Maintenance Plan Under Section 175A
    1. Maintenance Plan Requirements
    a. Emissions inventory
    b. Maintenance demonstration
    c. Commitment to continue monitoring air quality
    d. Verification of continued attainment
    e. Contingency plan
    2. Commitment to Submit Subsequent Maintenance Plan Revisions
    E. The Submittal Meets the Applicable Requirements of Section 
110 and Part D
V. Final Action
VI. Statutory and Executive Order Reviews
    A. General Requirements
    B. Submission to Congress and the Comptroller General
    C. Petitions for Judicial Review

Introduction

    Under the CAA, EPA may redesignate areas to attainment if 
sufficient data are available to warrant such changes and the area 
meets the criteria contained in section 107(d)(3) of the Act. This 
includes full approval of a maintenance plan for the area. EPA may 
approve a maintenance plan which meets the requirements of section 175A 
of the CAA. On May 12, 2003, the State of West Virginia submitted a 
redesignation request and maintenance plan for the Follansbee 
PM10 moderate nonattainment area. When approved, the section 
175A maintenance plan will become a Federally enforceable part of the 
West Virginia SIP for this area.

I. Area Designated Nonattainment for PM10

    On November 15, 1990, the Clean Air Act (CAA) amendments were 
enacted. Pursuant to section 107(d)(4)(B), the Follansbee area in 
Brooke County, West Virginia was designated nonattainment by operation 
of law. The nonattainment classification and designation of Follansbee 
as a moderate PM10 area was codified in 40 CFR part 81 on 
November 6, 1991 (56 FR 56848). Prior to enactment of the CAA 
amendments this area along with a portion of Jefferson County, Ohio 
near Steubenville was classified as a single Group I PM10 
nonattainment area. Under the 1990 CAA amendments, these two adjacent 
areas were each designated by operation of law as nonattainment areas. 
Although the State of West Virginia and the State of Ohio worked 
together to provide an attainment demonstration for both the 
Follansbee, West Virginia nonattainment area and the Jefferson County, 
Ohio nonattainment area, each area is treated separately for purposes 
of redesignation. Specific information on the Jefferson County, Ohio 
area's redesignation to attainment can be found in EPA's approval of 
the State of Ohio's redesignation request and maintenance plan for 
Jefferson County. (See December 11, 2000, 65 FR 77308).

II. Geographic Boundaries of the PM10 Nonattainment Area

    The Follansbee PM10 nonattainment area in Brooke County, 
West Virginia is bounded on the north by the Market Street Bridge, on 
the east by West Virginia Route 2, on the south by the extension of the 
southern boundary of Steubenville Township in Jefferson County, Ohio, 
and on the west by the Ohio/West Virginia border.
    The adjacent Jefferson County, Ohio area is bounded by Market 
Street (State Route 43) from the West Virginia /Ohio border west to 
Sunset Boulevard (U.S. Route 22), Sunset Boulevard west to the 
Steubenville Township /Cross Creek Township boundary, the Township 
boundary south to the Steubenville Corporation limit, the corporation 
boundary east to State Route 7, State Route 7 South to the Steubenville 
Township /Wells Township boundary, the Township boundary east to the 
West Virginia Ohio border, and North on the border to Market Street.

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III. Criteria for Redesignation

    Section 107(d)(3)(E) of the CAA specifies five requirements that 
must be met to redesignate an area from nonattainment to attainment as 
follows:

    1. The area has attained the applicable NAAQS;
    2. The area has a fully approved SIP under section 110(k);
    3. The air quality improvement is permanent and enforceable;
    4. The area has a fully approved maintenance plan pursuant to 
section 175A; and
    5. The area has met all relevant requirements under section 110 
and part D of the Act.

IV. Analysis of How the State Met the Criteria for Redesignation

    The EPA has reviewed the redesignation request submitted by West 
Virginia for the Follansbee nonattainment area and finds that the 
request meets the five requirements of section 107(d)(3)(E).

A. Data Shows Attainment of the PM10 NAAQS in the Follansbee 
Area

    For purposes of assessing air quality, monitoring data in both West 
Virginia and Ohio was reviewed. The monitor in Brooke County, West 
Virginia has always been located outside the boundary of the 
nonattainment area but is included in the review to provide an overall 
picture of air quality in the area. Three monitors are currently 
operating in the Jefferson County, Ohio area previously described in 
section II entitled, Geographic Boundaries. The redesignation request 
is based upon the three most recent years of quality-assured 
PM10 air monitoring data (1999-2001) available during 
preparation of the May 12, 2003 submittal. The PM10 NAAQS 
includes both a daily and an annual standard. An area is attaining the 
daily and annual NAAQS if there are no violations, as determined in 
accordance with 40 CFR 50.6 and appendix K, based upon three complete 
consecutive calendar years of quality assured monitoring data. The 
daily standard is met if the expected frequency of values above 150 ug/
m\3\ is 1.0 or less. The data must be collected and quality assured in 
accordance with 40 CFR part 58, and recorded in the Aerometric 
Information Retrieval System (AIRS) now known as the Air Quality System 
(AQS).
    West Virginia's formal submittal included data from 1990 through 
2002. This data shows that the area has not recorded any exceedances of 
the daily NAAQS in the past decade. The formal redesignation request is 
based upon data from 1999 through 2001. This data has been quality 
assured and recorded in AQS. During the 1999 through 2001 time period, 
there were no actual exceedances of the daily standard, and the average 
number of expected exceedances is less than 1.0 for the same time 
period. During 2002, no exceedances were recorded. Therefore, the area 
has attained and continues to attain the daily NAAQS. During 1999 
through 2002 the maximum annual average recorded at these sites was 35 
ug/m3. As the annual standard is based on the average annual mean over 
three years, the area has attained and continues to attain the annual 
PM10 standard. Since the area has attained the daily and 
annual NAAQS based upon the most recent three years of quality-assured 
data available during preparation of the May 12, 2003 submittal, and 
continues to attain the NAAQS, the first criterion of section 
107(d)(3)(E) has been satisfied. West Virginia has committed to 
continue monitoring in Brooke County in accordance with 40 CFR parts 53 
and 58.

B. Fully Approved SIP Under Section 110(k) of the CAA

1. Section 110 Requirements
    On November 15, 1991, West Virginia submitted an attainment plan to 
EPA consisting of an attainment demonstration and control measures for 
the Follansbee area. On July 25, 1994 (59 FR 37696) EPA took a limited 
approval/limited disapproval action on the submittal. EPA fully 
approved the control measures portion of the plan, but disapproved the 
attainment demonstration and took no action on the contingency measures 
with specific regard to section 172(c)(9) of the CAA. On November 22, 
1995, West Virginia submitted a revised attainment demonstration, and 
EPA approved that attainment demonstration on November 15, 1996 (61 FR 
58481) but did not take action on the contingency measures. In this 
rulemaking, EPA is approving the contingency measures submitted on 
November 15, 1991 as fulfilling the requirements of section 172(c)(9). 
Therefore, EPA fully approved all applicable requirements of section 
110(a)(2)(I) of the Act, including all applicable requirements of part 
D (relating to nonattainment), which were due prior to the time of the 
redesignation request.
2. Part D Requirements
    Part D of the CAA contains general provisions that apply to all 
nonattainment plans and certain sections that apply to specific 
pollutants. Before EPA may redesignate the Follansbee PM10 
nonattainment area to attainment, the SIP must have fulfilled the 
applicable requirements of part D. Under part D, an area's 
classification indicates the requirements to which it is subject. 
Subpart 1 of part D sets forth the basic nonattainment requirements 
applicable to all nonattainment areas. EPA designated the Follansbee 
area of Brooke County as a moderate PM10 nonattainment area 
on November 6, 1991 (codified at 40 CFR 81.339). Therefore, to be 
redesignated to attainment, the area must meet the applicable 
requirements of subpart 1 of part D, specifically sections 172(c) and 
176. Section 189(a) of subpart 4 of the CAA also must be met.
a. Subparts 1 and 4 of Part D--Sections 172(c) and 189(a) Provisions
    Subpart 1 of part D addresses nonattainment areas in general and 
subpart 4 addresses PM10 nonattainment areas specifically. 
Except for contingency measures, all the relevant SIP elements required 
under sections 172(c) and 189(a) including an emissions inventory, 
Reasonably Available Control Measures (RACM); and an attainment 
demonstration were approved by EPA on July 25, 1994 (59 FR 37696) and, 
November 15, 1996 (61 FR 58481). Although contingency measures were 
contained in consent orders that were fully approved and incorporated 
into the West Virginia SIP by EPA on July 25, 1994 (59 FR 37696), our 
approval did not specifically take action to approve them as 
contingency measures pursuant to section 172(c)(9) at that time. 
However, as the consent orders' requirements were made part of the 
Federally approved SIP, if the area had not reached attainment, the 
additional reductions from these measures would have been implemented. 
Within 365 days of receiving notice that attainment had not been 
achieved, the following sources would have implemented additional 
PM10 emission reductions: Follansbee Steel would have 
obtained additional PM10 actual reductions of 0.22 lbs/hr 
and 0.96 tpy; Wheeling Pittsburgh Steel would have achieved additional 
actual reductions of 6.5 lbs/hr and 28.5 tpy; International Mill 
Services would have obtained actual reductions of 0.1 lbs/hr and 0.4 
tpy; and Koppers Industries would add additional dust control on access 
roads. Since the area did attain the standard, these measures were not 
triggered. Given that the Follansbee area did attain the standard and 
is being redesignated to attainment, it may be argued that the need for 
EPA to approve these SIP-approved measures as contingency measures 
specifically

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pursuant to section 172(c)(9) is moot. Nonetheless, EPA is now 
approving these measures as meeting the criteria of section 172(c)(9) 
for contingency measures in order to be clear that the area has a full 
approved plan for all applicable Part D requirements. The Federal 
requirements for new source review (NSR) in nonattainment areas are 
contained in section 172(c)(5). EPA guidance indicates the requirements 
of the part D NSR program will be replaced by the prevention of 
significant deterioration (PSD) program when an area has reached 
attainment and been redesignated, provided there are assurances that 
PSD will become fully effective immediately upon redesignation. 
Regulations for the Prevention of Significant Deterioration of Air 
Quality were approved into the West Virginia SIP on April 11, 1986 (51 
FR 12518). Therefore, the PSD program will become fully effective in 
the Follansbee area immediately upon redesignation.
b. Subpart 1 of Part D--Section 176 Conformity Provisions
    The Follansbee area was not required to have a transportation 
conformity budget for PM10. The most significant causes of 
nonattainment in this area were emissions from steel and industrial 
facilities in the area and not mobile source emissions. PM10 
emissions from public roads contributed 5% or less to the ambient 
impacts of PM10 in the Follansbee area. Because the 
PM10 violations had been caused by stationary sources and 
motor vehicles were not an important contributor to the nonattainment 
problem, no additional quantitative analysis for transportation related 
PM10 impacts are required for conformity purposes. While 
section 176 provides that a State's conformity revisions must be 
consistent with Federal Conformity regulations promulgated by EPA, 
given the nature of the area's former nonattainment problem, it is 
reasonable to interpret those conformity requirements as not applying 
for purposes of evaluating the redesignation request.

C. The Improvement in Air Quality Due to Permanent and Enforceable 
Measures

    In order to redesignate an area, EPA must determine that the 
improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP, applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions. The State's approved 1991 
PM10 SIP for the Follansbee area identified the measures to 
bring the area into attainment. These measures included emission 
standards and operating restrictions for various sources of 
PM10. The facilities that were required to implement 
additional controls were Follansbee Steel Corporation, International 
Mill Services, Koppers Industries, Standard Lafarge, Starvaggi 
Industries Incorporated, and Wheeling Pittsburgh Steel Corporation. All 
of these facilities received reduced allowable emission rates for 
PM10. All of these sources except for Follansbee Steel 
Corporation were required to implement new or improved dust control 
measures. Both Follansbee Steel and Koppers Industries were required to 
implement ``add-on'' control equipment to reduce process 
PM10 emissions.
    In addition to these emission reductions, other reductions have 
occurred since the attainment demonstration inventory was prepared and 
the modeled demonstration of attainment was performed. The sinter plant 
at Wheeling Pittsburgh Steel shutdown in 1999 and operations at 
International Mill Services have also shutdown. The additional emission 
reductions resulting from these shutdowns are permanent and enforceable 
given that any reactivation of these facilities would be subject to 
applicable new source review requirements.
    The May 12, 2003 redesignation request demonstrates that actual 
enforceable emission reductions are responsible for the air quality 
improvements in the Follansbee area. EPA finds that emission reductions 
due to the control measures and emission limitations imposed by the 
SIP-approved 1991 attainment plan and emission reductions due to 
permanent and enforceable shutdowns have reduced the ambient 
PM10 levels such that the Follansbee area attained the NAAQS 
and continues to attain the NAAQS.

D. The Maintenance Plan Under Section 175A

    Section 175A of the Act sets forth the necessary elements of a 
maintenance plan needed for areas seeking redesignation from 
nonattainment to attainment. The plan must demonstrate continued 
attainment of the applicable NAAQS for at least 10 years after the EPA 
approves a redesignation to attainment. Eight years after the 
redesignation, West Virginia must submit a revised maintenance plan 
which demonstrates attainment for the 10 years following the initial 
10-year period. To address potential future NAAQS violations, the 
maintenance plan must contain contingency measures, with a schedule for 
implementation adequate to assure prompt correction of any air quality 
problems. Under section 175A(d), contingency provisions must include a 
requirement that the State will implement all control measures that 
were in the SIP prior to redesignation as an attainment area. EPA is 
approving the maintenance plan for the Follansbee nonattainment area 
because EPA finds that the submittal meets the requirements of section 
175A. The details of the maintenance plan requirements and how the 
submittal meets these requirements are detailed in the following 
paragraphs. A maintenance plan must contain the following elements.
    (1) An emissions inventory reflective of PM10 emissions 
in the monitored attainment years;
    (2) A maintenance demonstration which is expected to provide 
adequate assurance of maintenance over the initial 10-year period;
    (3) A commitment to continue monitoring in the area;
    (4) A method for verifying continued attainment; and
    (5) A contingency plan with specific indicators or triggers for 
implementation of the plan.
1. Maintenance Plan Requirements
a. Emissions inventory
    The maintenance plan indicates that the attainment inventory is the 
emission inventory used to perform the modeling demonstration of 
attainment and provides updates to that inventory for 2001 for sources 
in the Follansbee nonattainment area. Emissions have declined somewhat 
in the area due to the previously described shutdowns. Any future 
increases in emissions and/or significant changes to the stack 
configurations/parameters from those modeled in the attainment 
demonstration due to new or modifying stationary sources would be 
subject to new source review requirements including a demonstration 
that the NAAQS is protected.
b. Maintenance demonstration
    Steel and industrial facilities were the main cause of 
nonattainment in the area. The attainment demonstration was based upon 
allowable emission levels for stationary sources impacting the 
nonattainment area. PM10 emissions from public on-road 
sources did not play a significant role in nonattainment and their 
impacts were less than 5% of the PM10 concentrations. 
Therefore, no conformity budgets are required for Brooke County. 
Population in the

[[Page 51462]]

incorporated area of Follansbee (which is larger than the nonattainment 
area) has increased slightly since 1990 and may experience a minor 
increase in population over the next ten years. However, population in 
Brooke County has been decreasing since 1990 and is expected to 
continue to decline over the next ten years. Manufacturing employment 
in the metropolitan area which includes Follansbee has been decreasing 
since 1994, and this decline in manufacturing is expected to continue 
for the next 10 years. As a result of these factors, PM10 
emissions are expected to remain at or below the emission levels used 
to demonstrate attainment for the next 10 years. The area, therefore, 
is expected to maintain the PM10 NAAQS for the next 10 years 
as it has for the past 10 years. Moreover as noted previously, any 
future increases in emissions and/or significant changes to the stack 
configurations/parameters form those modeled in the attainment 
demonstration due to new or modifying stationary sources would be 
subject to new source review requirements including a demonstration 
that the NAAQS is protected.
c. Commitment to continue monitoring air quality
    The maintenance plan includes commitments to continue to operate 
and maintain the monitor located in Follansbee, Brooke County in 
accordance with 40 CFR parts 53 and 58. Information regarding the State 
of Ohio's monitoring commitment can be found in EPA's notice approving 
the maintenance plan for Jefferson County on December 11, 2000 (65 FR 
77308).
d. Verification of continued attainment
    In addition to reviewing ambient monitoring data in the Follansbee 
area on annual basis to verify continued attainment, the State of West 
Virginia will continue to examine the air quality impact of any major 
new sources or modifications through its approved PSD program. New 
minor sources will also be evaluated to assure maintenance of the area. 
In addition the State will review their PM10 inventory every 
three years.
e. Contingency plan
    The maintenance plan contingency measures consist of control 
measures on source material handling operations and/or potential fuel 
switching at fuel burning units. The State will track air quality data 
in the Follansbee area. Upon a determination that three exceedances of 
the PM10 standard have occurred within a three-year period, 
the State will notify subject companies that the potential for a 
violation exists. The companies must then prepare detailed action plans 
containing specific measures selected from the contingency measures for 
implementation in the event of a violation. These plans must be 
submitted to the West Virginia Department of Environmental Protection 
(WVDEP) within 6 months of notification that the potential for a 
violation exists, and the plan shall include an implementation timeline 
such that the final milestone of the plan calls for implementation of 
the measures no later than 18 months after the company is notified that 
a violation has occurred. Within 6 months of a violation, the State 
will enter into consent orders or a legislative rule to incorporate the 
specific measures and compliance deadlines in the action plans and 
these measures will be made federally enforceable.
2. Commitment To Submit Subsequent Maintenance Plan Revisions
    A new maintenance plan must be submitted to EPA within eight years 
of the redesignation of the nonattainment area, as required by section 
175(A)(b). This subsequent maintenance plan must constitute a SIP 
revision and provide for the maintenance of the PM10 NAAQS 
for a period of 10 years after the expiration of the initial 10 year 
maintenance period. The State commits to submit a SIP revision as 
required by section 175(A)(b).

E. The Submittal Meets the Applicable Requirements of Section 110 and 
Part D

    General SIP elements are delineated in section 110(a)(2) of Title 
I, part A. These requirements include but are not limited to the 
following: submittal of a SIP that has been adopted by the state after 
reasonable notice and public hearing, provisions for establishment and 
operation of appropriate apparatus, methods, systems and procedures 
necessary to monitor ambient air quality, implementation of a permit 
program, provisions for part C, Prevention of Significant Deterioration 
(PSD), and part D, New Source Review (NSR) permit programs, criteria 
for stationary source emission control measures, monitoring and 
reporting, and provisions for public and local agency participation. 
For the purposes of redesignation, the West Virginia SIP was reviewed 
to ensure that all requirements under the amended CAA were satisfied 
through approved SIP provisions for the Follansbee nonattainment area. 
EPA has concluded that the Commonwealth's SIP for the Follansbee 
nonattainment area satisfies all of the section 110 SIP requirements of 
the CAA and that all applicable requirements of part D have been 
satisfied.

V. Final Action

    EPA is approving West Virginia's request to redesignate the 
Follansbee PM10 nonattainment area to attainment because the 
State has complied with the requirements of section 107(d)(3)(E) of the 
CAA. In addition, EPA is approving the West Virginia's maintenance plan 
for the Follansbee area as a SIP revision because it meets the 
requirements of section 175A. Lastly, we are approving the contingency 
measures submitted in the November 15, 1991 submittal as meeting the 
criteria of section 172(c)(9). EPA has prepared a Technical Support 
Document (TSD) in support of this rulemaking. Copies are available upon 
request, from the person identified in the FOR FUTHER INFORMATION 
CONTACT section. EPA is publishing this rule without prior proposal 
because the Agency views this as a noncontroversial amendment and 
anticipates no adverse comments. However, in the ``Proposed Rules'' 
section of today's Federal Register, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
adverse comments are filed. This rule will be effective on October 27, 
2003 without further notice unless EPA receives adverse comment by 
September 26, 2003. If EPA receives adverse comment, EPA will publish a 
timely withdrawal in the Federal Register informing the public that the 
rule will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number WV061-6031a in the subject line on the first page 
of your comment. Please ensure that your comments are submitted within 
the specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    A. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you

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include your name, mailing address, and an e-mail address or other 
contact information in the body of your comment. Also include this 
contact information on the outside of any disk or CD ROM you submit, 
and in any cover letter accompanying the disk or CD ROM. This ensures 
that you can be identified as the submitter of the comment and allows 
EPA to contact you in case EPA cannot read your comment due to 
technical difficulties or needs further information on the substance of 
your comment. EPA's policy is that EPA will not edit your comment, and 
any identifying or contact information provided in the body of a 
comment will be included as part of the comment that is placed in the 
official public docket, and made available in EPA's electronic public 
docket. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment.
    1. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], attention WV-061-6031a. EPA's e-mail system is 
not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket, and made 
available in EPA's electronic public docket.
    2. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    3. Disk or CD ROM. You may submit comments on a disk or CD ROM that 
you mail to the mailing address identified in the ADDRESSES section of 
this document. These electronic submissions will be accepted in 
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characters and any form of encryption.
    B. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document. For 
public commenters, it is important to note that EPA's policy is that 
public comments, whether submitted electronically or in paper, will be 
made available for public viewing at the EPA Regional Office, as EPA 
receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

Submittal of CBI Comments

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2.
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Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:

1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that 
support your views.
4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline 
identified.
8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line 
on the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to 
your comments.

VI. Statutory and Executive Order Reviews

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 (Pub. L. 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),

[[Page 51464]]

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 October 27, 2003. 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, redesignating the Follansbee, Brooke 
County, West Virginia PM10 area to attainment and approval 
of the area's maintenance plan and contingency measures, may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: August 18, 2003.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR Parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart XX--West Virginia

0
2. Section 52.2520 is amended by adding paragraph (c)(54) to read as 
follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *
    (54) The PM10 Redesignation and Maintenance Plan for the 
Follansbee, West Virginia nonattainment area submitted by the West 
Virginia Department of Environmental Protection on May 12, 2003.
    (i) Incorporation by reference.
    (A) Letter of May 12, 2003 from the West Virginia Department of 
Environmental Protection transmitting the redesignation request and 
maintenance plan for the PM10 nonattainment area in the 
Follansbee area of Brooke County.
    (B) Maintenance Plan for the Follansbee PM10 
nonattainment area, effective April 28, 2003.
    (ii) Additional Material.--Remainder of the May 12, 2003 State 
submittal pertaining to the revisions listed in paragraph (c)(54)(i) of 
this section.


Sec.  52.2522  [Amended]

0
3. In Sec.  52.2522 (Approval status), paragraph (d) is removed and 
reserved.
0
4. Section 52.2526 is added to read as follows:


Sec.  52.2526  Control strategy: Particulate matter.

    EPA approves West Virginia's November 15, 1991 SIP submittal for 
fulfilling the PM10-specific requirement of part D for 
contingency measures required under section 172(c)(9) of the Clean Air 
Act applicable to the Follansbee, West Virginia PM10 
nonattainment area.

PART 81--[AMENDED]

Subpart C--Section 107 Attainment Status Designations

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. In Sec.  81.349, the table for ``West Virginia--PM10'' is 
amended by revising the entry for the Follansbee Area of Brooke County 
to read as follows:


Sec.  81.349  West Virginia.

* * * * *

                                               West Virginia--PM10
----------------------------------------------------------------------------------------------------------------
                                               Designation                            Classification
        Designated area         --------------------------------------------------------------------------------
                                         Date                Type                Date                Type
----------------------------------------------------------------------------------------------------------------
Brooke
    Follansbee area bounded on   October 27, 2003...  Attainment........
     the north by the Market
     Street Bridge, on the east
     by West Virginia Route 2,
     on the south by the
     extension of the southern
     boundary of Steubenville
     Township in Jefferson
     County, Ohio, and on the
     west by the Ohio/West
     Virginia border.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 51465]]

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[FR Doc. 03-21910 Filed 8-26-03; 8:45 am]
BILLING CODE 6560-50-P