[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Rules and Regulations]
[Pages 40023-40025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11107]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2005-0480; FRL-8197-1]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Redesignation of the City of Weirton PM-10 Nonattainment 
Area to Attainment and Approval of the Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a redesignation request and a State 
Implementation Plan (SIP) revision submitted by the State of West 
Virginia. This revision requests that EPA redesignate the Weirton 
nonattainment area (Weirton Area) 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 micrometers 
(PM-10), and concurrently requests approval of a limited maintenance 
plan (LMP) as a revision to the West Virginia State Implementation 
(SIP). In this action, EPA is approving the State's request to 
redesignate the area from nonattainment to attainment, as well as 
approving the LMP for the Weirton Area.

DATES: Effective Date: This final rule is effective on August 14, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2005-0480. All documents in the docket are listed in 
the www.regulations.gov Web site. Publicly available docket materials 
are available either electronically through www.regulations.gov or in 
hard copy 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. Copies of the State 
submittal are available at the West Virginia Department of 
Environmental Protection, Division of Air Quality, 601 57th Street, 
SE., Charleston, WV 25304.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 11, 2006 (71 FR 27440), EPA published a notice of proposed 
rulemaking (NPR) for the State of West Virginia. The NPR proposed 
approval of the LMP for the Weirton Area in West Virginia and the 
State's request to redesignate the area from nonattainment to 
attainment. EPA also proposed to determine that, because the Weirton 
Area has continued to attain the PM-10 NAAQS, certain attainment 
demonstration requirements, along with other related requirements of 
the CAA, are not applicable to the Weirton Area. West Virginia 
submitted a request to redesignate the Weirton Area to attainment for 
PM-10 and a SIP submittal for the related maintenance plan on May 24, 
2004.

II. Summary of SIP Revision

    On May 16, 2001 (66 FR 27034), EPA promulgated a final rule 
entitled, ``Determination of Attainment of the NAAQS for PM-10 in the 
Weirton, West Virginia Nonattainment Area'' finding that the Weirton 
PM-10 nonattainment had attained the NAAQS for PM-10 by its applicable 
December 31, 2000 attainment date. In order to be redesignated from 
nonattainment to attainment, West Virginia requested, in a letter dated 
October 14, 2003, that EPA apply its clean data policy to the Weirton 
Area. The redesignation request, dated May 24, 2004, included the 
associated SIP submittal of the maintenance plan for the Weirton area.
    Other specific requirements of the request for redesignation and 
the associated rationale and the rationale for EPA's proposed action 
are explained in the NPR and will not be restated here. EPA received 
one comment in support of the proposed approval.

III. Final Action

    EPA is approving the PM-10 redesignation request for the Weirton 
Area, and also approving the associated limited maintenance plan as a 
revision to the West Virginia SIP.

IV. 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

[[Page 40024]]

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 requirement, 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 to approve the redesignation request for 
the Weirton nonattainment area and approve the associated maintenance 
plan as a revision to the SIP must be filed in the United States Court 
of Appeals for the appropriate circuit by September 12, 2006. 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 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, Intergovernmental 
relations, Reporting and Recordkeeping requirements, Particulate 
matter.

40 CFR Part 81

    Air Pollution Control, National parks, Wilderness areas.

    Dated: July 6, 2006.
William T. Wisniewski,
Acting Regional Administrator, Region III.


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

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as 
follows:

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (e) is amended by adding an 
entry for the City of Weirton PM-10 Maintenance Plan at the end of the 
table to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

 
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                                                            State
    Name of non-regulatory SIP          Applicable        submittal    EPA  approval  date       Additional
             revision                 geographic area        date                                explanation
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                                                  * * * * * * *
City of Weirton PM-10 Maintenance  Hancock and Brooke        4/24/04  7/14/06 [Insert page  Limited maintenance
 Plan.                              Counties (part)--                  number where the      plan.
                                    the City of Weirton.               document begins].
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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--PM-10'' is amended 
by revising the entry for Hancock and Brooke Counties (part): The City 
of Weirton to read as follows:


Sec.  81.349  West Virginia.

* * * * *

                                              West Virginia--PM-10
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                                                      Designation                         Classification
           Designated Area            --------------------------------------------------------------------------
                                            Date                  Type                 Date            Type
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                                                  * * * * * * *
Hancock and Brooke Counties (part):           9/12/06  Attainment...............
 The City of Weirton.

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 [FR Doc. E6-11107 Filed 7-13-06; 8:45 am]
BILLING CODE 6560-50-P