[Federal Register Volume 73, Number 209 (Tuesday, October 28, 2008)]
[Proposed Rules]
[Pages 63915-63917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25655]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0694; FRL-8735-9]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of West Virginia. This revision 
pertains to establishing ambient air quality standards for sulfur 
oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide, 
and lead equivalent to the national primary and secondary ambient air 
quality standards. This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before November 28, 
2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-

[[Page 63916]]

R03-OAR-2008-0694 by one of the following methods:
    A. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2008-0694, Cristina Fernandez, Chief, Air 
Quality Planning, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket(s normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0694. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy 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, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Gobeail McKinley, (215) 814-2033, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: On April 25, 2008, the West Virginia 
Department of Environmental Protection submitted a revision to its 
State Implementation Plan. The SIP revision restructures and 
consolidates all of the West Virginia ambient air quality standards 
into Rule 45CSR8 to be consistent with 40 CFR Part 50.

I. Summary of SIP Revision

    On April 25, 2008, the State of West Virginia submitted as a SIP 
revision Rule 45CSR8--Ambient Air Quality Standards, which updates and 
incorporates all six criteria pollutants to be equivalent to the NAAQS 
in 40 CFR Part 50. The revision repeals rules 45CSR9--Ambient Air 
Quality Standards for Carbon Monoxide and Ozone, and 45CSR12--Ambient 
Air Quality Standard for Nitrogen Dioxide, and moves these ambient air 
quality standards into Rule 45CSR8.
    The revision includes a correction of the sulfur dioxide annual 
primary standard from 0.003 to 0.030 ppm; removes the annual 
PM10 standard, and incorporates the annual PM2.5 
standard, the 24-hour PM2.5 standard of 35 [mu]g/
m3, the primary and secondary standards for lead, and the 
primary and secondary 1-hour and 8-hour ozone standards. The SIP 
revision includes the revocation of the 1-hour ozone standard except 
for Berkeley and Jefferson Counties and it identifies the 1-hour ozone 
maintenance areas. The SIP revision also adds new reference conditions 
for PM2.5 and measurement methods for PM2.5 and 
lead.

II. Proposed Action

    EPA is proposing to approve the West Virginia SIP revision for 
establishing ambient air quality standards for sulfur oxides, 
particulate matter, carbon monoxide, ozone, nitrogen dioxide, and lead. 
EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 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 Clean Air Act. 
Accordingly, this action merely proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is 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 Clean Air Act; and
     Does 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).
    In addition, this proposed rule, establishing ambient air quality 
standards in West Virginia, does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249,

[[Page 63917]]

November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

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

    Dated: October 20, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E8-25655 Filed 10-27-08; 8:45 am]
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