[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Proposed Rules]
[Pages 27510-27512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11677]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0157; FRL-9151-9]


Approval and Promulgation of Air Quality Implementation Plans; 
State of West Virginia; Section 110(a)(2) Infrastructure Requirements 
for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve submittals from the State of West 
Virginia pursuant to the Clean Air Act (CAA) sections 110(k)(2) and 
(3). These submittals address the infrastructure elements specified in 
the CAA section 110(a)(2), necessary to implement, maintain, and 
enforce the 1997 8-hour ozone and fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS) and 
the 2006 PM2.5 NAAQS. This proposed action is limited to the 
following infrastructure elements which were subject to EPA's 
completeness findings pursuant to CAA section 110(k)(1) for the 1997 8-
hour ozone NAAQS dated March 27, 2008 and the 1997 PM2.5 
NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M), or portions thereof.

DATES: Written comments must be received on or before June 16, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0157 by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Mail: EPA-R03-OAR-2010-0157, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
     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-
2010-0157. 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://

[[Page 27511]]

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: Irene Shandruk, (215) 814-2166, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS (62 
FR 38856) and a new PM2.5 NAAQS (62 FR 38652). The revised 
ozone NAAQS is based on 8-hour average concentrations. The 8-hour 
averaging period replaced the previous 1-hour averaging period, and the 
level of the NAAQS was changed from 0.12 parts per million (ppm) to 
0.08 ppm. The new PM2.5 NAAQS established a health-based 
PM2.5 standard of 15.0 micrograms per cubic meter ([micro]g/
m\3\) based on a 3-year average of annual mean PM2.5 
concentrations, and a twenty-four hour standard of 65 [micro]g/m\3\ 
based on a 3-year average of the 98th percentile of 24-hour 
concentrations. EPA strengthened the 24-hour PM2.5 NAAQS 
from 65 [micro]g/m\3\ to 35 [micro]g/m\3\ on October 17, 2006 (71 FR 
61144).
    Section 110(a) of the CAA requires States to submit State 
Implementation Plans (SIPs) that provide for the implementation, 
maintenance, and enforcement of new or revised NAAQS within three years 
following the promulgation of such NAAQS. In March of 2004, 
Earthjustice initiated a lawsuit against EPA for failure to take action 
against States that had not made SIP submissions to meet the 
requirements of sections 110(a)(1) and (2) for the 1997 8-hour ozone 
and PM2.5 NAAQS, i.e., failure to make a ``finding of 
failure to submit the required SIP 110(a) SIP elements.'' On March 10, 
2005, EPA entered into a Consent Decree with Earthjustice that 
obligated EPA to make official findings in accordance with section 
110(k)(1) of the CAA as to whether States have made required complete 
SIP submissions, pursuant to sections 110(a)(1) and (2), by December 
15, 2007 for the 1997 8-hour ozone NAAQS and by October 5, 2008 for the 
1997 PM2.5 NAAQS. EPA made such findings for the 1997 8-hour 
ozone NAAQS on March 27, 2008 (73 FR 16205) and on October 22, 2008 (73 
FR 62902) for the 1997 PM2.5 NAAQS. These completeness 
findings did not include findings relating to: (1) Section 110(a)(2)(C) 
to the extent that such subsection refers to a permit program as 
required by Part D Title I of the CAA; (2) section 110(a)(2)(I); and 
(3) section 110(a)(2)(D)(i), which has been addressed by a separate 
finding issued by EPA on April 25, 2005 (70 FR 21147). Therefore, this 
action does not cover these specific elements.

II. Summary of State Submittal

    West Virginia provided multiple submittals to satisfy section 
110(a)(2) requirements that are the subject of this proposed action for 
the 1997 8-hour ozone NAAQS and the 1997 and 2006 PM2.5 
NAAQS. The submittals shown in Table 1 addressed the infrastructure 
elements, or portions thereof, identified in section 110(a)(2) that EPA 
is proposing to approve.

 Table 1--110(a)(2) Elements, or Portions Thereof, EPA Is Proposing To Approve for 1997 Ozone and PM2.5 and 2006
                                                   PM2.5 NAAQS
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          Submittal date             1997 8-hour ozone        1997 PM2.5                   2006 PM2.5
----------------------------------------------------------------------------------------------------------------
December 3, 2007.................  A, C, D(ii), E, F,                          .................................
                                    G, J, K, L.
April 3, 2008....................  ....................  A, C, D(ii), E, F,    .................................
                                                          J, L.
May 21, 2008.....................  B, E, F, G, H, J, K,  B, E, F, G, H, J, K,  .................................
                                    M.                    M.
July 9, 2008.....................  ....................  G.                    .................................
October 1, 2009..................  C...................  C...................  A, B, C, D(ii), E, F, G, H, J, K,
                                                                                L, M.
March 18, 2010...................  ....................  G...................  G.
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    EPA has analyzed the above identified submissions and is proposing 
to make a determination that such submittals meet the requirements of 
section 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), 
(L), and (M), or portions thereof. A detailed summary of EPA's review 
of and rationale for approving West Virginia's submittals may be found 
in the Technical Support Document (TSD) for this action, which is 
available online at http://www.regulations.gov, Docket number EPA-R03-
OAR-2010-0157.

III. Proposed Action

    EPA is proposing to approve West Virginia's submittals that provide 
the basic program elements specified in the CAA sections 110(a)(2)(A), 
(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or 
portions thereof, necessary to

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implement, maintain, and enforce the 1997 8-hour ozone and 
PM2.5 NAAQS and the 2006 PM2.5 NAAQS. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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, pertaining to West Virginia's 
section 110(a)(2) infrastructure requirements for the 1997 8-hour ozone 
and PM2.5 NAAQS, and the 2006 PM2.5 NAAQS does 
not have Tribal implications as specified by Executive Order 13175 (65 
FR 67249, 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: May 5, 2010.
W.C. Early,
Acting Regional Administrator, Region II.
[FR Doc. 2010-11677 Filed 5-14-10; 8:45 am]
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