[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Rules and Regulations]
[Pages 62640-62641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26093]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0454; FRL9477-5]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Determination of Attainment and Determination of Clean 
Data for the Annual 1997 Fine Particle Standard for the Charleston Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making two determinations regarding the Charleston, 
West Virginia fine particulate matter (PM2.5) nonattainment 
area (hereafter referred to as ``Charleston Area'' or ``Area''). First, 
EPA is determining that the Area has attained the 1997 annual average 
PM2.5 National Ambient Air Quality Standard (NAAQS). This 
determination of attainment is based upon complete, quality-assured, 
and certified ambient air monitoring data for the 2007-2009 period 
showing that the Charleston Area has attained the 1997 annual 
PM2.5 NAAQS and data available to date for 2010 in EPA's Air 
Quality System (AQS) database that show the area continues to attain. 
EPA's determination releases the Charleston Area from the requirements 
to submit attainment demonstrations and associated reasonably available 
control measures (RACM), a reasonable further progress (RFP) plan, 
contingency measures, and other planning State Implementation Plan 
(SIP) revisions related to attainment of the standard for so long as 
the Area continues to attain the annual PM2.5 NAAQS. Second, 
EPA is determining based on quality-assured and certified monitoring 
data for the 2007-2009 monitoring period that the area has attained the 
1997 annual PM2.5 NAAQS, by its applicable attainment date 
of April 5, 2010.

DATES: Effective Date: This final rule is effective on November 10, 
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0454. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (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 through http://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.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. What actions is EPA taking?
II. What are the effects of these actions?
III. Statutory and Executive Order Reviews.

I. What actions is EPA taking?

    In accordance with section 179(c)(1) of the Clean Air Act (CAA), 42 
U.S.C. section 7509(c)(1), and 40 Code of Federal Regulations (CFR) 
section 51.1004(c), EPA is determining that the Charleston Area 
(composed of Kanawha and Putnam Counties) has attained the 1997 annual 
PM2.5 NAAQS. This action is based upon complete, quality-
assured, and certified ambient air monitoring data for the 2007-2009 
monitoring period that show that the Area has monitored attainment of 
the 1997 annual PM2.5 NAAQS and data available to date for 
2010 that show the Area continues to attain. EPA is also determining, 
in accordance with EPA's PM2.5 Implementation Rule of April 
25, 2007 (72 FR 20664), that the Charleston Area has attained the 1997 
annual PM2.5 NAAQS by its applicable attainment date of 
April 5, 2010.
    EPA published in the Federal Register its proposed determination 
for the Charleston Area on July 15, 2011 (76 FR 41739). A discussion of 
the rationale behind this determination and the effect of the 
determination was included in the notice of proposed rulemaking. EPA 
received no comments on this notice of proposed rulemaking.

II. What are the effects of these actions?

    In determining the Charleston Area attained the 1997 annual 
PM2.5 standard by its applicable attainment date (April 5, 
2010), EPA has met its requirement pursuant to 179(c)(1) of the CAA to 
make a determination based on the Area's air quality data as of the 
attainment date whether the Area attained the standard by that date. 
This action does not constitute a redesignation of the Area to 
attainment of the 1997 annual PM2.5 NAAQS under section 
107(d)(3) of the CAA. Further, this action does not involve approving 
maintenance plans for the Area as required under section 175A of the 
CAA, nor does it find that the Area has met all other requirements for 
redesignation. Even after a determination of attainment by EPA, the 
designation status of the Charleston Area is nonattainment for the 1997 
annual PM2.5 NAAQS until such time as EPA determines that 
the Area meets the CAA requirements for redesignation to

[[Page 62641]]

attainment and takes action to redesignate the Charleston Area.
    EPA's clean data determination releases the Charleston Area from 
the requirement to submit an attainment demonstration and associated 
RACM, a RFP plan, contingency measures, and any other planning SIPs 
related to attainment of the 1997 annual PM2.5 NAAQS for so 
long as the Charleston Area continues to attain the 1997 annual 
PM2.5 NAAQS. See 40 CFR 51.1004(c).
    After a final clean data determination, if EPA determines that the 
Area has violated the 1997 annual PM2.5 NAAQS, the basis for 
the suspension of the specific requirements would no longer exist for 
the Charleston Area and it would thereafter have to address the 
applicable requirements. See 40 CFR 51.1004(c). The two actions 
regarding the Charleston Area's attainment are only with respect to the 
1997 annual PM2.5 NAAQS. Today's actions do not address the 
24-hour PM2.5 NAAQS.

III. Statutory and Executive Order Reviews

A. General Requirements

    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 approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this 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 rule 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.

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 action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 12, 2011. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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 pertaining to the determination of attainment and 
clean data determination for the Charleston 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, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

     Dated: September 27, 2011.
W. C. Early,
Acting, Regional Administrator, Region III.

    40 CFR part 52 is 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. In Sec.  52.2526, paragraph (e) is added to read as follows:


Sec.  52.2526  Control strategy: Particulate matter.

* * * * *
    (e) Determination of Attainment. EPA has determined, as of October 
11, 2011, that based on 2007 to 2009 ambient air quality data, the 
Charleston nonattainment area has attained the 1997 annual 
PM2.5 NAAQS. This determination, in accordance with 40 CFR 
52.1004(c), suspends the requirements for this area to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long 
as this area continues to meet the 1997 annual PM2.5 NAAQS.

0
3. In Sec.  52.2527, paragraph (c) is added to read as follows:


Sec.  52.2527  Determination of attainment.

* * * * *
    (c) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Charleston fine particle 
(PM2.5) nonattainment area attained the 1997 annual 
PM2.5 National Ambient Air Quality Standard (NAAQS) by the 
applicable attainment date of April 5, 2010. Therefore, EPA has met the 
requirement pursuant to CAA section 179(c) to determine, based on the 
area's air quality as of the attainment date, whether the area attained 
the standard. EPA also determined that the Charleston PM2.5 
nonattainment area is not subject to the consequences of failing to 
attain pursuant to section 179(d).

[FR Doc. 2011-26093 Filed 10-7-11; 8:45 am]
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