[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Rules and Regulations]
[Pages 71450-71452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29767]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0474; FRL-9494-2]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Determination of Clean Data for the 2006 Fine 
Particulate Standard for the Charleston Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making a final determination regarding the Charleston, 
West Virginia nonattainment area (hereafter referred to as the 
``Charleston Area'' or the ``Area'') for the 24-hour 2006 fine 
particulate matter (PM2.5) national ambient air quality 
standard (NAAQS). EPA is determining that the Charleston Area has clean 
data for the 24-hour 2006 PM2.5 NAAQS. This determination is 
based upon complete, quality assured, and certified ambient air 
monitoring data showing that this area has monitored attainment of the 
24-hour 2006 PM2.5 NAAQS based on the 2007-2009 data and 
data available to date for 2010 in EPA's Air Quality System (AQS) 
database. EPA's determination releases the Charleston Area from the 
requirements to submit an attainment demonstration, associated 
reasonably available control measures, a reasonable further progress 
plan, contingency measures, and other planning State Implementation 
Plans (SIPs) related to attainment of the standard for so long as the 
Area continues to meet the 24-hour 2006 PM2.5 NAAQS.

DATES: Effective Date: This final rule is effective on December 19, 
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0474. All documents in the docket are listed in 
the http://www.regulations.gov Web site. 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 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?
II. What is the effect of this action?
III. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is making a final determination that the Charleston Area has 
clean data for the 24-hour 2006 PM2.5 NAAQS. This 
determination is based upon complete, quality assured, and certified 
ambient air monitoring data showing that this area has monitored 
attainment

[[Page 71451]]

of the 2006 PM2.5 NAAQS based on the 2007-2009 data and data 
available to date for 2010 in EPA's AQS database.
    On August 19, 2011 (76 FR 51927), EPA proposed its determination of 
clean data for the Charleston Area. A discussion of the rationale 
behind this determination and the effect of the determination were 
included in the notice of proposed rulemaking. EPA received no comments 
on this notice of proposed rulemaking.

II. What is the effect of this action?

    Under the provisions of EPA's PM2.5 implementation rule 
(See 40 CFR section 51.1004(c)), the requirements for the Charleston 
Area to submit an attainment demonstration and associated reasonably 
available control measures (including reasonably available control 
technology), a reasonable further progress plan, contingency measures, 
and any other planning SIPs related to attainment of the 2006 
PM2.5 NAAQS are suspended for so long as the area continues 
to meet the 24-hour 2006 PM2.5 NAAQS. If EPA subsequently 
determines that this area violates the 24-hour 2006 PM2.5 
NAAQS, the basis for the suspension of the specific requirements, set 
forth at 40 CFR 51.1004(c), would no longer exist and this area would 
thereafter have to address the pertinent requirements.
    This action, does not constitute a redesignation of the Charleston 
Area to attainment of the 24-hour 2006 PM2.5 NAAQS under 
section 107(d)(3) of the Clean Air Act (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 24-hour 2006 PM2.5 NAAQS until such 
time as EPA determines that the Area meets the CAA requirements for 
redesignation to attainment and takes action to redesignate the 
Charleston Area.

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 January 17, 2012. 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 clean data determination for the 24-hour 2006 PM2.5 
NAAQS 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: November 4, 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 (f) is added to read as follows:


Sec.  52.2526  Control strategy: particulate matter.

* * * * *
    (f) Determination of Attainment. EPA has determined, as of November 
18, 2011, that based on 2007 to 2009 ambient air quality data, the 
Charleston nonattainment area has attained the 24-hour 2006 
PM2.5 NAAQS. This determination, in accordance with 40 CFR 
51.1004(c), suspends the requirements for this area to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan,

[[Page 71452]]

contingency measures, and other planning SIPs related to attainment of 
the standard for as long as this area continues to meet the 24-hour 
2006 PM2.5 NAAQS.

[FR Doc. 2011-29767 Filed 11-17-11; 8:45 am]
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