[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Rules and Regulations]
[Pages 75464-75467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30923]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0469; FRL-9498-7]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia and Ohio; Determinations of Attainment of the 1997 Annual 
Fine Particle Standard for the Parkersburg-Marietta and Wheeling 
Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making determinations that the Parkersburg-Marietta, 
West Virginia-Ohio (WV-OH) fine particle (PM2.5) 
nonattainment area and the Wheeling, WV-OH PM2.5 
nonattainment

[[Page 75465]]

area (hereafter referred to as ``Areas'') have attained the 1997 annual 
PM2.5 National Ambient Air Quality Standard (NAAQS) by their 
applicable attainment date of April 5, 2010. These determinations are 
based upon complete, quality-assured, and certified ambient air 
monitoring data for the 2007-2009 monitoring period. EPA is finding 
these Areas to be in attainment, in accordance with the requirements of 
the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on January 3, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0469. 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: Region 3, Irene Shandruk, Office of 
Air Program Planning (3AP30), Environmental Protection Agency, Region 
3, 1650 Arch Street, Philadelphia, PA 19103-2029, (215) 814-2166, 
[email protected]. Region 5, Carolyn Persoon, Control Strategies 
Section, Air Programs Branch (AR-18J), Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
353-8290, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On July 18, 1997 (62 FR 36852), EPA established a 
health-based PM2.5 NAAQS at 15.0 micrograms per cubic meter 
([mu]g/m\3\) based on a 3-year average of annual mean PM2.5 
concentrations (hereafter referred to as ``the annual PM2.5 
NAAQS'' or ``the annual standard''). At that time, EPA also established 
a 24-hour standard of 65 [mu]g/m\3\ (the ``1997 24-hour standard''). 
See, 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA published its air 
quality designations and classifications for the 1997 
p.m.2.5 NAAQS based upon air quality monitoring data from 
those monitors for calendar years 2001-2003. These designations became 
effective on April 5, 2005. The Parkersburg-Marietta, WV-OH and 
Wheeling, WV-OH nonattainment areas were designated nonattainment for 
the 1997 p.m.2.5 NAAQS during this designations process. 
See, 40 CFR 81.349 (West Virginia) and 40 CFR 81.336 (Ohio). The 
Parkersburg-Marietta, WV-OH nonattainment area consists of Wood County, 
WV, the Grant Tax District of Pleasants County, WV, and Washington 
County, OH. The Wheeling, WV-OH nonattainment area consists of Marshall 
County, WV, Ohio County, WV, and Belmont County, OH.
    EPA previously issued determinations of attainment of the 1997 
annual PM2.5 NAAQS for each of these Areas pursuant to 40 
CFR 51.1004(c). These determinations were published in the Federal 
Register on November 20, 2009 (74 FR 60199) and remain in effect.
    Under CAA section 179(c), EPA is required to make a determination 
that a nonattainment area has attained by its applicable attainment 
date, and publish that determination in the Federal Register. The 
determination of attainment is not equivalent to a redesignation, and 
the state must still meet the statutory requirements for redesignation 
in order for the Areas to be redesignated to attainment.
    Complete, quality-assured, and certified PM2.5 air 
quality monitoring data recorded in the EPA Air Quality System (AQS) 
database for 2007-2009, show that the Parkersburg-Marietta, WV-OH and 
Wheeling, WV-OH nonattainment areas attained the 1997 annual 
PM2.5 NAAQS by their applicable attainment date.
    On July 21, 2011 (76 FR 43634), EPA published a notice of proposed 
rulemaking (NPR) for the States of West Virginia and Ohio. The NPR 
proposed to determine that the Parkersburg-Marietta, WV-OH 
PM2.5 nonattainment area and the Wheeling, WV-OH 
PM2.5 nonattainment area have attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010. The proposal is based upon complete, quality-assured, and 
certified ambient air monitoring data for the 2007-2009 monitoring 
period and EPA's determinations are in accordance with EPA's 
PM2.5 Implementation Rule of April 25, 2007 (72 FR 20664). 
One comment was submitted on the July 21, 2011 NPR (76 FR 43634). A 
summary of the comment and EPA's response is provided in section III of 
this document.

II. What is EPA's analysis of the relevant air quality data?

    EPA has reviewed the ambient air monitoring data for 
PM2.5, consistent with the requirements contained in 40 CFR 
part 50 and recorded in the data in the EPA AQS database for the 
Parkersburg-Marietta, WV-OH and Wheeling, WV-OH nonattainment areas for 
the monitoring period from 2007-2009. On the basis of that review, EPA 
is determining that the Areas attained the 1997 annual PM2.5 
NAAQS by the applicable April 5, 2010, attainment date.
    Under EPA regulations at 40 CFR 50.7, the annual primary and 
secondary PM2.5 standards are met when the annual arithmetic 
mean concentrations, as determined in accordance with 40 CFR part 50, 
appendix N, is less than or equal to 15.0 [mu]g/m\3\, at all relevant 
monitoring sites. The values calculated in accordance with 40 CFR part 
50, appendix N, are referred to as design values, and these values are 
used to determine if an area is attaining the PM2.5 NAAQS. 
According to the PM2.5 implementation rule, the attainment 
date for these Areas is April 5, 2010, and the monitoring data from 
2007-2009 is used to determine if the Areas attained by April 5, 2010.
    Tables 1 shows the PM2.5 design values for each monitor 
in the Parkersburg-Marietta, WV-OH nonattainment area and the Wheeling, 
WV-OH nonattainment area, respectively, for the years 2007-2009. All 
2007-2009 design values are below 15.0 [mu]g/m\3\, and all monitors 
meet the data completeness requirements. Therefore, the Parkersburg-
Marietta, WV-OH and Wheeling, WV-OH nonattainment areas attained the 
1997 annual PM2.5 NAAQS by their attainment date.

[[Page 75466]]



  Table 1--Annual PM2.5 Design Values for Parkersburg-Marietta, WV-OH and Wheeling, WV-OH Nonattainment Areas *
----------------------------------------------------------------------------------------------------------------
                                                                                                Certified annual
                                                                                                  design value
                 State                             County                    Monitor ID             2007-2009
                                                                                                  ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
                                           Parkersburg-Marietta, WV-OH
----------------------------------------------------------------------------------------------------------------
West Virginia..........................  Wood County...............  541071002................              13.7
                                         Grant Tax District of       No monitor...............  ................
                                          Pleasants County.
Ohio...................................  Washington County.........  No monitor...............  ................
----------------------------------------------------------------------------------------------------------------
                                                 Wheeling, WV-OH
----------------------------------------------------------------------------------------------------------------
West Virginia..........................  Marshall County...........  540511002................              13.4
                                         Ohio County...............  540690010................              13.2
Ohio...................................  Belmont County............  No monitor...............  ................
----------------------------------------------------------------------------------------------------------------
* The data presented in Table 1 are available at http://www.epa.gov/air/airtrends/values.html.

III. Summary of Public Comment and EPA Response

    Comment: A commenter expressed concern about implementing a new, 
revised standard for ozone and stated that the current 1997 8-hour 
ozone standard should be left in place.
    Response: As stated in the notice of proposed rulemaking, this 
rulemaking concerns EPA's determinations that the Parkersburg-Marietta, 
WV-OH and Wheeling, WV-OH nonattainment areas have attained the 1997 
annual PM2.5 NAAQS. These determinations concern only 
whether these areas meet the 1997 annual PM2.5 standard, and 
do not relate to any other NAAQS. The commenter expressed an opinion as 
to whether the current NAAQS for ozone (the 1997 Ozone NAAQS) should be 
revised. Because the comment does not relate to EPA's proposed 
determination that the Parkersburg-Marietta, WV-OH and Wheeling, WV-OH 
nonattainment areas have attained the 1997 annual PM2.5 
NAAQS, it is not relevant to, and is beyond the scope of this 
rulemaking action.

IV. Final Action

    EPA is finalizing the determinations that the Parkersburg-Marietta, 
WV-OH and Wheeling, WV-OH nonattainment areas have attained the 1997 
annual PM2.5 standard by the applicable attainment date 
(April 5, 2010). These actions meet the requirement pursuant to section 
179(c) of the CAA for EPA to make a determination as to whether the 
Areas attained the standard by the applicable attainment date of April 
5, 2010.
    Finalizing these actions does not constitute a redesignation of the 
Areas to attainment of the 1997 annual PM2.5 NAAQS under 
section 107(d)(3) of the CAA. Further, finalizing these determinations 
does not involve approving maintenance plans for the Areas as required 
under section 175A of the CAA, nor does it find that the Areas have met 
all other requirements for redesignation. The designation status of the 
Parkersburg-Marietta, WV-OH, and Wheeling, WV-OH areas remains 
nonattainment for the 1997 annual PM2.5 NAAQS until such 
time as EPA determines that the Areas meet the CAA requirements for 
redesignation to attainment and EPA acts to redesignate the 
Parkersburg-Marietta, WV-OH, and Wheeling, WV-OH areas.

IV. Statutory and Executive Order Reviews

A. General Requirements

    These actions merely make attainment determinations based on air 
quality data and does not impose any additional requirements. 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.

[[Page 75467]]

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 31, 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 action pertaining to the determinations of attainment for 
the Parkersburg-Marietta, WV-OH and the Wheeling, WV-OH 
PM2.5 nonattainment areas 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: September 27, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
    Dated: October 18, 2011.
Susan Hedman,
Regional Administrator, Region 5.

    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 KK--Ohio

0
2. Section 52.1892 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.1892  Determinations of attainment.

* * * * *
    (d) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Parkersburg-Marietta, WV-
OH and Wheeling, WV-OH fine particle (PM2.5) nonattainment 
areas 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 areas' air quality as of the 
attainment date, whether the areas attained the standard. EPA also 
determined that the Parkersburg-Marietta, WV-OH and Wheeling, WV-OH 
PM2.5 nonattainment areas are not subject to the 
consequences of failing to attain pursuant to section 179(d).

Subpart XX--West Virginia

0
3. Section 52.2527 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.2527  Determinations of attainment.

* * * * *
    (d) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Parkersburg-Marietta, WV-
OH and Wheeling, WV-OH fine particle (PM2.5) nonattainment 
areas 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 areas' air quality as of the 
attainment date, whether the areas attained the standard. EPA also 
determined that the Parkersburg-Marietta, WV-OH and Wheeling, WV-OH 
PM2.5 nonattainment areas are not subject to the 
consequences of failing to attain pursuant to section 179(d).

[FR Doc. 2011-30923 Filed 12-1-11; 8:45 am]
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