[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28264-28266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11184]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0556; FRL-9669-5 ]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Ohio; Determination of Clean Data for the 2006 24-Hour 
Fine Particulate Standard for the Steubenville-Weirton Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making a final determination regarding the two-state 
Steubenville-Weirton, Ohio-West Virginia nonattainment area (hereafter 
referred to as the ``Steubenville-Weirton Area'' or ``Area'') for the 
2006 24-hour fine particulate matter (PM2.5) National 
Ambient Air Quality Standard (NAAQS). EPA is determining that the 
Steubenville-Weirton Area has attained 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 2008-2010 data. EPA's determination suspends the 
obligation of Ohio and West Virginia to submit, with respect to this 
area, attainment demonstrations, associated reasonably available 
control measures (RACM), reasonable further progress plans, contingency 
measures, and other planning State Implementation Plans (SIPs) related 
to attainment of the 2006 PM2.5 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 June 13, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0556. All documents in the docket are listed in 
the 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 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: In Region III, Asrah Khadr, Office of 
Air Program Planning, Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, PA 19103-2023. The telephone number is (215) 
814-2071. Ms. Khadr can also be reached via electronic mail at 
[email protected]. In Region V, Carolyn Persoon, Air Planning and 
Maintenance Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region V, 77 West Jackson Boulevard, Chicago, 
Illinois 60604-3507. Ms. Persoon's telephone number is (312) 353-8290. 
Ms. Persoon can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking?
II. What is the effect of this action?
III. Summary of Public Comment and EPA Response
IV. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is making a final determination that the Steubenville-Weirton 
Area has attained 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 2006 PM2.5 NAAQS based on data for 2008-
2010.
    On October 4, 2011 (76 FR 61291), EPA proposed its determination of 
attainment for the Steubenville-Weirton Area. A discussion of the 
rationale behind this determination and the effect of the determination 
were included in the notice of proposed rulemaking (NPR). One adverse 
comment was submitted in response to EPA's October 4, 2011 NPR (76 FR 
61291). A summary of the comment and EPA's response is provided in 
section III of this document.

II. What is the effect of this action?

    Under the provisions of EPA's PM2.5 implementation rule 
(40 CFR 51.1004(c)), the requirements for the States of Ohio and West 
Virginia to submit, for the Steubenville-Weirton Area, an attainment 
demonstration and associated RACM (including reasonably available 
control technology (RACT)), 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 
Steubenville-Weirton 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 Steubenville-Weirton Area remains 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 Steubenville-Weirton Area.

III. Summary of Public Comment and EPA Response

    Comment: An Ohio resident expressed concern for the air quality in 
the Steubenville-Weirton Area. The resident perceives the air quality 
to be poor and thus questioned how this Area will be free from 
requirements to create plans for air quality improvement. The resident 
also proposed that areas with air quality problems should be subject to 
more stringent standards.
    Response: Since 2006, the States of Ohio and West Virginia, as well 
as the Federal government, have implemented various measures that have 
resulted in cleaner air in the Steubenville-Weirton Area, including, 
the nitrogen oxides (NOX) SIP Call which addressed 
pollutants that can result in acid rain; mobile source engine standards 
leading to a decrease in NOX and direct PM2.5; 
fuel standards decreasing sulfur dioxide (SO2); as well as 
rules affecting SO2 and

[[Page 28265]]

NOX from power plants. These and other measures have 
resulted in a decrease in monitored PM2.5 concentrations in 
the Steubenville-Weirton Area. Questions regarding the stringency of 
existing air standards are not relevant to this determination. The sole 
concern of this determination is whether the Area has attained the 2006 
PM2.5 24-hour standard. Since 2008, based on complete, 
quality assured and certified data, this Area has monitored attainment 
of that standard, set by EPA to protect human health and the 
environment. The Area continues to attain the standard. At this time, 
therefore, no additional attainment planning or measures related to 
attainment of the 2006 PM2.5 24-hour standard are needed. In 
the future, should EPA determine that a violation of the standard 
occurs, the States of Ohio and West Virginia will then be required to 
submit an attainment demonstration, associated RACM, a reasonable 
further progress plan, contingency measures, and other planning SIPs 
related to attainment of the standard.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This action merely makes an attainment determination 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. 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 July 13, 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 Steubenville-Weirton 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, Sulfur oxides, Nitrogen oxides, 
Reporting and recordkeeping requirements.

    Dated: February 15, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.

    Dated: April 18, 2012.
Susan Hedman,
Regional Administrator, Region V.
    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. In Sec.  52.1880, paragraph (r) is added to read as follows:


Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (r) Determination of Attainment. EPA has determined, as of May 14, 
2012, that based on 2008 to 2010 ambient air quality data, the 
Steubenville-Weirton nonattainment area has attained the 24-hour 2006 
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 24-hour 2006 PM2.5 NAAQS.

Subpart XX--West Virginia

0
3. In Sec.  52.2526, paragraph (g) is added to read as follows:


Sec.  52.2526  Control strategy: Particulate matter.

* * * * *
    (g) Determination of Attainment. EPA has determined, as of May 14, 
2012, that based on 2008 to 2010 ambient air quality data, the 
Steubenville-Weirton nonattainment area has attained the 24-hour 2006 
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

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continues to meet the 24-hour 2006 PM2.5 NAAQS.

[FR Doc. 2012-11184 Filed 5-11-12; 8:45 am]
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