[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Rules and Regulations]
[Pages 73544-73545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29763]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0119; FRL-9759-9]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; The 2002 Base Year Emissions Inventory for the 
Huntington-Ashland, WV-KY-OH Nonattainment Area for the 1997 Fine 
Particulate Matter National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the fine particulate matter 
(PM2.5) 2002 base year emissions inventory portion of the 
West Virginia State Implementation Plan (SIP) revision submitted by the 
State of West Virginia, through the West Virginia Department of 
Environmental Protection (WVDEP), on May 28, 2009. The emissions 
inventory is part of the May 28, 2009 SIP revision that was submitted 
to meet nonattainment requirements related to the West Virginia portion 
of the Huntington-Ashland, WV-KY-OH nonattainment area for the 1997 
PM2.5 National Ambient Air Quality Standard (NAAQS). EPA is 
approving the 2002 base year PM2.5 emissions inventory in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on January 10, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0119. 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. 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: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On October 2, 2012 (77 FR 60085), EPA published a 
notice of proposed rulemaking (NPR) for the State of West Virginia. The 
NPR proposed approval of the 2002 base year emissions inventory portion 
of the West Virginia SIP revision submitted by the State of West 
Virginia on May 28, 2009.

II. Summary of SIP Revision

    The 2002 base year emissions inventory submitted by WVDEP on May 
28, 2009 includes emissions estimates that cover the general source 
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic sources. The pollutants that comprise 
the inventory are nitrogen oxides (NOX), volatile organic 
compounds (VOCs), PM2.5, coarse particles (PM10), 
ammonia (NH3), and sulfur dioxide (SO2). EPA has 
reviewed the results, procedures and methodologies for the base year 
emissions inventory submitted by WVDEP. The year 2002 was selected by 
WVDEP as the base year for the emissions inventory per 40 CFR 
51.1008(b). A discussion of the emissions inventory development as well 
as the emissions inventory can be found in the May 28, 2009 SIP 
submittal and in the NPR. Specific requirements of the base year 
inventory and the rationale for EPA's action are explained in the NPR 
and will not be restated here. No public comments were received on the 
NPR.

III. Final Action

    EPA is approving the 2002 base year PM2.5 emissions 
inventory as a revision to the West Virginia SIP.

IV. 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

[[Page 73545]]

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. 5 U.S.C. 804(2).

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 [Insert date 60 days from date of 
publication of this document in the Federal Register]. 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 PM2.5 
2002 base year emissions inventory portion of the West Virginia SIP 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, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Particulate matter, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

    Dated: November 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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.  52.2520, the table in paragraph (e) is amended by adding at 
the end of the table an entry for 2002 Base Year Emissions Inventory 
for the 1997 fine particulate matter (PM2.5) standard to 
read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

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    Name of non-regulatory  SIP          Applicable            State                               Additional
             revision                  geographic area    submittal date    EPA approval date      explanation
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                                                  * * * * * * *
2002 Base Year Emissions Inventory  West Virginia                5/28/09  12/11/12 [Insert            52.2531(b)
 for the 1997 fine particulate       portion of the                        page number where
 matter (PM2.5) standard.            Huntington-Ashland,                   the document
                                     WV-KY-OH                              begins].
                                     nonattainment area.
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0
3. Sec.  52.2531 is amended by revising the section heading, 
designating the existing paragraph as paragraph (a), and adding 
paragraph (b). The amendments read as follows:


Sec.  52.2531  Base year emissions inventory.

* * * * *
    (b) EPA approves as a revision to the West Virginia State 
Implementation Plan the 2002 base year emissions inventory for the 
Huntington-Ashland, WV-KY-OH fine particulate matter (PM2.5) 
nonattainment area submitted by the West Virginia Department of 
Environmental Protection on May 28, 2009. The 2002 base year emissions 
inventory includes emissions estimates that cover the general source 
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic sources. The pollutants that comprise 
the inventory are nitrogen oxides (NOX), volatile organic 
compounds (VOCs), PM2.5, coarse particles (PM10), 
ammonia (NH3), and sulfur dioxide (SO2).

[FR Doc. 2012-29763 Filed 12-10-12; 8:45 am]
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