[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Proposed Rules]
[Pages 73560-73570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29865]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2012-0386; FRL- 9761-5]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Redesignation of the West Virginia Portion of the 
Parkersburg-Marietta, WV-OH 1997 Annual Fine Particulate Matter (PM2.5) 
Nonattainment Area to Attainment and Approval of the Associated 
Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a redesignation request and State 
Implementation Plan (SIP) revision submitted by the State of West 
Virginia. The West Virginia Department of Environmental Protection 
(WVDEP) is requesting that the West Virginia portion of the 
Parkersburg-Marietta, WV-OH fine particulate matter (PM2.5) 
nonattainment area (Parkersburg-Marietta Area or Area) be redesignated 
as attainment for the 1997 annual PM2.5 national ambient air 
quality standard (NAAQS). The Parkersburg-Marietta Area is comprised of 
Wood County and a portion of Pleasants County in West Virginia (West 
Virginia portion of the Area); and Washington County in Ohio. In this 
rulemaking action, EPA is proposing to approve the PM2.5 
redesignation request for the West Virginia portion of the Parkersburg-
Marietta Area. EPA is also proposing to approve the maintenance plan 
SIP revision that the State submitted in conjunction with its 
redesignation request. The maintenance plan provides for continued 
attainment of the 1997 annual PM2.5 NAAQS for 10 years after 
redesignation of the West Virginia portion of the Area. The maintenance 
plan includes an insignificance determination for the on-road motor 
vehicle contribution of PM2.5, nitrogen oxides 
(NOX), and sulfur dioxide (SO2) for the West 
Virginia portion of the Area for purposes of transportation conformity. 
EPA is proposing to find that West Virginia's insignificance 
determination for transportation conformity is adequate.\1\ EPA is also 
proposing to find that the Area continues to attain the standard. This 
action to propose approval of the 1997 annual PM2.5 NAAQS 
redesignation request, maintenance plan, and insignificance 
determination for transportation conformity for the West Virginia 
portion of the Area is based on EPA's determination that the Area has 
met the criteria for redesignation to attainment specified in the Clean 
Air Act (CAA). EPA is taking separate action to propose redesignation 
of the Ohio portion of the Parkersburg-Marietta Area.
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    \1\ On November 5, 2012, EPA initiated the comment period for 
this proposed insignificance determination on the Office of 
Transportation and Air Quality (OTAQ) web site http://www.epa.gov/otaq/stateresources/transconf/currsips.htm) in order to allow for a 
full 30 day public comment period in conjunction with this proposed 
rulemaking action.

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DATES: Written comments must be received on or before January 10, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0386 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected]
    C. Mail: EPA-R03-OAR-2012-0386, Donna Mastro, Acting Associate 
Director, Office of Air Quality Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0386. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in www.regulations.gov or 
in hard copy 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.

[[Page 73561]]


FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by 
e-mail at [email protected].

Table of Contents

I. Summary of Actions
II. Background
III. Criteria for Redesignation to Attainment
IV. Reasons for Proposing These Actions
V. Effect of These Proposed Actions
VI. Analysis of West Virginia's Redesignation Request
VII. Analysis of West Virginia's Transportation Conformity 
Insignificance Determination for the Parkersburg-Marietta Area
VIII. Proposed Actions
IX. Statutory and Executive Order Reviews

I. Summary of Actions

    On March 5, 2012, the State of West Virginia through WVDEP formally 
submitted a request to redesignate the West Virginia portion of the 
Area from nonattainment to attainment of the 1997 annual 
PM2.5 NAAQS. Concurrently, West Virginia submitted a 
maintenance plan for the Area as a SIP revision to ensure continued 
attainment throughout the Area over the next 10 years.
    EPA is proposing to take several actions related to redesignation 
of the West Virginia portion of the Area to attainment for the 1997 
annual PM2.5 NAAQS. EPA is proposing to find that the West 
Virginia portion of the Area meets the requirements for redesignation 
of the PM2.5 NAAQS under section 107(d)(3)(E) of the CAA. 
EPA is thus proposing to approve West Virginia's request to change the 
legal definition of the West Virginia portion of the Area from 
nonattainment to attainment for the 1997 annual PM2.5 NAAQS. 
This action does not impact the legal definition of the Ohio portion of 
the area. EPA is taking separate action to redesignate the Ohio 
portion.
    EPA is also proposing to approve the maintenance plan for the West 
Virginia portion of the Area as a revision to the West Virginia SIP. 
Such approval is one of the CAA criteria for redesignation of an area 
to attainment. The maintenance plan is designed to ensure continued 
attainment in the West Virginia portion of the Area for 10 years after 
redesignation. The maintenance plan includes an insignificance 
determination for the on-road motor vehicle contribution of 
PM2.5, NOX and SO2 in the West 
Virginia portion of the Area for transportation conformity purposes. 
EPA has determined that the on-road motor vehicle insignificance 
finding that is included as part of West Virginia's maintenance plan 
for the 1997 annual PM2.5 NAAQS is adequate, and is 
proposing to approve the insignificance determination. EPA's analysis 
of these proposed actions is discussed in Sections VI and VII of 
today's proposed rulemaking.

II. Background

A. General

    The first air quality standards for PM2.5 were 
established on July 18, 1997. 62 FR 38652 (July 18, 1997). EPA 
promulgated an annual standard at a level of 15 micrograms per cubic 
meter ([mu]g/m\3\), based on a three-year average of annual mean 
PM2.5 concentrations. In the same rulemaking, EPA 
promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a three-year 
average of the 98th percentile of 24-hour concentrations. On October 
17, 2006, at 71 FR 61144, EPA retained the annual average standard at 
15 [mu]g/m\3\ but revised the 24-hour standard to 35 [mu]g/m\3\, based 
again on the three-year average of the 98th percentile of 24-hour 
concentrations.
    On January 5, 2005, at 70 FR 944, as supplemented on April 14, 
2005, at 70 FR 19844, EPA designated the Parkersburg-Marietta Area as 
nonattainment for the 1997 p.m.2.5 air quality standards. 
The Parkersburg-Marietta Area is comprised of Wood County and the Grant 
tax district in Pleasants County, West Virginia, and Washington County 
in Ohio. On November 13, 2009, at 74 FR 58688, EPA promulgated 
designations for the 24-hour standard set in 2006, designating the 
Parkersburg-Marietta Area as attaining this standard. In that action, 
EPA also clarified the designations for the NAAQS promulgated in 1997, 
stating that the Parkersburg-Marietta Area remained designated 
nonattainment for the 1997 annual PM2.5 standard, but was 
designated attainment for the 1997 24-hour standard. Today's action 
therefore does not address attainment of either the 1997 or the 2006 
24-hour NAAQS.
    In response to legal challenges of the annual standard promulgated 
in 2006, the DC Circuit remanded the 2006 annual standard to EPA for 
further consideration. See American Farm Bureau Federation and National 
Pork Producers Council, et al. v. EPA, 559 F.3d 512 (DC Cir. 2009). 
However, given that the 1997 and 2006 annual standards are essentially 
identical, attainment of the 1997 annual standard would also indicate 
attainment of the remanded 2006 annual standard. Since the Parkersburg-
Marietta Area is designated nonattainment only for the annual standard 
promulgated in 1997, today's action addresses redesignation to 
attainment only for this standard.
    In a final rulemaking action dated December 2, 2011, at 76 FR 
75464, EPA determined, pursuant to CAA section 179(c), that the entire 
Parkersurg-Marietta Area is attaining the 1997 annual PM2.5 
NAAQS. This determination of attainment was based upon complete, 
quality-assured and certified ambient air quality monitoring data for 
the period of 2007--2009 showing that the area had attained the NAAQS 
by its applicable attainment date of April 5, 2010.

B. Clean Air Interstate Rule (CAIR) and Cross State Air Pollution Rule 
(CSAPR or the Transport Rule)

    On May 12, 2005, EPA published CAIR, which requires significant 
reductions in emissions of SO2 and NOX from 
electric generating units to limit the interstate transport of these 
pollutants and the ozone and fine particulate matter they form in the 
atmosphere. See 70 FR 25162. The DC Circuit initially vacated CAIR, 
North Carolina v. EPA, 531 F.3d 896 (DC Cir. 2008), but ultimately 
remanded the rule to EPA without vacatur to preserve the environmental 
benefits provided by CAIR. See North Carolina v. EPA, 550 F.3d 1176, 
1178 (DC Cir. 2008). In response to the court's decision, EPA issued 
the Transport Rule, also known as CSAPR, to address interstate 
transport of NOX and SO2 in the eastern United 
States. See 76 FR 48208 (August 8, 2011). On August 21, 2012, the DC 
Circuit issued a decision to vacate the Transport Rule. In that 
decision, it also ordered EPA to continue administering CAIR ``pending 
the promulgation of a valid replacement.'' EME Homer City Generation, 
L.P. v. EPA, No. 11-1302 (DC Cir., August 21, 2012).\2\
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    \2\ The court's judgment is not final, as of November 20, 2012, 
as the mandate has not yet been issued.
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    In light of the above and as explained below, EPA proposes to 
approve the redesignation request for Wood County and the Grant tax 
district in Pleasants County, West Virginia, and the related 
maintenance plan SIP revision for maintaining attainment of the 1997 
annual PM2.5 NAAQS in the West Virginia portion of the Area. 
The air quality modeling analysis conducted for the Transport Rule 
demonstrates that the Parkersburg-Marietta Area would be able to attain 
the 1997 annual PM2.5 NAAQS even in the absence of either 
CAIR or the Transport Rule. See ``Air Quality Modeling Final Rule 
Technical Support Document,'' App. B, B-115 to B-134. This modeling is 
available in the docket for the Transport Rule rulemaking. See FDMS 
Docket ID No.

[[Page 73562]]

EPA-HQ-OAR-2009-0491. Nothing in the DC Circuit's August 21, 2012 
decision disturbs or calls into question that conclusion or the 
validity of the air quality analysis on which it is based.
    In addition, CAIR remains in place and enforceable until 
substituted by a ``valid'' replacement rule. West Virginia's SIP 
revision lists CAIR as a control measure that became State-effective on 
May 1, 2008 and was approved by EPA on August 4, 2009 for the purpose 
of reducing SO2 and NOX emissions. The monitoring 
data used to demonstrate the Area's attainment of the 1997 annual 
PM2.5 NAAQS by the April 2010 attainment deadline was also 
impacted by CAIR. To the extent that the State is relying on CAIR in 
its maintenance plan, the recent directive from the DC Circuit in EME 
Homer City ensures that the reductions associated with CAIR will be 
permanent and enforceable for the necessary time period. EPA has been 
ordered by the Court to develop a new rule, and the opinion makes clear 
that after promulgating that new rule EPA must provide states an 
opportunity to draft and submit SIPs to implement that rule. CAIR thus 
cannot be replaced until EPA has promulgated a final rule through a 
notice-and-comment rulemaking process, states have had an opportunity 
to draft and submit SIPs, EPA has reviewed the SIPs to determine if 
they can be approved, and EPA has taken action on the SIPs, including 
promulgating a FIP if appropriate. These steps alone will take many 
years, even with EPA and the states acting expeditiously. The Court's 
clear instruction to EPA that it must continue to administer CAIR until 
a ``valid replacement'' exists provides an additional backstop; by 
definition, any rule that replaces CAIR and meets the Court's direction 
would require upwind states to eliminate significant downwind 
contributions.
    Further, in vacating the Transport Rule and requiring EPA to 
continue administering CAIR, the D.C. Circuit emphasized that the 
consequences of vacating CAIR ``might be more severe now in light of 
the reliance interests accumulated over the intervening four years.'' 
EME Homer City, slip op. at 60. The accumulated reliance interests 
include the interests of states who reasonably assumed they could rely 
on reductions associated with CAIR which brought certain nonattainment 
areas into attainment with the NAAQS. If EPA were prevented from 
relying on reductions associated with CAIR in redesignation actions, 
states would be forced to impose additional, redundant reductions on 
top of those achieved by CAIR. EPA believes this is precisely the type 
of irrational result the court sought to avoid by ordering EPA to 
continue administering CAIR. For these reasons also, EPA believes it is 
appropriate to allow states to rely on CAIR, and the existing emissions 
reductions achieved by CAIR, as sufficiently permanent and enforceable 
pending a valid replacement rule for purposes such as redesignation. 
Following promulgation of the replacement rule, EPA will review SIPs as 
appropriate to identify whether there are any issues that need to be 
addressed.

III. Criteria for Redesignation to Attainment

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation providing that:
    1. EPA determines that the area has attained the applicable NAAQS;
    2. EPA has fully approved the applicable implementation plan for 
the area under section 110(k);
    3. EPA determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions;
    4. EPA has fully approved a maintenance plan for the area as 
meeting the requirements of CAA section 175A; and
    5. The state containing such area has met all requirements 
applicable to the area under CAA section 110 and Part D.
    EPA has provided guidance on redesignation in the General Preamble 
for the Implementation of title I of the CAA Amendments of 1990 (57 FR 
13498 (April 16, 1992)) (supplemented by 57 FR 18070 (April 28, 1992)) 
and has provided further guidance on processing redesignation requests 
in the following documents:
    1. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereafter referred to as the 
``Calcagni Memorandum'');
    2. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992; and
    3. ``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994.

IV. Reasons for Taking These Actions

    On March 5, 2012, the WVDEP requested redesignation of the West 
Virginia portion of the Area to attainment for the 1997 annual 
PM2.5 standard. As a part of the redesignation request, 
WVDEP submitted a maintenance plan for the West Virginia portion of the 
Area as a SIP revision, to ensure continued attainment of the 1997 
annual PM2.5 NAAQS over the next 10 years. EPA has 
determined that the Parkersburg-Marietta Area has attained the 1997 
annual PM2.5 standard and that West Virginia has met the 
requirements set forth in CAA section 107(d)(3)(E) for redesignation of 
the West Virginia portion of the Area.

V. Effect of These Proposed Actions

    Final approval of the redesignation request would change the 
official designation of the West Virginia portion of the Area for the 
1997 annual PM2.5 NAAQS, found at 40 CFR part 81, from 
nonattainment to attainment. It would incorporate into the West 
Virginia SIP a maintenance plan ensuring continued attainment of the 
1997 annual PM2.5 NAAQS in the Area for the next 10 years. 
The maintenance plan includes, among other components, contingency 
measures to remedy any future violations of the 1997 annual 
PM2.5 NAAQS (should they occur). Approval of the maintenance 
plan would also result in approval of the insignificance determination 
for PM2.5, NOX, and SO2 for 
transportation conformity purposes in the West Virginia portion of the 
Area.

VI. Analysis of West Virginia's Redesignation Request

    EPA proposes to redesignate the West Virginia portion of the Area 
to attainment for the 1997 annual PM2.5 NAAQS and to approve 
into the West Virginia SIP the 1997 annual PM2.5 NAAQS 
maintenance plan for the West Virginia portion of the Area. These 
actions are based upon EPA's determination that the Area continues to 
attain the 1997 annual PM2.5 NAAQS and that all other 
redesignation criteria have been met for the West Virginia portion of 
the Area, provided EPA approves the base year emissions inventory that 
has been proposed in a separate rulemaking action. See 77 FR 60087 
(Oct. 2, 2012). The following is a description of how the WVDEP March 
5, 2012 submittal satisfies the requirements of section 107(d)(3)(E) of 
the CAA.

[[Page 73563]]

1. Attainment

    As noted above, in a final rulemaking action dated December 2, 
2011, at 76 FR 75464, EPA determined, pursuant to CAA section 179(c), 
that the entire Parkersburg-Marietta Area is attaining the 1997 annual 
PM2.5 NAAQS. This determination of attainment was based upon 
complete, quality-assured and certified ambient air quality monitoring 
data for the period of 2007-2009 showing that the Area had attained the 
NAAQS by its applicable attainment date of April 5, 2010. Further 
discussion of pertinent air quality issues underlying this 
determination was provided in the notice of proposed rulemaking for 
EPA's determination of attainment for this Area, published on July 21, 
2011 (76 FR 43634). EPA has reviewed more recent data in its Air 
Quality System (AQS) database, including certified, quality-assured 
data for the monitoring periods 2008-2010 and 2009-2011. This data, 
shown on Table 1, shows that the Parkersburg-Marietta Area continues to 
attain the 1997 annual PM2.5 NAAQS (see the rulemaking 
docket for Parkersburg-Marietta Area AQS reports). In addition, as 
discussed below with respect to the maintenance plan, WVDEP has 
committed to continue monitoring in accordance with 40 CFR part 58. In 
summary, EPA has determined that the data submitted by West Virginia 
and data taken from AQS indicate that the Parkersburg-Marietta Area has 
attained and continues to attain the 1997 annual PM2.5 
NAAQS.

 Table 1--Design Value Concentrations for the Parkersburg-Marietta Area for the 1997 Annual PM2.5 NAAQS ([mu]g/
                                        m\3\) for 2008-2010 and 2009-2011
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                                                                          3-Year Annual Design Values
              County                       Monitor ID        ---------------------------------------------------
                                                                      2008-2010                 2009-2011
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Wood County, WV...................                541071002                      13.1                      12.3
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Note: There are no PM2.5 monitors in the Ohio portion of the nonattainment area.

2. The Area Has Met All Applicable Requirements Under Section 110 and 
Part D of the CAA and Has a Fully Approved SIP Under Section 110(k) of 
the CAA

    EPA has determined that the West Virginia portion of the Area has 
met all SIP requirements applicable for purposes of this redesignation 
under section 110 of the CAA (General SIP Requirements) and that, upon 
final approval of the 2002 base year inventory as discussed in section 
VI, it will have met all applicable SIP requirements under Part D of 
Title I of the CAA, in accordance with CAA section 107(d)(3)(E)(v). In 
addition, EPA is proposing to find that all applicable requirements of 
the West Virginia SIP for purposes of redesignation have been approved 
in accordance with CAA section 107(d)(3)(E)(ii). In making these 
proposed determinations, EPA ascertained which SIP requirements are 
applicable for purposes of redesignation of this Area and concluded 
that the applicable portions of the SIP meeting these requirements are 
fully approved under section 110(k) of the CAA. EPA notes that SIPs 
must be fully approved only with respect to applicable requirements.
a. CAA Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general 
requirements for a SIP, which include enforceable emissions limitations 
and other control measures, means, or techniques, provisions for the 
establishment and operation of appropriate devices necessary to collect 
data on ambient air quality, and programs to enforce the limitations. 
The general SIP elements and requirements set forth in section 
110(a)(2) include, but are not limited to, the following:
     Submittal of a SIP that has been adopted by the state 
after reasonable public notice and hearing;
     Provisions for establishment and operation of appropriate 
procedures needed to monitor ambient air quality;
     Implementation of a source permit program; provisions for 
the implementation of Part C requirements (Prevention of Significant 
Deterioration (PSD));
     Provisions for the implementation of Part D requirements 
for New Source Review (NSR) permit programs;
     Provisions for air pollution modeling; and
     Provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain certain 
measures to prevent sources in a state from significantly contributing 
to air quality problems in another state. To implement this provision 
for various NAAQS, EPA has required certain states to establish 
programs to address transport of air pollutants in accordance with the 
NOX SIP Call (63 FR 57356 (Oct. 27, 1998)), amendments to 
the NOX SIP Call (64 FR 26298 (May 14, 1999) and 65 FR 11222 
(March 2, 2000)), and CAIR (70 FR 25162 (May 12, 2005)). However, the 
CAA section 110(a)(2)(D) requirements for a state are not linked with a 
particular nonattainment area's designation and classification in that 
state. EPA believes that the requirements linked with a particular 
nonattainment area's designation and classifications are the relevant 
measures to evaluate in reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a state regardless of the designation of any one particular 
area in the state. Thus, EPA does not believe that these requirements 
are applicable requirements for purposes of redesignation.
    In addition, EPA believes that the other CAA section 110(a)(2) 
elements not connected with nonattainment plan submissions and not 
linked with an area's attainment status are not applicable requirements 
for purposes of redesignation. The Area will still be subject to these 
requirements after it is redesignated. EPA concludes that the CAA 
section 110(a)(2) and Part D requirements which are linked with a 
particular area's designation and classification are the relevant 
measures to evaluate in reviewing a redesignation request, and that CAA 
section 110(a)(2) elements not linked to the area's nonattainment 
status are not applicable for purposes of redesignation. This approach 
is consistent with EPA's existing policy on applicability of conformity 
(i.e., for redesignations) and oxygenated fuels requirement. See 
Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174 
(October 10, 1996)), (62 FR 24826 (May 7, 1997)); Cleveland-Akron-
Lorain, Ohio final rulemaking (61 FR 20458 (May 7, 1996)); and Tampa, 
Florida, final rulemaking (60 FR 62748 (December 7, 1995)). See also 
the discussion on this issue in the Cincinnati redesignation (65

[[Page 73564]]

FR at 37890 (June 19, 2000)) and in the Pittsburgh redesignation (66 FR 
at 53099 (Oct. 19, 2001)).
    EPA has reviewed the West Virginia SIP and have concluded that it 
meets the general SIP requirements under section 110(a)(2) of the CAA 
to the extent they are applicable for purposes of redesignation. EPA 
has previously approved provisions of West Virginia's SIP addressing 
section 110(a)(2) requirements, including provisions addressing 
PM2.5. See 76 FR 47062 (August 4, 2011). These requirements 
are, however, statewide requirements that are not linked to the 
PM2.5 nonattainment status of the Parkersburg-Marietta Area. 
Therefore, EPA believes that these SIP elements are not applicable 
requirements for purposes of review of the State's PM2.5 
redesignation request.
b. Part D Nonattainment Requirements Under the Standard
    Subpart 1 of Part D, sections 172 to 175 of the CAA, set forth the 
basic nonattainment plan requirements applicable to PM2.5 
nonattainment areas. Under CAA section 172, states with nonattainment 
areas must submit plans providing for timely attainment and must meet a 
variety of other requirements. On September 9, 2008, WVDEP submitted an 
attainment plan and base year inventory for the West Virginia portion 
of the Area to meet its part D requirements. On November 20, 2009, at 
74 FR 60199, EPA made a determination that the Parkersburg-Marietta 
Area was attaining the 1997 annual PM2.5 NAAQS. Pursuant to 
40 CFR 51.1004(c), upon a determination by EPA that an area designated 
nonattainment for the PM2.5 NAAQS has attained the standard, 
the requirement for such an area to submit an attainment demonstration 
and associated reasonably available control measures (RACM), a 
reasonable further progress plan (RFP), contingency measures, and other 
planning SIPs related to the attainment of the PM2.5 NAAQS 
are suspended until the area is redesignated to attainment or EPA 
determines that the area has again violated the PM2.5 NAAQS, 
at which time such plans are required to be submitted. The September 9, 
2008 submittal is relevant to this proposed action to redesignate the 
West Virginia portion of the Area only with respect to the base year 
inventory that was submitted with the attainment plan. In a separate 
rulemaking action, as detailed below, EPA has proposed approval of the 
base year inventory, which, upon final approval, will meet the 
requirements of CAA section 172(c)(3), one of the criteria for 
redesignation. See 77 FR 60087 (October 2, 2012).
    The General Preamble for Implementation of Title I also discusses 
the evaluation of these requirements in the context of EPA's 
consideration of a redesignation request. The General Preamble sets 
forth EPA's view of applicable requirements for purposes of evaluating 
redesignation requests when an area is attaining the standard. See 
General Preamble for Implementation of Title I (57 FR 13498 (April 16, 
1992)).
    Because attainment has been reached for the Area, no additional 
measures are needed to provide for attainment, and CAA section 
172(c)(1) requirements for an attainment demonstration and RACM are no 
longer considered to be applicable for purposes of redesignation as 
long as the area continues to attain the standard until redesignation. 
See also 40 CFR 51.1004(c). The RFP requirement under CAA section 
172(c)(2) and contingency measures requirement under CAA section 
172(c)(9) are similarly not relevant for purposes of redesignation.
    Section 172(c)(3) of the CAA requires submission of a 
comprehensive, accurate, and current inventory of actual emissions. As 
part of West Virginia's attainment plan submittal, the State submitted 
a 2002 emissions inventory. On November 20, 2009 (74 FR 60199), EPA 
determined that the Parkersburg-Marietta Area was attaining the 1997 
annual PM2.5 NAAQS, based on complete, quality-assured data 
for the period of 2007-2009. That rulemaking action suspended certain 
planning requirements related to attainment, including the RACT/RACM 
requirement of section 172(c)(1), the RFP requirement of CAA section 
172(c)(2), the attainment demonstration requirement of CAA section 
172(c)(3), and the requirement for contingency measures in CAA section 
172(c)(9). As a result of the determination of attainment, the only 
remaining requirement under CAA section 172 to be considered for 
purposes of redesignation of the West Virginia portion of the Area is 
the emissions inventory required under CAA section 172(c)(3). On 
October 2, 2012 (77 FR 60087), EPA proposed approval of the base year 
inventory for the West Virginia portion of the Area for the 1997 annual 
PM2.5 NAAQS. An evaluation of West Virginia's 2002 base year 
inventory for the West Virginia portion of the Area is provided in the 
Technical Support Document (TSD) prepared by EPA for that rulemaking 
action. See Docket ID No. EPA-R03-OAR-2010-0077. In that action, EPA 
determined that the emissions inventory and emissions statement 
requirements for the West Virginia portion of the Area have been 
satisfied, and proposed to approve the inventory as meeting the 
requirements of CAA section 172(c)(3). Final approval of the emissions 
inventory in that separate rulemaking action will satisfy the emissions 
inventory requirement for redesignation under CAA section 172(c)(3).
    Section 172(c)(4) of the CAA requires the identification and 
quantification of allowable emissions for major new and modified 
stationary sources in an area, and CAA section 172(c)(5) requires 
source permits for the construction and operation of new and modified 
major stationary sources anywhere in the nonattainment area. EPA has 
determined that, since prevention of significant deterioration (PSD) 
requirements will apply after redesignation, areas being redesignated 
need not comply with the requirement that a nonattainment new source 
review (NSR) program be approved prior to redesignation, provided that 
the area demonstrates maintenance of the NAAQS without part D NSR. A 
more detailed rationale for this view is described in a memorandum from 
Mary Nichols, Assistant Administrator for Air and Radiation, dated 
October 14, 1994, entitled, ``Part D New Source Review Requirements for 
Areas Requesting Redesignation to Attainment.'' Nevertheless, West 
Virginia currently has an approved NSR program, codified in 45 CSR 19. 
See 71 FR 64468 (November 2, 2006) (approving NSR program into the 
SIP). See also 77 FR 63736 (October 17, 2012) (approving revisions to 
West Virginia's PSD program). However, the State's PSD program for 
annual PM2.5 will become effective in the Parkersburg-
Marietta Area upon redesignation to attainment.
    Section 172(c)(6) of the CAA requires the SIP to contain control 
measures necessary to provide for attainment of the standard. Because 
attainment has been reached, no additional measures are needed to 
provide for attainment.
    Section 172(c)(7) of the CAA requires the SIP to meet the 
applicable provisions of CAA section 110(a)(2). As noted previously, 
EPA believes the West Virginia SIP meets the requirements of CAA 
section 110(a)(2) applicable for purposes of redesignation.
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that Federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects that are developed, funded or

[[Page 73565]]

approved under title 23 of the United States Code (U.S.C.) and the 
Federal Transit Act (transportation conformity) as well as to all other 
Federally supported or funded projects (general conformity). State 
transportation conformity SIP revisions must be consistent with Federal 
conformity regulations relating to consultation, enforcement and 
enforceability which EPA promulgated pursuant to its authority under 
the CAA.
    EPA interprets the conformity SIP requirements as not applying for 
purposes of evaluating a redesignation request under CAA section 107(d) 
because state conformity rules are still required after redesignation, 
and Federal conformity rules apply where state rules have not been 
approved. See Wall v. EPA, 265 F. 3d 426 (6th Cir. 2001) (upholding 
this interpretation); see also 60 FR 62748 (Dec. 7, 1995) (discussing 
Tampa, Florida). Thus, EPA determines that the West Virginia portion of 
the Area has satisfied all applicable requirements for purposes of 
redesignation under CAA section 110, and, upon final approval of the 
2002 base year inventory proposed on October 2, 2012, will have 
satisfied all applicable requirements under part D of title I of the 
CAA.
c. The West Virginia Portion of the Area Has a Fully Approved 
Applicable SIP Under Section 110(k) of the CAA
    Upon final approval of the 2002 base year inventory, as proposed in 
the October 2, 2012 rulemaking action, EPA will have fully approved the 
West Virginia portion of the Area under section 110(k) of the CAA for 
all requirements applicable for purposes of redesignation to attainment 
for the 1997 annual PM2.5 standard. Therefore, upon final 
approval of the 2002 base year emissions inventory, EPA will have 
approved all part D title 1 requirements applicable for purposes of 
this redesignation for the West Virginia portion of the Area.

3. The Air Quality Improvement in the West Virginia portion of the Area 
is Due to Permanent and Enforceable Reductions in Emissions Resulting 
From Implementation of the SIP and Applicable Federal Air Pollution 
Control Regulations and Other Permanent and Enforceable Reductions

    For redesignating a nonattainment area to attainment, CAA section 
107(d)(3)(E)(iii) requires EPA to determine that the air quality 
improvement in the area is due to permanent and enforceable reductions 
in emissions resulting from implementation of the SIP and applicable 
Federal air pollution control regulations and other permanent and 
enforceable reductions. EPA believes that West Virginia has 
demonstrated that the observed air quality improvement in the West 
Virginia portion of the Area is due to permanent and enforceable 
reductions in emissions resulting from implementation of the SIP, 
Federal measures, and other state-adopted measures. In making this 
demonstration, West Virginia has calculated the change in emissions 
between 2005, one of the years used to designate the Area as 
nonattainment, and 2008, one of the years for which the Area monitored 
attainment, shown in Table 2.

  Table 2--Comparison of the 2005 Base Year and 2008 Attainment Year for the Parkersburg-Marietta Area, in Tons
                                                 Per Year (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                       2005            2008          Decrease
----------------------------------------------------------------------------------------------------------------
SO2..............................  Electric Generating Units             193,253         149,152          44,101
                                    (EGUs).
                                   Non-EGUs.....................          16,056           9,724           6,332
                                   Area Sources.................             748             544             204
                                   Locomotive & Marine..........             112              75              37
                                   Onroad.......................              59              19              40
                                   Nonroad......................              73              21              52
NOX..............................  EGUs.........................          28,455          25,420           3,035
                                   Non-EGU......................           3,332           2,958             374
                                   Area Sources.................             911             587             324
                                   Locomotive & Marine..........           1,926           1,307             619
                                   Onroad.......................           5,201           4,412             789
                                   Nonroad......................             841             727             114
PM2.5............................  EGUs.........................           1,745           1,680              65
                                   Non-EGU......................             848             804              44
                                   Area Sources.................            1101             944             157
                                   Locomotive & Marine..........              64              39              25
                                   Onroad.......................             173             143              30
                                   Nonroad......................              75              66               9
----------------------------------------------------------------------------------------------------------------

    The reduction in emissions and the corresponding improvement in air 
quality over this time period can be attributed to a number of Federal 
and other measures that the Parkersburg-Marietta Area and contributing 
areas have implemented in recent years.
a. Federal Measures Implemented
    Reductions in PM2.5 precursor emissions have occurred 
statewide and in upwind states as a result of Federal emission control 
measures with additional emission reductions expected to occur in the 
future. Federal emission control measures include the following:
(1) Tier 2 Emission Standards for Vehicles and Gasoline Sulfur 
Standards
    These emission control requirements result in lower NOX 
and SO2 emissions from new cars and light duty trucks, 
including sport-utility vehicles. The Federal rules were phased in 
between 2004 and 2009. EPA has estimated that, after phasing in the new 
requirements, new vehicles emit less NOX in the following 
percentages: Passenger cars and light duty vehicles--77 percent; light 
duty trucks, minivans, and sports utility vehicles--86 percent; and 
larger sports utility vehicles, vans, and heavier trucks--69 to 95 
percent. EPA expects fleet wide average emissions to decline by similar 
percentages as new vehicles replace older vehicles. The Tier 2 
standards also reduced the sulfur content of gasoline to 30 parts per

[[Page 73566]]

million (ppm) beginning in January 2006, which reflects up to a 90 
percent reduction in sulfur content.
(2) Heavy-Duty Diesel Engine Rule
    EPA issued this rule in July 2000. This rule includes standards 
limiting the sulfur content of diesel fuel, which went into effect in 
2004. A second phase took effect in 2007 which reduced PM2.5 
emissions from heavy-duty highway engines and further reduced the 
highway diesel fuel sulfur content to 15 ppm. The total program is 
estimated to achieve a 90 percent reduction in direct PM2.5 
emissions and a 95 percent reduction in NOX emissions for 
these new engines using low sulfur diesel, compared to existing engines 
using higher sulfur diesel fuel. The reduction in fuel sulfur content 
also yielded an immediate reduction in sulfate particle emissions from 
all diesel vehicles.
(3) Nonroad Diesel Rule
    In May 2004, EPA promulgated a new rule for large nonroad diesel 
engines, such as those used in construction, agriculture, and mining, 
to be phased in between 2008 and 2014. The rule also reduces the sulfur 
content in nonroad diesel fuel by over 99 percent. Prior to 2006, 
nonroad diesel fuel averaged approximately 3,400 ppm sulfur. This rule 
limited nonroad diesel sulfur content to 500 ppm by 2006, with a 
further reduction to 15 ppm by 2010.
b. Controls on PM2.5 Precursors
    The Parkersburg-Marietta Area's air quality is strongly affected by 
regulation of SO2 and NOX from power plants. EPA 
promulgated the NOX SIP Call, CAIR, and CSAPR to address 
SO2 and NOX emissions from electric generating 
units (EGUs) and certain non-EGUs across the eastern United States. The 
affected EGUs in the West Virginia portion of the Area are the 
Pleasants Power Station, Willow Island Power Station, and Pleasants 
Energy. Additionally, because PM2.5 concentrations in the 
Area are impacted by the transport of sulfates and nitrates, the Area's 
air quality is affected by SO2 and NOX emissions 
from power plants in states in the region that significantly contribute 
to the Area. EPA reviewed SO2 and NOX emissions 
from EGUs in states that contribute to the Area, which show that states 
impacting the Area reduced SO2 and NOX emissions 
from EGUs by 1,426,166 tpy and 619,601 tpy, respectively, between 2002 
and 2008, continuing the generally downward trend of SO2 and 
NOX emissions from these states. Information on the 
reductions made by states that contribute to the Area is available at 
the Air Markets Program Data (AMPD) \3\ database at http://ampd.epa.gov/ampd/.
---------------------------------------------------------------------------

    \3\ Formerly the Clean Air Markets Program (CAMD) database.
---------------------------------------------------------------------------

(1) NOX SIP Call
    EPA issued the NOX SIP Call in 1998 pursuant to the CAA 
to require 22 states and the District of Columbia to reduce 
NOX emissions from large EGUs and large non-EGUs such as 
industrial boilers, internal combustion engines, and cement kilns. (63 
FR 57356, October 27, 1998). EPA approved West Virginia's Phase I 
NOX SIP Call rule in 2002 and Phase II in 2006. Emission 
reductions resulting from regulations developed in response to the 
NOX SIP Call are permanent and enforceable.
(2) CAIR and CSAPR
    EPA approved West Virginia's CAIR rules in 2009 (74 FR 38536, 
August 4, 2009). The maintenance plan for the West Virginia portion of 
the Area thus lists CAIR as a control measure for the purpose of 
reducing SO2 and NOX emissions from EGUs.
    As previously discussed, the D.C. Circuit's 2008 remand of CAIR 
left the rule in place to ``temporarily preserve the environmental 
values covered by CAIR'' until EPA replaced it with a rule consistent 
with the court's opinion, and the court's August 2012 decision on the 
Transport Rule also left CAIR in effect until the legal challenges to 
the Transport Rule are resolved. As noted, EPA believes it is 
appropriate to allow states to rely on CAIR, and the existing emissions 
reductions achieved by CAIR, as sufficiently permanent and enforceable 
pending a valid replacement rule, for purposes such as redesignation.
    Furthermore, as previously discussed, the air quality modeling 
analysis conducted for the Transport Rule demonstrates that the 
Parkersburg-Marietta Area would be able to attain the 1997 annual 
PM2.5 NAAQS even in the absence of either CAIR or the 
Transport Rule. EPA's modeling projections show that all ambient 
monitors in the Area are expected to continue to maintain compliance in 
the 2012 and 2014 ``no CAIR'' base cases. Therefore, none of the 
ambient monitoring sites in the Parkersburg-Marietta Area are 
``receptors'' that EPA projects will have future nonattainment problems 
or difficulty maintaining the NAAQS. EPA finds West Virginia 
appropriately included CAIR as a control measure.
(3) Controls on PM2.5 Precursors From EGUs in the Area
    First Energy's Pleasants Power Station, located in the Grant tax 
district of Pleasants County has installed additional controls which 
will continue to contribute to the reductions in precursor pollutants 
for PM2.5. Pleasants Power Station has been equipped with 
selective catalytic reduction (SCR) since 2003, and in 2007 eliminated 
the 15 percent flue gas bypass to increase the efficiency of the 
scrubber. It is also covered by a State consent order that requires the 
operation of the SCR whenever the units are in operation, except for 
periods of required SCR maintenance, beginning January 1, 2009. The 
consent order is included as part of West Virginia's March 5, 2012 
submittal, available in the docket for this rulemaking action at 
www.regulations.gov, and will become federally enforceable upon 
redesignation of this Area. In the Ohio portion of the Area, the 
Muskingum River Station in Washington County, Ohio, has implemented, as 
part of a federally enforceable consent decree, continuous operation of 
NOX controls on unit 5 and is required to retire, 
repower, or retrofit all remaining units by 2015. Also, the R.H. 
Gorsuch Station in Washington County permanently shut down at the end 
of 2010. Table 3 shows the reductions from EGUs in the Area between 
2005 and 2008.

                Table 3--Summary of Reductions From EGUs in the Parkersburg-Marietta Area, in tpy
----------------------------------------------------------------------------------------------------------------
                                                                2005               2008            Reductions
----------------------------------------------------------------------------------------------------------------
West Virginia....................  SO2.................             52,296             15,804             36,492
                                   NOX.................             16,137              8,251              4,067
                                   PM2.5...............              1,360              1,287                 73
Ohio.............................  SO2.................            140,957            133,348               7609
                                   NOX.................             16,137             17,169              -1032

[[Page 73567]]

 
                                   PM2.5...............                385                393                 -8
----------------------------------------------------------------------------------------------------------------

    Based on the information summarized above, West Virginia has 
adequately demonstrated that the improvement in air quality is due to 
permanent and enforceable emissions reductions. The reductions result 
from Federal requirements, a Federally enforceable consent decree, 
regulation of precursors under the NOX SIP Call and CAIR, 
and a State consent order affecting EGUs in the Area. These reductions 
are all expected to continue into the future.

4. The West Virginia Portion of the Area Has a Fully Approvable 
Maintenance Plan Pursuant to Section 175A of the CAA

    In conjunction with its request to redesignate the West Virginia 
portion of the Area to attainment status, West Virginia submitted a SIP 
revision to provide for maintenance of the 1997 annual PM2.5 
NAAQS in the Area for at least 10 years after redesignation. West 
Virginia is requesting that EPA approve this SIP revision as meeting 
the requirement of CAA section 175A. Once approved, the maintenance 
plan for the West Virginia portion of the Area will ensure that the SIP 
for West Virginia meets the requirements of the CAA regarding 
maintenance of the 1997 annual PM2.5 NAAQS for this Area.
a. Requirements of a Maintenance Plan
    Section 175 of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under CAA section 175A, the plan must demonstrate continued attainment 
of the applicable NAAQS for at least 10 years after approval of a 
redesignation of an area to attainment. Eight years after the 
redesignation, West Virginia must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures, with a schedule for implementation, as EPA deems 
necessary to assure prompt correction of any future PM2.5 
violations. The Calcagni Memorandum dated September 4, 1992 provides 
additional guidance on the content of a maintenance plan. The Calcagni 
Memorandum states that a PM2.5 maintenance plan should 
address the following provisions:
    (1) An attainment emissions inventory;
    (2) a maintenance demonstration showing maintenance for 10 years;
    (3) a commitment to maintain the existing monitoring network;
    (4) verification of continued attainment; and
    (5) a contingency plan to prevent or correct future violations of 
the NAAQS.
b. Analysis of the Maintenance Plan
(1) Attainment Emissions Inventory
    An attainment inventory is comprised of the emissions during the 
time period associated with the monitoring data showing attainment. 
WVDEP determined that the appropriate attainment inventory year is 
2008, one of the years in the period during which the Parkersburg-
Marietta Area monitored attainment of the 1997 annual PM2.5 
NAAQS, as described previously. The 2008 inventory contains primary 
PM2.5 emissions (including condensables), SO2, 
and NOX, but did not include volatile organic compounds 
(VOC) or ammonia (NH3), which were insignificant. The 2008 
point source inventory contained emissions for EGUs and non-EGU sources 
in Wood County and the Grant tax district of Pleasants County, and 
included Pleasants, Willow Island, and Pleasants Energy power plants 
and the Cabot Black Carbon (Cabot) and Cytec Industries (Cytec) non-EGU 
plants. West Virginia used its 2008 annual emissions inventory 
submitted to EPA's National Emissions Inventory (NEI) database and 
EPA's AMPD database to compile the 2008 point source inventory. For the 
2008 nonpoint emissions, WVDEP used 2008 NEI version 1.5 data developed 
by EPA, and for 2008 nonroad mobile sources, WVDEP used the NONROAD 
model to generate emissions. The 2008 onroad mobile source inventory 
was developed using the current version of Motor Vehicle Emissions 
Simulator (MOVES), i.e., MOVES2010a. The Ohio Department of 
Transportation (ODOT) and the Wood-Washington-Wirt Interstate Planning 
Commission (WWW) performed the analysis, in coordination with the Ohio 
Environmental Protection Agency (OEPA) and WVDEP. The analysis included 
additional data provided by WVDEP and the West Virginia Department of 
Transportation (WVDOT). EPA reviewed the submitted emissions inventory 
and found them to be approvable.
(2) Maintenance Demonstration
    For a demonstration of maintenance, emissions inventories are 
required to be projected to future dates to assess the influence of 
future growth and controls; however, the demonstration need not be 
based on modeling. See Wall v. EPA, supra; Sierra Club v. EPA, supra. 
See also 66 FR at 53099-53100; 68 FR at 25430-32. On March 5, 2012, the 
WVDEP submitted a maintenance plan for the West Virginia portion of the 
Area as required by section 175A of the CAA. WVDEP uses projection 
inventories to show that the Area will remain in attainment and 
developed projection inventories for an interim year of 2015 and a 
maintenance plan end year of 2022 to show that future emissions of 
NOX, SO2, and direct PM2.5 remain at 
or below the attainment year 2008 emissions levels throughout the West 
Virginia portion of the Area through at least the year 2022.
(a) 2015 and 2022 Projection Emission Inventories
    For EGU emissions projections, WVDEP used EPA's Integrated Planning 
Model (IPM) projections that supported CSAPR. 2015 data was taken from 
these IPM runs, and 2022 projections were developed by interpolating 
between the IPM runs from 2020 and 2030. The EGUs considered included 
Pleasants, Willow Island, and Pleasants Energy Power Stations located 
in the tax district in Pleasants County. Non-EGU point sources 
(including Cytec, but not Cabot, which was shut down in 2008), area 
sources, and locomotive/marine source inventories for 2015 and 2022 
were projected by applying, to the 2008 inventory, the growth factors 
developed from economic forecasts by Workforce West Virginia. Nonroad 
source emissions for 2015 and 2022 were developed using annualized 
NONROAD model. Onroad mobile emission projections for 2015 and 2022 
were calculated by ODOT using MOVES2010a.
    EPA has determined that the methodologies for projecting emissions 
inventories provided by WVDEP are acceptable. More detail on EPA's 
analysis of the methodologies used by

[[Page 73568]]

West Virginia for projection inventories may be found in the TSD 
related to emissions inventories available in the docket for this 
rulemaking action. Tables 4 and 5 show the inventories for the 2008 
attainment base year, the 2015 interim year, and the 2022 maintenance 
plan end year for the West Virginia portion of the Area and the entire 
nonattainment area, respectively. These tables show that projected 
inventories remain below the 2008 attainment year inventory. Table 5 
shows that between 2008 and 2022, the Area is projected to reduce 
SO2 emissions by 111,095 tpy, NOX emissions by 
22,426 tpy, and direct PM2.5 emissions by 130 tpy. Thus the 
projected emissions inventories show that the Area will continue to 
maintain the annual PM2.5 standard during the maintenance 
period.

Table 4--Comparison of 2008, 2015, 2022 SO2, NOX, and Direct PM2.5 Emission Totals, in tpy for the West Virginia
                                               Portion of the Area
----------------------------------------------------------------------------------------------------------------
                                                             SO2 (tpy)          NOX (tpy)         PM2.5 (tpy)
----------------------------------------------------------------------------------------------------------------
2008...................................................             20,749             13,046              2,483
2015...................................................              9,668              7,069              2,450
2022...................................................             11,088              6,568              2,375
Decrease from 2008 to 2022.............................              9,660              6,478                107
----------------------------------------------------------------------------------------------------------------


 Table 5--Comparison of 2008, 2015, 2022 SO2, NOX, and Direct PM2.5 Emission Totals, in Tons Per Year (tpy) for
                            the Entire Parkersburg-Marietta Nonattainment Area WV-OH
----------------------------------------------------------------------------------------------------------------
                                                             SO2 (tpy)          NOX (tpy)         PM2.5 (tpy)
----------------------------------------------------------------------------------------------------------------
2008...................................................            159,535             35,412              3,686
2015...................................................             77,294             18,509              3,648
2022...................................................             48,439             12,985              3,557
Decrease from 2008 to 2022.............................            111,095             22,426                130
----------------------------------------------------------------------------------------------------------------

(b) Maintenance Demonstration Through 2023
    As noted in section 4.a of this notice, CAA section 175A requires a 
state seeking redesignation to attainment to submit a SIP revision to 
provide for the maintenance of the NAAQS in the area ``for at least 10 
years after the redesignation.'' EPA has interpreted this as a showing 
of maintenance ``for a period of ten years following redesignation.'' 
Calcagni Memorandum at p. 9. Where the emissions inventory method of 
showing maintenance is used, its purpose is to show that emissions 
during the maintenance period will not increase over the attainment 
year inventory. Calcagni Memorandum at pp. 9-10.
    As discussed in detail above, the State's maintenance plan 
submission expressly documents that the Area's emissions inventories 
will remain below the attainment year inventories through at least 
2022. In addition, for the reasons set forth below, EPA believes that 
the State's submission, in conjunction with additional supporting 
information, further demonstrates that the Area will continue to 
maintain the 1997 annual PM2.5 NAAQS at least through 2023:
     Significant emissions controls remain in place and will 
continue to provide reductions that keep the Area in attainment. First 
Energy's Pleasants Power Station, located in Pleasants County, is 
covered by a State consent decree that requires the operation of SCR 
controls on the EGU, beginning January 1, 2009.
     West Virginia has committed to maintaining all of the 
control measures upon which it relies in its March 5, 2012 submittal 
and will submit any changes to EPA for approval as a SIP revision.
     Emissions inventory levels for SO2 and 
NOX in 2022 are well below the attainment year inventory 
levels (see Table 4), and EPA believes that it is highly improbable 
that sudden increases would occur that could exceed the attainment year 
inventory levels in 2023.
     The mobile source contribution has been determined to be 
insignificant, and is expected to remain insignificant in 2023 with 
fleet turnover in upcoming years that will result in cleaner vehicles 
and cleaner fuels. Further, the transportation conformity analysis of 
historical trends and growth patterns indicates that this determination 
should not change, out to 2030.
     Air quality concentrations, which are well below the 
standard, coupled with the emissions inventory projections through 
2022, demonstrate that it would be very unlikely for a violation to 
occur in 2023. The 2009-2011 design value of 12.3 [mu]g/m\3\ provides a 
sufficient margin in the event any emissions increase. In addition, the 
2009-2011 design value shows the continued downward trend of monitored 
data in this Area for the last several years.
    Thus, even if EPA finalizes its proposed approval of the 
redesignation request and maintenance plans in 2013, EPA's approval is 
based on a showing, in accordance with CAA section 175A, that the 
State's maintenance plan provides for maintenance for at least ten 
years after redesignation.
(3) Monitoring Network
    EPA has determined that West Virginia's maintenance plan includes a 
commitment to continue to operate its EPA-approved monitoring network, 
as necessary to demonstrate ongoing compliance with the NAAQS. West 
Virginia currently operates a PM2.5 monitor in Wood County. 
In its March 5, 2012 submittal, West Virginia states that it will 
consult with EPA prior to making any necessary changes to the network 
and will continue to quality assure the monitoring data in accordance 
with the requirements of 40 CFR part 58.
(4) Verification of Continued Attainment
    To provide for tracking of the emission levels in the Area, WVDEP 
requires major point sources to submit air emissions information 
annually and prepares a new periodic inventory for all PM2.5 
precursors every three years in accordance with EPA's Air Emissions 
Reporting Requirements (AERR). WVDEP will continue to compare emissions 
information to the attainment year inventory to assure continued 
attainment with the 1997 annual PM2.5

[[Page 73569]]

NAAQS and that WVDEP will use this information to assess emissions 
trends, as necessary.
(5) The Maintenance Plan's Contingency Measures
    The contingency plan provisions for the maintenance plan are 
designed to promptly correct a violation of the NAAQS that occurs after 
redesignation. Section 175A of the CAA requires that a maintenance plan 
include such contingency measures as EPA deems necessary to ensure that 
a state will promptly correct a violation of the NAAQS that occurs 
after redesignation. The maintenance plan should identify the events 
that would ``trigger'' the adoption and implementation of a contingency 
measure(s), the contingency measure(s) that would be adopted and 
implemented, and the schedule indicating the time frame by which the 
state would adopt and implement the measure(s).
    The ability of the West Virginia portion of the Area to stay in 
compliance with the PM2.5 standard after redesignation 
depends upon NOX and SO2 emissions in the 
Parkersburg-Marietta Area remaining at or below 2008 levels. West 
Virginia's maintenance plan projects NOX and SO2 
emissions to decrease and stay below 2008 levels through at least the 
year 2022. West Virginia's maintenance plan outlines the procedures for 
the adoption and implementation of contingency measures to further 
reduce emissions should a violation occur.
    West Virginia's contingency measures include a Warning Level 
Response and an Action Level response. An initial Warning Level 
Response is triggered when the average weighted annual mean for a 
single calendar year exceeds 15.5 [mu]g/m\3\ within the maintenance 
area. In that case, a study will be conducted to determine if the 
emissions trends show increases; if action is necessary to reverse 
emissions increases, West Virginia will follow the same procedures for 
control selection and implementaiton as for an Action Level Response. 
Implementation of necessary controls will take place as expeditiously 
as possible, but no later than 12 months from the end of the most 
recent calendar year.
    The Action Level Response will be prompted by any one of the 
following: A Warning Level Response study that shows emissions 
increases, a weighted annual mean over a two-year average that exceeds 
the standard, or a violation of the standard in the maintenance area. 
If an Action Level Response is triggered, West Virginia will adopt and 
implement appropriate control measures within 18 months from the end of 
the year in which monitored air quality triggering a response occurs. 
West Virginia will also consider whether additional regulations that 
are not a part of the maintenance plan can be implemented in a timely 
manner to respond to the trigger.
    West Virginia's candidate contingency measures include the 
following: (1) Diesel reduction emission strategies, (2) alternative 
fuels and diesel retrofit programs for fleet vehicle operations, (3) 
PM2.5, SO2, and NOX emissions offsets 
for new and modified major sources, (4) concrete manufacturing 
controls, and (5) additional NOX reductions. Additionally, 
West Virginia has identified a list of sources that could potentially 
be controlled. These include: Industrial, commercial and institutional 
(ICI) boilers for SO2 and NOX controls, EGUs, 
process heaters, internal combustion engines, combustion turbines, 
other sources greater than 100 tons per year, fleet vehicles, and 
aggregate processing plants. EPA finds that the West Virginia 
maintenance plan for the Parkersburg-Marietta Area includes appropriate 
contingency measures as necessary to ensure that West Virginia will 
promptly correct any violation of the NAAQS that occur after 
redesignation.
    For all of the reasons discussed above, EPA is proposing to approve 
West Virginia's 1997 annual PM2.5 NAAQS maintenance plan for 
the West Virginia portion of the Area as meeting the requirements of 
CAA section 175A.

VII. Analysis of West Virginia's Transportation Conformity 
Insignificance Determination for the Parkersburg-Marietta Area

    Under section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the part of the state's air quality plan that 
addresses pollution from mobile sources. ``Conformity'' to the SIP 
means that transportation activities will not cause new air quality 
violations, worsen existing violations, or delay timely attainment of a 
NAAQS or an interim milestone. This is typically determined by showing 
that estimated emissions from existing and planned highway and transit 
systems are less than or equal to the motor vehicle emissions budgets 
(MVEBs) contained in a SIP. If a transportation plan does not 
``conform,'' most new projects that would expand the capacity of 
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA 
policy, criteria, and procedures for demonstrating and ensuring 
conformity of such transportation activities to a SIP.
    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA must affirmatively find the MVEBs contained 
therein ``adequate'' for use in determining transportation conformity. 
The process for determining adequacy is set forth in the guidance 
``Transportation Conformity Rule Amendments for the New 8-hour Ozone 
and PM2.5 National Ambient Air Quality Standards and Miscellaneous 
Revisions for Existing Areas; Transportation Conformity Rule 
Amendments; Response to Court Decision and Additional Rule Changes.'' 
69 FR 40004 (July 1, 2004). After EPA affirmatively finds the submitted 
MVEBs are adequate for transportation conformity purposes, in 
accordance with the guidance, the MVEBs can be used by state and 
Federal agencies in determining whether proposed transportation 
projects ``conform'' to the SIP as required by section 176(c) of the 
CAA.
    For budgets to be approvable, they must meet, at a minimum, EPA's 
adequacy criteria in 40 CFR 93.118(e)(4). However, the transportation 
conformity rule at 40 CFR 93.109(f) allows areas to forego 
establishment of MVEBs where it is demonstrated that the regional motor 
vehicle emissions for a particular pollutant or precursor are an 
insignificant contributor to the air quality problem in an area. EPA's 
rationale for providing for insignificance determinations may be found 
in the July 1, 2004 revision to the Transportation Conformity Rule. The 
general criteria for insignificance determinations, per 40 CFR 
93.109(f), are based on a number of factors, including the percentage 
of motor vehicle emissions in the context of the total SIP inventory; 
the current state of air quality as determined by monitoring data for 
the relevant NAAQS; the absence of SIP motor vehicle control measures; 
and the historical trends and future projections of the growth of motor 
vehicle emissions in the area.
    In West Virginia's March 5, 2012 submittal, the State provided 
information that projects that onroad mobile source NOX 
emissions constitute 12 percent or less of the Area's total 
NOX emissions in 2015 and 2022 due to continuing fleet 
turnover and that onroad mobile source PM2.5 emissions 
constitute less than 2.1 percent of the Area's total PM2.5 
emissions. Both projections took into consideration future vehicle 
miles traveled (VMT) growth. In addition, neither EPA nor the State has 
made any findings that VOCs, SO2, or NH3 are 
significant contributors to PM2.5 mobile emissions. While 
the

[[Page 73570]]

level of NOX is higher than the 10 percent benchmark, WVDEP 
has provided additional information that supports its insignificance 
determination for NOX. For more detail on EPA's analysis of 
West Virginia's insignificance determination, see the Transportation 
Conformity TSD in the docket for today's rulemaking. Therefore, the 
March 5, 2012 submittal meets the criteria in the relevant portions of 
40 CFR 93.102 and 93.118 for an insignificance finding, and EPA agrees 
with the determination of insignificance for both NOX and 
PM2.5 for the West Virginia portion of the Area. As 
previously discussed, EPA initiated a comment period on November 5, 
2012 on the proposed insignificance determination for the West Virginia 
portion of the Area on the OTAQ Web site to allow for a 30-day review 
of this proposed insignificance determination in conjunction with this 
proposed rulemaking. EPA is proposing to find that West Virginia's 
insignificance determination for transportation conformity is adequate. 
For more information on EPA's insignificance findings, see the TSD 
dated August 3, 2012, available in the docket for this rulemaking at 
www.regulations.gov.

VIII. Proposed Actions

    EPA is proposing to approve the redesignation of the West Virginia 
portion of the Area from nonattainment to attainment for the 1997 
annual PM2.5 NAAQS. EPA has evaluated West Virginia's 
redesignation request and determined that upon approval of the base 
year emissions inventory in the separate rulemaking action noted 
previously, it would meet the redesignation criteria set forth in 
section 107(d)(3)(E) of the CAA. EPA believes that the monitoring data 
demonstrate that the Parkersburg-Marietta Area attains the 1997 annual 
PM2.5 NAAQS and will continue to attain the standard. Final 
approval of this redesignation request would change the designation of 
the West Virginia portion of the Area from nonattainment to attainment 
for the 1997 annual PM2.5 NAAQS. EPA is also proposing to 
approve the associated maintenance plan for the West Virginia portion 
of the Area, submitted on March 5, 2012, as a revision to the West 
Virginia SIP because it meets the requirements of CAA section 175A as 
described previously in this notice. EPA is also proposing to approve 
the insignificance determination for on-road motor vehicle contribution 
of PM2.5, NOX, and SO2 submitted by 
WVDEP for the West Virginia portion of the Area in conjunction with its 
redesignation request. As noted previously, the 30-day public comment 
period for the proposed insignificance determination started on 
November 5, 2012 and will end on December 5, 2012. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

IX. Statutory and Executive Order Reviews

    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 proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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 proposing approval of West Virginia's 
redesignation request, maintenance plan, and transportation conformity 
insignificance determination for the Parkersburg-Marietta Area for the 
1997 annual PM2.5 NAAQS 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.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, PM2.5, Particulate matter, 
Reporting and recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

    Air pollution control, National parks, Wilderness Areas.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: November 27, 2012.
W. C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2012-29865 Filed 12-10-12; 8:45 am]
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