[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Proposed Rules]
[Pages 75933-75935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31081]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0369; FRL- 9764-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the 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

[[Page 75934]]

of Environmental Protection (WVDEP) on June 24, 2009 for the 
Steubenville-Weirton, OH-WV nonattainment area (the Steubenville-
Weirton Area) for the 1997 annual fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS). The 
emissions inventory is part of a SIP revision that was submitted to 
meet West Virginia's nonattainment requirements related to the 
Steubenville-Weirton Area. EPA is proposing to approve the 2002 base 
year emissions inventory for the West Virginia portion of the 
Steubenville-Weirton Area in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before January 25, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0369 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-2012-0369, Donna Mastro, Acting Associate 
Director, Office of Air Program 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-
2012-0369. 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.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].

SUPPLEMENTARY INFORMATION: This supplementary information section is 
arranged as follows:

I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997, EPA established an annual PM2.5 NAAQS 
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to 
as ``the 1997 annual PM2.5 NAAQS''), based on a 3-year 
average of annual mean PM2.5 concentrations (62 FR 38652). 
At that time, EPA also established a 24-hour standard of 65 [mu]g/m\3\. 
See 40 CFR 50.7. The 1997 annual PM2.5 NAAQS were based on 
significant evidence and numerous health studies demonstrating that 
serious health effects are associated with exposures to particulate 
matter.
    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in section 107(d)(1) of the CAA. On 
January 5, 2005, EPA published its air quality designations and 
classifications for the 1997 annual PM2.5 NAAQS based upon 
air quality monitoring data for calendar years 2001-2003 (70 FR 944). 
These designations became effective on April 5, 2005. On April 14, 
2005, EPA promulgated a supplemental rule amending the initial 
designations (70 FR 19844), with the same effective date (April 5, 
2005) at 70 FR 944. As a result of this supplemental rule, the 
Steubenville-Weirton Area was designated nonattainment for the 1997 
annual PM2.5 NAAQS. The Steubenville-Weirton Area is 
comprised of Brooke County and Hancock County in West Virginia (the 
West Virginia portion), and Jefferson County in Ohio. See 40 CFR 81.336 
(Ohio) and 40 CFR 81.349 (West Virginia).
    On September 14, 2011 (76 FR 56641), EPA determined that the West 
Virginia portion of the Steubenville-Weirton Area had attained the 1997 
annual PM2.5 NAAQS. That determination was based on 
complete, quality-assured, quality-controlled, and certified ambient 
air monitoring data for the 2007-2009 period showing that the entire 
Steubenville-Weirton Area had monitored attainment of the 1997 annual 
PM2.5 NAAQS. EPA also evaluated preliminary quality-assured 
data available to date for 2010. The September 14, 2011 determination 
suspended the requirements for West Virginia to submit, for the West 
Virginia portion of the Steubenville-Weirton Area, an attainment 
demonstration, associated reasonably available control measures, a 
reasonable further progress plan, contingency measures, and other 
planning SIP revisions related to attainment of the standard for so 
long as the Steubenville-Weirton Area continues to meet the 1997 annual 
PM2.5 NAAQS.
    Section 172(c)(3) of the CAA requires states to submit a 
comprehensive, accurate, and current inventory of actual emissions for 
each nonattainment area. EPA's requirements for an emissions inventory 
for the PM2.5 NAAQS are set forth in 40 CFR 51.1008. This 
proposed rulemaking action is limited to the approval of the emissions 
inventory included in West Virginia's June 24, 2009 submittal for the 
West Virginia portion of the Steubenville-Weirton Area. A separate 
action will be taken on the remainder of the SIP submittal.

II. Summary of SIP Revision

    The 2002 base year emission inventory submitted by WVDEP on June 
24, 2009 for the West Virginia portion of the Steubenville-Weirton Area 
includes emissions estimates that cover the general source categories 
of point sources, area sources, on-road mobile

[[Page 75935]]

sources, and non-road mobile sources. The pollutants that comprise the 
inventory are PM2.5, coarse particles (PM10), 
nitrogen oxides (NOX), volatile organic compounds (VOC), 
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 for the West Virginia portion of the 
Steubenville-Weirton Area can be found in Appendix C of the June 24, 
2009 SIP submittal. Table 1, below, provides a summary of the annual 
2002 emissions of PM2.5, PM10, SO2, 
NOX, VOC, and NH3 for the June 24, 2009 West 
Virginia submittal.

                Table 1--2002 Base Year Inventory for the West Virginia Portion of the Steubenville-Weirton Area, in tons per year (tpy)
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                      Source Sector                             NH3             NOX            PM10            PM2.5            SO2             VOC
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Point...................................................             149           2,160           7,697           6,844           2,138           2,776
Area....................................................             822           1,721           2,497             561             718           1,941
Nonroad.................................................               0           1,499              71              66              76             497
Onroad..................................................              44             992              22              14              46           1,046
Biogenic................................................             N/A             108             N/A             N/A             N/A           4,693
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           1,016           6,480          10,287           7,485           2,979          10,952
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    The CAA section 172(c)(3) emissions inventory is developed by the 
incorporation of data from multiple sources. States were required to 
develop and submit to EPA a triennial emissions inventory according to 
the Consolidated Emissions Reporting Rule (CERR) for all source 
categories (i.e., point, area, nonroad mobile and on-road mobile). 
EPA's review and evaluation of the methods used for the emissions 
inventory submitted by West Virginia are found in the Technical Support 
Document dated August 12, 2010, available online at 
www.regulations.gov, Docket No. EPA-R03-OAR-2012-0369. EPA finds that 
the process used to develop this emissions inventory for the West 
Virginia portion of the Steubenville Weirton Area is adequate to meet 
the requirements of CAA section 172(c)(3), the implementing 
regulations, and EPA guidance for emission inventories.

III. Proposed Action

    EPA is proposing to approve the 2002 base year emissions inventory 
portion of the SIP revision submitted by the State of West Virginia on 
June 24, 2009 for the West Virginia portion of the Steubenville-Weirton 
Area, as it meets the requirements of section 172(c)(3) of the CAA. EPA 
has made the determination that this action is consistent with section 
110 of the CAA. EPA is soliciting public comments on the issues 
discussed in this document, which will be considered before taking 
final action.

IV. 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 proposed rule, pertaining to the 2002 base year 
emissions inventory for the West Virginia portion of the Steubenville-
Weirton Area for the West Virginia SIP, 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: December 14, 2012.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-31081 Filed 12-21-12; 4:15 pm]
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