[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Rules and Regulations]
[Pages 22423-22425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08835]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0369; FRL-9803-2]


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 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 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 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 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 May 16, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0369. 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: 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. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On December 26, 2012 (77 FR 75933), EPA published a notice of 
proposed rulemaking (NPR) for the State of West Virginia. The NPR 
proposed approval of the PM2.5 2002 base year emissions 
inventory for the West Virginia portion of the Steubenville-Weirton 
Area. The formal SIP revision was submitted by the State of West 
Virginia on June 24, 2009.

II. Summary of SIP Revision

    The PM2.5 2002 base year emission inventory submitted by 
WVDEP on June

[[Page 22424]]

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 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). The year 2002 
was selected by WVDEP as the base year for the emissions inventory per 
40 CFR 51.1008(b).
    EPA reviewed the results, procedures and methodologies for the base 
year emissions inventory submitted by WVDEP. EPA found that the process 
used to develop this emissions inventory for the West Virginia portion 
of the Steubenville-Weirton Area is adequate and meets the requirements 
of CAA section 172(c)(3), the implementing regulations, and EPA 
guidance for emission inventories. EPA's evaluation can be found in the 
Technical Support Document dated August 12, 2010, available online at 
www.regulations.gov, Docket No. EPA-R03-OAR-2012-0369. 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 for the West Virginia portion of the Steubenville-Weirton 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 affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 17, 2013. 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 for the West Virginia portion of the Steubenville-
Weirton Area may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: April 3, 2013.
 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) * * *

[[Page 22425]]



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                                                      State
  Name of non-regulatory SIP        Applicable      submittal         EPA approval date           Additional
           revision              geographic area       date                                       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2002 Base Year Emissions        West Virginia          6/24/09  4/16/13 [Insert page number   52.2531(e).
 Inventory for the 1997 fine     portion of the                  where the document begins].
 particulate matter (PM2.5)      Steubenville-
 standard.                       Weirton, OH-WV
                                 1997 PM2.5
                                 nonattainment
                                 area.
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0
3. Section 52.2531 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.2531  Base year emissions inventory.

* * * * *
    (e) EPA approves as a revision to the West Virginia State 
Implementation Plan the 2002 base year emissions inventory for the West 
Virginia portion of the Steubenville-Weirton, OH-WV fine particulate 
matter (PM2.5) nonattainment area submitted by the West 
Virginia Department of Environmental Protection on June 24, 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. 2013-08835 Filed 4-15-13; 8:45 am]
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