[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Rules and Regulations]
[Pages 56168-56170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21792]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2012-0386; FRL-9900-71-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; West Virginia's Redesignation for the Parkersburg-
Marietta, WV-OH 1997 Annual Fine Particulate Matter Nonattainment Area 
to Attainment and Approval of the Associated Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a redesignation request and State 
Implementation Plan (SIP) revision submitted by the State of West 
Virginia. The West Virginia Department of Environmental Protection 
(WVDEP) requested 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). In this rulemaking 
action, EPA is approving the 1997 annual PM2.5 redesignation 
request for the West Virginia portion of the Area. EPA is also 
approving 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 onroad 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 also approving West Virginia's insignificance 
determination for transportation conformity. In addition, EPA is also 
finding that the Area continues to attain the standard. This rulemaking 
action approving 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).

DATES: This final rule is effective on September 12, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0386. 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: Rose Quinto, (215) 814-2182, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Parkersburg-Marietta Area is composed of Wood County and a 
portion of Pleasants County in West Virginia (West Virginia portion of 
the Area) and Washington County in Ohio. On December 11, 2012 (77 FR 
73560), EPA published a notice of proposed rulemaking (NPR) for the 
State of West Virginia. Pursuant to sections 107(d)(3)(E) and 175A of 
the CAA, EPA proposed approval of West Virginia's redesignation 
request, a SIP revision that establishes a maintenance plan for the 
West Virginia portion of the Area that provides for continued 
attainment of the 1997 annual PM2.5 NAAQS for at least 10 
years after redesignation, and the insignificance determination for 
transportation conformity for the West Virginia portion of the Area. 
The formal SIP revision was submitted by WVDEP on March 5, 2012. In a 
separate action, EPA approved the base year emissions inventory on 
December 12, 2012 (77 FR

[[Page 56169]]

73924) meeting the requirements of section 172(c)(3) of the CAA.
    On July 8, 2013 (78 FR 40655), EPA published a supplemental NPR 
that revised and expanded the basis for proposing approval of West 
Virginia's request in light of developments since EPA issued its 
initial proposal on December 11, 2012. Principally, the supplemental 
NPR addressed the effects of the United States Court of Appeals for the 
District of Columbia's January 4, 2013 decision to remand to EPA two 
final rules implementing the PM2.5 NAAQS.
    Other specific details of West Virginia's redesignation request, 
the associated maintenance plan SIP revision and insignificance 
determination, and the rationales for EPA's proposed actions are 
explained in both the NPR and the supplemental NPR and will not be 
restated here. No public comments were received on either of the NPRs.

II. Final Action

    EPA is approving the redesignation request, maintenance plan, and 
insignificance determination for transportation conformity for the West 
Virginia portion of the Area that was submitted by WVDEP on March 5, 
2012 because the requirements for approval have been satisfied. EPA has 
evaluated West Virginia's redesignation request, and determined that it 
meets the redesignation criteria set forth in section 107(d)(3)(E) of 
the CAA. Approval of this redesignation request will 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 
approving 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 section 175A of the 
CAA. In addition, EPA is also approving the transportation conformity 
insignificance determination submitted by West Virginia for this Area 
in conjunction with its redesignation request.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action to become effective immediately upon publication. A 
delayed effective date is unnecessary due to the nature of a 
redesignation to attainment, which eliminates CAA obligations that 
would otherwise apply. The immediate effective date for this action is 
authorized under both 5 U.S.C. 553(d)(1), which provides that 
rulemaking actions may become effective less than 30 days after 
publication if the rule ``grants or recognizes an exemption or relieves 
a restriction,'' and section 553(d)(3), which allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' The purpose 
of the 30-day waiting period prescribed in section 553(d) is to give 
affected parties a reasonable time to adjust their behavior and prepare 
before the final rule takes effect. Today's rule, however, does not 
create any new regulatory requirements such that affected parties would 
need time to prepare before the rule takes effect. Rather, today's rule 
relieves West Virginia of the obligation to comply with nonattainment-
related planning requirements for this PM2.5 Area pursuant 
to Part D of the CAA. For these reasons, EPA finds good cause under 5 
U.S.C. 553(d) for this action to become effective on the date of 
publication of this notice.

III. 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 November 12, 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 approving the redesignation request, maintenance plan, 
and transportation conformity insignificance determination for the

[[Page 56170]]

West Virginia portion of the Area may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

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.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

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

    Dated: August 22, 2013.
W.C. Early,
Acting, Regional Administrator, Region III.

    40 CFR parts 52 and 81 are 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 an 
entry for the 1997 Annual PM2.5 Maintenance Plan for 
Parkersburg-Marietta, WV-OH Area at the end of the table to read as 
follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

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  Name of non-regulatory SIP        Applicable     State submittal
           revision              geographic area         date       EPA approval date    Additional explanation
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                                                  * * * * * * *
1997 Annual PM2.5 Maintenance   Wood County and a          3/5/12   9/12/13 [Insert    See Sec.   52.2526(h).
 Plan for Parkersburg-Marietta   portion of                          page number
 WV-OH Area.                     Pleasants County.                   where the
                                                                     document begins].
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0
3. Section 52.2526 is amended by adding paragraph (h) to read as 
follows:


Sec.  52.2526  Control strategy: Particular matter.

* * * * *
    (h) EPA approves the maintenance plan for the West Virginia portion 
of the Parkersburg-Marietta, WV-OH 1997 PM2.5 Nonattainment 
Area (Wood County and a portion of Pleasants County). The maintenance 
plan establishes a determination of insignificance for 
PM2.5, NOX and SO2 for transportation 
conformity purposes.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for Part 81 continues to read as follows:

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


0
5. In Sec.  81.349 the table for West Virginia--PM2.5 
(Annual NAAQS) is amended by revising the entry for the Parkersburg-
Marietta, WV-OH Area to read as follows:


Sec.  81.349  West Virginia.

* * * * *

                          West Virginia--PM2.5
                             [Annual NAAQS]
------------------------------------------------------------------------
                                               Designation \a\
          Designated area          -------------------------------------
                                       Date \1\             Type
------------------------------------------------------------------------
 
                              * * * * * * *
Parkersburg-Marietta, WV-OH:
    Pleasants County (part)Tax             9/12/13  Attainment.
     District of Grant.
    Wood County...................         9/12/13  Attainment.
 
                              * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

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[FR Doc. 2013-21792 Filed 9-11-13; 8:45 am]
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