[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59841-59843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23691]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2012-0368; FRL-9901-41-Region3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; West Virginia's Redesignation Request for the Wheeling, 
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 Wheeling, WV-OH 
fine particulate matter (PM2.5) nonattainment area 
(``Wheeling 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 a 
comprehensive emissions inventory that EPA is approving in this 
rulemaking. The maintenance plan also 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, 
comprehensive emissions inventory, 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 30, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0368. 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

    On March 8, 2012, the State of West Virginia, through the West 
Virginia Department of Environmental Protection (WVDEP), submitted a 
request to redesignate the West Virginia portion of the Wheeling Area 
nonattainment area to attainment for the 1997 annual PM2.5 
NAAQS. The Wheeling Area is composed of Marshall and Ohio Counties in 
West Virginia and Belmont County in Ohio. On December 11, 2012 (77 FR 
73575), 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, the NPR 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, a comprehensive emissions inventory for

[[Page 59842]]

PM2.5, NOX and SO2, and the 
insignificance determination for the onroad motor vehicle contribution 
of PM2.5, NOX and SO2 for 
transportation conformity purposes for the West Virginia portion of the 
Area.
    On July 24, 2013 (78 FR 44487), 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 decision of the D.C. Circuit Court's 
January 4, 2013 decision to remand to EPA two final rules implementing 
the PM2.5 NAAQS. In the supplemental NPR, EPA proposed to 
proceed with the approval of the request to designate the Wheeling Area 
to attainment for the 1997 annual PM2.5 NAAQS and the 
associated maintenance plan. On June 24, 2013, WVDEP supplemented its 
March 8, 2012 SIP submittal with the 2008 ammonia and volatile organic 
compound (VOC) emissions inventory which EPA proposed to approve in the 
supplemental NPR, in conjunction with the PM2.5, 
NOX and SO2 emissions inventory that EPA 
previously proposed to approve, as meeting the comprehensive emissions 
inventory requirements of section 172(c)(3) of the CAA. See December 
11, 2012 (77 FR 73575) and July 24, 2013 (78 FR 44487). In addition, 
EPA also proposed to approve the insignificance determination for the 
onroad motor vehicle contribution of PM2.5, NOX 
and SO2 for transportation conformity purposes for the West 
Virginia portion of the Area.
    Other specific details of West Virginia's redesignation request, 
the associated maintenance plan SIP revision, the comprehensive 
emissions inventory, 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, the maintenance plan, 
the comprehensive emissions inventory, and the insignificance 
determination for transportation conformity for the West Virginia 
portion of the Area 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 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 comprehensive emissions inventory 
as a revision to the West Virginia SIP because it meets the 
requirements of section 172(c)(3) of the CAA. Furthermore, EPA is 
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

[[Page 59843]]

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 29, 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, the 
maintenance plan, the comprehensive emissions inventory and 
transportation conformity insignificance determination for the West 
Virginia portion of the Wheeling 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: September 13, 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 
Wheeling, 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                                Additional
             revision                geographic area    submittal date   EPA-approval date       explanation
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                                                  * * * * * * *
1997 Annual PM2.5 Maintenance      Marshall and Ohio     3/8/12, 6/24/  9/30/13, [Insert     See Sec.
 Plan for the Wheeling WV-OH Area.  Counties.                       13   page number where    52.2526(i) and
                                                                         the document         Sec.   52.2531(f).
                                                                         begins].
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0
3. Section 52.2526 is amended by adding paragraph (i) to read as 
follows:


Sec.  52.2526  Control strategy: Particulate matter.

* * * * *
    (i) EPA approves the maintenance plan for the West Virginia portion 
of the Wheeling, WV-OH 1997 PM2.5 Nonattainment Area 
(Marshall and Ohio Counties). The maintenance plan establishes a 
determination of insignificance for PM2.5, NOX 
and SO2 for transportation conformity purposes.

0
4. Section 52.2531 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.2531  Base year emissions inventory.

* * * * *
    (f) EPA approves as a revision to the West Virginia State 
Implementation Plan the comprehensive emissions inventory for the 
Wheeling, WV-OH fine particulate matter (PM2.5) 
nonattainment area submitted by the West Virginia Department of 
Environmental Protection on March 8, 2012 and June 24, 2013. The 
emissions inventory includes emissions estimates that cover the general 
source categories of point sources, nonroad mobile sources, area 
sources, onroad mobile sources and biogenic sources. The pollutants 
that comprise the inventory are nitrogen oxides (NOX), 
volatile organic compounds (VOC), PM2.5, ammonia 
(NH3), and sulfur dioxide (SO2).

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

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

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


0
6. In Sec.  81.349, the table for West Virginia--PM2.5 
(Annual NAAQS) is amended by revising the entry for the Wheeling, 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
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                             Wheeling, WV-OH
------------------------------------------------------------------------
Marshall County......................   9/30/13  Attainment.
Ohio County..........................   9/30/13  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. 2013-23691 Filed 9-27-13; 8:45 am]
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