[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Rules and Regulations]
[Pages 15019-15021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05807]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2013-0498; FRL-9908-05-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Approval of Redesignation Requests of the West Virginia 
Portion of the Steubenville-Weirton, OH-WV Nonattainment Area for the 
1997 Annual and 2006 24-Hour Fine Particulate Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of West Virginia's requests to redesignate to attainment the West 
Virginia portion of the Steubenville-Weirton, OH-WV nonattainment area 
(hereafter ``the Steubenville-Weirton Area'' or ``the Area'') for both 
the 1997 annual and the 2006 24-hour fine particulate matter 
(PM2.5) National Ambient Air Quality Standards (NAAQS or 
standards). EPA is also approving as a revision to the West Virginia 
State Implementation Plan (SIP), the associated maintenance plans to 
show maintenance of the 1997 annual and the 2006 24-hour 
PM2.5 NAAQS through 2025 for the West Virginia portion of 
the Area. West Virginia's maintenance plans include insignificance 
findings for the mobile source contribution of PM2.5 and 
nitrogen oxides (NOX) emissions to the West Virginia portion 
of the Area for both the 1997 annual and 2006 24-hour PM2.5 
standards, which EPA agrees with and is approving for transportation 
conformity purposes. In addition, EPA is approving the 2008 emissions 
inventory for the West Virginia portion of the Area for the 2006 24-
hour PM2.5 NAAQS. EPA has taken a separate rulemaking action 
to approve the redesignation of the Ohio portion of the Steubenville-
Weirton Area for the 1997 annual and 2006 24-hour PM2.5 
NAAQS. These actions are being taken under the Clean Air Act (CAA).

DATES: 
    This final rule is effective on April 17, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2013-0498. 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: 

I. Background

    On April 13, 2012 and June 8, 2012, the West Virginia Department of 
Environmental Protection (WVDEP) formally submitted two separate 
requests to redesignate the West Virginia portion of the Steubenville-
Weirton Area from nonattainment to attainment for the 1997 annual and 
the 2006 24-hour PM2.5 NAAQS, respectively. Each submittal 
included a maintenance plan as a SIP revision to ensure continued 
attainment of the standards throughout the West Virginia portion of the 
Area over the next 10 years. The June 8, 2012 submittal also includes a 
2008 comprehensive emissions inventory for PM2.5, sulfur 
dioxide (SO2) and NOX for the 2006 24-hour 
PM2.5 NAAQS, which WVDEP supplemented on June 24, 2013 to 
include emissions of volatile organic compounds (VOC) and ammonia. The 
Steubenville-Weirton Area is comprised of Brooke County and Hancock 
County in West Virginia (the West Virginia portion of the Area), and 
Jefferson County in Ohio.
    On December 9, 2013 (78 FR 73769), EPA published a notice of 
proposed rulemaking (NPR) for the State of West Virginia. In the NPR, 
EPA proposed approval of West Virginia's redesignation requests for its 
portion of the Steubenville-Weirton Area for the 1997 annual and 2006 
24-hour PM2.5 NAAQS. EPA also proposed approval of the 
associated maintenance plans as SIP revisions for the 1997 annual and 
2006 24-hour PM2.5 standards, which included insignificance 
determinations for PM2.5 and NOx for both standards for 
purposes of transportation conformity. Also, EPA proposed approval of 
the 2008 comprehensive emissions inventory for the 2006 24-hour 
PM2.5 standard to meet the requirement of section 172(c)(3) 
of the CAA. EPA proposed to find that the Area continues to attain both 
standards.
    In the NPR, EPA addressed the effects of two decisions of the 
United States Court of Appeals for the District of Columbia (DC Circuit 
or Court): The Court's August 21, 2012 decision to vacate and remand to 
EPA the Cross-State Air Pollution Control Rule (CSAPR); and the Court's 
January 4, 2013 decision to remand to EPA two final rules implementing 
the 1997 annual PM2.5 standard. Specific details of West 
Virginia's submittals and the rationale for EPA's proposed actions are 
explained in the NPR and will not be restated here. No public comments 
were received on the NPR.

II. Final Action

    EPA is taking final actions on the redesignations requests and SIP 
revisions submitted by the State of West Virginia on April 13, 2012 and 
June 8, 2012 for the 1997 annual and 2006 24-hour PM2.5 
standards. First, EPA is

[[Page 15020]]

approving West Virginia's redesignation requests for the 1997 annual 
and 2006 24-hour PM2.5 standards, because EPA has determined 
that the requests meet the redesignation criteria set forth in section 
107(d)(3)(E) of the CAA for these standards. Second, EPA is finding 
that the Steubenville-Weirton Area is attaining and will continue to 
attain both the 1997 annual and 2006 24-hour PM2.5 NAAQS. 
Third, EPA is approving the associated maintenance plans for the West 
Virginia portion of the Area as revisions to the West Virginia SIP for 
the 1997 annual and 2006 24-hour PM2.5 standards because 
they meet the requirements of CAA section 175A. EPA is also approving 
for both standards West Virginia's transportation conformity 
insignificant determinations for PM2.5 and NOX 
emissions for the Area. Finally, EPA is approving the 2008 
comprehensive emissions inventory for the 2006 24-hour PM2.5 
standards NAAQS as a revision to the West Virginia SIP because it meets 
the requirements of section 172(c)(3) of the CAA. Approval of these 
redesignation requests will change the official designations of the 
West Virginia portion of the Steubenville-Weirton Area from 
nonattainment to attainment for the 1997 annual and the 2006 24-hour 
PM2.5 NAAQS, respectively.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act 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 May 19, 2014. 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 requests and 
maintenance plans for the West Virginia portion of the Steubenville-
Weirton Area for the 1997 annual and 2006 24-hour PM2.5 
NAAQS and the 2008 comprehensive emissions inventory for the 2006 24-
hour PM2.5 NAAQS, 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, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

40 CFR part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: February 27, 2014.
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 at the end 
of the table by:
0
a. Adding an entry for the 1997 annual PM2.5 Maintenance 
Plan, West Virginia portion of the Steubenville-Weirton, OH-WV Area.
0
b. Adding an entry for the 2006 24-hour PM2.5 Maintenance 
Plan, West Virginia portion of the Steubenville-Weirton, OH-WV Area.

[[Page 15021]]

    The additions read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

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   Name of non-regulatory SIP        Applicable           State
            revision               geographic area   submittal date   EPA approval date   Additional explanation
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                                                  * * * * * * *
1997 annual PM2.5 Maintenance    Brooke County and          4/13/12  3/18/14 [Insert     .......................
 Plan for Steubenville-Weirton    Hancock County.                     page number where
 OH-WV Area.                                                          the document
                                                                      begins].
2006 24-hour PM2.5 Maintenance   Brooke County and           6/8/12  3/18/14 [Insert     .......................
 Plan for Steubenville-Weirton    Hancock County.                     page number where
 OH-WV Area.                                                          the document
                                                                      begins].
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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

0
2. Section 81.349 is amended by:
0
a. Revising the PM2.5 (Annual NAAQS) table entry for the 
Steubenville-Weirton, OH-WV Area.
0
b. Revising the PM2.5 (24-hour NAAQS) table entry for the 
Steubenville-Weirton, OH-WV Area.
    The amendments read as follows:


Sec.  81.349  West Virginia

* * * * *

                          West Virginia--PM2.5
                             [Annual NAAQS]
------------------------------------------------------------------------
                                             Designation \a\
        Designated area         ----------------------------------------
                                    Date \1\               Type
------------------------------------------------------------------------
 
                              * * * * * * *
Steubenville-Weirton, OH-WV:
    Brooke County..............         3/18/14  Attainment.
    Hancock County.............         3/18/14  Attainment.
 
                              * * * * * * *
------------------------------------------------------------------------
\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.

* * * * *

                                              West Virginia--PM2.5
                                                 [24-hour NAAQS]
----------------------------------------------------------------------------------------------------------------
                                    Designation for the 1997 NAAQS \a\     Designation for the 2006 NAAQS \b\
         Designated area          ------------------------------------------------------------------------------
                                      Date \1\             Type            Date \2\               Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Steubenville-Weirton, OH-WV:
    Brooke County................         3/18/14  Unclassifiable/             3/18/14  Attainment.
                                                    Attainment.
    Hancock County...............         3/18/14  Unclassifiable/             3/18/14  Attainment.
                                                    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.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.

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[FR Doc. 2014-05807 Filed 3-17-14; 8:45 am]
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