[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Pages 70099-70102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27751]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2013-0690; FRL-9919-65-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia's Redesignation Request and Associated Maintenance Plan 
of the West Virginia Portion of the Martinsburg-Hagerstown, WV-MD 
Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard

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 request to redesignate to attainment the West 
Virginia portion of the Martinsburg-Hagerstown, WV-MD nonattainment 
area (the Martinsburg Area or Area) for the 1997 annual fine 
particulate matter (PM2.5) national ambient air quality 
standard (NAAQS). EPA is also approving as a revision to the West 
Virginia State Implementation Plan (SIP) the associated maintenance 
plan to show maintenance of the 1997 annual PM2.5 NAAQS 
through 2025 for the Area. As part of this action, EPA is making a 
determination that the Martinsburg Area continues to attain the 1997 
annual PM2.5 NAAQS. The maintenance plan includes the 2017 
and 2025 PM2.5 and nitrogen oxides (NOX) mobile 
vehicle emissions budgets (MVEBs) for Berkeley County, West Virginia 
for the 1997 annual PM2.5 NAAQS which EPA is approving for 
transportation conformity purposes. Furthermore, EPA is approving, as a 
revision to the West Virginia SIP, the 2007 base year emissions 
inventory for the Area for the 1997 annual PM2.5 NAAQS. 
These actions are being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on December 26, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2013-0690. 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 August 5, 2013, the State of West Virginia through the West 
Virginia Department of Environmental Protection (WVDEP) formally 
submitted a request to redesignate the West Virginia portion of the 
Martinsburg Area from nonattainment to attainment for the 1997 annual 
PM2.5 NAAQS. Concurrently, WVDEP submitted a maintenance 
plan for the Area as a SIP revision to ensure continued attainment 
throughout the Area over the next 10 years. The maintenance plan also

[[Page 70100]]

includes a 2007 base year emissions inventory for PM2.5, 
NOX, sulfur dioxide (SO2), volatile organic 
compounds (VOC) and ammonia (NH3) for the1997 annual 
PM2.5 NAAQS in order to meet the emissions inventory 
requirements of section 172(c)(3) of the CAA. In addition, the 
maintenance plan includes the 2017 and 2025 PM2.5 and 
NOX MVEBs used for transportation conformity purposes for 
Berkeley County, West Virginia for the 1997 annual PM2.5 
NAAQS.
    On April 16, 2014, the notice of proposed rulemaking (NPR) was 
signed by the Regional Administrator for this rulemaking action. This 
NPR was published in the Federal Register on May 5, 2014 (79 FR 25540) 
and included proposals for several rulemaking actions. First, EPA 
proposed to find that the Martinsburg Area met the requirements for 
redesignation of the Area for the 1997 annual PM2.5 NAAQS 
under section 107(d)(3)(E) of the CAA. Second, EPA proposed approval of 
the associated maintenance plan as a SIP revision for the 1997 annual 
PM2.5 NAAQS, which included the 2017 and 2025 for 
PM2.5 and NOX MVEBs for purposes of 
transportation conformity. Third, EPA proposed approval of the 2007 
comprehensive emissions inventory for the 1997 annual PM2.5 
NAAQS to meet the requirements of section 172(c)(3) of the CAA. 
Finally, EPA proposed to find that the Area continues to attain the1997 
annual PM2.5 NAAQS.
    In the May 5, 2014 NPR, EPA addressed the effects of one order and 
two decisions of the United States Court of Appeals for the District of 
Columbia (D.C. Circuit Court) on the approval of the redesignation 
request and approval: (1) The D.C. Circuit Court's December 30, 2011 
order staying Cross-State Air Pollution Control Rule (CSAPR) (i.e. 
Transport Rule) pending resolution of the petitions for review of that 
rule in EME Homer City Generation, L.P. v. EPA (No. 11-1302 and 
consolidated cases); (2) the D.C. Circuit Court's August 21, 2012 
decision to vacate and remand to EPA the CSAPR; and, (3) the D.C. 
Circuit Court's January 4, 2013 decision to remand to EPA two final 
rules implementing the 1997 annual PM2.5 standard. Details 
of West Virginia's submittal 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.
    Since the Regional Administrator's signature of the NPR on April 
16, 2014, the Supreme Court issued a decision and order, and the D.C. 
Circuit Court issued an order regarding the status of EPA's regional 
trading programs for transported air pollution, Clean Air Interstate 
Rule (CAIR) and CSAPR. On April 29, 2014, the Supreme Court vacated and 
reversed the D.C. Circuit Court's decision regarding CSAPR and remanded 
that decision to the D.C. Circuit Court to resolve remaining issues in 
accordance with its ruling. EPA v. EME Homer City Generation, L.P., 134 
S. Ct. 1584 (2014). However, this April 29, 2014 Supreme Court decision 
did not lift the stay on the implementation of CSAPR issued by the D.C. 
Circuit Court by order dated December 30, 2011. In light of the April 
29, 2014 Supreme Court decision, on June 26, 2014, EPA moved to have 
the D.C. Circuit Court's December 30, 2011 stay of CSAPR lifted. EME 
Homer City Generation, L.P. v. EPA, Case No. 11-1302, Document No. 
1499505 (D.C. Cir. filed June 26, 2014). In its motion, EPA asked the 
D.C. Circuit Court to toll CSAPR's compliance deadlines by three years, 
so that the Phase 1 emissions budgets apply in 2015 and 2016 (instead 
of 2012 and 2013), and the Phase 2 emissions budgets apply in 2017 and 
beyond (instead of 2014 and beyond). On October 23, 2014, the D.C. 
Circuit Court granted EPA's motion and lifted the stay of CSAPR which 
was imposed on December 30, 2011. EME Homer City Generation, L.P. v. 
EPA, No. 11-1302 (D.C. Cir. Oct. 23, 2014), Order at 3. EPA intends to 
act in accordance with the D.C. Circuit Court's October 23, 2014 order 
and will commence implementation of CSAPR beginning January 2015 
pursuant to the D.C. Circuit Court's directive lifting the stay.
    Also, in the May 5, 2014 NPR, EPA discussed the January 4, 2013 
D.C. Circuit Court's decision regarding subpart 4 and a proposed rule, 
``Identification of Nonattainment Classification and Deadlines for 
Submission of SIP Provisions for the 1997 and 2006 PM2.5 
NAAQS'' (the PM2.5 Subpart 4 Classification and Deadline 
Rule) that EPA issued on November 21, 2013 (78 FR 69806), which 
identifies the classification under subpart 4 for areas currently 
designated nonattainment for the 1997 annual and/or 2006 24-hour 
PM2.5 standards. On June 2, 2014 (79 FR 31566), EPA 
finalized the rule.

II. Final Action

    EPA is taking final action on the redesignation request and SIP 
revisions submitted by the State of West Virginia on August 5, 2013 for 
the West Virginia portion of the Martinsburg Area for the 1997 annual 
PM2.5 NAAQS. EPA is approving West Virginia's redesignation 
request for the 1997 annual PM2.5 NAAQS, because EPA has 
determined that the request meets the redesignation criteria set forth 
in section 107(d)(3)(E) of the CAA.
    EPA is finding that the West Virginia portion of the Martinsburg 
Area has attained and is continuing to attain the 1997 annual 
PM2.5 NAAQS. As explained in the NPR, West Virginia has 
adequately demonstrated that the improvement in air quality is due to 
permanent and enforceable emissions reductions. The air quality 
modeling analysis conducted for the Transport Rule demonstrates that 
the Area would be able to attain the 1997 annual PM2.5 NAAQS 
even in the absence of either CAIR or the Transport Rule. EPA's 
modeling projections show that the ambient monitors in the Area are 
expected to continue to maintain compliance in the 2012 and 2014 ``no 
CAIR'' base cases. Therefore, none of the ambient monitoring sites in 
the Area are ``receptors'' that EPA projects will have future 
nonattainment problems or difficulty maintaining the NAAQS. Given the 
D.C. Circuit Court's October 23, 2014 order lifting the stay on CSAPR, 
EPA expects the State's reliance on CAIR to be replaced with reliance 
on CSAPR beginning in January 2015. CSAPR requires substantial 
reductions of SO2 and NOX emissions from EGUs in 
the Eastern United States, including West Virginia, that significantly 
contribute to downwind nonattainment of the 1997 PM2.5 and 
ozone NAAQS and 2006 PM2.5 NAAQS. Because CSAPR should 
result in greater emissions reductions of SO2 and 
NOX than CAIR in West Virginia and neighboring states, EPA 
expects the West Virginia portion of the Martinsburg Area to continue 
to attain the 1997 annual PM2.5 NAAQS through the 
implementation of CSAPR.
    EPA is also approving the associated maintenance plan for the 
Martinsburg Area as a revision to the West Virginia SIP for the 1997 
annual PM2.5 NAAQS because it meets the requirements of 
section 175A of the CAA. In addition, EPA is approving the 2017 and 
2025 PM2.5 and NOX MVEBs submitted by West 
Virginia for Berkeley County for transportation conformity purposes. 
Furthermore, EPA is approving the 2007 comprehensive emissions 
inventory for the 1997 annual PM2.5 NAAQS as a revision to 
the West Virginia SIP because it meets the requirements of section 
172(c)(3) of the CAA. Approval of this redesignation request will 
change the official designation of the West Virginia portion of the 
Martinsburg Area from nonattainment to attainment for the 1997 annual 
PM2.5 NAAQS.

[[Page 70101]]

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 (Public Law 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 January 26, 2015. 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, MVEBs, and the 2007 comprehensive emissions inventory for the 
West Virginia portion of the Martinsburg Area for the 1997 annual 
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, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: November 6, 2014.
William 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 a 
new entry ``1997 Annual PM2.5 Maintenance Plan for the West 
Virginia Portion of the Martinsburg, WV-Hagerstown, MD 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 geographic        State                              Additional
            revision                       area           submittal date   EPA approval date      explanation
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                                                  * * * * * * *
1997 Annual PM2.5 Maintenance    Berkeley County........          8/5/13  11/25/14 [Insert    See Sec.
 Plan for the West Virginia                                                Federal Register    52.2526(k), Sec.
 Portion of the Martinsburg WV-                                            citation].           52.2531(h) and
 Hagerstown, MD Area.                                                                         Sec.   52.2532(f).
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[[Page 70102]]


0
3. Section 52.2526 is amended by adding paragraph (k) to read as 
follows:


Sec.  52.2526  Control strategy: Particulate matter.

* * * * *
    (k) EPA approves the 1997 annual PM2.5 maintenance plan 
for the West Virginia portion of the Martinsburg WV-Hagerstown, MD 
Nonattainment Area (Berkeley County). The maintenance plan includes the 
2017 and 2025 PM2.5 and NOX mobile vehicle 
emissions budgets (MVEBs) for Berkeley County for transportation 
conformity purposes.

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


Sec.  52.2531  Base year emissions inventory.

* * * * *
    (h) EPA approves as a revision to the West Virginia State 
Implementation Plan the comprehensive emissions inventory for the West 
Virginia portion for the Martinsburg WV-Hagerstown, MD PM2.5 
nonattainment area submitted by the West Virginia Department of 
Environmental Protection on August 5, 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).

0
5. Section 52.2532 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.2532  Motor vehicle emissions budgets.

* * * * *
    (f) EPA approves the following revised 2017 and 2025 motor vehicle 
emissions budgets (MVEBs) for the West Virginia portion of the 
Martinsburg WV-Hagerstown, MD for the 1997 Annual PM2.5 
maintenance area submitted by the Secretary of the Department of 
Environmental Protection on August 5, 2013:

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                                                                                   Tons per year   Tons per year
                   Applicable geographic area                          Year            PM2.5            NOX
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Martinsburg Area (Berkeley County)..............................            2017              83           2,621
Martinsburg Area (Berkeley County)..............................            2025              50           1,660
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
6. The authority citation for part 81 continues to read as follows:

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


0
7. Section 81.349 is amended by revising the entry for ``Martinsburg, 
WV-Hagerstown, MD: Berkeley County'' and footnote 2 at the end of the 
table titled ``West Virginia--1997 Annual PM2.5 NAAQS'' to 
read as follows:


Sec.  81.349  West Virginia.

* * * * *

                                     West Virginia--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
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                                             Designation \a\                         Classification
         Designated Area         -------------------------------------------------------------------------------
                                      Date \1\             Type               Date \2\               Type
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                                                  * * * * * * *
Martinsburg, WV-Hagerstown, MD:
Berkeley County.................        11/25/14   Attainment.........  ...................  Moderate
 
                                                  * * * * * * *
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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 July 2, 2014, unless otherwise noted.

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[FR Doc. 2014-27751 Filed 11-24-14; 8:45 am]
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