[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Proposed Rules]
[Pages 75933-75935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31081]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0369; FRL- 9764-5]
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 1997 Annual Fine Particulate Matter National Ambient Air Quality
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve 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
[[Page 75934]]
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 proposing to approve the 2002 base
year emissions inventory for the West Virginia portion of the
Steubenville-Weirton Area in accordance with the requirements of the
Clean Air Act (CAA).
DATES: Written comments must be received on or before January 25, 2013.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0369 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2012-0369, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0369. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy 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. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, EPA established an annual PM2.5 NAAQS
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to
as ``the 1997 annual PM2.5 NAAQS''), based on a 3-year
average of annual mean PM2.5 concentrations (62 FR 38652).
At that time, EPA also established a 24-hour standard of 65 [mu]g/m\3\.
See 40 CFR 50.7. The 1997 annual PM2.5 NAAQS were based on
significant evidence and numerous health studies demonstrating that
serious health effects are associated with exposures to particulate
matter.
The process for designating areas following promulgation of a new
or revised NAAQS is contained in section 107(d)(1) of the CAA. On
January 5, 2005, EPA published its air quality designations and
classifications for the 1997 annual PM2.5 NAAQS based upon
air quality monitoring data for calendar years 2001-2003 (70 FR 944).
These designations became effective on April 5, 2005. On April 14,
2005, EPA promulgated a supplemental rule amending the initial
designations (70 FR 19844), with the same effective date (April 5,
2005) at 70 FR 944. As a result of this supplemental rule, the
Steubenville-Weirton Area was designated nonattainment for the 1997
annual PM2.5 NAAQS. The Steubenville-Weirton Area is
comprised of Brooke County and Hancock County in West Virginia (the
West Virginia portion), and Jefferson County in Ohio. See 40 CFR 81.336
(Ohio) and 40 CFR 81.349 (West Virginia).
On September 14, 2011 (76 FR 56641), EPA determined that the West
Virginia portion of the Steubenville-Weirton Area had attained the 1997
annual PM2.5 NAAQS. That determination was based on
complete, quality-assured, quality-controlled, and certified ambient
air monitoring data for the 2007-2009 period showing that the entire
Steubenville-Weirton Area had monitored attainment of the 1997 annual
PM2.5 NAAQS. EPA also evaluated preliminary quality-assured
data available to date for 2010. The September 14, 2011 determination
suspended the requirements for West Virginia to submit, for the West
Virginia portion of the Steubenville-Weirton Area, an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIP revisions related to attainment of the standard for so
long as the Steubenville-Weirton Area continues to meet the 1997 annual
PM2.5 NAAQS.
Section 172(c)(3) of the CAA requires states to submit a
comprehensive, accurate, and current inventory of actual emissions for
each nonattainment area. EPA's requirements for an emissions inventory
for the PM2.5 NAAQS are set forth in 40 CFR 51.1008. This
proposed rulemaking action is limited to the approval of the emissions
inventory included in West Virginia's June 24, 2009 submittal for the
West Virginia portion of the Steubenville-Weirton Area. A separate
action will be taken on the remainder of the SIP submittal.
II. Summary of SIP Revision
The 2002 base year emission inventory submitted by WVDEP on June
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
[[Page 75935]]
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). EPA has
reviewed the results, procedures and methodologies for the base year
emissions inventory submitted by WVDEP. The year 2002 was selected by
WVDEP as the base year for the emissions inventory per 40 CFR
51.1008(b). A discussion of the emissions inventory development as well
as the emissions inventory for the West Virginia portion of the
Steubenville-Weirton Area can be found in Appendix C of the June 24,
2009 SIP submittal. Table 1, below, provides a summary of the annual
2002 emissions of PM2.5, PM10, SO2,
NOX, VOC, and NH3 for the June 24, 2009 West
Virginia submittal.
Table 1--2002 Base Year Inventory for the West Virginia Portion of the Steubenville-Weirton Area, in tons per year (tpy)
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Source Sector NH3 NOX PM10 PM2.5 SO2 VOC
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Point................................................... 149 2,160 7,697 6,844 2,138 2,776
Area.................................................... 822 1,721 2,497 561 718 1,941
Nonroad................................................. 0 1,499 71 66 76 497
Onroad.................................................. 44 992 22 14 46 1,046
Biogenic................................................ N/A 108 N/A N/A N/A 4,693
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Total............................................... 1,016 6,480 10,287 7,485 2,979 10,952
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The CAA section 172(c)(3) emissions inventory is developed by the
incorporation of data from multiple sources. States were required to
develop and submit to EPA a triennial emissions inventory according to
the Consolidated Emissions Reporting Rule (CERR) for all source
categories (i.e., point, area, nonroad mobile and on-road mobile).
EPA's review and evaluation of the methods used for the emissions
inventory submitted by West Virginia are found in the Technical Support
Document dated August 12, 2010, available online at
www.regulations.gov, Docket No. EPA-R03-OAR-2012-0369. EPA finds that
the process used to develop this emissions inventory for the West
Virginia portion of the Steubenville Weirton Area is adequate to meet
the requirements of CAA section 172(c)(3), the implementing
regulations, and EPA guidance for emission inventories.
III. Proposed Action
EPA is proposing to approve the 2002 base year emissions inventory
portion of the SIP revision submitted by the State of West Virginia on
June 24, 2009 for the West Virginia portion of the Steubenville-Weirton
Area, as it meets the requirements of section 172(c)(3) of the CAA. EPA
has made the determination that this action is consistent with section
110 of the CAA. EPA is soliciting public comments on the issues
discussed in this document, which will be considered before taking
final action.
IV. Statutory and Executive Order Reviews
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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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 proposed rule, pertaining to the 2002 base year
emissions inventory for the West Virginia portion of the Steubenville-
Weirton Area for the West Virginia SIP, 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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 14, 2012.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-31081 Filed 12-21-12; 4:15 pm]
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