[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Rules and Regulations]
[Pages 22423-22425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08835]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0369; FRL-9803-2]
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 the 1997 Fine Particulate Matter National Ambient Air Quality
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving 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 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 approving the 2002 base year
PM2.5 emissions inventory in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on May 16, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0369. 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: This supplementary information section is
arranged as follows:
I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On December 26, 2012 (77 FR 75933), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. The NPR
proposed approval of the PM2.5 2002 base year emissions
inventory for the West Virginia portion of the Steubenville-Weirton
Area. The formal SIP revision was submitted by the State of West
Virginia on June 24, 2009.
II. Summary of SIP Revision
The PM2.5 2002 base year emission inventory submitted by
WVDEP on June
[[Page 22424]]
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 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). The year 2002
was selected by WVDEP as the base year for the emissions inventory per
40 CFR 51.1008(b).
EPA reviewed the results, procedures and methodologies for the base
year emissions inventory submitted by WVDEP. EPA found that the process
used to develop this emissions inventory for the West Virginia portion
of the Steubenville-Weirton Area is adequate and meets the requirements
of CAA section 172(c)(3), the implementing regulations, and EPA
guidance for emission inventories. EPA's evaluation can be found in the
Technical Support Document dated August 12, 2010, available online at
www.regulations.gov, Docket No. EPA-R03-OAR-2012-0369. Specific
requirements of the base year inventory and the rationale for EPA's
action are explained in the NPR and will not be restated here. No
public comments were received on the NPR.
III. Final Action
EPA is approving the 2002 base year PM2.5 emissions
inventory for the West Virginia portion of the Steubenville-Weirton as
a revision to the West Virginia SIP.
IV. 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 June 17, 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 pertaining to the PM2.5 2002 base year
emissions inventory for the West Virginia portion of the Steubenville-
Weirton Area may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
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.
Dated: April 3, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR Part 52 is 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 at
the end of the table an entry for 2002 Base Year Emissions Inventory
for the 1997 fine particulate matter (PM2.5) standard to
read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(e) * * *
[[Page 22425]]
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State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
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* * * * * * *
2002 Base Year Emissions West Virginia 6/24/09 4/16/13 [Insert page number 52.2531(e).
Inventory for the 1997 fine portion of the where the document begins].
particulate matter (PM2.5) Steubenville-
standard. Weirton, OH-WV
1997 PM2.5
nonattainment
area.
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0
3. Section 52.2531 is amended by adding paragraph (e) to read as
follows:
Sec. 52.2531 Base year emissions inventory.
* * * * *
(e) EPA approves as a revision to the West Virginia State
Implementation Plan the 2002 base year emissions inventory for the West
Virginia portion of the Steubenville-Weirton, OH-WV fine particulate
matter (PM2.5) nonattainment area submitted by the West
Virginia Department of Environmental Protection on June 24, 2009. The
2002 base year emissions inventory includes emissions estimates that
cover the general source categories of point sources, non-road mobile
sources, area sources, on-road mobile sources, and biogenic sources.
The pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3), and
sulfur dioxide (SO2).
[FR Doc. 2013-08835 Filed 4-15-13; 8:45 am]
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