[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17884-17886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06955]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2013-0090; FRL-9908-88-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Approval of the Redesignation Requests and the 
Associated Maintenance Plans of the Charleston Nonattainment Area for 
the 1997 Annual and the 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 
Charleston nonattainment area (hereafter ``the Charleston 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 Area. West 
Virginia's maintenance plans include insignificance findings for the 
mobile source contribution of PM2.5 and nitrogen oxides 
(NOX) emissions to 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 Area for the 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 30, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2013-0090. 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 quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 6, 2012, the West Virginia Department of Environmental 
Protection (WVDEP) formally submitted a request to redesignate the 
Charleston Area from nonattainment to attainment for the 1997 annual 
and the 2006 24-hour PM2.5 NAAQS. Concurrently, WVDEP 
submitted maintenance plans as SIP revisions to ensure continued 
attainment of the standards throughout the Area over the next 10 years. 
The December 6, 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 
(NH3). The Charleston Area is comprised of Kanawha and 
Putnam Counties.
    On January 24, 2014 (79 FR 4121), 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 the 
Charleston 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 (D.C. 
Circuit Court): The D.C. Circuit Court's August 21, 2012 decision to 
vacate and remand to EPA the Cross-State Air Pollution Control Rule 
(CSAPR); and the D.C. Circuit 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 redesignation requests and SIP 
revisions for the Charleston Area submitted by the State of West 
Virginia on December 6, 2012 for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. First, EPA is approving West Virginia's 
redesignation requests for the Charleston Area for the 1997 annual and 
2006 24-hour PM2.5 NAAQS, because EPA has determined that 
the requests meet the redesignation criteria set forth in section 
107(d)(3)(E) of the CAA for these NAAQS. Second, EPA is finding that 
the Charleston 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 Area as revisions to 
the West Virginia SIP for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS because they meet the requirements of section 
175A of the CAA. 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 
Area for the 2006 24-

[[Page 17885]]

hour 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 these redesignation requests will change the official 
designations of the Charleston Area from nonattainment to attainment 
for the 1997 annual and the 2006 24-hour PM2.5 NAAQS.

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 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 30, 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, the 
maintenance plans, the comprehensive emissions inventory and 
transportation conformity insignificance determination for the 
Charleston Area for the 1997 annual and 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, 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: March 13, 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 IMPLEMEMTATION 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 and the 2006 24-Hour PM2.5 
Maintenance Plan for the Charleston 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 Annual and 2006 24-Hour       Kanawha and Putnam          12/6/12  3/31/14 [Insert      See Sec.
 PM2.5 Maintenance Plan for the     Counties.                  6/24/13   page number where    52.2526(j) and
 Charleston Area.                                                        the document         Sec.   52.2531(g).
                                                                         begins].
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[[Page 17886]]


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


Sec.  52.2526  Control strategy: Particular matter.

* * * * *
    (j) EPA approves the maintenance plan for the Charleston 
PM2.5 Nonattainment Area (Kanawha and Putnam Counties). The 
maintenance plan establishes a determination of insignificance for 
PM2.5 and NOX for transportation conformity 
purposes.

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


Sec.  52.2531  Base year emissions inventory.

* * * * *
    (g) EPA approves as a revision to the West Virginia State 
Implementation Plan the comprehensive emissions inventory for the 
Charleston fine particulate matter (PM2.5) nonattainment 
area submitted by the West Virginia Department of Environmental 
Protection on December 6, 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 tables for West Virginia--PM2.5 
(Annual NAAQS) and West Virginia--PM2.5 (24-hour NAAQS) are 
amended by revising the entries for the Charleston Area to read as 
follows:


Sec.  81.349  West Virginia.

* * * * *

                          West Virginia--PM2.5
                             [Annual NAAQS]
------------------------------------------------------------------------
                                             Designation \a\
        Designated area         ----------------------------------------
                                    Date \1\               Type
------------------------------------------------------------------------
 
                              * * * * * * *
Charleston, WV:
    Kanawha County.............         3/31/14  Attainment
    Putnam County..............         3/31/14  Attainment
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian County 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 \a\
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Charleston, WV:
    Kanawha County................                  Unclassifiable/               3/31/14  Attainment
                                                     Attainment.
    Putnam County.................                  Unclassifiable/               3/31/14  Attainment
                                                     Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County 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.

* * * * *
[FR Doc. 2014-06955 Filed 3-28-14; 8:45 am]
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