ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
52
and
81
[
EPA­
R03­
OAR­
2005­
0480;
FRL­
]

Approval
and
Promulgation
of
Air
Quality
Implementation
Plans;
West
Virginia;
Redesignation
of
the
City
of
Weirton
PM­
10
Nonattainment
Area
to
Attainment
and
Approval
of
the
Maintenance
Plan
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Final
rule.

SUMMARY:
EPA
is
approving
a
redesignation
request
and
a
State
Implementation
Plan
(
SIP)

revision
submitted
by
the
State
of
West
Virginia.
This
revision
requests
that
EPA
redesignate
the
Weirton
nonattainment
area
(
Weirton
Area)
to
attainment
for
the
national
ambient
air
quality
standards
(
NAAQS)
for
particulate
matter
with
an
aerodynamic
diameter
less
than
or
equal
to
a
nominal
10
micrometers
(
PM­
10),
and
concurrently
requests
approval
of
a
limited
maintenance
plan
(
LMP)
as
a
revision
to
the
West
Virginia
State
Implementation
(
SIP).
In
this
action,
EPA
is
approving
the
State's
request
to
redesignate
the
area
from
nonattainment
to
attainment,
as
well
as
approving
the
LMP
for
the
Weirton
Area.

EFFECTIVE
DATE:
This
final
rule
is
effective
on
[
insert
date
30
days
from
date
of
publication].

ADDRESSES:
EPA
has
established
a
docket
for
this
action
under
Docket
ID
Number
EPAR03
OAR­
2005­
0480.
All
documents
in
the
docket
are
listed
in
the
www.
regulations.
gov
website.
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
2
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,
WV
25304.

FOR
FURTHER
INFORMATION
CONTACT:
Linda
Miller,
(
215)
814­
2068,
or
by
e­
mail
at
miller.
linda@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
Background
On
May
11,
2006
(
71
FR
27440),
EPA
published
a
notice
of
proposed
rulemaking
(
NPR)
for
the
State
of
West
Virginia.
The
NPR
proposed
approval
of
the
LMP
for
the
Weirton
Area
in
West
Virginia
and
the
State's
request
to
redesignate
the
area
from
nonattainment
to
attainment.
EPA
also
proposed
to
determine
that,
because
the
Weirton
Area
has
continued
to
attain
the
PM­
10
NAAQS,
certain
attainment
demonstration
requirements,
along
with
other
related
requirements
of
the
CAA,
are
not
applicable
to
the
Weirton
Area.
West
Virginia
submitted
a
request
to
redesignate
the
Weirton
Area
to
attainment
for
PM­
10
and
a
SIP
submittal
for
the
related
maintenance
plan
on
May
24,
2004.

.
II.
Summary
of
SIP
Revision
On
May
16,
2001
(
66
FR
27034),
EPA
promulgated
a
final
rule
entitled,
"
Determination
of
Attainment
of
the
NAAQS
for
PM­
10
in
the
Weirton,
West
Virginia
Nonattainment
Area"
finding
that
the
Weirton
PM­
10
nonattainment
had
attained
the
NAAQS
for
PM­
10
by
its
applicable
December
31,
2000
attainment
date.
In
order
to
be
redesignated
from
nonattainment
to
3
attainment,
West
Virginia
requested,
in
a
letter
dated
October
14,
2003,
that
EPA
apply
its
clean
data
policy
to
the
Weirton
Area.
The
redesignation
request,
dated
May
24,
2004,
included
the
associated
SIP
submittal
of
the
maintenance
plan
for
the
Weirton
area.

Other
specific
requirements
of
the
request
for
redesignation
and
the
associated
rationale
and
the
rationale
for
EPA's
proposed
action
are
explained
in
the
NPR
and
will
not
be
restated
here.
EPA
received
one
comment
in
support
of
the
proposed
approval.

III.
Final
Action
EPA
is
approving
the
PM­
10
redesignation
request
for
the
Weirton
Area,
and
also
approving
the
associated
limited
maintenance
plan
as
a
revision
to
the
West
Virginia
SIP.

IV.
Statutory
and
Executive
Order
Reviews
A.
General
Requirements
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
this
action
is
not
a
"
significant
regulatory
action"
and
therefore
is
not
subject
to
review
by
the
Office
of
Management
and
Budget.
For
this
reason,
this
action
is
also
not
subject
to
Executive
Order
13211,
"
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use"
(
66
FR
28355,
May
22,
2001).
This
action
merely
approves
state
law
as
meeting
Federal
requirements
and
imposes
no
additional
requirements
beyond
those
imposed
by
state
law.
Accordingly,
the
Administrator
certifies
that
this
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
under
the
Regulatory
Flexibility
Act
(
5
U.
S.
C.
601
et
seq.).
Because
this
rule
approves
pre­
existing
requirements
under
state
law
and
does
not
impose
any
additional
4
enforceable
duty
beyond
that
required
by
state
law,
it
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).
This
rule
also
does
not
have
tribal
implications
because
it
will
not
have
a
substantial
direct
effect
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
by
Executive
Order
13175
(
65
FR
67249,
November
9,
2000).
This
action
also
does
not
have
Federalism
implications
because
it
does
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132
(
64
FR
43255,
August
10,
1999).

This
action
merely
approves
a
state
rule
implementing
a
Federal
requirement,
and
does
not
alter
the
relationship
or
the
distribution
of
power
and
responsibilities
established
in
the
Clean
Air
Act.

This
rule
also
is
not
subject
to
Executive
Order
13045
AProtection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks@
(
62
FR
19885,
April
23,
1997),
because
it
is
not
economically
significant.

In
reviewing
SIP
submissions,
EPA=
s
role
is
to
approve
state
choices,
provided
that
they
meet
the
criteria
of
the
Clean
Air
Act.
In
this
context,
in
the
absence
of
a
prior
existing
requirement
for
the
State
to
use
voluntary
consensus
standards
(
VCS),
EPA
has
no
authority
to
disapprove
a
SIP
submission
for
failure
to
use
VCS.
It
would
thus
be
inconsistent
with
applicable
law
for
EPA,

when
it
reviews
a
SIP
submission,
to
use
VCS
in
place
of
a
SIP
submission
that
otherwise
satisfies
the
provisions
of
the
Clean
Air
Act.
Thus,
the
requirements
of
section
12(
d)
of
the
5
National
Technology
Transfer
and
Advancement
Act
of
1995
(
15
U.
S.
C.
272
note)
do
not
apply.

This
rule
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act
of
1995
(
44
U.
S.
C.
3501
et
seq.).

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
rule
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.
This
rule
is
not
a
Amajor
rule@
as
defined
by
5
U.
S.
C.
804(
2).
6
C.
Petitions
for
Judicial
Review
Under
section
307(
b)(
1)
of
the
Clean
Air
Act,
petitions
for
judicial
review
of
this
action
to
approve
the
redesignation
request
for
the
Weirton
nonattainment
area
and
approve
the
associated
maintenance
plan
as
a
revision
to
the
SIP
must
be
filed
in
the
United
States
Court
of
Appeals
for
the
appropriate
circuit
by
[
insert
date
60
days
from
date
of
publication
of
this
document
in
the
Federal
Register].
Filing
a
petition
for
reconsideration
by
the
Administrator
of
this
final
rule
does
not
affect
the
finality
of
this
rule
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
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,
Intergovernmental
relations,
Reporting
and
Recordkeeping
requirements,
Particulate
matter.

40
CFR
Part
81
Air
Pollution
Control,
National
parks,
Wilderness
areas
___________________________
Dated:
July
6,
2006
William
T.
Wisniewski,
Acting
Regional
Administrator,
Region
III.
7
40
CFR
Parts
52
and
81
are
amended
as
follows:

PART
52
­
[
AMENDED]

1.
The
authority
citation
for
40
CFR
part
52
continues
to
read
as
follows:

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

Subpart
XX
B
West
Virginia
2.
In
'
52.2520,
the
table
in
paragraph
(
e)
is
amended
by
adding
an
entry
for
the
City
of
Weirton
PM­
10
Maintenance
Plan
at
the
end
of
the
table
to
read
as
follows:

'
52.2520
Identification
of
plan.

*
*
*
*
*

(
e)*
*
*

Name
of
nonregulatory
SIP
revision
Applicable
geographic
area
State
submittal
date
EPA
approval
date
Additional
explanation
*
*
*
*
*
*
*

City
of
Weirton
PM­
10
Maintenance
Plan
Hancock
and
Brooke
Counties
(
part)­
the
City
of
Weirton
4/
24/
04
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]
Limited
maintenance
plan
8
PART
81
­
[
AMENDED]

Subpart
C
­
Section
107
Attainment
Status
Designations
1.
The
authority
citation
for
Part
81
continues
to
read
as
follows:

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

2.
In
'
81.349,
the
table
for
AWest
Virginia
 
PM­
10"
is
amended
by
revising
the
entry
for
Hancock
and
Brooke
Counties
(
part):
The
City
of
Weirton
to
read
as
follows:

'
81.349
West
Virginia
*
*
*
*
*

West
Virginia
­
PM­
10
Designation
Classification
Designated
Area
Date
Type
Date
Type
*
*
*
*
*
*
*

Hancock
and
Brooke
Counties
(
part):

The
City
of
Weirton
[
Insert
60
Days
after
publication
date]
Attainment
*
*
*
*
*
*
*

*
*
*
*
*
