

[Federal Register: July 11, 2006 (Volume 71, Number 132)]
[Rules and Regulations]               
[Page 39001-39004]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy06-11]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2005-0548; FRL-8191-9]

 
Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Redesignation of the Charleston Nonattainment Area to 
Attainment and Approval of the Area's 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. The West Virginia Department of Environmental Protection 
(WVDEP) is requesting that the Charleston area be redesignated as 
attainment for the 8-hour ozone national ambient air quality standard 
(NAAQS). In conjunction with its redesignation request, the State 
submitted a SIP revision consisting of a maintenance plan for the 
Charleston area that provides for continued attainment of the 8-hour 
ozone NAAQS for the next 12 years, until 2018. Concurrently, EPA is 
approving the maintenance plan as meeting the requirements of Clean Air 
Act (CAA) 175A(b) with respect to the 1-hour ozone maintenance plan 
update. EPA is also approving the adequacy determination for the motor 
vehicle emission budgets (MVEBs) that are identified in the 8-hour 
maintenance plan for the Charleston area for purposes of transportation 
conformity, and is approving those MVEBs. EPA is approving the 
redesignation request and the maintenance plan revision to the West 
Virginia SIP in accordance with the requirements of the CAA.

EFFECTIVE DATE: This final rule is effective on August 10, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2005-0548. All documents in the docket are listed in 
the http://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 http://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, WV 25304.

FOR FURTHER INFORMATION CONTACT: Amy Caprio, (215) 814-2156, or by e-
mail at caprio.amy@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 39002]]

I. Background

    On May 4, 2006 (71 FR 26299), EPA published a notice of proposed 
rulemaking (NPR) for the State of West Virginia. The NPR proposed 
approval of West Virginia's redesignation request and a SIP revision 
that establishes a maintenance plan for the Charleston area that sets 
forth how the Charleston area will maintain attainment of the 8-hour 
ozone NAAQS for the next 12 years. The formal SIP revision was 
submitted by the WVDEP on November 30, 2005. Other specific 
requirements of West Virginia's redesignation request SIP revision for 
the maintenance plan and the rationale for EPA's proposed action are 
explained in the NPR and will not be restated here.
    On May 23, 2006, EPA received a comment, from the West Virginia 
Division of Highways, in support of the redesignation of the Charleston 
area. However, errata were found on pages 26302, 26307, and 26309 of 
the NPR. On page 26302 (Table 1) and page 26309 (Table 7), an error 
occurred in the use of significant digits for the 2018 MVEBs. The 
correct MVEB for NOX should read 8.2 tons per day (tpd) 
instead of 8.20 tpd. The correct MVEB for VOCs should read 7.2 tpd 
instead of 7.20 tpd. On page 26307 in the first column, there was an 
error in reference to West Virginia state regulation, 45CSR3. The 
correct regulation referenced should read 45CSR39. Lastly, on page 
26309 in the second column, there was an incorrect reference to the 
Virginia Department of Environmental Quality (VADEQ). The correct 
reference should read the West Virginia Department of Environmental 
Protection (WVDEP).

II. Final Action

    EPA is approving the State of West Virginia's November 30, 2005 
redesignation request and maintenance plan because the requirements for 
approval have been satisfied. EPA has evaluated West Virginia's 
redesignation request, submitted on November 30, 2005, and determined 
that it meets the redesignation criteria set forth in section 
107(d)(3)(E) of the CAA. EPA believes that the redesignation request 
and monitoring data demonstrate that the Charleston area has attained 
the 8-hour ozone standard. The final approval of this redesignation 
request will change the designation of the Charleston area from 
nonattainment to attainment for the 8-hour ozone standard. EPA is 
approving the associated maintenance plan for this area, submitted on 
November 30, 2005, as a revision to the West Virginia SIP. EPA is 
approving the maintenance plan for the Charleston area because it meets 
the requirements of section 175A and 175A(b) with respect to the 1-hour 
ozone maintenance plan update. EPA is also approving the MVEBs 
submitted by West Virginia for this area in conjunction with its 
redesignation request. The Charleston area is subject to the CAA's 
requirements for basic ozone nonattainment areas until and unless it is 
redesignated to attainment.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
final 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 approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Redesignation of an area to attainment under section 107(d)(3)(e) of 
the Clean Air Act does not impose any new requirements on small 
entities. Redesignation is an action that affects the status of a 
geographical area and does not impose any new regulatory requirements 
on sources. Accordingly, the Administrator certifies that this final 
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 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 final rule also does 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), nor 
will it 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), because it affects the status of a geographical area, does 
not impose any new requirements on sources, or allow the state to avoid 
adopting or implementing other requirements, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This final rule also is not subject 
to Executive Order 13045 (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. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any new requirements on sources. Thus, the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
final rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order.

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 
``major rule'' as defined by 5 U.S.C. 804(2).

[[Page 39003]]

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 11, 2006. 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, to approve the redesignation request, maintenance plan 
and adequacy determination for MVEBs for the Charleston area, 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, Ozone, Nitrogen dioxides, Reporting and recordkeeping 
requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: June 22, 2006.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

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 8-Hour Ozone Maintenance Plan, Charleston, WV Area at the 
end of the table to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval  date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan for  Charleston Area            11/30/05  07/11/06 [Insert     Action includes
 the Charleston, WV Area.           (Kanawha and                         page number where    approval of the
                                    Putnam Counties).                    the document         following motor
                                                                         begins].             vehicle emission
                                                                                              budgets (MVEB):
                                                                                              8.2 tons per day
                                                                                              (tpd) for NOX and
                                                                                              7.2 tpd for VOC.
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
1. The authority citation for Part 81 continues to read as follows:

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


0
2. Section 81.349 is amended by revising the ozone table entry for the 
Charleston, WV Area to read as follows:


Sec.  81.349  West Virginia.

* * * * *

                                              West Virginia--Ozone
                                                [8-hour standard]
----------------------------------------------------------------------------------------------------------------
                                             Designation \a\                     Category/classification
         Designated area         -------------------------------------------------------------------------------
                                     Date \1\             Type                Date \1\               Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Charleston, WV Area:
    Kanawha County..............        07/11/06  Attainment..........
    Putnam County...............        07/11/06  Attainment..........

                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.


[[Page 39004]]

* * * * *

[FR Doc. 06-6085 Filed 7-10-06; 8:45 am]

BILLING CODE 6560-50-P
