ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
52
and
81
[
EPA­
R03­
OAR­
2005­
0548;
FRL­
]

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
[
insert
date
30
days
from
date
of
publication].
2
ADDRESSES:
EPA
has
established
a
docket
for
this
action
under
Docket
ID
Number
EPAR03
OAR­
2005­
0548.
All
documents
in
the
docket
are
listed
in
the
www.
regulations.
gov
website.
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,
WV
25304.

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

SUPPLEMENTARY
INFORMATION:

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
3
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
4
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
Fed.
Reg.
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
5
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
6
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).

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
[
insert
date
60
days
from
date
of
publication
of
this
document
in
the
Federal
Register].
Filing
a
petition
for
7
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
/
s/

_________
___________________________
Dated:
June
22,
2006
William
T.
Wisniewski,
Acting
Regional
Administrator,
Region
III.
8
40
CFR
parts
52
and
81
are
amended
as
follows:

PART
52
­
[
AMENDED]

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

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

Subpart
XX 
West
Virginia
2.
In
§
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:

§
52.2520
Identification
of
plan.

*
*
*
*
*

(
e)***

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

8­
Hour
Ozone
Maintenance
Plan
for
the
Charleston,
WV
Area
Charleston
Area
(
Kanawha
and
Putnam
Counties)
11/
30/
05
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]
Action
includes
approval
of
the
following
motor
vehicle
emission
budgets
(
MVEB):
8.2
tons
per
day
(
tpd)
for
NOx
and
7.2
tpd
for
VOC.
9
PART
81
­
[
AMENDED]

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

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

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

§
81.349
West
Virginia
*
*
*
*
*

West
Virginia
­
Ozone
(
8­
Hour
Standard)

Designationa
Category/
Classificati
on
Designated
Area
Date1
Type
Date1
Type
*
*
*
*
*
*
*

Charleston,
WV
Area
Kanawha
County
[
Insert
date
of
publication]
Attainment
Putnam
County
[
Insert
date
of
publication]
Attainment
*
*
*
*
*
*

aIncludes
Indian
country
located
in
each
county
or
area
except
otherwise
noted.
1
This
date
is
June
15,
2004,
unless
otherwise
noted.

*
*
*
*
*
