

[Federal Register: September 15, 2006 (Volume 71, Number 179)]
[Rules and Regulations]               
[Page 54421-54423]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se06-11]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2006-0485; FRL-8219-9]

 
Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Redesignation of the Huntington, WV Portion of the 
Huntington-Ashland 8-Hour Ozone 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 Huntington, West Virginia (Huntington) 
portion of the Huntington-Ashland, WV-KY 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 
Huntington 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 Huntington 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.

DATES: Effective Date: This final rule is effective on October 16, 
2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2006-0485. All documents in the docket are listed in 
the http://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 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: 

I. Background

    On July 13, 2006 (71 FR 39618), 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 Huntington that sets forth how 
Huntington will maintain attainment of the 8-hour ozone NAAQS for the 
next 12 years. The formal SIP revision was submitted by the WVDEP on 
May 17, 2006. 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. No public comments were received on the NPR.

II. Final Action

    EPA is approving the State of West Virginia's May 17, 2006 
redesignation request and maintenance plan because the requirements for 
approval have been satisfied. EPA has evaluated West Virginia's 
redesignation request, submitted on May 17, 2006, 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 Huntington has attained the 8-hour ozone 
standard. The final approval of this redesignation request will change 
the designation of the Huntington, West Virginia portion of the 
Huntington-Ashland area from nonattainment to attainment for the 8-hour 
ozone standard. EPA is approving the associated maintenance plan for 
this area, submitted on May 17, 2006, as a revision to the West 
Virginia SIP. EPA is approving the maintenance plan for Huntington 
because it meets the requirements of section 175A and 175A(b) with 
respect to the 1-hour ozone maintenance plan update. EPA is

[[Page 54422]]

also approving the MVEBs submitted by West Virginia for this area in 
conjunction with its redesignation request. Huntington is subject to 
the CAA's requirements for basic ozone nonattainment areas until and 
unless it is redesignated to attainment.

III. 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 (Pub. L. 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).

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 November 14, 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 Huntington, 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: September 6, 2006.
W.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, Huntington-Ashland, WV-KY 
Area at the end of the table to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

[[Page 54423]]



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

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan for     Cabell and Wayne            05/17/06  09/15/06 [Insert page    ...........
 the Huntington-Ashland, WV-KY Area.   Counties.                             number where the
                                                                             document begins].
----------------------------------------------------------------------------------------------------------------

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 
Huntington-Ashland, WV-KY 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
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Huntington-Ashland, WV-KY Area:
    Cabell County................     09/15/06  Attainment                 ...........  ........................
    Wayne County.................     09/15/06  Attainment                 ...........  ........................

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

* * * * *
[FR Doc. E6-15334 Filed 9-14-06; 8:45 am]

BILLING CODE 6560-50-P
