  SEQ CHAPTER \h \r 1  	ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

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

Approval and Promulgation of Air Quality Implementation Plans; West
Virginia; Redesignation of the Huntington, West Virginia 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.

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 EPA- R03-OAR-2006-0485.  All documents in the docket are listed
in the     HYPERLINK "http://www.regulations.gov"  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     HYPERLINK "http://www.regulations.gov"  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   HYPERLINK "mailto:caprio.amy@epa.gov"  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 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 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 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).

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 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. 

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, Huntington-Ashland, WV-KY
Area at the end of the table to read as follows:

										

§ 52.2520  		Identification of plan.

*		*		*		*		*

(e)*** 

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

explanation

*                    *                      *                   *       
           *                 *                    *

8-Hour Ozone Maintenance Plan for the Huntington-Ashland, WV-KY Area
Cabell and Wayne Counties 	05/17/06	[Insert Federal Register publication
date] [Insert page number where the document begins]

	

	

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
Huntington-Ashland, WV-KY Area to read as follows:

§ 81.349              West Virginia         

*          *          *          *          *

		West Virginia - Ozone (8-Hour Standard)

Designated Area	Designationa	Category/Classification

	Date1	Type	Date1	Type

*          *          *         *         *          *          *

Huntington-Ashland, WV-KY Area

Cabell County	[Insert date of publication]	Attainment



Wayne 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.

									

									

*          *          *         *         *

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