

[Federal Register: May 8, 2007 (Volume 72, Number 88)]
[Rules and Regulations]               
[Page 25967-25969]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my07-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2006-0817; FRL-8309-9]

 
Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Redesignation of the Parkersburg, WV, Portion of the 
Parkersburg-Marietta, WV-OH 8-Hour Ozone Nonattainment Area to 
Attainment and Approval of the Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 Parkersburg, West Virginia (Parkersburg) 
portion of the Parkersburg-Marietta, WV-OH area (herein referred to as 
the ``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 Parkersburg 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 Parkersburg 8-hour maintenance plan 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 June 7, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2006-0817. 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 January 12, 2007 (72 FR 1474), 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 Parkersburg that sets 
forth how Parkersburg will maintain attainment of the 8-hour ozone 
NAAQS for the next 12 years. The formal SIP revision was submitted by 
the WVDEP on September 8, 2006. Other specific requirements of West 
Virginia's redesignation request SIP revision for the maintenance plan 
and the rationales for EPA's proposed actions are explained in the NPR 
and will not be restated here.
    On February 9, 2007, EPA received a comment, from the West Virginia 
Manufacturers Association, in support of its January 12, 2007 NPR. 
Also, on February 15, 2007, EPA received a comment, from the West 
Virginia Chamber of Commerce, in support of its January 12, 2007 NPR. 
EPA recognizes the support provided in these comments but does not 
believe any specific response to comments is necessary with respect to 
these comments.
    Additionally, the United States Court of Appeals for the District 
of Columbia Circuit recently vacated EPA's April 30, 2004 ``Final Rule 
to Implement the 8-Hour Ozone National Ambient Standard'' (the Phase 1 
implementation rule). South Coast Air Quality Management District v. 
EPA, 472 F.3d 882 (D.C. Cir. 2007). EPA issued a supplemental proposed 
rulemaking that set forth its views on the potential effect of the 
Court's ruling on this and other proposed redesignation actions. 72 FR 
13452 (March 22, 2007). EPA proposed to find that the Court's ruling 
does not alter any requirements relevant to the proposed redesignations 
that would prevent EPA from finalizing these redesignations, for the 
reasons fully explained in the supplemental notice. EPA provided a 15-
day review and comment period on this supplemental proposed rulemaking. 
The public comment period closed on April 6, 2007. EPA received six 
comments, all supporting EPA's supplemental proposed rulemaking, and 
supporting redesignation of the affected areas. EPA recognizes the 
support provided in these comments as well, but again, we do not 
believe any specific response to comments is necessary with respect to 
these comments. In addition, several of these comments included 
additional rationale for proceeding with these proposed redesignations. 
EPA had not requested comment on any additional rationale, does not 
believe any additional rationale is necessary, and similarly does not 
believe any specific response to these comments is necessary, and thus 
has not provided any.

II. Final Action

    EPA is approving the State of West Virginia's September 8, 2006 
redesignation request and maintenance plan because the requirements for 
approval have been satisfied. EPA has evaluated West Virginia's 
redesignation request, submitted on September 8, 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 Parkersburg has attained the 8-
hour ozone standard. The final approval of this redesignation request 
will change the designation of the Parkersburg, West Virginia portion 
of the Area from nonattainment to attainment for the 8-

[[Page 25968]]

hour ozone standard. EPA is approving the associated maintenance plan 
for Parkersburg, submitted on September 8, 2006, as a revision to the 
West Virginia SIP. EPA is approving the maintenance plan for 
Parkersburg 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 in conjunction 
with its redesignation request. In this final rulemaking, EPA is 
notifying the public that we have found that the MVEBs for 
NOX and VOCs in the Parkersburg portion of the 8-hour ozone 
maintenance plan are adequate and approved for conformity purposes. As 
a result of our finding, Wood County must use the MVEBs from the 
submitted 8-hour ozone maintenance plan for future conformity 
determinations. The adequate and approved MVEBs are provided in the 
following table:

  Adequate and Approved Motor Vehicle Emissions Budgets (MVEBs) in Tons
                              Per Day (TPD)
------------------------------------------------------------------------
                       Budget year                          NOX     VOC
------------------------------------------------------------------------
2009....................................................     4.1     3.0
2018....................................................     2.0     1.9
------------------------------------------------------------------------

    Parkersburg 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 July 9, 2007. 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 Parkersburg, 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: April 26, 2007.
Judith Katz,
Acting Regional Administrator, Region III.

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

[[Page 25969]]

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, Parkersburg-Marietta, WV-
OH Area at the end of the table to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

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

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan    Wood County.......        09/08/06  05/08/07 [Insert
 for the Parkersburg-Marietta,                                        page number where
 WV-OH Area.                                                          the document
                                                                      begins].
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PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.349 the table entitled ``West Virginia--Ozone (8-Hour 
Standard)'' is amended by revising the entry for the Parkersburg-
Marietta, WV-OH Area to read as follows:


Sec.  81.349  West Virginia.

* * * * *

                                              West Virginia--Ozone
                                                [8-Hour Standard]
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                                              Designation a                      Category/Classification
         Designated Area         -------------------------------------------------------------------------------
                                      Date 1              Type                 Date 1                Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Parkersburg-Marietta, WV-OH Area
Wood County.....................        05/08/07  Attainment..........

                                                  * * * * * * *
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\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. E7-8678 Filed 5-7-07; 8:45 am]

BILLING CODE 6560-50-P
