  SEQ CHAPTER \h \r 1  	ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

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

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

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.

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-2006-0817.  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 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-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 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 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. 

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, Parkersburg-Marietta, WV-OH
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 Parkersburg-Marietta, WV-OH Area
Wood County 	09/08/06	[Insert Federal Register publication date] [Insert
page number where the document begins]

	

	

PART 81 - [AMENDED]

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

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

	4.  In § 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:

§ 81.349              West Virginia         

*          *          *          *          *

		West Virginia - Ozone (8-Hour Standard)

Designated Area	Designationa	Category/Classification

	Date1	Type	Date1	Type

*          *          *         *         *          *          *

Parkersburg-Marietta, WV-OH Area

Wood 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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