

[Federal Register: September 13, 2007 (Volume 72, Number 177)]
[Rules and Regulations]               
[Page 52289-52293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se07-6]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 97

[EPA-R03-OAR-2007-0448; FRL-8465-6]

 
Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
West Virginia State Implementation Plan (SIP) submitted on June 8, 
2007. This revision incorporates provisions related to the 
implementation of EPA's Clean Air Interstate Rule (CAIR), promulgated 
on May 12, 2005 and subsequently revised on April 28, 2006 and December 
13, 2006, and the CAIR Federal Implementation Plan (CAIR FIP) 
concerning sulfur dioxide (SO2), nitrogen oxides 
(NOX) annual, and NOX ozone season emissions for 
the State of West Virginia, promulgated on April 28, 2006 and 
subsequently revised on December 13, 2006. In this direct final action, 
EPA is not making any changes to the CAIR FIP, but is amending the 
appropriate appendices in the CAIR FIP trading rules simply to note 
that approval. In accordance with the Clean Air Act, EPA is approving 
this West Virginia SIP revision as an abbreviated SIP revision which 
addresses the methodology to be used to allocate annual and ozone 
season NOX allowances under the CAIR FIPs.

DATES: This rule is effective on November 13, 2007 without further 
notice, unless EPA receives adverse written comment by October 15, 
2007. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0448 by one of the following methods:
    A. Follow the on-line instructions for submitting comments.
    B. E-mail: powers.marilyn@epa.gov.
    C. Mail: EPA-R03-OAR-2007-0448, Marilyn Powers, Acting Chief, Air 
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0448. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov
 or e-mail. The www.regulations.gov Web site is an 

``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., 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 in http://www.regulations.gov or 

in hard copy 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, 
West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308 or by 
e-mail at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What Action is EPA Taking?
II. What is the Regulatory History of CAIR and the CAIR FIPs?
III. What are the General Requirements of CAIR and the CAIR FIPs?
IV. What is an Abbreviated CAIR SIP Revision?
V. Analysis of West Virginia's Abbreviated CAIR SIP Submittal
VI. Final Action
VII. Statutory and Executive Order Reviews

I. What Action is EPA Taking?

    EPA is approving a revision to West Virginia's SIP, submitted on 
June 8, 2007 that will modify the application of certain provisions of 
the CAIR FIP concerning SO2, NOX annual and 
NOX ozone season emissions. As discussed below, this less 
comprehensive CAIR SIP is termed an abbreviated SIP. West Virginia is 
subject to the CAIR FIPs that implement the CAIR requirements by 
requiring certain EGUs to participate in the EPA-administered Federal 
CAIR SO2, NOX annual, and NOX ozone 
season cap-and-trade programs.
    The West Virginia SIP revision provides a methodology for 
allocating NOX allowances for the NOX annual and 
NOX ozone season trading programs. The CAIR FIPs provide 
that this methodology, if approved as EPA is proposing, will be used to 
allocate NOX allowances to sources in West Virginia, instead 
of the federal allocation methodology otherwise provided in the FIP. 
EPA is not proposing to make any changes to the CAIR FIP, but is 
proposing, to the extent EPA approves West Virginia's SIP revision, to 
amend the appropriate appendices in the CAIR FIP trading rules simply 
to note that approval.

[[Page 52290]]

II. What is the Regulatory History of CAIR and the CAIR FIPs?

    CAIR was published by EPA on May 12, 2005 (70 FR 25162). In this 
rule, EPA determined that 28 States and the District of Columbia 
contribute significantly to nonattainment and/or interfere with 
maintenance of the national ambient air quality standards (NAAQS) for 
fine particles (PM2.5) and/or 8-hour ozone in downwind 
States in the eastern part of the country. As a result, EPA required 
those upwind States to revise their SIPs to include control measures 
that reduce emissions of SO2, which is a precursor to 
PM2.5 formation, and/or NOX, which is a precursor 
to both ozone and PM2.5 formation. For jurisdictions that 
contribute significantly to downwind PM2.5 nonattainment, 
CAIR sets annual State-wide emission reduction requirements (i.e., 
budgets) for SO2 and annual State-wide emission reduction 
requirements for NOX. Similarly, for jurisdictions that 
contribute significantly to 8-hour ozone nonattainment, CAIR sets 
State-wide emission reduction requirements for NOX for the 
ozone season (May 1 to September 30). Under CAIR, States may implement 
these emission budgets by participating in the EPA-administered cap-
and-trade programs or by adopting control measures.
    Section 110(a)(2)(D) of the Clean Air Act requires that States 
prohibit emissions that contribute significantly to nonattainment of, 
or interfere with, maintenance of the NAAQS in downwind States. CAIR 
explains to subject States what must be included in SIPs to address the 
requirements of section 110(a)(2)(D) of the Clean Air Act with regard 
to interstate transport with respect to the 8-hour ozone and 
PM2.5 NAAQS. EPA made national findings, effective May 25, 
2005, that the States had failed to submit SIPs meeting the 
requirements of section 110(a)(2)(D).
    The SIPs were due in July 2000, 3 years after the promulgation of 
the 8-hour ozone and PM2.5 NAAQS. These findings started a 
2-year clock for EPA to promulgate a Federal Implementation Plan (FIP) 
to address the requirements of section 110(a)(2)(D). Under Clean Air 
Act section 110(c)(1), EPA may issue a FIP anytime after such findings 
are made and must do so within two years unless a SIP revision 
correcting the deficiency is approved by EPA before the FIP is 
promulgated.
    On April 28, 2006, EPA promulgated FIPs for all States covered by 
CAIR in order to ensure the emissions reductions required by CAIR are 
achieved on schedule. Each CAIR State is subject to the FIPs until the 
State fully adopts, and EPA approves, a SIP revision meeting the 
requirements of CAIR. The CAIR FIPs require certain EGUs to participate 
in the EPA-administered CAIR SO2, NOX annual, and 
NOX ozone-season model trading programs, as appropriate. The 
CAIR FIP SO2, NOX annual, and NOX 
ozone season trading programs impose essentially the same requirements 
as, and are integrated with, the respective CAIR SIP trading programs. 
The integration of the CAIR FIP and SIP trading programs means that 
these trading programs will work together to create effectively a 
single trading program for each regulated pollutant (SO2, 
NOX annual, and NOX ozone season) in all States 
covered by CAIR FIP or SIP trading program for that pollutant. The CAIR 
FIPs also allow States to submit abbreviated SIP revisions that, if 
approved by EPA, will automatically replace or supplement the 
corresponding CAIR FIP provisions (e.g., the methodology for allocating 
NOX allowances to sources in the state), while the CAIR FIP 
remains in place for all other provisions. The CAIR FIP trading rules 
include appendices in which EPA intends to list each State for which 
EPA approves an abbreviated SIP revision. The appendices will indicate 
which provisions of the CAIR FIP are automatically replaced or 
supplemented by each approved, abbreviated SIP.
    On April 28, 2006, EPA published two CAIR-related final rules that 
added the States of Delaware and New Jersey to the list of States 
subject to CAIR for PM2.5 and announced EPA's final 
decisions on reconsideration of five issues without making any 
substantive changes to the CAIR requirements.

III. What are the General Requirements of CAIR and the CAIR FIPs?

    CAIR establishes State-wide emission budgets for SO2 and 
NOX and is to be implemented in two phases. The first phase 
of NOX reductions starts in 2009 and continues through 2014, 
while the first phase of SO2 reductions starts in 2010 and 
continues through 2014. The second phase of reductions for both 
NOX and SO2 starts in 2015 and continues 
thereafter. CAIR requires States to implement the budgets by either: 
(1) Requiring EGUs to participate in the EPA-administered cap-and-trade 
programs or, (2) adopting other control measures of the State's 
choosing and demonstrating that such control measures will result in 
compliance with the applicable State SO2 and NOX 
budgets.
    The May 12, 2005 and April 28, 2006 CAIR rules provide model rules 
that States must adopt (with certain limited changes, if desired) if 
they want to participate in the EPA-administered trading programs. With 
two exceptions, only States that choose to meet the requirements of 
CAIR through methods that exclusively regulate EGUs are allowed to 
participate in the EPA-administered trading programs. One exception is 
for States that adopt the opt-in provisions of the model rules to allow 
non-EGUs individually to opt into the EPA-administered trading 
programs. The other exception is for States that include all non-EGUs 
from their NOX SIP Call \1\ trading programs in their CAIR 
NOX ozone season trading programs.
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    \1\ EPA promulgated the NOX SIP Call on October 27, 
1998 (63 FR 57356) to address transported emissons of ozone in 22 
States and the District of Columbia that significantly contributed 
to downwind nonattainment of the one-hour ozone standard. The 
NOX SIP Call trading program applied to large EGUs and 
large industrial units.
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IV. What is an Abbreviated CAIR SIP Revision?

    States have the flexibility to choose the type of control measures 
they will use to meet the requirements of CAIR. EPA anticipates that 
most States will choose to meet the CAIR requirements by selecting an 
option that requires EGUs to participate in the EPA-administered CAIR 
cap-and-trade programs. For such States, EPA has provided two 
approaches for submitting and obtaining approval for CAIR SIP 
revisions. States may submit full SIP revisions that adopt the model 
CAIR cap-and-trade rules. If approved, these SIP revisions will fully 
replace the CAIR FIPs. Alternatively, States may submit abbreviated SIP 
revisions. These SIP revisions will not replace the CAIR FIPs; however, 
the CAIR FIPs provide that, when approved, the provisions in these 
abbreviated SIP revisions will be used instead of or in conjunction 
with, as appropriate, the corresponding provisions of the CAIR FIPs 
(e.g., the NOX allowance allocation methodology).
    A State submitting an abbreviated SIP revision may submit limited 
SIP revisions to tailor the CAIR FIP cap-and-trade programs to the 
state submitting the revision. Specifically, an abbreviated SIP 
revision may establish certain applicability and allowance allocation 
provisions that, as the CAIR FIPs provide, will be used instead of, or 
in conjunction with, the corresponding provisions in the CAIR FIP rules 
in that State. Specifically, the abbreviated SIP revisions may:
    1. Include NOX SIP Call trading sources that are not 
EGUs under CAIR

[[Page 52291]]

in the CAIR FIP NOX ozone season trading program;
    2. Provide for allocation of NOX annual or ozone season 
allowances by the State, rather than the Administrator, and using a 
methodology chosen by the State;
    3. Provide for allocation of NOX annual allowances from 
the compliance supplement pool (CSP) by the State, rather than by the 
Administrator, and using the State's choice of allowed alternative 
methodologies; or
    4. Allow units that are not otherwise CAIR units to opt 
individually into the CAIR FIP cap-and-trade program under the opt-in 
provisions in the CAIR FIP rules.
    With approval of an abbreviated SIP revision, the CAIR FIP remains 
in place, as tailored to sources in the State by that approved SIP 
revision. Abbreviated SIP revisions can be submitted in lieu of, or as 
part of, CAIR full SIP revisions. States may want to designate part of 
their full SIP as an abbreviated SIP for EPA to act on first when the 
timing of the State's submission might not provide EPA with sufficient 
time to approve the full SIP prior to the deadline for recording 
NOX allocations. This will help ensure that the elements of 
the trading programs where flexibility is allowed are implemented 
according to the State's decisions. Submission of an abbreviated SIP 
revision does not preclude future submission of a CAIR full SIP 
revision.
    As discussed below, West Virginia is requesting approval of only 
one of the four provisions for which a State may request an abbreviated 
SIP. The State is requesting that its allocation of NOX 
annual and NOX ozone season allowances for EGUs under the 
CAIR FIP be used instead of the corresponding provisions of the CAIR 
FIPs in effect in the State.

V. Analysis of West Virginia's Abbreviated CAIR SIP Submittal

    On June 1, 2006, West Virginia submitted a full SIP revision to 
meet the requirements of CAIR as promulgated on May 12, 2005. The SIP 
revision is comprised of three regulations: 45CSR39, 45CSR40 and 
45CSR41 for the NOX annual trading program, the 
NOX ozone season trading program, and the SO2 
annual trading program, respectively. The regulations adopted the part 
96 model rules as set forth in the May 12, 2005 rulemaking, but, 
because revisions to part 96 were finalized after the State had started 
its rulemaking process, did not include the changes to the model rules 
that were made as part of the April 28, 2006 CAIR FIP. Consistent with 
the provisions of the CAIR FIP as discussed above, West Virginia 
submitted a letter on June 8, 2007, requesting that portions of its 
June 1, 2006 SIP revision be considered as an abbreviated SIP revision. 
The June 8, 2007 letter designated the NOX allocation 
methodology provisions applicable to EGUs under the CAIR FIP and 
originally submitted as part of its June 1, 2006 CAIR SIP revision as 
replacing the corresponding provisions of the CAIR FIPs. Consistent 
with this request, EPA is treating the following provisions of West 
Virginia's CAIR rules an abbreviated SIP revision: sections 45-39-40, 
45-39-41, and 45-39-42; and sections 45-40-40, 45-40-41, and 45-40-42, 
except for paragraphs 40.3, 42.2.c, 42.2.d, 42.2.e, 42.3.a.2, and 
42.4.b.
    The NOX allowance allocation methodology in these 
provisions of West Virginia's June 1, 2006 SIP revision is consistent 
with the methodology in part 96 and the FIP, under which units that 
have operated for five years will receive allowances, based on heat 
input data from a three-year period adjusted for fuel type by using 
fuel factors of 1.0 for coal, 0.6 for oil, and 0.4 for other fuels. 
Based on this methodology, West Virginia determined NOX 
allocations for EGUs in the State under the CAIR FIP, and submitted its 
allocations to EPA on October 30, 2006.
    West Virginia's abbreviated SIP revision does not affect the CAIR 
budgets, which are total amounts of allowances available for allocation 
for each year under the EPA-administered cap-and-trade programs under 
the CAIR FIPs. The abbreviated SIP revision only affects allocations of 
allowances under the established budgets. Information on how the 
budgets were developed may be found in the May 12, 2005 CAIR rulemaking 
(70 FR 25162).
    EPA is today taking action only on this request for an abbreviated 
SIP revision and not the full CAIR SIP revision originally submitted, 
which will be the subject of a separate rulemaking action. In the June 
8, 2007 letter, West Virginia states that it will revise and promulgate 
its CAIR rules 45CSR39, 45CSR40, and 45CSR41 to incorporate the 
revisions to part 96 and indicates that it plans to submit an amended 
CAIR SIP revision to EPA in 2008.

VI. Final Action

    EPA is approving West Virginia's abbreviated CAIR SIP revision 
submitted on June 8, 2007, as discussed above. West Virginia is subject 
to the CAIR FIPs, which require participation in the EPA-administered 
SO2, NOX annual, and NOX ozone season 
cap-and-trade programs. Under this abbreviated SIP revision and, 
consistent with the flexibility given to States in the FIPs, West 
Virgnia has adopted provisions for allocating allowances under the CAIR 
FIP NOX annual and ozone season trading programs. As 
provided for in the CAIR FIPs, these provisions in the abbreviated SIP 
revision will replace or supplement the corresponding provisions of the 
CAIR FIPs in West Virginia. The abbreviated SIP revision meets the 
applicable requirements in 40 CFR 51.123(p) and (ee), with regard to 
NOX annual and NOX ozone season emissions. In 
this final action, EPA is not making any changes to the CAIR FIP, but 
is amending the appropriate appendices in the CAIR FIP trading rules 
simply to note approval of West Virginia's abbreviated CAIR SIP.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision if adverse comments are 
filed. This rule will be effective on November 13, 2007 without further 
notice unless EPA receives adverse comment by October 15, 2007. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

VII. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by

[[Page 52292]]

state law. Accordingly, the Administrator certifies that this 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 rule also 
does not have tribal implications because it will 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). This action also does not have Federalism 
implications because it does not 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). This action merely approves a state rule 
implementing a Federal requirement, and does not alter the relationship 
or the distribution of power and responsibilities established in the 
Clean Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it approves a State rule 
implementing a Federal standard.
    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. 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. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 13, 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 West Virginia's abbreviated CAIR 
SIP revision 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, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

40 CFR Part 97

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Nitrogen oxides, 
Ozone, Reporting and recordkeeping requirements.

    Dated: August 30, 2007.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR parts 52 and 97 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR 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 (c) is amended by adding 
entries for 45 CSR 39 and 40 at the end of the table. The table in 
paragraph (e) is amended by adding the entry for Article 3, Chapter 64 
of the Code of West Virginia at the end of the table. The amendments 
read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
State citation  [Chapter 16-20                                State                              explanation/
           or 45 CSR]                 Title/subject         effective    EPA approval date    citation at 40 CFR
                                                               date                             Sec.   52.2565
----------------------------------------------------------------------------------------------------------------
                                                 * * * * * * *
     [45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine
                                     Particulate Matter and Nitrogen Ozides
----------------------------------------------------------------------------------------------------------------
Section 45-39-40..............  CAIR NOX Annual Trading         5/1/06  9/13/07 [Insert      Only Phase I (2009-
                                 Budget.                                 page number where    2014).
                                                                         the document
                                                                         begins].
Section 45-39-41..............  Timing Requirements for         5/1/06  9/13/07 [Insert      Only Phase I (2009-
                                 CAIR NOX Annual                         page number where    2014).
                                 Allowance Allocations.                  the document
                                                                         begins].

[[Page 52293]]


Section 45-39-42..............  CAIR NOX Annual Allowance       5/1/06  9/13/07 [Insert      Only for Phase I
                                 Allocations.                            page number where    (2009-2014).
                                                                         the document
                                                                         begins].
----------------------------------------------------------------------------------------------------------------
  [45 CSR] Series 40 Control of Ozone Season Nitrogen Oxide Emissions to Mitigate Interstate Transport of Ozone
                                               and Nitrogen Ozides
----------------------------------------------------------------------------------------------------------------
Section 45-40-40..............  CAIR NOX Ozone Season           5/1/06  9/13/07 [Insert      1. Except for
                                 Trading Budget.                         page number where    subsection 40.3,
                                                                         the document         and non-EGUs in
                                                                         begins].             subsection 40.1
                                                                                              table 2. Only
                                                                                              Phase I (2009-
                                                                                              2014).
Section 45-40-41..............  Timing Requirements for         5/1/06  9/13/07 [Insert      Only Phase I (2009-
                                 CAIR NOX Ozone Season                   page number where    2014).
                                 Allowance Allocations.                  the document
                                                                         begins].
Section 45-40-42..............  CAIR NOX Ozone Season           5/1/06  9/13/07 [Insert      1. Except for
                                 Allowance Allocations.                  page number where    subsections
                                                                         the document         42.2.d, 42.2.e,
                                                                         begins].             42.3.a.2, and
                                                                                              42.4.b. 2. Only
                                                                                              Phase I (2009-
                                                                                              2014).
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e)* * *

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

                                                  * * * * * * *
Article 3, Chapter 64 of the Code  Statewide...........       5/1/06  9/13/07 [Insert page  Effective date of
 of West Virginia, 1931.                                               number where the      March 11, 2006.
                                                                       document begins].
----------------------------------------------------------------------------------------------------------------

PART 97--[AMENDED]

0
3. The authority citation for 40 CFR part 97 continues to read as 
follows:

     Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et 
seq.


0
4. Appendix A to Subpart EE is amended by adding the entry for ``West 
Virginia'' in alphabetical order under paragraph 1 to read as follows:

Appendix A to Subpart EE of Part 97--States With Approved State 
Implementation Plan Revisions Concerning Allocations

    1. * * *
West Virginia (for control periods 2009--2014)
* * * * *

0
5. Appendix A to Subpart EEEE is amended by adding the entry for West 
Virginia in alphabetical order under paragraph 1 to read as follows:

Appendix A to Subpart EEEE of Part 97--States With Approved State 
Implementation Plan Revisions Concerning Allocations

* * * * *
West Virginia (for control periods 2009--2014)
* * * * *
[FR Doc. E7-17874 Filed 9-12-07; 8:45 am]

BILLING CODE 6560-50-P
