	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Parts 52 and 97

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

Approval and Promulgation of Air Quality Implementation Plans; West
Virginia;

Clean Air Interstate Rule

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

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 [Insert date 60 days after publication
in the Federal Register]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  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 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 www.regulations.gov or
e-mail.  The www.regulations.gov website 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 
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
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 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

What Action is EPA Taking?

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

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

What is an Abbreviated CAIR SIP Revision?

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.

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 1st to September 30th). 
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 trading programs in their CAIR NOX ozone season trading
programs.

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 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: §§45-39-40,
45-39-41, and 45-39-42 ; and §§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 [Insert date 60 days from date of
publication in the Federal Register] without further notice unless EPA
receives adverse comment by [Insert date 30 days from date of
publication in the Federal Register].  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 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
(Public Law 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 [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 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.

August 30, 2007                  		                       
_____/s/_____________________

Dated:                                				Donald S. Welsh,

                                      				Regional Administrator,

                                      				Region III.

40 CFR parts 52 and 97 are amended as follows: 

PART 52 - [AMENDED] 

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

2.  In ( 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:

	

( 52.2520  	Identification of plan.

*	*	*	*	*	

(c) * * * 

	EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP

State citation

[Chapter 16(20 or 45 CSR ]	

Title/subject	

State effective date	

EPA approval date	

Additional explanation/

citation at 40 CFR ( 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 Budget	

5/1/06	

[Insert Federal Register publication date] [Insert page number where the
document begins]	

Only Phase I (2009 – 2014)



Section 45-39-41

	

Timing Requirements for CAIR NOx Annual Allowance Allocations	

5/1/06	[Insert Federal Register publication date] [Insert page number
where the document begins]	

Only Phase I (2009 – 2014)



Section 45-39-42	

CAIR NOx Annual Allowance Allocations	

5/1/06	[Insert Federal Register publication date] [Insert page number
where the document begins]	

Only for Phase I (2009 – 2014)

[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 Trading Budget	

5/1/06	

[Insert Federal Register publication date] [Insert page number where the
document begins]	

1.  Except for subsection 40.3, and non-EGUs in subsection 40.1 table

2.  Only Phase I (2009 – 2014)



Section 45-40-41

	

Timing Requirements for CAIR NOx Ozone Season Allowance Allocations	

5/1/06	[Insert Federal Register publication date] [Insert page number
where the document begins]	Only Phase I (2009 – 2014)



Section 45-40-42	

CAIR NOx Ozone Season Allowance Allocations	

5/1/06	[Insert Federal Register publication date] [Insert page number
where the document begins]	1.  Except for subsections 42.2.d, 42.2.e,
42.3.a.2, and 42.4.b.

2.  Only Phase I (2009 – 2014)



*     *     *     *     *  

	

	

(e)* * *

Name of non-regulatory SIP revision 	

Applicable geographic area	

State submittal date 	

EPA approval date	

Additional explanation



*     *     *     *     *     *     *



Article 3, Chapter 64 of the Code of West Virginia, 1931	

Statewide	5/1/06	

[Insert Federal Register publication date]

[Insert page number where the document begins]	

Effective date of March 11, 2006

   

PART 97 - [AMENDED] 

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.

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)

	    *  *  * 

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)

*  *  *  *  *

 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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