

[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Rules and Regulations]               
[Page 2156-2159]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja08-5]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1010; FRL-8515-6]

 
Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Revised Motor Vehicle Emission Budgets for the 
Charleston 8-Hour Ozone Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a State 
Implementation Plan (SIP) revision submitted by the State of West 
Virginia. The revision amends the 8-hour ozone maintenance plan for the 
Charleston area. This revision amends the maintenance plans' 2009 and 
2018 motor vehicle emissions budgets (MVEBs) by reallocating a portion 
of the plans' safety margins which results in an increase in the MVEBs. 
The revised plan continues to demonstrate maintenance of the 8-hour 
national ambient air quality standard (NAAQS) for ozone. EPA is 
approving this SIP revision to the West Virginia maintenance plan for 
Charleston in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This rule is effective on March 14, 2008 without further notice, 
unless EPA receives adverse written comment by February 13, 2008. 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-2007-1010 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
    B. E-mail: febbo.carol@epa.gov.
    C. Mail: EPA-R03-OAR-2007-1010, Carol Febbo, Chief, Energy, 
Radiation and Indoor Environment Branch, Mailcode 3AP23, 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-
2007-1010. 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 http://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

[[Page 2157]]

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, 
WV 25304.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by 
e-mail at kotsch.martin@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'', 
``us'', or ``our'' is used, we mean EPA.

Table of Contents

I. Background
II. Summary of West Virginia's SIP Revision and EPA's Review
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 11, 2006 (71 FR 39001) EPA redesignated the Charleston area 
of West Virginia to attainment for the 8-hour ozone NAAQS. For the 
Charleston area, the redesignation included approval of an 8-hour ozone 
maintenance plan, which identifies on-road MVEBs for VOCs and 
NOX, which are ozone precursors, which are then used for 
transportation planning and conformity purposes. Subsequently after the 
SIP approval by EPA, West Virginia discovered that the MVEBs which were 
included in the previously approved maintenance plan did not provide a 
sufficient buffer to account for unforseen future growth or significant 
changes in the planning assumption data which was used in developing 
the original MVEBs in its November 2005 submission.

II. Summary of West Virginia's SIP Revision and EPA's Review 2009 and 
2018 Motor Vehicle Emission Budgets

    On January 8, 2007, the State of West Virginia submitted to EPA a 
formal revision to its State Implementation Plan (SIP). The SIP 
revision proposes new MVEBs to reflect the reallocation of a portion of 
the differences (safety margins) between the total base year and total 
projected 2009 and 2018 emissions which produces an increase in the 
MVEBs. The base year is 2004 for the Charleston area. By increasing the 
MVEBs, the West Virginia Department of Environmental Protection (WVDEP) 
is ensuring that transportation conformity can be demonstrated in the 
Charleston area. The January 8, 2007 submittal, while increasing the 
MVEBs still ensures maintenance of the NAAQS for ozone for the 
Charleston area.
    Tables 1 and 2 and the discussion that follows describes the basis 
of the new MVEBs for the Charleston area.

                      Table 1.--Charleston Area Reallocation of Safety Margin to the MVEBs
----------------------------------------------------------------------------------------------------------------
                                                                                       2009            2018
                                                                  2004 base year    projection      projection
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                            Current MVEBs in the Approved Maintenance Plan (Tons/Day)
----------------------------------------------------------------------------------------------------------------
VOC.............................................................            16.1            11.6             7.2
NOX.............................................................            26.4            19.8             8.2
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                            Proposed MVEBs in the Revised Maintenance Plan (Tons/Day)
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VOC.............................................................            16.1            12.9             7.5
NOX.............................................................            26.4            22.9             9.5
----------------------------------------------------------------------------------------------------------------


   Table 2.--Charleston Area Total Emissions (Point, Area and Mobile) Before and After Reallocation of Safety
                                         Margin to the MVEBs (Tons/Day)
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                                                                                       2009            2018
                                                                  2004 base year    projection      projection
----------------------------------------------------------------------------------------------------------------
                            Current Total Emissions in the Approved Maintenance Plan
----------------------------------------------------------------------------------------------------------------
VOC.............................................................            52.3            46.8            45.1
NOX.............................................................           129.4           102.4            80.6
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                            Proposed Total Emissions in the Revised Maintenance Plan
----------------------------------------------------------------------------------------------------------------
VOC.............................................................            52.3            48.1            45.4
NOX.............................................................           129.4           105.5            81.9
----------------------------------------------------------------------------------------------------------------

    For the Charleston, West Virginia 8-hour ozone maintenance area 
addressed herein, the WVDEP recalculated the 2009 and 2018 MVEBs using 
revised planning data which became available after the original 
maintenance plan was submitted to EPA on November 30, 2005. The 2009 
and 2018 MVEBs for VOCs and NOX emissions listed above in 
Table 1 under the Proposed MVEBs in the Revised Maintenance Plan 
section

[[Page 2158]]

will serve as the new MVEBs for transportation conformity planning.
    As shown in Table 1, the State has proposed reallocating some of 
the previous safety margin into the MVEBs for both VOCs and 
NOX. The remaining surplus emissions have been reserved as 
residual safety margins in the total maintenance budgets to ensure 
continued maintenance of the 8-hour ozone NAAQS.
    To explain how the safety margins are determined and allocated, the 
VOC emissions for the Charleston area may be used as an example. In 
Table 2, listed under the Current Total Emissions in the Approved 
Maintenance Plan section, the total 2004 base year VOC emissions are 
52.3 tons/day (tpd), which is the maximum amount of VOC emissions 
consistent with maintenance of the 8-hour ozone NAAQS. The total 
projected 2009 emissions are 46.8 tpd, which provides a 5.5 tpd VOC 
safety margin (i.e., the ozone NAAQS would continue to be maintained if 
total VOC emissions increased as much as 5.5 tpd above the projected 
2009 emissions of 46.8 tpd). In the Proposed Total Emissions in the 
Revised Maintenance Plan section the total projected emissions for 2009 
would be increased by 1.3 tpd through the increase in the allowable 
mobile emissions for VOC while still leaving a safety margin of 4.2 
tpd. Therefore, even with the reallocation of some of the current 
safety margin into the MVEBs, the State of West Virginia has left a 
safety margin for any other unforseen growth.

III. Final Action

    EPA is approving West Virginia's January 8, 2007 SIP revision 
submittal which amends the 8-hour ozone maintenance plans for the 
Charleston area. These revisions amend the maintenance plans' 2009 and 
2018 MVEBs to reflect the reallocation of a portion of the plans' 
safety margins which results in an increase in the MVEBs. EPA is 
approving this SIP revision to the maintenance plan for the Charleston 
area because the January 8, 2007 submittal continues to demonstrate 
maintenance of the 8-hour ozone NAAQS. EPA is publishing this rule 
without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comment, since no 
significant adverse comments were received on the SIP revision at the 
State level. 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 March 14, 2008 without further 
notice unless EPA receives adverse comment by February 13, 2008.
    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

IV. 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 (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 CAA. 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 CAA. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 14, 2008. 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 revised motor vehicle emission budgets for 
the 8-hour Charleston Maintenance Plan may not

[[Page 2159]]

be challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: December 27, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

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 revising 
the entry for the 8-Hour Ozone Maintenance Plan for the Charleston, WV 
Area at the end of the table to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

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

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan     Charleston Area              11/30/05  7/11/06 71 FR 39001
 for the Charleston, WV Area.      (Kanawha and
                                   Putnam Counties).
                                                               01/08/07  1/14/08 [Insert      Action includes
                                                                          page number where    approval of the
                                                                          the document         following new
                                                                          begins].             motor vehicle
                                                                                               emission budgets
                                                                                               (MVEBs): 22.9
                                                                                               tons day (tpd)
                                                                                               for 2009 and 9.5
                                                                                               tpd for 2018 for
                                                                                               NOX and 12.9 tpd
                                                                                               for 2009 and 7.5
                                                                                               tpd for 2018 for
                                                                                               VOC.

                                                  * * * * * * *
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[FR Doc. E8-263 Filed 1-11-08; 8:45 am]

BILLING CODE 6560-50-P
