ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

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.

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 [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-2007-1010 by one of the following methods:

     A.    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 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, 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

    Current MVEBs in the Approved Maintenance Plan

(Tons/Day)

2004 Base Year         2009 Projection     2018 Projection

        VOC                 16.1                              11.6      
                 7.2

       NOX                  26.4                              19.8      
                 8.2

                            Proposed MVEBs in the Revised Maintenance
Plan

(Tons/Day)

                                 2004 Base Year         2009 Projection 
   2018 Projection       

         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)

                                    Current Total Emissions in the
Approved Maintenance Plan      

                                        2004 Base Year         2009
Projection     2018 Projection          

   VOC                                52.3                             
46.8                        45.1              

   NOX                              129.4                           
102.4                        80.6

Proposed Total Emissions in the Revised Maintenance Plan

                                    2004 Base Year         2009
Projection     2018 Projection       

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 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 [Insert date
60 days after publication in the Federal Register] without further
notice unless EPA receives adverse comment by [Insert date 30 days after
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

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
(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 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 [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 revised motor vehicle emission budgets for
the 8-hour Charleston Maintenance Plan may not 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.

12/27/07

_________________                   		         
__________________________

Dated:                                				William T. Wisniewski,        
                                                                        
 							Acting Regional Administrator,

                                      				Region III.

40 CFR part 52 is 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 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: 

§ 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 Charleston, WV

Area

	

Charleston Area

(Kanawha and

Putnam Counties)	

11/30/05	

7/11/06

71 FR 39001	





01/08/07   	[Insert Federal Register publication date]

[Insert page number where the document begins]	Action includes  approval
of the following  new  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.



*     *     *     *     *     *     *

   

 PAGE   

 PAGE   10 

