	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2008-0694; FRL-        ] 

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

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of West Virginia.  This revision
pertains to establishing ambient air 

quality standards for sulfur oxides, particulate matter, carbon
monoxide, ozone, nitrogen dioxide, and lead equivalent to the national
primary and secondary ambient air quality standards.  This action is
being taken under the Clean Air Act (CAA). 

DATES: Written comments must be received on or before [insert date 30
days from date of publication].  

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-

2008-0694 by one of the following methods:      

 www.regulations.gov.  Follow the on-line instructions for submitting
comments.

     B.    E-mail:  Fernandez.cristina@epa.gov

     C.    Mail:   EPA-R03-OAR-2008-0694, Cristina Fernandez, Chief, Air
Quality Planning, 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-2008-0694.  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:  Gobeail McKinley, (215) 814-2033, or
by e-mail at mckinley.gobeail@epa.gov.

SUPPLEMENTARY INFORMATION:  On April 25, 2008, the West Virginia
Department of Environmental Protection submitted a revision to its State
Implementation Plan.  The SIP revision restructures and consolidates all
of the West Virginia ambient air quality standards into Rule 45CSR8 to
be consistent with 40 CFR Part 50.  

I.   Summary of SIP Revision

On April 25, 2008, the State of West Virginia submitted as a SIP
revision Rule 45CSR8 - Ambient Air Quality Standards, which updates and
incorporates all six criteria pollutants to be equivalent to the NAAQS
in 40 CFR Part 50.  The revision repeals rules 45CSR9 - Ambient Air
Quality Standards for Carbon Monoxide and Ozone, and 45CSR12 - Ambient
Air Quality Standard for Nitrogen Dioxide, and moves these ambient air
quality standards into Rule 45CSR8.  The revision includes a correction
of the sulfur dioxide annual primary standard from 0.003 to 0.030 ppm;
removes the annual PM10 standard, and incorporates the annual PM2.5
standard, the 24-hour PM2.5 standard of 35 µg/m3, the primary and
secondary standards for lead, and the primary and secondary 1-hour and
8-hour ozone standards.  The SIP revision includes the revocation of the
1-hour ozone standard except for Berkeley and Jefferson Counties and it
identifies the 1-hour ozone maintenance areas.  The SIP revision also
adds new reference conditions for PM2.5 and measurement methods for
PM2.5 and lead. 

II.   Proposed Action

EPA is proposing to approve the West Virginia SIP revision for
establishing ambient air quality standards for sulfur oxides,
particulate matter, carbon monoxide, ozone, nitrogen dioxide, and lead. 
EPA is soliciting public comments on the issues discussed in this
document.  These comments will be considered before taking final action.


III.  Statutory and Executive Order Reviews   

Under the Clean Air Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations.  42 U.S.C. 7410(k); 40 CFR 52.02(a).  Thus, in
reviewing SIP submissions, EPA’s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law.  For that reason, this proposed action:

is not a "significant regulatory action” subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735, October 4, 1993);  

does not impose an information collection burden under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);  

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);

does not have Federalism implications as specified in Executive Order
13132 (64 FR 43255, August 10, 1999);

is not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997); 

is not a significant regulatory action subject to Executive Order 13211
(66 FR 28355, May 22, 2001); 

is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with the
Clean Air Act; and 

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule, establishing ambient air quality
standards in West Virginia, does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52  

Environmental protection, Air pollution control, Carbon monoxide,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides. 

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

___October 20, 2008___________           _____________/s/_______________

Dated:                                                      Donald S.
Welsh,

                                                                
Regional Administrator,

                                                                 Region
III.

 PAGE   

 PAGE   2 

 PAGE  6 

