	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:	Final rule.

SUMMARY:  EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of West Virginia.  This revision establishes and
requires 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).  

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0694.  All documents in the docket are listed in
the www.regulations.gov website.   Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 through www.regulations.gov or in hard
copy for public inspection 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: Gobeail McKinley, (215) 814-2033, or by
e-mail at mckinley.gobeail@epa.gov.  

SUPPLEMENTARY INFORMATION:  

I.  Background	

On October 28, 2008 (73 FR 63915), EPA published a notice of proposed
rulemaking (NPR) for the State of West Virginia.  The NPR proposed
approval of West Virginia’s ambient air quality standards for sulfur
oxides, particulate matter (PM), carbon monoxide, ozone, nitrogen
dioxide, and lead equivalent to the national primary and secondary
ambient air quality standards.    

II.  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
national ambient air quality standards.  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 parts per million (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.  Other specific
requirements of West Virginia’s ambient air quality standards and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here.  No public comments were received on the NPR.

III.  Final Action

EPA is approving Rule Section 45CSR8 - Ambient Air Quality Standards as
a revision to the West Virginia SIP.  

IV.  Statutory and Executive Order Reviews 

A.   General Requirements 

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 approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law.  For that reason, this 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 130Section 45 (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 rule 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.

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 action 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.  A major rule cannot
take effect until 60 days after it is published in the Federal Register.
 This action 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 action 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 which establishes ambient air quality
standards in West Virginia 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, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides.

_December 15, 2008_		   			___________/s/________________  

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 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 revising the
entries for [45 CSR] Series 8, Sections 45-8-1 through 45-8-5; adding an
entry for [45 CSR] Series 8, Section 45-8-6; and removing the entries
for [45 CSR] Series 9 and [45 CSR] Series 12. 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 8  	Ambient Air Quality Standards



Section 45-8-1 	

General	

6/1/08	

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

Added language to repeal provisions contained in Sections 45CSR9 and
45CSR12

Section 45-8-2	Anti-Degradation Policy	6/1/08	[Insert Federal Register
publication date] [Insert page number where the document begins]	Added
definitions for: administrator, ambient air, clean air act, equivalent
method, ozone, person, PM2.5, and reference methods.

Section 45-8-3 	Definitions	6/1/08	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Section 45-8-4 	Ambient Air Quality Standards	6/1/08	[Insert Federal
Register publication date] [Insert page number where the document
begins]	Added ambient air quality standards for PM2.5, carbon monoxide,
nitrogen dioxide, ozone and lead.

Section 45-8-5 	Methods of Measurement	6/1/08	[Insert Federal Register
publication date] [Insert page number where the document begins]	Added
reference methods for PM2.5, carbon monoxide, nitrogen dioxide, ozone
and lead

Section 45-8-6 	Reference Conditions	6/1/08	[Insert Federal Register
publication date] [Insert page number where the document begins]	New
Section

Section 45-8-7 	Inconsistency Between Rules	6/1/08	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	

*   *   *   *    *    *    *	



*	*	*	*	*

 PAGE   

 PAGE  2 

