	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2010-0157; FRL-        ] 

Approval and Promulgation of Air Quality Implementation Plans; State of
West Virginia; Section 110(a)(2) Infrastructure Requirements for the
1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National
Ambient Air Quality Standards

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to approve submittals from the State of West
Virginia pursuant to the Clean Air Act (CAA) sections 110(k)(2) and (3).
 These submittals address the infrastructure elements specified in the
CAA section 110(a)(2), necessary to implement, maintain, and enforce the
1997 8-hour ozone and fine particulate matter (PM2.5) national ambient
air quality standards (NAAQS) and the 2006 PM2.5 NAAQS.  This proposed
action is limited to the following infrastructure elements which were
subject to EPA’s completeness findings pursuant to CAA section
110(k)(1) for the 1997 8-hour ozone NAAQS dated March 27, 2008 and the
1997 PM2.5 NAAQS dated October 22, 2008:  110(a)(2)(A), (B), (C),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or portions
thereof.  

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-2010-0157 by one of the following methods:

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

B.        E-mail:    HYPERLINK "mailto:fernandez.cristina@epa.gov" 
fernandez.cristina@epa.gov .

C.        Mail:  EPA-R03-OAR-2010-0157, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, 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-2010-0157.  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:  Irene Shandruk, (215) 814-2166, or by
e-mail at   HYPERLINK "mailto:shandruk.irene@epa.gov" 
shandruk.irene@epa.gov .

SUPPLEMENTARY INFORMATION:  

I.  Background 

On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS (62 FR
38856) and a new PM2.5 NAAQS (62 FR 38652).  The revised ozone NAAQS is
based on 8-hour average concentrations.  The 8-hour averaging period
replaced the previous 1-hour averaging period, and the level of the
NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm.  The
new PM2.5 NAAQS established a health-based PM2.5 standard of 15.0
micrograms per cubic meter (µg/m3) based on a 3-year average of annual
mean PM2.5 concentrations, and a twenty-four hour standard of 65µg/m3
based on a 3-year average of the 98th percentile of 24-hour
concentrations.  EPA strengthened the 24-hour PM2.5 NAAQS from 65 µg/m3
to 35 µg/m3 on October 17, 2006 (71 FR 61144).

Section 110(a) of the CAA requires States to submit State Implementation
Plans (SIPs) that provide for the implementation, maintenance, and
enforcement of new or revised NAAQS within three years following the
promulgation of such NAAQS.  In March of 2004, Earthjustice initiated a
lawsuit against EPA for failure to take action against States that had
not made SIP submissions to meet the requirements of sections 110(a)(1)
and (2) for the 1997 8-hour ozone and PM2.5 NAAQS, i.e., failure to make
a “finding of failure to submit the required SIP 110(a) SIP
elements.”  On March 10, 2005, EPA entered into a Consent Decree with
Earthjustice that obligated EPA to make official findings in accordance
with section 110(k)(1) of the CAA as to whether States have made
required complete SIP submissions, pursuant to sections 110(a)(1) and
(2), by December 15, 2007 for the 1997 8-hour ozone NAAQS and by October
5, 2008 for the 1997 PM2.5 NAAQS.  EPA made such findings for the 1997
8-hour ozone NAAQS on March 27, 2008 (73 FR 16205) and on October 22,
2008 (73 FR 62902) for the 1997 PM2.5 NAAQS.  These completeness
findings did not include findings relating to: 1) section 110(a)(2)(C)
to the extent that such subsection refers to a permit program as
required by Part D Title I of the CAA;  2) section 110(a)(2)(I);  and 3)
section 110(a)(2)(D)(i), which has been addressed by a separate finding
issued by EPA on April 25, 2005 (70 FR 21147).   Therefore, this action
does not cover these specific elements.                                 
              

II.   Summary of State Submittal

West Virginia provided multiple submittals to satisfy section 110(a)(2)
requirements that are the subject of this proposed action for the 1997
8-hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS.  The submittals
shown in Table 1 addressed the infrastructure elements, or portions
thereof, identified in section 110(a)(2) that EPA is proposing to
approve.

 

Table 1:  110(a)(2) Elements, or Portions Thereof, EPA is Proposing to
Approve for 1997 Ozone and PM2.5 and 2006 PM2.5 NAAQS

Submittal Date	1997 8-Hour Ozone	1997 PM2.5	2006 PM2.5



December 3, 2007	A, C, D(ii), E, F, G, J, K, L



April 3, 2008

A, C, D(ii), E, F, J, L

	May 21, 2008	B, E, F, G, H, J, K, M	B, E, F, G, H, J, K, M

	July 9, 2008

G

	October 1, 2009	C	C	A, B, C, D(ii), E, F, G, H, J, K, L, M

March 18, 2010

G	G



EPA has analyzed the above identified submissions and is proposing to
make a determination that such submittals meet the requirements of
section 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M), or portions thereof.  A detailed summary of EPA’s review
of and rationale for approving West Virginia’s submittals may be found
in the Technical Support Document (TSD) for this action, which is
available online at   HYPERLINK "http://www.regulations.gov" 
www.regulations.gov , Docket number EPA-R03-OAR-2010-0157.

III.   Proposed Action 

EPA is proposing to approve West Virginia’s submittals that provide
the basic program elements specified in the CAA sections 110(a)(2)(A),
(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or
portions thereof, necessary to implement, maintain, and enforce the 1997
8-hour ozone and PM2.5 NAAQS and the 2006 PM2.5 NAAQS.  EPA is
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

IV.  Statutory and Executive Order Reviews   

Under the CAA, the Administrator is required to approve a SIP submission
that complies with the provisions of the CAA 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 CAA.  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
CAA; 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, pertaining to West Virginia’s section
110(a)(2) infrastructure requirements for the 1997 8-hour ozone and
PM2.5 NAAQS, and the 2006 PM2.5 NAAQS 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, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Volatile organic compounds. 



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

                                                                        
            W. C. Early, Acting

                                                                        
             Regional Administrator

__May 05, 2010_________________           	     	
____________________________

Dated:                                                       	    	
Shawn M. Garvin,

                                                                 	    	
Regional Administrator,

                                                                 	    	
Region III.



 PAGE   

 PAGE   2 

 PAGE  8 

