[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Rules and Regulations]
[Pages 40023-40025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11107]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2005-0480; FRL-8197-1]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Redesignation of the City of Weirton PM-10 Nonattainment
Area to Attainment and Approval of the Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a redesignation request and a State
Implementation Plan (SIP) revision submitted by the State of West
Virginia. This revision requests that EPA redesignate the Weirton
nonattainment area (Weirton Area) to attainment for the national
ambient air quality standards (NAAQS) for particulate matter with an
aerodynamic diameter less than or equal to a nominal 10 micrometers
(PM-10), and concurrently requests approval of a limited maintenance
plan (LMP) as a revision to the West Virginia State Implementation
(SIP). In this action, EPA is approving the State's request to
redesignate the area from nonattainment to attainment, as well as
approving the LMP for the Weirton Area.
DATES: Effective Date: This final rule is effective on August 14, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-0480. All documents in the docket are listed in
the www.regulations.gov Web site. 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: Linda Miller, (215) 814-2068, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 11, 2006 (71 FR 27440), EPA published a notice of proposed
rulemaking (NPR) for the State of West Virginia. The NPR proposed
approval of the LMP for the Weirton Area in West Virginia and the
State's request to redesignate the area from nonattainment to
attainment. EPA also proposed to determine that, because the Weirton
Area has continued to attain the PM-10 NAAQS, certain attainment
demonstration requirements, along with other related requirements of
the CAA, are not applicable to the Weirton Area. West Virginia
submitted a request to redesignate the Weirton Area to attainment for
PM-10 and a SIP submittal for the related maintenance plan on May 24,
2004.
II. Summary of SIP Revision
On May 16, 2001 (66 FR 27034), EPA promulgated a final rule
entitled, ``Determination of Attainment of the NAAQS for PM-10 in the
Weirton, West Virginia Nonattainment Area'' finding that the Weirton
PM-10 nonattainment had attained the NAAQS for PM-10 by its applicable
December 31, 2000 attainment date. In order to be redesignated from
nonattainment to attainment, West Virginia requested, in a letter dated
October 14, 2003, that EPA apply its clean data policy to the Weirton
Area. The redesignation request, dated May 24, 2004, included the
associated SIP submittal of the maintenance plan for the Weirton area.
Other specific requirements of the request for redesignation and
the associated rationale and the rationale for EPA's proposed action
are explained in the NPR and will not be restated here. EPA received
one comment in support of the proposed approval.
III. Final Action
EPA is approving the PM-10 redesignation request for the Weirton
Area, and also approving the associated limited maintenance plan as a
revision to the West Virginia SIP.
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
[[Page 40024]]
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 is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. 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 Clean Air Act. 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 Clean Air Act, petitions for
judicial review of this action to approve the redesignation request for
the Weirton nonattainment area and approve the associated maintenance
plan as a revision to the SIP must be filed in the United States Court
of Appeals for the appropriate circuit by September 12, 2006. 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 may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and Recordkeeping requirements, Particulate
matter.
40 CFR Part 81
Air Pollution Control, National parks, Wilderness areas.
Dated: July 6, 2006.
William T. Wisniewski,
Acting Regional Administrator, Region III.
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40 CFR Parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
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
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2. In Sec. 52.2520, the table in paragraph (e) is amended by adding an
entry for the City of Weirton PM-10 Maintenance Plan at the end of the
table to read as follows:
Sec. 52.2520 Identification of plan.
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(e) * * *
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State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
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* * * * * * *
City of Weirton PM-10 Maintenance Hancock and Brooke 4/24/04 7/14/06 [Insert page Limited maintenance
Plan. Counties (part)-- number where the plan.
the City of Weirton. document begins].
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PART 81--[AMENDED]
Subpart C--Section 107 Attainment Status Designations
0
1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.349, the table for ``West Virginia--PM-10'' is amended
by revising the entry for Hancock and Brooke Counties (part): The City
of Weirton to read as follows:
Sec. 81.349 West Virginia.
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West Virginia--PM-10
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Designation Classification
Designated Area --------------------------------------------------------------------------
Date Type Date Type
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* * * * * * *
Hancock and Brooke Counties (part): 9/12/06 Attainment...............
The City of Weirton.
[[Page 40025]]
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[FR Doc. E6-11107 Filed 7-13-06; 8:45 am]
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