[Federal Register Volume 71, Number 179 (Friday, September 15, 2006)]
[Rules and Regulations]
[Pages 54421-54423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15334]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2006-0485; FRL-8219-9]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Redesignation of the Huntington, WV Portion of the
Huntington-Ashland 8-Hour Ozone Nonattainment Area to Attainment and
Approval of the Area's 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. The West Virginia Department of Environmental Protection
(WVDEP) is requesting that the Huntington, West Virginia (Huntington)
portion of the Huntington-Ashland, WV-KY area be redesignated as
attainment for the 8-hour ozone national ambient air quality standard
(NAAQS). In conjunction with its redesignation request, the State
submitted a SIP revision consisting of a maintenance plan for
Huntington that provides for continued attainment of the 8-hour ozone
NAAQS for the next 12 years, until 2018. Concurrently, EPA is approving
the maintenance plan as meeting the requirements of Clean Air Act (CAA)
175A(b) with respect to the 1-hour ozone maintenance plan update. EPA
is also approving the adequacy determination for the motor vehicle
emission budgets (MVEBs) that are identified in the 8-hour maintenance
plan for Huntington for purposes of transportation conformity, and is
approving those MVEBs. EPA is approving the redesignation request and
the maintenance plan revision to the West Virginia SIP in accordance
with the requirements of the CAA.
DATES: Effective Date: This final rule is effective on October 16,
2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2006-0485. 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: Amy Caprio, (215) 814-2156, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On July 13, 2006 (71 FR 39618), EPA published a notice of proposed
rulemaking (NPR) for the State of West Virginia. The NPR proposed
approval of West Virginia's redesignation request and a SIP revision
that establishes a maintenance plan for Huntington that sets forth how
Huntington will maintain attainment of the 8-hour ozone NAAQS for the
next 12 years. The formal SIP revision was submitted by the WVDEP on
May 17, 2006. Other specific requirements of West Virginia's
redesignation request SIP revision for the maintenance plan 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.
II. Final Action
EPA is approving the State of West Virginia's May 17, 2006
redesignation request and maintenance plan because the requirements for
approval have been satisfied. EPA has evaluated West Virginia's
redesignation request, submitted on May 17, 2006, and determined that
it meets the redesignation criteria set forth in section 107(d)(3)(E)
of the CAA. EPA believes that the redesignation request and monitoring
data demonstrate that Huntington has attained the 8-hour ozone
standard. The final approval of this redesignation request will change
the designation of the Huntington, West Virginia portion of the
Huntington-Ashland area from nonattainment to attainment for the 8-hour
ozone standard. EPA is approving the associated maintenance plan for
this area, submitted on May 17, 2006, as a revision to the West
Virginia SIP. EPA is approving the maintenance plan for Huntington
because it meets the requirements of section 175A and 175A(b) with
respect to the 1-hour ozone maintenance plan update. EPA is
[[Page 54422]]
also approving the MVEBs submitted by West Virginia for this area in
conjunction with its redesignation request. Huntington is subject to
the CAA's requirements for basic ozone nonattainment areas until and
unless it is redesignated to attainment.
III. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final 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 approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Redesignation of an area to attainment under section 107(d)(3)(e) of
the Clean Air Act does not impose any new requirements on small
entities. Redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on sources. Accordingly, the Administrator certifies that this final
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 final rule also does 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), nor
will it 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), because it affects the status of a geographical area, does
not impose any new requirements on sources, or allow the state to avoid
adopting or implementing other requirements, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This final rule also is not subject
to Executive Order 13045 (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. Redesignation is an
action that affects the status of a geographical area and does not
impose any new requirements on sources. 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. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
final rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
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 must be filed in the United States Court
of Appeals for the appropriate circuit by November 14, 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, to approve the redesignation request, maintenance plan
and adequacy determination for MVEBs for Huntington, 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, Ozone, Nitrogen dioxides, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: September 6, 2006.
W.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 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 8-Hour Ozone Maintenance Plan, Huntington-Ashland, WV-KY
Area at the end of the table to read as follows:
Sec. 52.2520 Identification of plan.
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(e) * * *
[[Page 54423]]
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State
Name of non-regulatory SIP revision Applicable geographic submittal EPA approval date Additional
area date explanation
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* * * * * * *
8-Hour Ozone Maintenance Plan for Cabell and Wayne 05/17/06 09/15/06 [Insert page ...........
the Huntington-Ashland, WV-KY Area. Counties. number where the
document begins].
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PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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2. Section 81.349 is amended by revising the ozone table entry for the
Huntington-Ashland, WV-KY Area to read as follows:
Sec. 81.349 West Virginia.
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West Virginia--Ozone
[8-Hour standard]
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Designation a Category/classification
Designated area ------------------------------------------------------------------------------
Date 1 Type Date 1 Type
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* * * * * * *
Huntington-Ashland, WV-KY Area:
Cabell County................ 09/15/06 Attainment ........... ........................
Wayne County................. 09/15/06 Attainment ........... ........................
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\a\ Includes Indian country located in each county or area except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
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[FR Doc. E6-15334 Filed 9-14-06; 8:45 am]
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