[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Rules and Regulations]
[Pages 25967-25969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8678]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2006-0817; FRL-8309-9]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Redesignation of the Parkersburg, WV, Portion of the
Parkersburg-Marietta, WV-OH 8-Hour Ozone 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. The West Virginia Department of Environmental Protection
(WVDEP) is requesting that the Parkersburg, West Virginia (Parkersburg)
portion of the Parkersburg-Marietta, WV-OH area (herein referred to as
the ``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 Parkersburg 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 Parkersburg 8-hour maintenance plan 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 June 7, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2006-0817. 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 January 12, 2007 (72 FR 1474), 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 Parkersburg that sets
forth how Parkersburg will maintain attainment of the 8-hour ozone
NAAQS for the next 12 years. The formal SIP revision was submitted by
the WVDEP on September 8, 2006. Other specific requirements of West
Virginia's redesignation request SIP revision for the maintenance plan
and the rationales for EPA's proposed actions are explained in the NPR
and will not be restated here.
On February 9, 2007, EPA received a comment, from the West Virginia
Manufacturers Association, in support of its January 12, 2007 NPR.
Also, on February 15, 2007, EPA received a comment, from the West
Virginia Chamber of Commerce, in support of its January 12, 2007 NPR.
EPA recognizes the support provided in these comments but does not
believe any specific response to comments is necessary with respect to
these comments.
Additionally, the United States Court of Appeals for the District
of Columbia Circuit recently vacated EPA's April 30, 2004 ``Final Rule
to Implement the 8-Hour Ozone National Ambient Standard'' (the Phase 1
implementation rule). South Coast Air Quality Management District v.
EPA, 472 F.3d 882 (D.C. Cir. 2007). EPA issued a supplemental proposed
rulemaking that set forth its views on the potential effect of the
Court's ruling on this and other proposed redesignation actions. 72 FR
13452 (March 22, 2007). EPA proposed to find that the Court's ruling
does not alter any requirements relevant to the proposed redesignations
that would prevent EPA from finalizing these redesignations, for the
reasons fully explained in the supplemental notice. EPA provided a 15-
day review and comment period on this supplemental proposed rulemaking.
The public comment period closed on April 6, 2007. EPA received six
comments, all supporting EPA's supplemental proposed rulemaking, and
supporting redesignation of the affected areas. EPA recognizes the
support provided in these comments as well, but again, we do not
believe any specific response to comments is necessary with respect to
these comments. In addition, several of these comments included
additional rationale for proceeding with these proposed redesignations.
EPA had not requested comment on any additional rationale, does not
believe any additional rationale is necessary, and similarly does not
believe any specific response to these comments is necessary, and thus
has not provided any.
II. Final Action
EPA is approving the State of West Virginia's September 8, 2006
redesignation request and maintenance plan because the requirements for
approval have been satisfied. EPA has evaluated West Virginia's
redesignation request, submitted on September 8, 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 Parkersburg has attained the 8-
hour ozone standard. The final approval of this redesignation request
will change the designation of the Parkersburg, West Virginia portion
of the Area from nonattainment to attainment for the 8-
[[Page 25968]]
hour ozone standard. EPA is approving the associated maintenance plan
for Parkersburg, submitted on September 8, 2006, as a revision to the
West Virginia SIP. EPA is approving the maintenance plan for
Parkersburg because it meets the requirements of section 175A and
175A(b) with respect to the 1-hour ozone maintenance plan update. EPA
is also approving the MVEBs submitted by West Virginia in conjunction
with its redesignation request. In this final rulemaking, EPA is
notifying the public that we have found that the MVEBs for
NOX and VOCs in the Parkersburg portion of the 8-hour ozone
maintenance plan are adequate and approved for conformity purposes. As
a result of our finding, Wood County must use the MVEBs from the
submitted 8-hour ozone maintenance plan for future conformity
determinations. The adequate and approved MVEBs are provided in the
following table:
Adequate and Approved Motor Vehicle Emissions Budgets (MVEBs) in Tons
Per Day (TPD)
------------------------------------------------------------------------
Budget year NOX VOC
------------------------------------------------------------------------
2009.................................................... 4.1 3.0
2018.................................................... 2.0 1.9
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Parkersburg 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 July 9, 2007. 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 Parkersburg, 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: April 26, 2007.
Judith Katz,
Acting Regional Administrator, Region III.
0
40 CFR parts 52 and 81 are amended as follows:
[[Page 25969]]
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
0
2. In Sec. 52.2520, the table in paragraph (e) is amended by adding an
entry for the 8-Hour Ozone Maintenance Plan, Parkersburg-Marietta, WV-
OH Area at the end of the table to read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(e) * * *
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Name of non-regulatory SIP Applicable State
revision geographic area submittal date EPA approval date Additional explanation
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* * * * * * *
8-Hour Ozone Maintenance Plan Wood County....... 09/08/06 05/08/07 [Insert
for the Parkersburg-Marietta, page number where
WV-OH Area. the document
begins].
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PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.349 the table entitled ``West Virginia--Ozone (8-Hour
Standard)'' is amended by revising the entry for the Parkersburg-
Marietta, WV-OH Area to read as follows:
Sec. 81.349 West Virginia.
* * * * *
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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* * * * * * *
Parkersburg-Marietta, WV-OH Area
Wood County..................... 05/08/07 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. E7-8678 Filed 5-7-07; 8:45 am]
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