[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Rules and Regulations]
[Pages 6552-6554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2359]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0694; FRL-8759-6]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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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).
DATES: Effective Date: This final rule is effective on March 12, 2009.
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 http://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 http://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 [email protected].
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 [mu]g/
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.
[[Page 6553]]
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 (Pub. L. 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 130 Section 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 April 13, 2009. 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.
Dated: December 15, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
0
40 CFR Part 52 is 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
0
2. In Sec. 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 entries for [45 CSR] Series 8, Sections 45-8-6 and 45-8-7; and
removing the entries for [45 CSR] Series 9 and [45 CSR] Series 12. The
amendments read as follows:
Sec. 52.2520 Identification of plan.
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(c) * * *
EPA-Approved Regulations in the West Virginia SIP
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State Additional explanation/
State citation [Chapter 16-20 Title/subject effective EPA approval date citation at 40 CFR
or 45 CSR] date 52.2565
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[45 CSR] Series 8 Ambient Air Quality Standards
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Section 45-8-1................. General........... 6/1/08 02/10/09 [Insert page Added language to
number where the repeal provisions
document begins]. contained in Sections
45CSR9 and 45CSR12.
Section 45-8-2................. Anti-Degradation 6/1/08 02/10/09 [Insert page Added definitions for:
Policy. number where the Administrator, ambient
document begins]. air, clean air act,
equivalent method,
ozone, person, PM2.5,
and reference methods.
Section 45-8-3................. Definitions....... 6/1/08 02/10/09 [Insert page
number where the
document begins].
[[Page 6554]]
Section 45-8-4................. Ambient Air 6/1/08 02/10/09 [Insert page Added ambient air
Quality Standards. number where the quality standards for
document begins]. PM2.5, carbon
monoxide, nitrogen
dioxide, ozone and
lead.
Section 45-8-5................. Methods of 6/1/08 02/10/09 [Insert page Added reference methods
Measurement. number where the for PM2.5, carbon
document begins]. monoxide, nitrogen
dioxide, ozone and
lead.
Section 45-8-6................. Reference 6/1/08 02/10/09 [Insert page New Section.
Conditions. number where the
document begins].
Section 45-8-7................. Inconsistency 6/1/08 02/10/09 [Insert page
Between Rules. number where the
document begins].
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[FR Doc. E9-2359 Filed 2-9-09; 8:45 am]
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