Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 70099 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 5, 2014. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by revising the entry/

entries for COMAR 26.11.01.01 and 

26.11.06.14. The revised text reads as 

follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of Maryland administrative 

regulations (COMAR) citation Title/subject 

State 

effective 

date 

EPA approval date 

Additional 

explanation/citation at 

40 CFR 52.1100 

26.11.01 General Administrative Provisions 

26.11.01.01 .................................. Definitions .................................... 7/8/13 11/25/14 [Insert Federal Register citation].Revised .01B(37). 

* * * * * * * 

26.11.06 General Emission Standards, Prohibitions, and Restrictions 

*******

26.11.06.14 .................................. Control of PSD Sources .............. 7/8/13 11/25/14 [Insert Federal Register citation].Revised .14B(1). 

* * * * * * * 

* * * * * 

[FR Doc. 2014–27749 Filed 11–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2013–0690; FRL–9919–65– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia’s Redesignation Request and 

Associated Maintenance Plan of the 

West Virginia Portion of the 

Martinsburg-Hagerstown, WV–MD 

Nonattainment Area for the 1997 

Annual Fine Particulate Matter 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State of 

West Virginia’s request to redesignate to 

attainment the West Virginia portion of 

the Martinsburg-Hagerstown, WV–MD 

nonattainment area (the Martinsburg 

Area or Area) for the 1997 annual fine 

particulate matter (PM2.5) national 

ambient air quality standard (NAAQS). 

EPA is also approving as a revision to 

the West Virginia State Implementation 

Plan (SIP) the associated maintenance 

plan to show maintenance of the 1997 

annual PM2.5 NAAQS through 2025 for 

the Area. As part of this action, EPA is 

making a determination that the 

Martinsburg Area continues to attain the 

1997 annual PM2.5 NAAQS. The 

maintenance plan includes the 2017 and 

2025 PM2.5 and nitrogen oxides (NOX) 

mobile vehicle emissions budgets 

(MVEBs) for Berkeley County, West 

Virginia for the 1997 annual PM2.5

NAAQS which EPA is approving for 

transportation conformity purposes. 

Furthermore, EPA is approving, as a 

revision to the West Virginia SIP, the 

2007 base year emissions inventory for 

the Area for the 1997 annual PM2.5

NAAQS. These actions are being taken 

under the Clean Air Act (CAA). 

DATES: This final rule is effective on 

December 26, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0690. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

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, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 5, 2013, the State of West 

Virginia through the West Virginia 

Department of Environmental Protection 

(WVDEP) formally submitted a request 

to redesignate the West Virginia portion 

of the Martinsburg Area from 

nonattainment to attainment for the 

1997 annual PM2.5 NAAQS. 

Concurrently, WVDEP submitted a 

maintenance plan for the Area as a SIP 

revision to ensure continued attainment 

throughout the Area over the next 10 

years. The maintenance plan also 


wreier-aviles on DSK4TPTVN1PROD with RULES
70100 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 

includes a 2007 base year emissions 

inventory for PM2.5, NOX, sulfur dioxide 

(SO2), volatile organic compounds 

(VOC) and ammonia (NH3) for the1997 

annual PM2.5 NAAQS in order to meet 

the emissions inventory requirements of 

section 172(c)(3) of the CAA. In 

addition, the maintenance plan includes 

the 2017 and 2025 PM2.5 and NOX

MVEBs used for transportation 

conformity purposes for Berkeley 

County, West Virginia for the 1997 

annual PM2.5 NAAQS. 

On April 16, 2014, the notice of 

proposed rulemaking (NPR) was signed 

by the Regional Administrator for this 

rulemaking action. This NPR was 

published in the Federal Register on 

May 5, 2014 (79 FR 25540) and included 

proposals for several rulemaking 

actions. First, EPA proposed to find that 

the Martinsburg Area met the 

requirements for redesignation of the 

Area for the 1997 annual PM2.5 NAAQS 

under section 107(d)(3)(E) of the CAA. 

Second, EPA proposed approval of the 

associated maintenance plan as a SIP 

revision for the 1997 annual PM2.5

NAAQS, which included the 2017 and 

2025 for PM2.5 and NOX MVEBs for 

purposes of transportation conformity. 

Third, EPA proposed approval of the 

2007 comprehensive emissions 

inventory for the 1997 annual PM2.5

NAAQS to meet the requirements of 

section 172(c)(3) of the CAA. Finally, 

EPA proposed to find that the Area 

continues to attain the1997 annual 

PM2.5 NAAQS. 

In the May 5, 2014 NPR, EPA 

addressed the effects of one order and 

two decisions of the United States Court 

of Appeals for the District of Columbia 

(D.C. Circuit Court) on the approval of 

the redesignation request and approval: 

(1) The D.C. Circuit Court’s December 

30, 2011 order staying Cross-State Air 

Pollution Control Rule (CSAPR) (i.e. 

Transport Rule) pending resolution of 

the petitions for review of that rule in 

EME Homer City Generation, L.P. v. EPA 

(No. 11–1302 and consolidated cases); 

(2) the D.C. Circuit Court’s August 21, 

2012 decision to vacate and remand to 

EPA the CSAPR; and, (3) the D.C. 

Circuit Court’s January 4, 2013 decision 

to remand to EPA two final rules 

implementing the 1997 annual PM2.5

standard. Details of West Virginia’s 

submittal and the rationale for EPA’s 

proposed actions are explained in the 

NPR and will not be restated here. No 

public comments were received on the 

NPR. 

Since the Regional Administrator’s 

signature of the NPR on April 16, 2014, 

the Supreme Court issued a decision 

and order, and the D.C. Circuit Court 

issued an order regarding the status of 

EPA’s regional trading programs for 

transported air pollution, Clean Air 

Interstate Rule (CAIR) and CSAPR. On 

April 29, 2014, the Supreme Court 

vacated and reversed the D.C. Circuit 

Court’s decision regarding CSAPR and 

remanded that decision to the D.C. 

Circuit Court to resolve remaining 

issues in accordance with its ruling. 

EPA v. EME Homer City Generation, 

L.P., 134 S. Ct. 1584 (2014). However, 

this April 29, 2014 Supreme Court 

decision did not lift the stay on the 

implementation of CSAPR issued by the 

D.C. Circuit Court by order dated 

December 30, 2011. In light of the April 

29, 2014 Supreme Court decision, on 

June 26, 2014, EPA moved to have the 

D.C. Circuit Court’s December 30, 2011 

stay of CSAPR lifted. EME Homer City 

Generation, L.P. v. EPA, Case No. 11– 

1302, Document No. 1499505 (D.C. Cir. 

filed June 26, 2014). In its motion, EPA 

asked the D.C. Circuit Court to toll 

CSAPR’s compliance deadlines by three 

years, so that the Phase 1 emissions 

budgets apply in 2015 and 2016 (instead 

of 2012 and 2013), and the Phase 2 

emissions budgets apply in 2017 and 

beyond (instead of 2014 and beyond). 

On October 23, 2014, the D.C. Circuit 

Court granted EPA’s motion and lifted 

the stay of CSAPR which was imposed 

on December 30, 2011. EME Homer City 

Generation, L.P. v. EPA, No. 11–1302 

(D.C. Cir. Oct. 23, 2014), Order at 3. EPA 

intends to act in accordance with the 

D.C. Circuit Court’s October 23, 2014 

order and will commence 

implementation of CSAPR beginning 

January 2015 pursuant to the D.C. 

Circuit Court’s directive lifting the stay. 

Also, in the May 5, 2014 NPR, EPA 

discussed the January 4, 2013 D.C. 

Circuit Court’s decision regarding 

subpart 4 and a proposed rule, 

‘‘Identification of Nonattainment 

Classification and Deadlines for 

Submission of SIP Provisions for the 

1997 and 2006 PM2.5 NAAQS’’ (the 

PM2.5 Subpart 4 Classification and 

Deadline Rule) that EPA issued on 

November 21, 2013 (78 FR 69806), 

which identifies the classification under 

subpart 4 for areas currently designated 

nonattainment for the 1997 annual and/ 

or 2006 24-hour PM2.5 standards. On 

June 2, 2014 (79 FR 31566), EPA 

finalized the rule. 

II. Final Action 

EPA is taking final action on the 

redesignation request and SIP revisions 

submitted by the State of West Virginia 

on August 5, 2013 for the West Virginia 

portion of the Martinsburg Area for the 

1997 annual PM2.5 NAAQS. EPA is 

approving West Virginia’s redesignation 

request for the 1997 annual PM2.5

NAAQS, because EPA has determined 

that the request meets the redesignation 

criteria set forth in section 107(d)(3)(E) 

of the CAA. 

EPA is finding that the West Virginia 

portion of the Martinsburg Area has 

attained and is continuing to attain the 

1997 annual PM2.5 NAAQS. As 

explained in the NPR, West Virginia has 

adequately demonstrated that the 

improvement in air quality is due to 

permanent and enforceable emissions 

reductions. The air quality modeling 

analysis conducted for the Transport 

Rule demonstrates that the Area would 

be able to attain the 1997 annual PM2.5

NAAQS even in the absence of either 

CAIR or the Transport Rule. EPA’s 

modeling projections show that the 

ambient monitors in the Area are 

expected to continue to maintain 

compliance in the 2012 and 2014 ‘‘no 

CAIR’’ base cases. Therefore, none of the 

ambient monitoring sites in the Area are 

‘‘receptors’’ that EPA projects will have 

future nonattainment problems or 

difficulty maintaining the NAAQS. 

Given the D.C. Circuit Court’s October 

23, 2014 order lifting the stay on 

CSAPR, EPA expects the State’s reliance 

on CAIR to be replaced with reliance on 

CSAPR beginning in January 2015. 

CSAPR requires substantial reductions 

of SO2 and NOX emissions from EGUs 

in the Eastern United States, including 

West Virginia, that significantly 

contribute to downwind nonattainment 

of the 1997 PM2.5 and ozone NAAQS 

and 2006 PM2.5 NAAQS. Because 

CSAPR should result in greater 

emissions reductions of SO2 and NOX

than CAIR in West Virginia and 

neighboring states, EPA expects the 

West Virginia portion of the 

Martinsburg Area to continue to attain 

the 1997 annual PM2.5 NAAQS through 

the implementation of CSAPR. 

EPA is also approving the associated 

maintenance plan for the Martinsburg 

Area as a revision to the West Virginia 

SIP for the 1997 annual PM2.5 NAAQS 

because it meets the requirements of 

section 175A of the CAA. In addition, 

EPA is approving the 2017 and 2025 

PM2.5 and NOX MVEBs submitted by 

West Virginia for Berkeley County for 

transportation conformity purposes. 

Furthermore, EPA is approving the 2007 

comprehensive emissions inventory for 

the 1997 annual PM2.5 NAAQS as a 

revision to the West Virginia SIP 

because it meets the requirements of 

section 172(c)(3) of the CAA. Approval 

of this redesignation request will change 

the official designation of the West 

Virginia portion of the Martinsburg Area 

from nonattainment to attainment for 

the 1997 annual PM2.5 NAAQS. 


wreier-aviles on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 70101 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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 CAA. 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 (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 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 26, 2015. 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, approving the 

redesignation request, the maintenance 

plan, MVEBs, and the 2007 

comprehensive emissions inventory for 

the West Virginia portion of the 

Martinsburg Area for the 1997 annual 

PM2.5 NAAQS, 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, Incorporation by 

reference, Nitrogen oxides, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

Dated: November 6, 2014. 

William C. Early, 

Acting Regional Administrator, Region III. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding a new entry 

‘‘1997 Annual PM2.5 Maintenance Plan 

for the West Virginia Portion of the 

Martinsburg, WV-Hagerstown, MD 

Area’’ at the end of the table to read as 

follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision Applicable 

geographic area 

State submittal 

date EPA approval date Additional explanation 

*******

1997 Annual PM2.5 Maintenance Plan for the West 

Virginia Portion of the Martinsburg WV-Hagerstown, MD Area.

Berkeley County 8/5/13 11/25/14 [Insert Federal 

Register citation].

See § 52.2526(k), 

§ 52.2531(h) and 

§ 52.2532(f). 


wreier-aviles on DSK4TPTVN1PROD with RULES
70102 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 

■ 3. Section 52.2526 is amended by 

adding paragraph (k) to read as follows: 

§ 52.2526 Control strategy: Particulate 

matter. 

* * * * * 

(k) EPA approves the 1997 annual 

PM2.5 maintenance plan for the West 

Virginia portion of the Martinsburg WVHagerstown, MD Nonattainment Area 

(Berkeley County). The maintenance 

plan includes the 2017 and 2025 PM2.5

and NOX mobile vehicle emissions 

budgets (MVEBs) for Berkeley County 

for transportation conformity purposes. 

■ 4. Section 52.2531 is amended by 

adding paragraph (h) to read as follows: 

§ 52.2531 Base year emissions inventory. 

* * * * * 

(h) EPA approves as a revision to the 

West Virginia State Implementation 

Plan the comprehensive emissions 

inventory for the West Virginia portion 

for the Martinsburg WV-Hagerstown, 

MD PM2.5 nonattainment area submitted 

by the West Virginia Department of 

Environmental Protection on August 5, 

2013. The emissions inventory includes 

emissions estimates that cover the 

general source categories of point 

sources, nonroad mobile sources, area 

sources, onroad mobile sources and 

biogenic sources. The pollutants that 

comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOC), PM2.5, ammonia 

(NH3), and sulfur dioxide (SO2). 

■ 5. Section 52.2532 is amended by 

adding paragraph (f) to read as follows: 

§ 52.2532 Motor vehicle emissions 

budgets. 

* * * * * 

(f) EPA approves the following 

revised 2017 and 2025 motor vehicle 

emissions budgets (MVEBs) for the West 

Virginia portion of the Martinsburg WVHagerstown, MD for the 1997 Annual 

PM2.5 maintenance area submitted by 

the Secretary of the Department of 

Environmental Protection on August 5, 

2013: 

Applicable geographic area Year Tons per year 

PM2.5

Tons per year 

NOX

Martinsburg Area (Berkeley County) ........................................................................................... 2017 83 2,621 

Martinsburg Area (Berkeley County) ........................................................................................... 2025 50 1,660 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 6. The authority citation for part 81 

continues to read as follows: 

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

■ 7. Section 81.349 is amended by 

revising the entry for ‘‘Martinsburg, WVHagerstown, MD: Berkeley County’’ and 

footnote 2 at the end of the table titled 

‘‘West Virginia—1997 Annual PM2.5

NAAQS’’ to read as follows: 

§ 81.349 West Virginia. 

* * * * * 

WEST VIRGINIA—1997 ANNUAL PM2.5 NAAQS 

[Primary and secondary] 

Designated Area 

Designation a Classification 

Date 1 Type Date 2 Type 

*******

Martinsburg, WV-Hagerstown, MD: 

Berkeley County ...................................................................................................... 11/25/14 Attainment ... ..................... Moderate 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

[FR Doc. 2014–27751 Filed 11–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R06–OAR–2008–0074; FRL–9919–74– 

Region 6] 

National Emission Standards for 

Hazardous Air Pollutants; Delegation 

of Authority to Texas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; delegation of 

authority. 

SUMMARY: The Texas Commission on 

Environmental Quality (TCEQ) has 

submitted updated regulations for 

receiving delegation of EPA authority 

for implementation and enforcement of 

National Emission Standards for 

Hazardous Air Pollutants (NESHAPs) 

for all sources (both part 70 and nonpart 70 sources). These regulations 

apply to certain NESHAPs promulgated 

by the Environmental Protection Agency 

(EPA) at 40 CFR part 63, as amended 

between April 13, 2004 and April 24, 

2013. The delegation of authority under 

this action does not apply to sources 

located in Indian Country. EPA is taking 

direct final action to approve the 

delegation of certain NESHAPs to 

TCEQ. 

DATES: This rule is effective on January 

26, 2015 without further notice, unless 

EPA receives relevant adverse comment 

by December 26, 2014. If EPA receives 

such comment, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2008–0074, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions. 

• Email: Mr. Rick Barrett at 

barrett.richard@epa.gov. Please also 


wreier-aviles on DSK4TPTVN1PROD with RULES