[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Rules and Regulations]
[Pages 64860-64861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24912]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[R03-OAR-2004-WV-0001; FRL-7836-5]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Determination of Attainment and Redesignation of the 
City of Weirton PM<INF>10</INF> Nonattainment Area to Attainment and 
Approval of the Maintenance Plan; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendment.

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SUMMARY: This document corrects an omission in the preamble language of 
a direct final rule pertaining to a determination of attainment and 
redesignation of the City of Weirton PM<INF>10</INF> Nonattainment Area 
to attainment and approval of the maintenance plan submitted by the 
State of West Virginia.

DATES: This document will be effective on December 27, 2004, unless EPA 
receives adverse written comment by November 26, 2004. If EPA receives 
such comments, it will publish a timely withdrawal of the direct final 
rule in the Federal Register and inform the public that the rule will 
not take effect. Please see EPA's direct final rule published on 
October 27, 2004 (69 FR 62591), for instructions for submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, or by e-
mail at <a href="/cdn-cgi/l/email-protection#4e232722222b3c602227202a2f0e2b3e2f60292138"><span class="__cf_email__" data-cfemail="0d60646161687f23616463696c4d687d6c236a627b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document wherever

[[Page 64861]]

``we,'' or ``our'' are used we mean EPA. On October 27, 2004, (69 FR 
62591), we published a final rulemaking action announcing approval of a 
determination of attainment and redesignation of the City of Weirton 
PM<INF>10</INF> Nonattainment our Area (the Weirton area) to attainment 
and approval of the maintenance plan for the area. In the preamble of 
this document, we inadvertently omitted language explaining why 
PM<INF>10</INF> motor vehicle emissions budgets, for purposes of 
transportation conformity, not required to be part of the maintenance 
plan for the area. Our intent was to explain that the ambient impact of 
PM<INF>10</INF> emissions from onroad motor vehicles was not and is not 
significant as it has been and continues to be less than five percent 
of the total PM<INF>10</INF> ambient concentrations in the area. 
Stationary (point) source emissions are responsible for the remaining 
impacts. The May 24, 2004 submittal from West Virginia requesting 
redesignation and approval of the maintenance plan (which is in the 
docket for this final rule) includes a letter from EPA to the State of 
West Virginia, dated April 26, 1995. In that letter, EPA agreed that 
because the ambient impact of PM<INF>10</INF> emissions from onroad 
motor vehicles was less than five percent of the total PM<INF>10</INF> 
ambient concentrations in the area, the impact of PM<INF>10</INF> 
emissions from onroad motor vehicles was not responsible for 
nonattainment. That letter also stated that for purposes of 
transportation conformity no additional quantitative analyses for 
transportation-related PM<INF>10</INF> impacts were required for the 
area. The May 24, 2004 submittal from West Virginia also includes 
emission inventory data and information regarding the area's declining 
population indicating a decrease in on road mobile emissions.
    Although the docket for this final rule includes documentation that 
the ambient impact of PM<INF>10</INF> emissions from onroad motor 
vehicles did not and do not significantly contribute to the total 
PM<INF>10</INF> ambient concentrations in the area, the preamble of 
published final rule itself did not provide this information. This 
action corrects that omission. In rule document 04-23945 published in 
the Federal Register on October 27, 2004 (69 FR 62591), on page 62594 
in the second column, under 2. Maintenance Demonstration the revised 
preamble language is corrected to add a second paragraph to read--
``West Virginia's May 24, 2004 submittal includes documentation that 
the ambient impact of PM<INF>10</INF> emissions from onroad motor 
vehicles was not and is not significant as it has been and continues to 
be less than five percent of the total PM<INF>10</INF> ambient 
concentrations in the area. Stationary (point) source emissions are 
responsible for the remaining impacts. The enforceable measures imposed 
by West Virginia to reduce emissions from these point sources are the 
basis of the Weirton area achieving the NAAQS for PM<INF>10</INF>. 
Therefore, no motor vehicle emissions budgets for transportation 
conformity purposes are required for the Weirton area's maintenance 
plan.''

Statutory and Executive Order Reviews

    As this action merely provides supplemental text to the preamble of 
the direct final rule published on October 27, 2004, please refer to 
that direct final rule (69 FR 62591, 62595) for information regarding 
applicable Statutory and Executive Order Reviews.
    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 correction to 
rule document 04-23945 is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

    Dated: November 3, 2004.
Donald S. Welsh,
Regional Administrator, EPA Region III.
[FR Doc. 04-24912 Filed 11-8-04; 8:45 am]
BILLING CODE 6560-50-P


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