73560 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 

1On November 5, 2012, EPA initiated the 

comment period for this proposed insignificance 

determination on the Office of Transportation and 

Air Quality (OTAQ) web site http://www.epa.gov/ 

otaq/stateresources/transconf/currsips.htm) in 

order to allow for a full 30 day public comment 

period in conjunction with this proposed 

rulemaking action. 

§ 811.9 Periodic verification of registration 

information. 

* * * * * 

(c) Quarterly or annually, as 

appropriate, CSOSA will send a 

certified letter with return receipt 

requested to the home of the sex 

offender. 

* * * * * 

(e) CSOSA, either on its own accord 

or with its law enforcement partners, 

will conduct home verifications of 

registered sex offenders pursuant to the 

following schedule: 

(1) Semi-annually, at least every six 

months, for all registered Class A sex 

offenders without supervision 

obligation. 

(2) Annually, for all registered Class B 

sex offenders without a supervision 

obligation. 

(3) As directed by CSOSA and 

consistent with Agency policy for all 

Class A and B sex offenders with 

supervision obligation. 

Dated: December 3, 2012 

Nancy M. Ware, 

Director, CSOSA. 

[FR Doc. 2012–29636 Filed 12–10–12; 8:45 am] 

BILLING CODE 3129–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2012–0386; FRL- 9761–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Redesignation of the West 

Virginia Portion of the ParkersburgMarietta, WV–OH 1997 Annual Fine 

Particulate Matter (PM2.5) 

Nonattainment Area to Attainment and 

Approval of the Associated 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a redesignation request and State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

The West Virginia Department of 

Environmental Protection (WVDEP) is 

requesting that the West Virginia 

portion of the Parkersburg-Marietta, 

WV–OH fine particulate matter (PM2.5) 

nonattainment area (ParkersburgMarietta Area or Area) be redesignated 

as attainment for the 1997 annual PM2.5

national ambient air quality standard 

(NAAQS). The Parkersburg-Marietta 

Area is comprised of Wood County and 

a portion of Pleasants County in West 

Virginia (West Virginia portion of the 

Area); and Washington County in Ohio. 

In this rulemaking action, EPA is 

proposing to approve the PM2.5

redesignation request for the West 

Virginia portion of the ParkersburgMarietta Area. EPA is also proposing to 

approve the maintenance plan SIP 

revision that the State submitted in 

conjunction with its redesignation 

request. The maintenance plan provides 

for continued attainment of the 1997 

annual PM2.5 NAAQS for 10 years after 

redesignation of the West Virginia 

portion of the Area. The maintenance 

plan includes an insignificance 

determination for the on-road motor 

vehicle contribution of PM2.5, nitrogen 

oxides (NOX), and sulfur dioxide (SO2) 

for the West Virginia portion of the Area 

for purposes of transportation 

conformity. EPA is proposing to find 

that West Virginia’s insignificance 

determination for transportation 

conformity is adequate.1 EPA is also 

proposing to find that the Area 

continues to attain the standard. This 

action to propose approval of the 1997 

annual PM2.5 NAAQS redesignation 

request, maintenance plan, and 

insignificance determination for 

transportation conformity for the West 

Virginia portion of the Area is based on 

EPA’s determination that the Area has 

met the criteria for redesignation to 

attainment specified in the Clean Air 

Act (CAA). EPA is taking separate action 

to propose redesignation of the Ohio 

portion of the Parkersburg-Marietta 

Area. 

DATES: Written comments must be 

received on or before January 10, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0386 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov 

C. Mail: EPA–R03–OAR–2012–0386, 

Donna Mastro, Acting Associate 

Director, Office of Air Quality Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0386. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in www.regulations.gov or 

in hard copy 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. 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 73561 

2The court’s judgment is not final, as of 

November 20, 2012, as the mandate has not yet 

been issued. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

Table of Contents 

I. Summary of Actions 

II. Background 

III. Criteria for Redesignation to Attainment 

IV. Reasons for Proposing These Actions 

V. Effect of These Proposed Actions 

VI. Analysis of West Virginia’s Redesignation 

Request 

VII. Analysis of West Virginia’s 

Transportation Conformity 

Insignificance Determination for the 

Parkersburg-Marietta Area 

VIII. Proposed Actions 

IX. Statutory and Executive Order Reviews 

I. Summary of Actions 

On March 5, 2012, the State of West 

Virginia through WVDEP formally 

submitted a request to redesignate the 

West Virginia portion of the Area from 

nonattainment to attainment of the 1997 

annual PM2.5 NAAQS. Concurrently, 

West Virginia submitted a maintenance 

plan for the Area as a SIP revision to 

ensure continued attainment throughout 

the Area over the next 10 years. 

EPA is proposing to take several 

actions related to redesignation of the 

West Virginia portion of the Area to 

attainment for the 1997 annual PM2.5

NAAQS. EPA is proposing to find that 

the West Virginia portion of the Area 

meets the requirements for 

redesignation of the PM2.5 NAAQS 

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

EPA is thus proposing to approve West 

Virginia’s request to change the legal 

definition of the West Virginia portion 

of the Area from nonattainment to 

attainment for the 1997 annual PM2.5

NAAQS. This action does not impact 

the legal definition of the Ohio portion 

of the area. EPA is taking separate action 

to redesignate the Ohio portion. 

EPA is also proposing to approve the 

maintenance plan for the West Virginia 

portion of the Area as a revision to the 

West Virginia SIP. Such approval is one 

of the CAA criteria for redesignation of 

an area to attainment. The maintenance 

plan is designed to ensure continued 

attainment in the West Virginia portion 

of the Area for 10 years after 

redesignation. The maintenance plan 

includes an insignificance 

determination for the on-road motor 

vehicle contribution of PM2.5, NOX and 

SO2 in the West Virginia portion of the 

Area for transportation conformity 

purposes. EPA has determined that the 

on-road motor vehicle insignificance 

finding that is included as part of West 

Virginia’s maintenance plan for the 

1997 annual PM2.5 NAAQS is adequate, 

and is proposing to approve the 

insignificance determination. EPA’s 

analysis of these proposed actions is 

discussed in Sections VI and VII of 

today’s proposed rulemaking. 

II. Background 

A. General 

The first air quality standards for 

PM2.5 were established on July 18, 1997. 

62 FR 38652 (July 18, 1997). EPA 

promulgated an annual standard at a 

level of 15 micrograms per cubic meter 

(mg/m3), based on a three-year average of 

annual mean PM2.5 concentrations. In 

the same rulemaking, EPA promulgated 

a 24-hour standard of 65 mg/m3, based 

on a three-year average of the 98th 

percentile of 24-hour concentrations. On 

October 17, 2006, at 71 FR 61144, EPA 

retained the annual average standard at 

15 mg/m3 but revised the 24-hour 

standard to 35 mg/m3, based again on the 

three-year average of the 98th percentile 

of 24-hour concentrations. 

On January 5, 2005, at 70 FR 944, as 

supplemented on April 14, 2005, at 70 

FR 19844, EPA designated the 

Parkersburg-Marietta Area as 

nonattainment for the 1997 p.m.2.5 air 

quality standards. The ParkersburgMarietta Area is comprised of Wood 

County and the Grant tax district in 

Pleasants County, West Virginia, and 

Washington County in Ohio. On 

November 13, 2009, at 74 FR 58688, 

EPA promulgated designations for the 

24-hour standard set in 2006, 

designating the Parkersburg-Marietta 

Area as attaining this standard. In that 

action, EPA also clarified the 

designations for the NAAQS 

promulgated in 1997, stating that the 

Parkersburg-Marietta Area remained 

designated nonattainment for the 1997 

annual PM2.5 standard, but was 

designated attainment for the 1997 24- 

hour standard. Today’s action therefore 

does not address attainment of either 

the 1997 or the 2006 24-hour NAAQS. 

In response to legal challenges of the 

annual standard promulgated in 2006, 

the DC Circuit remanded the 2006 

annual standard to EPA for further 

consideration. See American Farm 

Bureau Federation and National Pork 

Producers Council, et al. v. EPA, 559 

F.3d 512 (DC Cir. 2009). However, given 

that the 1997 and 2006 annual standards 

are essentially identical, attainment of 

the 1997 annual standard would also 

indicate attainment of the remanded 

2006 annual standard. Since the 

Parkersburg-Marietta Area is designated 

nonattainment only for the annual 

standard promulgated in 1997, today’s 

action addresses redesignation to 

attainment only for this standard. 

In a final rulemaking action dated 

December 2, 2011, at 76 FR 75464, EPA 

determined, pursuant to CAA section 

179(c), that the entire ParkersurgMarietta Area is attaining the 1997 

annual PM2.5 NAAQS. This 

determination of attainment was based 

upon complete, quality-assured and 

certified ambient air quality monitoring 

data for the period of 2007—2009 

showing that the area had attained the 

NAAQS by its applicable attainment 

date of April 5, 2010. 

B. Clean Air Interstate Rule (CAIR) and 

Cross State Air Pollution Rule (CSAPR 

or the Transport Rule) 

On May 12, 2005, EPA published 

CAIR, which requires significant 

reductions in emissions of SO2 and NOX

from electric generating units to limit 

the interstate transport of these 

pollutants and the ozone and fine 

particulate matter they form in the 

atmosphere. See 70 FR 25162. The DC 

Circuit initially vacated CAIR, North 

Carolina v. EPA, 531 F.3d 896 (DC Cir. 

2008), but ultimately remanded the rule 

to EPA without vacatur to preserve the 

environmental benefits provided by 

CAIR. See North Carolina v. EPA, 550 

F.3d 1176, 1178 (DC Cir. 2008). In 

response to the court’s decision, EPA 

issued the Transport Rule, also known 

as CSAPR, to address interstate 

transport of NOX and SO2 in the eastern 

United States. See 76 FR 48208 (August 

8, 2011). On August 21, 2012, the DC 

Circuit issued a decision to vacate the 

Transport Rule. In that decision, it also 

ordered EPA to continue administering 

CAIR ‘‘pending the promulgation of a 

valid replacement.’’ EME Homer City 

Generation, L.P. v. EPA, No. 11–1302 

(DC Cir., August 21, 2012).2

In light of the above and as explained 

below, EPA proposes to approve the 

redesignation request for Wood County 

and the Grant tax district in Pleasants 

County, West Virginia, and the related 

maintenance plan SIP revision for 

maintaining attainment of the 1997 

annual PM2.5 NAAQS in the West 

Virginia portion of the Area. The air 

quality modeling analysis conducted for 

the Transport Rule demonstrates that 

the Parkersburg-Marietta Area would be 

able to attain the 1997 annual PM2.5

NAAQS even in the absence of either 

CAIR or the Transport Rule. See ‘‘Air 

Quality Modeling Final Rule Technical 

Support Document,’’ App. B, B–115 to 

B–134. This modeling is available in the 

docket for the Transport Rule 

rulemaking. See FDMS Docket ID No. 

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73562 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 

EPA–HQ–OAR–2009–0491. Nothing in 

the DC Circuit’s August 21, 2012 

decision disturbs or calls into question 

that conclusion or the validity of the air 

quality analysis on which it is based. 

In addition, CAIR remains in place 

and enforceable until substituted by a 

‘‘valid’’ replacement rule. West 

Virginia’s SIP revision lists CAIR as a 

control measure that became Stateeffective on May 1, 2008 and was 

approved by EPA on August 4, 2009 for 

the purpose of reducing SO2 and NOX

emissions. The monitoring data used to 

demonstrate the Area’s attainment of the 

1997 annual PM2.5 NAAQS by the April 

2010 attainment deadline was also 

impacted by CAIR. To the extent that 

the State is relying on CAIR in its 

maintenance plan, the recent directive 

from the DC Circuit in EME Homer City 

ensures that the reductions associated 

with CAIR will be permanent and 

enforceable for the necessary time 

period. EPA has been ordered by the 

Court to develop a new rule, and the 

opinion makes clear that after 

promulgating that new rule EPA must 

provide states an opportunity to draft 

and submit SIPs to implement that rule. 

CAIR thus cannot be replaced until EPA 

has promulgated a final rule through a 

notice-and-comment rulemaking 

process, states have had an opportunity 

to draft and submit SIPs, EPA has 

reviewed the SIPs to determine if they 

can be approved, and EPA has taken 

action on the SIPs, including 

promulgating a FIP if appropriate. These 

steps alone will take many years, even 

with EPA and the states acting 

expeditiously. The Court’s clear 

instruction to EPA that it must continue 

to administer CAIR until a ‘‘valid 

replacement’’ exists provides an 

additional backstop; by definition, any 

rule that replaces CAIR and meets the 

Court’s direction would require upwind 

states to eliminate significant 

downwind contributions. 

Further, in vacating the Transport 

Rule and requiring EPA to continue 

administering CAIR, the D.C. Circuit 

emphasized that the consequences of 

vacating CAIR ‘‘might be more severe 

now in light of the reliance interests 

accumulated over the intervening four 

years.’’ EME Homer City, slip op. at 60. 

The accumulated reliance interests 

include the interests of states who 

reasonably assumed they could rely on 

reductions associated with CAIR which 

brought certain nonattainment areas 

into attainment with the NAAQS. If EPA 

were prevented from relying on 

reductions associated with CAIR in 

redesignation actions, states would be 

forced to impose additional, redundant 

reductions on top of those achieved by 

CAIR. EPA believes this is precisely the 

type of irrational result the court sought 

to avoid by ordering EPA to continue 

administering CAIR. For these reasons 

also, EPA believes it is appropriate to 

allow states to rely on CAIR, and the 

existing emissions reductions achieved 

by CAIR, as sufficiently permanent and 

enforceable pending a valid replacement 

rule for purposes such as redesignation. 

Following promulgation of the 

replacement rule, EPA will review SIPs 

as appropriate to identify whether there 

are any issues that need to be addressed. 

III. Criteria for Redesignation to 

Attainment 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation providing that: 

1. EPA determines that the area has 

attained the applicable NAAQS; 

2. EPA has fully approved the 

applicable implementation plan for the 

area under section 110(k); 

3. EPA determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; 

4. EPA has fully approved a 

maintenance plan for the area as 

meeting the requirements of CAA 

section 175A; and 

5. The state containing such area has 

met all requirements applicable to the 

area under CAA section 110 and Part D. 

EPA has provided guidance on 

redesignation in the General Preamble 

for the Implementation of title I of the 

CAA Amendments of 1990 (57 FR 13498 

(April 16, 1992)) (supplemented by 57 

FR 18070 (April 28, 1992)) and has 

provided further guidance on processing 

redesignation requests in the following 

documents: 

1. ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment,’’ Memorandum from John 

Calcagni, Director, Air Quality 

Management Division, September 4, 

1992 (hereafter referred to as the 

‘‘Calcagni Memorandum’’); 

2. ‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to Clean 

Air Act (CAA) Deadlines,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, October 28, 1992; and 

3. ‘‘Part D New Source Review (Part 

D NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994. 

IV. Reasons for Taking These Actions 

On March 5, 2012, the WVDEP 

requested redesignation of the West 

Virginia portion of the Area to 

attainment for the 1997 annual PM2.5

standard. As a part of the redesignation 

request, WVDEP submitted a 

maintenance plan for the West Virginia 

portion of the Area as a SIP revision, to 

ensure continued attainment of the 1997 

annual PM2.5 NAAQS over the next 10 

years. EPA has determined that the 

Parkersburg-Marietta Area has attained 

the 1997 annual PM2.5 standard and that 

West Virginia has met the requirements 

set forth in CAA section 107(d)(3)(E) for 

redesignation of the West Virginia 

portion of the Area. 

V. Effect of These Proposed Actions 

Final approval of the redesignation 

request would change the official 

designation of the West Virginia portion 

of the Area for the 1997 annual PM2.5

NAAQS, found at 40 CFR part 81, from 

nonattainment to attainment. It would 

incorporate into the West Virginia SIP a 

maintenance plan ensuring continued 

attainment of the 1997 annual PM2.5

NAAQS in the Area for the next 10 

years. The maintenance plan includes, 

among other components, contingency 

measures to remedy any future 

violations of the 1997 annual PM2.5

NAAQS (should they occur). Approval 

of the maintenance plan would also 

result in approval of the insignificance 

determination for PM2.5, NOX, and SO2

for transportation conformity purposes 

in the West Virginia portion of the Area. 

VI. Analysis of West Virginia’s 

Redesignation Request 

EPA proposes to redesignate the West 

Virginia portion of the Area to 

attainment for the 1997 annual PM2.5

NAAQS and to approve into the West 

Virginia SIP the 1997 annual PM2.5

NAAQS maintenance plan for the West 

Virginia portion of the Area. These 

actions are based upon EPA’s 

determination that the Area continues to 

attain the 1997 annual PM2.5 NAAQS 

and that all other redesignation criteria 

have been met for the West Virginia 

portion of the Area, provided EPA 

approves the base year emissions 

inventory that has been proposed in a 

separate rulemaking action. See 77 FR 

60087 (Oct. 2, 2012). The following is a 

description of how the WVDEP March 5, 

2012 submittal satisfies the 

requirements of section 107(d)(3)(E) of 

the CAA. 

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Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 73563 

1. Attainment 

As noted above, in a final rulemaking 

action dated December 2, 2011, at 76 FR 

75464, EPA determined, pursuant to 

CAA section 179(c), that the entire 

Parkersburg-Marietta Area is attaining 

the 1997 annual PM2.5 NAAQS. This 

determination of attainment was based 

upon complete, quality-assured and 

certified ambient air quality monitoring 

data for the period of 2007–2009 

showing that the Area had attained the 

NAAQS by its applicable attainment 

date of April 5, 2010. Further discussion 

of pertinent air quality issues 

underlying this determination was 

provided in the notice of proposed 

rulemaking for EPA’s determination of 

attainment for this Area, published on 

July 21, 2011 (76 FR 43634). EPA has 

reviewed more recent data in its Air 

Quality System (AQS) database, 

including certified, quality-assured data 

for the monitoring periods 2008–2010 

and 2009–2011. This data, shown on 

Table 1, shows that the ParkersburgMarietta Area continues to attain the 

1997 annual PM2.5 NAAQS (see the 

rulemaking docket for ParkersburgMarietta Area AQS reports). In addition, 

as discussed below with respect to the 

maintenance plan, WVDEP has 

committed to continue monitoring in 

accordance with 40 CFR part 58. In 

summary, EPA has determined that the 

data submitted by West Virginia and 

data taken from AQS indicate that the 

Parkersburg-Marietta Area has attained 

and continues to attain the 1997 annual 

PM2.5 NAAQS. 

TABLE 1—DESIGN VALUE CONCENTRATIONS FOR THE PARKERSBURG-MARIETTA AREA FOR THE 1997 ANNUAL PM2.5

NAAQS (μG/M3) FOR 2008–2010 AND 2009–2011 

County Monitor ID 

3-Year Annual Design Values 

2008–2010 2009–2011 

Wood County, WV ....................................................................... 541071002 13.1 12.3 

Note: There are no PM2.5 monitors in the Ohio portion of the nonattainment area. 

2. The Area Has Met All Applicable 

Requirements Under Section 110 and 

Part D of the CAA and Has a Fully 

Approved SIP Under Section 110(k) of 

the CAA 

EPA has determined that the West 

Virginia portion of the Area has met all 

SIP requirements applicable for 

purposes of this redesignation under 

section 110 of the CAA (General SIP 

Requirements) and that, upon final 

approval of the 2002 base year inventory 

as discussed in section VI, it will have 

met all applicable SIP requirements 

under Part D of Title I of the CAA, in 

accordance with CAA section 

107(d)(3)(E)(v). In addition, EPA is 

proposing to find that all applicable 

requirements of the West Virginia SIP 

for purposes of redesignation have been 

approved in accordance with CAA 

section 107(d)(3)(E)(ii). In making these 

proposed determinations, EPA 

ascertained which SIP requirements are 

applicable for purposes of redesignation 

of this Area and concluded that the 

applicable portions of the SIP meeting 

these requirements are fully approved 

under section 110(k) of the CAA. EPA 

notes that SIPs must be fully approved 

only with respect to applicable 

requirements. 

a. CAA Section 110 General SIP 

Requirements 

Section 110(a)(2) of Title I of the CAA 

delineates the general requirements for 

a SIP, which include enforceable 

emissions limitations and other control 

measures, means, or techniques, 

provisions for the establishment and 

operation of appropriate devices 

necessary to collect data on ambient air 

quality, and programs to enforce the 

limitations. The general SIP elements 

and requirements set forth in section 

110(a)(2) include, but are not limited to, 

the following: 

• Submittal of a SIP that has been 

adopted by the state after reasonable 

public notice and hearing; 

• Provisions for establishment and 

operation of appropriate procedures 

needed to monitor ambient air quality; 

• Implementation of a source permit 

program; provisions for the 

implementation of Part C requirements 

(Prevention of Significant Deterioration 

(PSD)); 

• Provisions for the implementation 

of Part D requirements for New Source 

Review (NSR) permit programs; 

• Provisions for air pollution 

modeling; and 

• Provisions for public and local 

agency participation in planning and 

emission control rule development. 

Section 110(a)(2)(D) of the CAA 

requires that SIPs contain certain 

measures to prevent sources in a state 

from significantly contributing to air 

quality problems in another state. To 

implement this provision for various 

NAAQS, EPA has required certain states 

to establish programs to address 

transport of air pollutants in accordance 

with the NOX SIP Call (63 FR 57356 

(Oct. 27, 1998)), amendments to the 

NOX SIP Call (64 FR 26298 (May 14, 

1999) and 65 FR 11222 (March 2, 2000)), 

and CAIR (70 FR 25162 (May 12, 2005)). 

However, the CAA section 110(a)(2)(D) 

requirements for a state are not linked 

with a particular nonattainment area’s 

designation and classification in that 

state. EPA believes that the 

requirements linked with a particular 

nonattainment area’s designation and 

classifications are the relevant measures 

to evaluate in reviewing a redesignation 

request. The transport SIP submittal 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area in the state. Thus, EPA does not 

believe that these requirements are 

applicable requirements for purposes of 

redesignation. 

In addition, EPA believes that the 

other CAA section 110(a)(2) elements 

not connected with nonattainment plan 

submissions and not linked with an 

area’s attainment status are not 

applicable requirements for purposes of 

redesignation. The Area will still be 

subject to these requirements after it is 

redesignated. EPA concludes that the 

CAA section 110(a)(2) and Part D 

requirements which are linked with a 

particular area’s designation and 

classification are the relevant measures 

to evaluate in reviewing a redesignation 

request, and that CAA section 110(a)(2) 

elements not linked to the area’s 

nonattainment status are not applicable 

for purposes of redesignation. This 

approach is consistent with EPA’s 

existing policy on applicability of 

conformity (i.e., for redesignations) and 

oxygenated fuels requirement. See 

Reading, Pennsylvania, proposed and 

final rulemakings (61 FR 53174 (October 

10, 1996)), (62 FR 24826 (May 7, 1997)); 

Cleveland-Akron-Lorain, Ohio final 

rulemaking (61 FR 20458 (May 7, 

1996)); and Tampa, Florida, final 

rulemaking (60 FR 62748 (December 7, 

1995)). See also the discussion on this 

issue in the Cincinnati redesignation (65 

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73564 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 

FR at 37890 (June 19, 2000)) and in the 

Pittsburgh redesignation (66 FR at 53099 

(Oct. 19, 2001)). 

EPA has reviewed the West Virginia 

SIP and have concluded that it meets 

the general SIP requirements under 

section 110(a)(2) of the CAA to the 

extent they are applicable for purposes 

of redesignation. EPA has previously 

approved provisions of West Virginia’s 

SIP addressing section 110(a)(2) 

requirements, including provisions 

addressing PM2.5. See 76 FR 47062 

(August 4, 2011). These requirements 

are, however, statewide requirements 

that are not linked to the PM2.5

nonattainment status of the ParkersburgMarietta Area. Therefore, EPA believes 

that these SIP elements are not 

applicable requirements for purposes of 

review of the State’s PM2.5 redesignation 

request. 

b. Part D Nonattainment Requirements 

Under the Standard 

Subpart 1 of Part D, sections 172 to 

175 of the CAA, set forth the basic 

nonattainment plan requirements 

applicable to PM2.5 nonattainment areas. 

Under CAA section 172, states with 

nonattainment areas must submit plans 

providing for timely attainment and 

must meet a variety of other 

requirements. On September 9, 2008, 

WVDEP submitted an attainment plan 

and base year inventory for the West 

Virginia portion of the Area to meet its 

part D requirements. On November 20, 

2009, at 74 FR 60199, EPA made a 

determination that the ParkersburgMarietta Area was attaining the 1997 

annual PM2.5 NAAQS. Pursuant to 40 

CFR 51.1004(c), upon a determination 

by EPA that an area designated 

nonattainment for the PM2.5 NAAQS has 

attained the standard, the requirement 

for such an area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

plan (RFP), contingency measures, and 

other planning SIPs related to the 

attainment of the PM2.5 NAAQS are 

suspended until the area is redesignated 

to attainment or EPA determines that 

the area has again violated the PM2.5

NAAQS, at which time such plans are 

required to be submitted. The 

September 9, 2008 submittal is relevant 

to this proposed action to redesignate 

the West Virginia portion of the Area 

only with respect to the base year 

inventory that was submitted with the 

attainment plan. In a separate 

rulemaking action, as detailed below, 

EPA has proposed approval of the base 

year inventory, which, upon final 

approval, will meet the requirements of 

CAA section 172(c)(3), one of the 

criteria for redesignation. See 77 FR 

60087 (October 2, 2012). 

The General Preamble for 

Implementation of Title I also discusses 

the evaluation of these requirements in 

the context of EPA’s consideration of a 

redesignation request. The General 

Preamble sets forth EPA’s view of 

applicable requirements for purposes of 

evaluating redesignation requests when 

an area is attaining the standard. See 

General Preamble for Implementation of 

Title I (57 FR 13498 (April 16, 1992)). 

Because attainment has been reached 

for the Area, no additional measures are 

needed to provide for attainment, and 

CAA section 172(c)(1) requirements for 

an attainment demonstration and RACM 

are no longer considered to be 

applicable for purposes of redesignation 

as long as the area continues to attain 

the standard until redesignation. See 

also 40 CFR 51.1004(c). The RFP 

requirement under CAA section 

172(c)(2) and contingency measures 

requirement under CAA section 

172(c)(9) are similarly not relevant for 

purposes of redesignation. 

Section 172(c)(3) of the CAA requires 

submission of a comprehensive, 

accurate, and current inventory of actual 

emissions. As part of West Virginia’s 

attainment plan submittal, the State 

submitted a 2002 emissions inventory. 

On November 20, 2009 (74 FR 60199), 

EPA determined that the ParkersburgMarietta Area was attaining the 1997 

annual PM2.5 NAAQS, based on 

complete, quality-assured data for the 

period of 2007–2009. That rulemaking 

action suspended certain planning 

requirements related to attainment, 

including the RACT/RACM requirement 

of section 172(c)(1), the RFP 

requirement of CAA section 172(c)(2), 

the attainment demonstration 

requirement of CAA section 172(c)(3), 

and the requirement for contingency 

measures in CAA section 172(c)(9). As 

a result of the determination of 

attainment, the only remaining 

requirement under CAA section 172 to 

be considered for purposes of 

redesignation of the West Virginia 

portion of the Area is the emissions 

inventory required under CAA section 

172(c)(3). On October 2, 2012 (77 FR 

60087), EPA proposed approval of the 

base year inventory for the West 

Virginia portion of the Area for the 1997 

annual PM2.5 NAAQS. An evaluation of 

West Virginia’s 2002 base year 

inventory for the West Virginia portion 

of the Area is provided in the Technical 

Support Document (TSD) prepared by 

EPA for that rulemaking action. See 

Docket ID No. EPA–R03–OAR–2010– 

0077. In that action, EPA determined 

that the emissions inventory and 

emissions statement requirements for 

the West Virginia portion of the Area 

have been satisfied, and proposed to 

approve the inventory as meeting the 

requirements of CAA section 172(c)(3). 

Final approval of the emissions 

inventory in that separate rulemaking 

action will satisfy the emissions 

inventory requirement for redesignation 

under CAA section 172(c)(3). 

Section 172(c)(4) of the CAA requires 

the identification and quantification of 

allowable emissions for major new and 

modified stationary sources in an area, 

and CAA section 172(c)(5) requires 

source permits for the construction and 

operation of new and modified major 

stationary sources anywhere in the 

nonattainment area. EPA has 

determined that, since prevention of 

significant deterioration (PSD) 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a nonattainment new source review 

(NSR) program be approved prior to 

redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without part D NSR. A more 

detailed rationale for this view is 

described in a memorandum from Mary 

Nichols, Assistant Administrator for Air 

and Radiation, dated October 14, 1994, 

entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ 

Nevertheless, West Virginia currently 

has an approved NSR program, codified 

in 45 CSR 19. See 71 FR 64468 

(November 2, 2006) (approving NSR 

program into the SIP). See also 77 FR 

63736 (October 17, 2012) (approving 

revisions to West Virginia’s PSD 

program). However, the State’s PSD 

program for annual PM2.5 will become 

effective in the Parkersburg-Marietta 

Area upon redesignation to attainment. 

Section 172(c)(6) of the CAA requires 

the SIP to contain control measures 

necessary to provide for attainment of 

the standard. Because attainment has 

been reached, no additional measures 

are needed to provide for attainment. 

Section 172(c)(7) of the CAA requires 

the SIP to meet the applicable 

provisions of CAA section 110(a)(2). As 

noted previously, EPA believes the West 

Virginia SIP meets the requirements of 

CAA section 110(a)(2) applicable for 

purposes of redesignation. 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that Federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs, and 

projects that are developed, funded or 

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approved under title 23 of the United 

States Code (U.S.C.) and the Federal 

Transit Act (transportation conformity) 

as well as to all other Federally 

supported or funded projects (general 

conformity). State transportation 

conformity SIP revisions must be 

consistent with Federal conformity 

regulations relating to consultation, 

enforcement and enforceability which 

EPA promulgated pursuant to its 

authority under the CAA. 

EPA interprets the conformity SIP 

requirements as not applying for 

purposes of evaluating a redesignation 

request under CAA section 107(d) 

because state conformity rules are still 

required after redesignation, and 

Federal conformity rules apply where 

state rules have not been approved. See 

Wall v. EPA, 265 F. 3d 426 (6th Cir. 

2001) (upholding this interpretation); 

see also 60 FR 62748 (Dec. 7, 1995) 

(discussing Tampa, Florida). Thus, EPA 

determines that the West Virginia 

portion of the Area has satisfied all 

applicable requirements for purposes of 

redesignation under CAA section 110, 

and, upon final approval of the 2002 

base year inventory proposed on 

October 2, 2012, will have satisfied all 

applicable requirements under part D of 

title I of the CAA. 

c. The West Virginia Portion of the Area 

Has a Fully Approved Applicable SIP 

Under Section 110(k) of the CAA 

Upon final approval of the 2002 base 

year inventory, as proposed in the 

October 2, 2012 rulemaking action, EPA 

will have fully approved the West 

Virginia portion of the Area under 

section 110(k) of the CAA for all 

requirements applicable for purposes of 

redesignation to attainment for the 1997 

annual PM2.5 standard. Therefore, upon 

final approval of the 2002 base year 

emissions inventory, EPA will have 

approved all part D title 1 requirements 

applicable for purposes of this 

redesignation for the West Virginia 

portion of the Area. 

3. The Air Quality Improvement in the 

West Virginia portion of the Area is Due 

to Permanent and Enforceable 

Reductions in Emissions Resulting From 

Implementation of the SIP and 

Applicable Federal Air Pollution 

Control Regulations and Other 

Permanent and Enforceable Reductions 

For redesignating a nonattainment 

area to attainment, CAA section 

107(d)(3)(E)(iii) requires EPA to 

determine that the air quality 

improvement in the area is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the SIP and 

applicable Federal air pollution control 

regulations and other permanent and 

enforceable reductions. EPA believes 

that West Virginia has demonstrated 

that the observed air quality 

improvement in the West Virginia 

portion of the Area is due to permanent 

and enforceable reductions in emissions 

resulting from implementation of the 

SIP, Federal measures, and other stateadopted measures. In making this 

demonstration, West Virginia has 

calculated the change in emissions 

between 2005, one of the years used to 

designate the Area as nonattainment, 

and 2008, one of the years for which the 

Area monitored attainment, shown in 

Table 2. 

TABLE 2—COMPARISON OF THE 2005 BASE YEAR AND 2008 ATTAINMENT YEAR FOR THE PARKERSBURG-MARIETTA AREA, 

IN TONS PER YEAR (TPY) 

2005 2008 Decrease 

SO2 .................. Electric Generating Units (EGUs) .................................................................. 193,253 149,152 44,101 

Non-EGUs ...................................................................................................... 16,056 9,724 6,332 

Area Sources ................................................................................................. 748 544 204 

Locomotive & Marine ..................................................................................... 112 75 37 

Onroad ........................................................................................................... 59 19 40 

Nonroad .......................................................................................................... 73 21 52 

NOX ................. EGUs .............................................................................................................. 28,455 25,420 3,035 

Non-EGU ........................................................................................................ 3,332 2,958 374 

Area Sources ................................................................................................. 911 587 324 

Locomotive & Marine ..................................................................................... 1,926 1,307 619 

Onroad ........................................................................................................... 5,201 4,412 789 

Nonroad .......................................................................................................... 841 727 114 

PM2.5 ............... EGUs .............................................................................................................. 1,745 1,680 65 

Non-EGU ........................................................................................................ 848 804 44 

Area Sources ................................................................................................. 1101 944 157 

Locomotive & Marine ..................................................................................... 64 39 25 

Onroad ........................................................................................................... 173 143 30 

Nonroad .......................................................................................................... 75 66 9 

The reduction in emissions and the 

corresponding improvement in air 

quality over this time period can be 

attributed to a number of Federal and 

other measures that the ParkersburgMarietta Area and contributing areas 

have implemented in recent years. 

a. Federal Measures Implemented 

Reductions in PM2.5 precursor 

emissions have occurred statewide and 

in upwind states as a result of Federal 

emission control measures with 

additional emission reductions expected 

to occur in the future. Federal emission 

control measures include the following: 

(1) Tier 2 Emission Standards for 

Vehicles and Gasoline Sulfur Standards 

These emission control requirements 

result in lower NOX and SO2 emissions 

from new cars and light duty trucks, 

including sport-utility vehicles. The 

Federal rules were phased in between 

2004 and 2009. EPA has estimated that, 

after phasing in the new requirements, 

new vehicles emit less NOX in the 

following percentages: Passenger cars 

and light duty vehicles—77 percent; 

light duty trucks, minivans, and sports 

utility vehicles—86 percent; and larger 

sports utility vehicles, vans, and heavier 

trucks—69 to 95 percent. EPA expects 

fleet wide average emissions to decline 

by similar percentages as new vehicles 

replace older vehicles. The Tier 2 

standards also reduced the sulfur 

content of gasoline to 30 parts per 

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3Formerly the Clean Air Markets Program 

(CAMD) database. 

million (ppm) beginning in January 

2006, which reflects up to a 90 percent 

reduction in sulfur content. 

(2) Heavy-Duty Diesel Engine Rule 

EPA issued this rule in July 2000. 

This rule includes standards limiting 

the sulfur content of diesel fuel, which 

went into effect in 2004. A second phase 

took effect in 2007 which reduced PM2.5

emissions from heavy-duty highway 

engines and further reduced the 

highway diesel fuel sulfur content to 15 

ppm. The total program is estimated to 

achieve a 90 percent reduction in direct 

PM2.5 emissions and a 95 percent 

reduction in NOX emissions for these 

new engines using low sulfur diesel, 

compared to existing engines using 

higher sulfur diesel fuel. The reduction 

in fuel sulfur content also yielded an 

immediate reduction in sulfate particle 

emissions from all diesel vehicles. 

(3) Nonroad Diesel Rule 

In May 2004, EPA promulgated a new 

rule for large nonroad diesel engines, 

such as those used in construction, 

agriculture, and mining, to be phased in 

between 2008 and 2014. The rule also 

reduces the sulfur content in nonroad 

diesel fuel by over 99 percent. Prior to 

2006, nonroad diesel fuel averaged 

approximately 3,400 ppm sulfur. This 

rule limited nonroad diesel sulfur 

content to 500 ppm by 2006, with a 

further reduction to 15 ppm by 2010. 

b. Controls on PM2.5 Precursors 

The Parkersburg-Marietta Area’s air 

quality is strongly affected by regulation 

of SO2 and NOX from power plants. EPA 

promulgated the NOX SIP Call, CAIR, 

and CSAPR to address SO2 and NOX

emissions from electric generating units 

(EGUs) and certain non-EGUs across the 

eastern United States. The affected 

EGUs in the West Virginia portion of the 

Area are the Pleasants Power Station, 

Willow Island Power Station, and 

Pleasants Energy. Additionally, because 

PM2.5 concentrations in the Area are 

impacted by the transport of sulfates 

and nitrates, the Area’s air quality is 

affected by SO2 and NOX emissions 

from power plants in states in the region 

that significantly contribute to the Area. 

EPA reviewed SO2 and NOX emissions 

from EGUs in states that contribute to 

the Area, which show that states 

impacting the Area reduced SO2 and 

NOX emissions from EGUs by 1,426,166 

tpy and 619,601 tpy, respectively, 

between 2002 and 2008, continuing the 

generally downward trend of SO2 and 

NOX emissions from these states. 

Information on the reductions made by 

states that contribute to the Area is 

available at the Air Markets Program 

Data (AMPD) 3 database at http:// 

ampd.epa.gov/ampd/. 

(1) NOX SIP Call 

EPA issued the NOX SIP Call in 1998 

pursuant to the CAA to require 22 states 

and the District of Columbia to reduce 

NOX emissions from large EGUs and 

large non-EGUs such as industrial 

boilers, internal combustion engines, 

and cement kilns. (63 FR 57356, October 

27, 1998). EPA approved West Virginia’s 

Phase I NOX SIP Call rule in 2002 and 

Phase II in 2006. Emission reductions 

resulting from regulations developed in 

response to the NOX SIP Call are 

permanent and enforceable. 

(2) CAIR and CSAPR 

EPA approved West Virginia’s CAIR 

rules in 2009 (74 FR 38536, August 4, 

2009). The maintenance plan for the 

West Virginia portion of the Area thus 

lists CAIR as a control measure for the 

purpose of reducing SO2 and NOX

emissions from EGUs. 

As previously discussed, the D.C. 

Circuit’s 2008 remand of CAIR left the 

rule in place to ‘‘temporarily preserve 

the environmental values covered by 

CAIR’’ until EPA replaced it with a rule 

consistent with the court’s opinion, and 

the court’s August 2012 decision on the 

Transport Rule also left CAIR in effect 

until the legal challenges to the 

Transport Rule are resolved. As noted, 

EPA believes it is appropriate to allow 

states to rely on CAIR, and the existing 

emissions reductions achieved by CAIR, 

as sufficiently permanent and 

enforceable pending a valid replacement 

rule, for purposes such as redesignation. 

Furthermore, as previously discussed, 

the air quality modeling analysis 

conducted for the Transport Rule 

demonstrates that the ParkersburgMarietta 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 all 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 ParkersburgMarietta Area are ‘‘receptors’’ that EPA 

projects will have future nonattainment 

problems or difficulty maintaining the 

NAAQS. EPA finds West Virginia 

appropriately included CAIR as a 

control measure. 

(3) Controls on PM2.5 Precursors From 

EGUs in the Area 

First Energy’s Pleasants Power 

Station, located in the Grant tax district 

of Pleasants County has installed 

additional controls which will continue 

to contribute to the reductions in 

precursor pollutants for PM2.5. Pleasants 

Power Station has been equipped with 

selective catalytic reduction (SCR) since 

2003, and in 2007 eliminated the 15 

percent flue gas bypass to increase the 

efficiency of the scrubber. It is also 

covered by a State consent order that 

requires the operation of the SCR 

whenever the units are in operation, 

except for periods of required SCR 

maintenance, beginning January 1, 2009. 

The consent order is included as part of 

West Virginia’s March 5, 2012 

submittal, available in the docket for 

this rulemaking action at 

www.regulations.gov, and will become 

federally enforceable upon 

redesignation of this Area. In the Ohio 

portion of the Area, the Muskingum 

River Station in Washington County, 

Ohio, has implemented, as part of a 

federally enforceable consent decree, 

continuous operation of NOX controls 

on unit #5 and is required to retire, 

repower, or retrofit all remaining units 

by 2015. Also, the R.H. Gorsuch Station 

in Washington County permanently 

shut down at the end of 2010. Table 3 

shows the reductions from EGUs in the 

Area between 2005 and 2008. 

TABLE 3—SUMMARY OF REDUCTIONS FROM EGUS IN THE PARKERSBURG-MARIETTA AREA, IN TPY

2005 2008 Reductions 

West Virginia ................................................................................... SO2 .............. 52,296 15,804 36,492 

NOX .............. 16,137 8,251 4,067 

PM2.5 ............ 1,360 1,287 73 

Ohio ................................................................................................. SO2 .............. 140,957 133,348 7609 

NOX .............. 16,137 17,169 ¥1032 

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TABLE 3—SUMMARY OF REDUCTIONS FROM EGUS IN THE PARKERSBURG-MARIETTA AREA, IN TPY—Continued 

2005 2008 Reductions 

PM2.5 ............ 385 393 ¥8 

Based on the information summarized 

above, West Virginia has adequately 

demonstrated that the improvement in 

air quality is due to permanent and 

enforceable emissions reductions. The 

reductions result from Federal 

requirements, a Federally enforceable 

consent decree, regulation of precursors 

under the NOX SIP Call and CAIR, and 

a State consent order affecting EGUs in 

the Area. These reductions are all 

expected to continue into the future. 

4. The West Virginia Portion of the Area 

Has a Fully Approvable Maintenance 

Plan Pursuant to Section 175A of the 

CAA 

In conjunction with its request to 

redesignate the West Virginia portion of 

the Area to attainment status, West 

Virginia submitted a SIP revision to 

provide for maintenance of the 1997 

annual PM2.5 NAAQS in the Area for at 

least 10 years after redesignation. West 

Virginia is requesting that EPA approve 

this SIP revision as meeting the 

requirement of CAA section 175A. Once 

approved, the maintenance plan for the 

West Virginia portion of the Area will 

ensure that the SIP for West Virginia 

meets the requirements of the CAA 

regarding maintenance of the 1997 

annual PM2.5 NAAQS for this Area. 

a. Requirements of a Maintenance Plan 

Section 175 of the CAA sets forth the 

elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. Under 

CAA section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least 10 

years after approval of a redesignation of 

an area to attainment. Eight years after 

the redesignation, West Virginia must 

submit a revised maintenance plan 

demonstrating that attainment will 

continue to be maintained for the 10 

years following the initial 10-year 

period. To address the possibility of 

future NAAQS violations, the 

maintenance plan must contain such 

contingency measures, with a schedule 

for implementation, as EPA deems 

necessary to assure prompt correction of 

any future PM2.5 violations. The 

Calcagni Memorandum dated 

September 4, 1992 provides additional 

guidance on the content of a 

maintenance plan. The Calcagni 

Memorandum states that a PM2.5

maintenance plan should address the 

following provisions: 

(1) An attainment emissions 

inventory; 

(2) a maintenance demonstration 

showing maintenance for 10 years; 

(3) a commitment to maintain the 

existing monitoring network; 

(4) verification of continued 

attainment; and 

(5) a contingency plan to prevent or 

correct future violations of the NAAQS. 

b. Analysis of the Maintenance Plan 

(1) Attainment Emissions Inventory 

An attainment inventory is comprised 

of the emissions during the time period 

associated with the monitoring data 

showing attainment. WVDEP 

determined that the appropriate 

attainment inventory year is 2008, one 

of the years in the period during which 

the Parkersburg-Marietta Area 

monitored attainment of the 1997 

annual PM2.5 NAAQS, as described 

previously. The 2008 inventory contains 

primary PM2.5 emissions (including 

condensables), SO2, and NOX, but did 

not include volatile organic compounds 

(VOC) or ammonia (NH3), which were 

insignificant. The 2008 point source 

inventory contained emissions for EGUs 

and non-EGU sources in Wood County 

and the Grant tax district of Pleasants 

County, and included Pleasants, Willow 

Island, and Pleasants Energy power 

plants and the Cabot Black Carbon 

(Cabot) and Cytec Industries (Cytec) 

non-EGU plants. West Virginia used its 

2008 annual emissions inventory 

submitted to EPA’s National Emissions 

Inventory (NEI) database and EPA’s 

AMPD database to compile the 2008 

point source inventory. For the 2008 

nonpoint emissions, WVDEP used 2008 

NEI version 1.5 data developed by EPA, 

and for 2008 nonroad mobile sources, 

WVDEP used the NONROAD model to 

generate emissions. The 2008 onroad 

mobile source inventory was developed 

using the current version of Motor 

Vehicle Emissions Simulator (MOVES), 

i.e., MOVES2010a. The Ohio 

Department of Transportation (ODOT) 

and the Wood-Washington-Wirt 

Interstate Planning Commission (WWW) 

performed the analysis, in coordination 

with the Ohio Environmental Protection 

Agency (OEPA) and WVDEP. The 

analysis included additional data 

provided by WVDEP and the West 

Virginia Department of Transportation 

(WVDOT). EPA reviewed the submitted 

emissions inventory and found them to 

be approvable. 

(2) Maintenance Demonstration 

For a demonstration of maintenance, 

emissions inventories are required to be 

projected to future dates to assess the 

influence of future growth and controls; 

however, the demonstration need not be 

based on modeling. See Wall v. EPA, 

supra; Sierra Club v. EPA, supra. See 

also 66 FR at 53099–53100; 68 FR at 

25430–32. On March 5, 2012, the 

WVDEP submitted a maintenance plan 

for the West Virginia portion of the Area 

as required by section 175A of the CAA. 

WVDEP uses projection inventories to 

show that the Area will remain in 

attainment and developed projection 

inventories for an interim year of 2015 

and a maintenance plan end year of 

2022 to show that future emissions of 

NOX, SO2, and direct PM2.5 remain at or 

below the attainment year 2008 

emissions levels throughout the West 

Virginia portion of the Area through at 

least the year 2022. 

(a) 2015 and 2022 Projection Emission 

Inventories 

For EGU emissions projections, 

WVDEP used EPA’s Integrated Planning 

Model (IPM) projections that supported 

CSAPR. 2015 data was taken from these 

IPM runs, and 2022 projections were 

developed by interpolating between the 

IPM runs from 2020 and 2030. The 

EGUs considered included Pleasants, 

Willow Island, and Pleasants Energy 

Power Stations located in the tax district 

in Pleasants County. Non-EGU point 

sources (including Cytec, but not Cabot, 

which was shut down in 2008), area 

sources, and locomotive/marine source 

inventories for 2015 and 2022 were 

projected by applying, to the 2008 

inventory, the growth factors developed 

from economic forecasts by Workforce 

West Virginia. Nonroad source 

emissions for 2015 and 2022 were 

developed using annualized NONROAD 

model. Onroad mobile emission 

projections for 2015 and 2022 were 

calculated by ODOT using 

MOVES2010a. 

EPA has determined that the 

methodologies for projecting emissions 

inventories provided by WVDEP are 

acceptable. More detail on EPA’s 

analysis of the methodologies used by 

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73568 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 

West Virginia for projection inventories 

may be found in the TSD related to 

emissions inventories available in the 

docket for this rulemaking action. 

Tables 4 and 5 show the inventories for 

the 2008 attainment base year, the 2015 

interim year, and the 2022 maintenance 

plan end year for the West Virginia 

portion of the Area and the entire 

nonattainment area, respectively. These 

tables show that projected inventories 

remain below the 2008 attainment year 

inventory. Table 5 shows that between 

2008 and 2022, the Area is projected to 

reduce SO2 emissions by 111,095 tpy, 

NOX emissions by 22,426 tpy, and direct 

PM2.5 emissions by 130 tpy. Thus the 

projected emissions inventories show 

that the Area will continue to maintain 

the annual PM2.5 standard during the 

maintenance period. 

TABLE 4—COMPARISON OF 2008, 2015, 2022 SO2, NOX, AND DIRECT PM2.5 EMISSION TOTALS, IN TPY FOR THE WEST

VIRGINIA PORTION OF THE AREA

SO2 (tpy) NOX (tpy) PM2.5 (tpy) 

2008 ........................................................................................................................... 20,749 13,046 2,483 

2015 ........................................................................................................................... 9,668 7,069 2,450 

2022 ........................................................................................................................... 11,088 6,568 2,375 

Decrease from 2008 to 2022 ..................................................................................... 9,660 6,478 107 

TABLE 5—COMPARISON OF 2008, 2015, 2022 SO2, NOX, AND DIRECT PM2.5 EMISSION TOTALS, IN TONS PER YEAR

(TPY) FOR THE ENTIRE PARKERSBURG-MARIETTA NONATTAINMENT AREA WV–OH 

SO2 (tpy) NOX (tpy) PM2.5 (tpy) 

2008 ........................................................................................................................... 159,535 35,412 3,686 

2015 ........................................................................................................................... 77,294 18,509 3,648 

2022 ........................................................................................................................... 48,439 12,985 3,557 

Decrease from 2008 to 2022 ..................................................................................... 111,095 22,426 130 

(b) Maintenance Demonstration 

Through 2023 

As noted in section 4.a of this notice, 

CAA section 175A requires a state 

seeking redesignation to attainment to 

submit a SIP revision to provide for the 

maintenance of the NAAQS in the area 

‘‘for at least 10 years after the 

redesignation.’’ EPA has interpreted this 

as a showing of maintenance ‘‘for a 

period of ten years following 

redesignation.’’ Calcagni Memorandum 

at p. 9. Where the emissions inventory 

method of showing maintenance is 

used, its purpose is to show that 

emissions during the maintenance 

period will not increase over the 

attainment year inventory. Calcagni 

Memorandum at pp. 9–10. 

As discussed in detail above, the 

State’s maintenance plan submission 

expressly documents that the Area’s 

emissions inventories will remain below 

the attainment year inventories through 

at least 2022. In addition, for the reasons 

set forth below, EPA believes that the 

State’s submission, in conjunction with 

additional supporting information, 

further demonstrates that the Area will 

continue to maintain the 1997 annual 

PM2.5 NAAQS at least through 2023: 

• Significant emissions controls 

remain in place and will continue to 

provide reductions that keep the Area in 

attainment. First Energy’s Pleasants 

Power Station, located in Pleasants 

County, is covered by a State consent 

decree that requires the operation of 

SCR controls on the EGU, beginning 

January 1, 2009. 

• West Virginia has committed to 

maintaining all of the control measures 

upon which it relies in its March 5, 

2012 submittal and will submit any 

changes to EPA for approval as a SIP 

revision. 

• Emissions inventory levels for SO2

and NOX in 2022 are well below the 

attainment year inventory levels (see 

Table 4), and EPA believes that it is 

highly improbable that sudden increases 

would occur that could exceed the 

attainment year inventory levels in 

2023. 

• The mobile source contribution has 

been determined to be insignificant, and 

is expected to remain insignificant in 

2023 with fleet turnover in upcoming 

years that will result in cleaner vehicles 

and cleaner fuels. Further, the 

transportation conformity analysis of 

historical trends and growth patterns 

indicates that this determination should 

not change, out to 2030. 

• Air quality concentrations, which 

are well below the standard, coupled 

with the emissions inventory 

projections through 2022, demonstrate 

that it would be very unlikely for a 

violation to occur in 2023. The 2009– 

2011 design value of 12.3 mg/m3

provides a sufficient margin in the event 

any emissions increase. In addition, the 

2009–2011 design value shows the 

continued downward trend of 

monitored data in this Area for the last 

several years. 

Thus, even if EPA finalizes its 

proposed approval of the redesignation 

request and maintenance plans in 2013, 

EPA’s approval is based on a showing, 

in accordance with CAA section 175A, 

that the State’s maintenance plan 

provides for maintenance for at least ten 

years after redesignation. 

(3) Monitoring Network 

EPA has determined that West 

Virginia’s maintenance plan includes a 

commitment to continue to operate its 

EPA-approved monitoring network, as 

necessary to demonstrate ongoing 

compliance with the NAAQS. West 

Virginia currently operates a PM2.5

monitor in Wood County. In its March 

5, 2012 submittal, West Virginia states 

that it will consult with EPA prior to 

making any necessary changes to the 

network and will continue to quality 

assure the monitoring data in 

accordance with the requirements of 40 

CFR part 58. 

(4) Verification of Continued 

Attainment 

To provide for tracking of the 

emission levels in the Area, WVDEP 

requires major point sources to submit 

air emissions information annually and 

prepares a new periodic inventory for 

all PM2.5 precursors every three years in 

accordance with EPA’s Air Emissions 

Reporting Requirements (AERR). 

WVDEP will continue to compare 

emissions information to the attainment 

year inventory to assure continued 

attainment with the 1997 annual PM2.5

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NAAQS and that WVDEP will use this 

information to assess emissions trends, 

as necessary. 

(5) The Maintenance Plan’s Contingency 

Measures 

The contingency plan provisions for 

the maintenance plan are designed to 

promptly correct a violation of the 

NAAQS that occurs after redesignation. 

Section 175A of the CAA requires that 

a maintenance plan include such 

contingency measures as EPA deems 

necessary to ensure that a state will 

promptly correct a violation of the 

NAAQS that occurs after redesignation. 

The maintenance plan should identify 

the events that would ‘‘trigger’’ the 

adoption and implementation of a 

contingency measure(s), the 

contingency measure(s) that would be 

adopted and implemented, and the 

schedule indicating the time frame by 

which the state would adopt and 

implement the measure(s). 

The ability of the West Virginia 

portion of the Area to stay in 

compliance with the PM2.5 standard 

after redesignation depends upon NOX

and SO2 emissions in the ParkersburgMarietta Area remaining at or below 

2008 levels. West Virginia’s 

maintenance plan projects NOX and SO2

emissions to decrease and stay below 

2008 levels through at least the year 

2022. West Virginia’s maintenance plan 

outlines the procedures for the adoption 

and implementation of contingency 

measures to further reduce emissions 

should a violation occur. 

West Virginia’s contingency measures 

include a Warning Level Response and 

an Action Level response. An initial 

Warning Level Response is triggered 

when the average weighted annual 

mean for a single calendar year exceeds 

15.5 mg/m3 within the maintenance area. 

In that case, a study will be conducted 

to determine if the emissions trends 

show increases; if action is necessary to 

reverse emissions increases, West 

Virginia will follow the same 

procedures for control selection and 

implementaiton as for an Action Level 

Response. Implementation of necessary 

controls will take place as expeditiously 

as possible, but no later than 12 months 

from the end of the most recent calendar 

year. 

The Action Level Response will be 

prompted by any one of the following: 

A Warning Level Response study that 

shows emissions increases, a weighted 

annual mean over a two-year average 

that exceeds the standard, or a violation 

of the standard in the maintenance area. 

If an Action Level Response is triggered, 

West Virginia will adopt and implement 

appropriate control measures within 18 

months from the end of the year in 

which monitored air quality triggering a 

response occurs. West Virginia will also 

consider whether additional regulations 

that are not a part of the maintenance 

plan can be implemented in a timely 

manner to respond to the trigger. 

West Virginia’s candidate contingency 

measures include the following: (1) 

Diesel reduction emission strategies, (2) 

alternative fuels and diesel retrofit 

programs for fleet vehicle operations, (3) 

PM2.5, SO2, and NOX emissions offsets 

for new and modified major sources, (4) 

concrete manufacturing controls, and (5) 

additional NOX reductions. 

Additionally, West Virginia has 

identified a list of sources that could 

potentially be controlled. These include: 

Industrial, commercial and institutional 

(ICI) boilers for SO2 and NOX controls, 

EGUs, process heaters, internal 

combustion engines, combustion 

turbines, other sources greater than 100 

tons per year, fleet vehicles, and 

aggregate processing plants. EPA finds 

that the West Virginia maintenance plan 

for the Parkersburg-Marietta Area 

includes appropriate contingency 

measures as necessary to ensure that 

West Virginia will promptly correct any 

violation of the NAAQS that occur after 

redesignation. 

For all of the reasons discussed above, 

EPA is proposing to approve West 

Virginia’s 1997 annual PM2.5 NAAQS 

maintenance plan for the West Virginia 

portion of the Area as meeting the 

requirements of CAA section 175A. 

VII. Analysis of West Virginia’s 

Transportation Conformity 

Insignificance Determination for the 

Parkersburg-Marietta Area 

Under section 176(c) of the CAA, new 

transportation projects, such as the 

construction of new highways, must 

‘‘conform’’ to (i.e., be consistent with) 

the part of the state’s air quality plan 

that addresses pollution from mobile 

sources. ‘‘Conformity’’ to the SIP means 

that transportation activities will not 

cause new air quality violations, worsen 

existing violations, or delay timely 

attainment of a NAAQS or an interim 

milestone. This is typically determined 

by showing that estimated emissions 

from existing and planned highway and 

transit systems are less than or equal to 

the motor vehicle emissions budgets 

(MVEBs) contained in a SIP. If a 

transportation plan does not ‘‘conform,’’ 

most new projects that would expand 

the capacity of roadways cannot go 

forward. Regulations at 40 CFR part 93 

set forth EPA policy, criteria, and 

procedures for demonstrating and 

ensuring conformity of such 

transportation activities to a SIP. 

When reviewing submitted ‘‘control 

strategy’’ SIPs or maintenance plans 

containing MVEBs, EPA must 

affirmatively find the MVEBs contained 

therein ‘‘adequate’’ for use in 

determining transportation conformity. 

The process for determining adequacy is 

set forth in the guidance 

‘‘Transportation Conformity Rule 

Amendments for the New 8-hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards and Miscellaneous Revisions 

for Existing Areas; Transportation 

Conformity Rule Amendments; 

Response to Court Decision and 

Additional Rule Changes.’’ 69 FR 40004 

(July 1, 2004). After EPA affirmatively 

finds the submitted MVEBs are adequate 

for transportation conformity purposes, 

in accordance with the guidance, the 

MVEBs can be used by state and Federal 

agencies in determining whether 

proposed transportation projects 

‘‘conform’’ to the SIP as required by 

section 176(c) of the CAA. 

For budgets to be approvable, they 

must meet, at a minimum, EPA’s 

adequacy criteria in 40 CFR 

93.118(e)(4). However, the 

transportation conformity rule at 40 CFR 

93.109(f) allows areas to forego 

establishment of MVEBs where it is 

demonstrated that the regional motor 

vehicle emissions for a particular 

pollutant or precursor are an 

insignificant contributor to the air 

quality problem in an area. EPA’s 

rationale for providing for insignificance 

determinations may be found in the July 

1, 2004 revision to the Transportation 

Conformity Rule. The general criteria for 

insignificance determinations, per 40 

CFR 93.109(f), are based on a number of 

factors, including the percentage of 

motor vehicle emissions in the context 

of the total SIP inventory; the current 

state of air quality as determined by 

monitoring data for the relevant 

NAAQS; the absence of SIP motor 

vehicle control measures; and the 

historical trends and future projections 

of the growth of motor vehicle 

emissions in the area. 

In West Virginia’s March 5, 2012 

submittal, the State provided 

information that projects that onroad 

mobile source NOX emissions constitute 

12 percent or less of the Area’s total 

NOX emissions in 2015 and 2022 due to 

continuing fleet turnover and that 

onroad mobile source PM2.5 emissions 

constitute less than 2.1 percent of the 

Area’s total PM2.5 emissions. Both 

projections took into consideration 

future vehicle miles traveled (VMT) 

growth. In addition, neither EPA nor the 

State has made any findings that VOCs, 

SO2, or NH3 are significant contributors 

to PM2.5 mobile emissions. While the 

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level of NOX is higher than the 10 

percent benchmark, WVDEP has 

provided additional information that 

supports its insignificance 

determination for NOX. For more detail 

on EPA’s analysis of West Virginia’s 

insignificance determination, see the 

Transportation Conformity TSD in the 

docket for today’s rulemaking. 

Therefore, the March 5, 2012 submittal 

meets the criteria in the relevant 

portions of 40 CFR 93.102 and 93.118 

for an insignificance finding, and EPA 

agrees with the determination of 

insignificance for both NOX and PM2.5

for the West Virginia portion of the 

Area. As previously discussed, EPA 

initiated a comment period on 

November 5, 2012 on the proposed 

insignificance determination for the 

West Virginia portion of the Area on the 

OTAQ Web site to allow for a 30-day 

review of this proposed insignificance 

determination in conjunction with this 

proposed rulemaking. EPA is proposing 

to find that West Virginia’s 

insignificance determination for 

transportation conformity is adequate. 

For more information on EPA’s 

insignificance findings, see the TSD 

dated August 3, 2012, available in the 

docket for this rulemaking at 

www.regulations.gov. 

VIII. Proposed Actions 

EPA is proposing to approve the 

redesignation of the West Virginia 

portion of the Area from nonattainment 

to attainment for the 1997 annual PM2.5

NAAQS. EPA has evaluated West 

Virginia’s redesignation request and 

determined that upon approval of the 

base year emissions inventory in the 

separate rulemaking action noted 

previously, it would meet the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA. EPA believes 

that the monitoring data demonstrate 

that the Parkersburg-Marietta Area 

attains the 1997 annual PM2.5 NAAQS 

and will continue to attain the standard. 

Final approval of this redesignation 

request would change the designation of 

the West Virginia portion of the Area 

from nonattainment to attainment for 

the 1997 annual PM2.5 NAAQS. EPA is 

also proposing to approve the associated 

maintenance plan for the West Virginia 

portion of the Area, submitted on March 

5, 2012, as a revision to the West 

Virginia SIP because it meets the 

requirements of CAA section 175A as 

described previously in this notice. EPA 

is also proposing to approve the 

insignificance determination for on-road 

motor vehicle contribution of PM2.5, 

NOX, and SO2 submitted by WVDEP for 

the West Virginia portion of the Area in 

conjunction with its redesignation 

request. As noted previously, the 30-day 

public comment period for the proposed 

insignificance determination started on 

November 5, 2012 and will end on 

December 5, 2012. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

IX. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 

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 proposing 

approval of West Virginia’s 

redesignation request, maintenance 

plan, and transportation conformity 

insignificance determination for the 

Parkersburg-Marietta Area for the 1997 

annual PM2.5 NAAQS 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. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen oxides, PM2.5, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness Areas. 

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

Dated: November 27, 2012. 

W. C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2012–29865 Filed 12–10–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2012–0840, FRL–9761–7] 

Approval and Promulgation of 

Implementation Plans; New Jersey and 

New York Ozone Attainment 

Demonstrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing action on the 

ozone attainment demonstration portion 

of comprehensive State Implementation 

Plan revisions submitted by New Jersey 

and New York to meet Clean Air Act 

requirements for attaining the 1997 8- 

hour ozone national ambient air quality 

standard. EPA is proposing to approve 

New Jersey’s and New York’s 

demonstration of attainment of the 1997 

8-hour ozone standard as they relate to 

their portions of three moderate 

nonattainment areas; the New YorkNorthern New Jersey-Long Island, NY– 

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