Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations 15019 

EPA-APPROVED MISSOURI REGULATIONS—Continued 

Missouri citation Title State effective 

date 

EPA approval 

date Explanation 

*******

10–5.385 .......... Control of Heavy Duty Diesel Vehicle Idling 

Emissions.

7/30/2012 3/18/2014 [insert FR page number where 

the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2014–05821 Filed 3–17–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2013–0498; FRL–9908–05– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Approval of Redesignation 

Requests of the West Virginia Portion 

of the Steubenville-Weirton, OH–WV 

Nonattainment Area for the 1997 

Annual and 2006 24-Hour Fine 

Particulate Matter Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State of 

West Virginia’s requests to redesignate 

to attainment the West Virginia portion 

of the Steubenville-Weirton, OH–WV 

nonattainment area (hereafter ‘‘the 

Steubenville-Weirton Area’’ or ‘‘the 

Area’’) for both the 1997 annual and the 

2006 24-hour fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS or standards). EPA 

is also approving as a revision to the 

West Virginia State Implementation 

Plan (SIP), the associated maintenance 

plans to show maintenance of the 1997 

annual and the 2006 24-hour PM2.5

NAAQS through 2025 for the West 

Virginia portion of the Area. West 

Virginia’s maintenance plans include 

insignificance findings for the mobile 

source contribution of PM2.5 and 

nitrogen oxides (NOX) emissions to the 

West Virginia portion of the Area for 

both the 1997 annual and 2006 24-hour 

PM2.5 standards, which EPA agrees with 

and is approving for transportation 

conformity purposes. In addition, EPA 

is approving the 2008 emissions 

inventory for the West Virginia portion 

of the Area for the 2006 24-hour PM2.5

NAAQS. EPA has taken a separate 

rulemaking action to approve the 

redesignation of the Ohio portion of the 

Steubenville-Weirton Area for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

These actions are being taken under the 

Clean Air Act (CAA). 

DATES: 

This final rule is effective on April 17, 

2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0498. 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: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 13, 2012 and June 8, 2012, 

the West Virginia Department of 

Environmental Protection (WVDEP) 

formally submitted two separate 

requests to redesignate the West 

Virginia portion of the SteubenvilleWeirton Area from nonattainment to 

attainment for the 1997 annual and the 

2006 24-hour PM2.5 NAAQS, 

respectively. Each submittal included a 

maintenance plan as a SIP revision to 

ensure continued attainment of the 

standards throughout the West Virginia 

portion of the Area over the next 10 

years. The June 8, 2012 submittal also 

includes a 2008 comprehensive 

emissions inventory for PM2.5, sulfur 

dioxide (SO2) and NOX for the 2006 24- 

hour PM2.5 NAAQS, which WVDEP 

supplemented on June 24, 2013 to 

include emissions of volatile organic 

compounds (VOC) and ammonia. The 

Steubenville-Weirton Area is comprised 

of Brooke County and Hancock County 

in West Virginia (the West Virginia 

portion of the Area), and Jefferson 

County in Ohio. 

On December 9, 2013 (78 FR 73769), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. In the NPR, EPA proposed 

approval of West Virginia’s 

redesignation requests for its portion of 

the Steubenville-Weirton Area for the 

1997 annual and 2006 24-hour PM2.5

NAAQS. EPA also proposed approval of 

the associated maintenance plans as SIP 

revisions for the 1997 annual and 2006 

24-hour PM2.5 standards, which 

included insignificance determinations 

for PM2.5 and NOx for both standards for 

purposes of transportation conformity. 

Also, EPA proposed approval of the 

2008 comprehensive emissions 

inventory for the 2006 24-hour PM2.5

standard to meet the requirement of 

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

proposed to find that the Area continues 

to attain both standards. 

In the NPR, EPA addressed the effects 

of two decisions of the United States 

Court of Appeals for the District of 

Columbia (DC Circuit or Court): The 

Court’s August 21, 2012 decision to 

vacate and remand to EPA the CrossState Air Pollution Control Rule 

(CSAPR); and the Court’s January 4, 

2013 decision to remand to EPA two 

final rules implementing the 1997 

annual PM2.5 standard. Specific details 

of West Virginia’s submittals 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. 

II. Final Action 

EPA is taking final actions on the 

redesignations requests and SIP 

revisions submitted by the State of West 

Virginia on April 13, 2012 and June 8, 

2012 for the 1997 annual and 2006 24- 

hour PM2.5 standards. First, EPA is 


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15020 Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations 

approving West Virginia’s redesignation 

requests for the 1997 annual and 2006 

24-hour PM2.5 standards, because EPA 

has determined that the requests meet 

the redesignation criteria set forth in 

section 107(d)(3)(E) of the CAA for these 

standards. Second, EPA is finding that 

the Steubenville-Weirton Area is 

attaining and will continue to attain 

both the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. Third, EPA is approving 

the associated maintenance plans for the 

West Virginia portion of the Area as 

revisions to the West Virginia SIP for 

the 1997 annual and 2006 24-hour PM2.5

standards because they meet the 

requirements of CAA section 175A. EPA 

is also approving for both standards 

West Virginia’s transportation 

conformity insignificant determinations 

for PM2.5 and NOX emissions for the 

Area. Finally, EPA is approving the 

2008 comprehensive emissions 

inventory for the 2006 24-hour PM2.5

standards NAAQS as a revision to the 

West Virginia SIP because it meets the 

requirements of section 172(c)(3) of the 

CAA. Approval of these redesignation 

requests will change the official 

designations of the West Virginia 

portion of the Steubenville-Weirton 

Area from nonattainment to attainment 

for the 1997 annual and the 2006 24- 

hour PM2.5 NAAQS, respectively. 

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 (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 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 May 19, 2014. 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 requests 

and maintenance plans for the West 

Virginia portion of the SteubenvilleWeirton Area for the 1997 annual and 

2006 24-hour PM2.5 NAAQS and the 

2008 comprehensive emissions 

inventory for the 2006 24-hour 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, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

40 CFR part 81 

Air pollution control, National parks, 

Wilderness areas. 

Dated: February 27, 2014. 

W.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 at the end of the table by: 

■ a. Adding an entry for the 1997 annual 

PM2.5 Maintenance Plan, West Virginia 

portion of the Steubenville-Weirton, 

OH–WV Area. 

■ b. Adding an entry for the 2006 24- 

hour PM2.5 Maintenance Plan, West 

Virginia portion of the SteubenvilleWeirton, OH–WV Area. 


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Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations 15021 

The additions 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 Steubenville-Weirton 

OH–WV Area.

Brooke County and Hancock 

County.

4/13/12 3/18/14 [Insert page number 

where the document begins].

2006 24-hour PM2.5 Maintenance 

Plan for Steubenville-Weirton 

OH–WV Area.

Brooke County and Hancock 

County.

6/8/12 3/18/14 [Insert page number 

where the document begins].

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for Part 81 

continues to read as follows: 

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

■ 2. Section 81.349 is amended by: 

■ a. Revising the PM2.5 (Annual 

NAAQS) table entry for the 

Steubenville-Weirton, OH–WV Area. 

■ b. Revising the PM2.5 (24-hour 

NAAQS) table entry for the 

Steubenville-Weirton, OH–WV Area. 

The amendments read as follows: 

§ 81.349 West Virginia 

* * * * * 

WEST VIRGINIA—PM2.5

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

*******

Steubenville-Weirton, OH–WV: 

Brooke County ............................................................................................................................................... 3/18/14 Attainment. 

Hancock County ............................................................................................................................................ 3/18/14 Attainment. 

* * * * * * * 

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

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

* * * * * 

WEST VIRGINIA—PM2.5

[24-hour NAAQS] 

Designated area 

Designation for the 1997 NAAQSa Designation for the 2006 

NAAQSb

Date 1 Type Date 2 Type 

*******

Steubenville-Weirton, OH–WV: 

Brooke County ............................................... 3/18/14 Unclassifiable/Attainment ...................... 3/18/14 Attainment. 

Hancock County ............................................. 3/18/14 Unclassifiable/Attainment ...................... 3/18/14 Attainment. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is 90 days after January 5, 2005, unless otherwise noted. 2 This date is 30 days after November 13, 2009, unless otherwise noted. 

* * * * * 

[FR Doc. 2014–05807 Filed 3–17–14; 8:45 am] 

BILLING CODE 6560–50–P 


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