Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations 56975 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

216 10–1–11 11–1–11 1.75 4.00 4.00 4.00 7 8 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 4. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 5. In appendix B to part 4044, a new 

entry for October–December 2011, as set 

forth below, is added to the table. 

Appendix B to Part 4044—Interest 

Rates Used to Value Benefits 

* * * * * 

For valuation dates occurring in the 

months — 

The values of it are: 

it for t = it for t = it for t = 

*******

October–December 2011 ......................... 0.0407 1–20 0.0428 >20 N/A N/A 

Issued in Washington, DC, on this 9th day 

of September 2011. 

Laricke Blanchard, 

Deputy Director for Policy, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 2011–23686 Filed 9–14–11; 8:45 am] 

BILLING CODE 7709–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0511; FRL–9462–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Revised Motor Vehicle 

Emission Budgets for the Charleston, 

Huntington, Parkersburg, Weirton, and 

Wheeling 8-Hour Ozone Maintenance 

Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

The revision amends the 8-hour ozone 

maintenance plans for the Charleston, 

Huntington, Parkersburg, Weirton, and 

Wheeling 8-hour ozone maintenance 

areas. This revision amends the 

maintenance plans’ 2009 and 2018 

motor vehicle emissions budgets 

(MVEBs) by reallocating a portion of the 

plans’ safety margins which results in 

an increase in the MVEBs. The revised 

plans continue to demonstrate 

maintenance of the 8-hour national 

ambient air quality standard (NAAQS) 

for ozone. EPA is approving this SIP 

revision to the West Virginia 

maintenance plans for the Charleston, 

Huntington, Parkersburg, Weirton, and 

Wheeling 8-hour ozone maintenance 

areas in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

November 14, 2011 without further 

notice, unless EPA receives adverse 

written comment by October 17, 2011. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0511 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0511, 

Cristina Fernandez, Associate Director, 

Office of Air Program 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–2011– 

0511. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 

http://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 


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56976 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

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. 

FOR FURTHER INFORMATION CONTACT: 

Martin Kotsch, (215) 814–3335, or by 

e-mail at kotsch.martin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background 

II. Summary of West Virginia’s SIP Revision 

and EPA’s Review 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 11, 2006 (71 FR 39001), EPA 

redesignated the Charleston area of West 

Virginia to attainment for the 8-hour 

ozone NAAQS. For the Charleston area, 

the redesignation included approval of 

an 8-hour ozone maintenance plan, 

which identifies on-road MVEBs for 

volatile organic compounds (VOCs) and 

nitrogen oxides (NOX), which are ozone 

precursors, which are then used for 

transportation planning and conformity 

purposes. Subsequently, on January 14, 

2008 (73 FR 2156), EPA approved a 

revision to the Charleston maintenance 

plan mobile budgets. 

On September 15, 2006 (71 FR 54421), 

EPA redesignated the HuntingtonAshland area of West Virginia to 

attainment for the 8-hour ozone 

NAAQS. For the Huntington area, the 

redesignation included approval of an 8- 

hour ozone maintenance plan, which 

identifies on-road MVEBs for VOCs and 

NOX, which are ozone precursors, 

which are then used for transportation 

planning and conformity purposes. 

On May 8, 2007 (72 FR 25967), EPA 

redesignated the Parkersburg-Marietta 

area of West Virginia to attainment for 

the 8-hour ozone NAAQS. For the 

Parkersburg area, the redesignation 

included approval of an 8-hour ozone 

maintenance plan, which identifies onroad MVEBs for VOCs and NOX, which 

are ozone precursors, which are then 

used for transportation planning and 

conformity purposes. Subsequently, on 

October 30, 2008 (73 FR 64548), EPA 

approved a revision to the Parkersburg 

maintenance plan mobile budget. 

On May 14, 2007 (72 FR 27060), EPA 

redesignated the Steubenville-Weirton 

area of West Virginia to attainment for 

the 8-hour ozone NAAQS. For the 

Weirton area, the redesignation 

included approval of an 8-hour ozone 

maintenance plan, which identifies onroad MVEBs for VOCs and NOX, which 

are ozone precursors, which are then 

used for transportation planning and 

conformity purposes. 

On May 15, 2007 (72 FR 27247), EPA 

redesignated the Wheeling area of West 

Virginia to attainment for the 8-hour 

ozone NAAQS. For the Wheeling area, 

the redesignation included approval of 

an 8-hour ozone maintenance plan, 

which identifies on-road MVEBs for 

VOCs and NOX, which are ozone 

precursors, which are then used for 

transportation planning and conformity 

purposes. 

For all five of the nonattainment 

areas, the MVEBs are being revised to 

account for the new EPA emissions 

model called Motor Vehicle Emissions 

Simulator (MOVES) which by March 3, 

2012 must be used for all new 

transportation conformity 

determinations which occur after that 

date. During early testing, it was found 

that mobile vehicle emissions using 

MOVES were predicted to be higher 

now than when using the older EPA 

model MOBILE6. The MOBILE6 

emissions model was utilized in 

developing the MVEBs contained in the 

approved maintenance plan for each 

area. To account for this anticipated 

increase in predicted mobile emissions, 

West Virginia has revised its existing 

MVEBs in each area using available 

safety margins which is allowable. 

II. Summary of West Virginia’s SIP 

Revision and EPA’s Review 

On March 14, 2011, the State of West 

Virginia submitted to EPA a formal 

revision to its SIP. The SIP revision 

proposes new MVEBs for the 

Charleston, Huntington, Parkersburg, 

Weirton, and Wheeling 8-hour ozone 

maintenance areas, to reflect the 

reallocation of a portion of the 

differences (safety margins) between the 

total base year and total projected 2009 

and 2018 8-hour ozone maintenance 

emissions, which produces an increase 

in the MVEBs. The base year is 2004 for 

all the 8 hour ozone maintenance areas. 

By increasing the MVEBs, the West 

Virginia Department of Environmental 

Protection (WVDEP) is ensuring that 

transportation conformity can be 

demonstrated in all 8-hour ozone 

maintenance areas. The March 14, 2011 

submittal, while increasing the MVEBs, 

still ensures maintenance of the NAAQS 

for ozone for all of the Charleston, 

Huntington, Parkersburg, Weirton, and 

Wheeling 8-hour ozone maintenance 

areas. 

Tables 1 and 2 describe the basis of 

the new revised MVEBs for the 

Charleston area. 

TABLE 1—CHARLESTON AREA REALLOCATION OF SAFETY MARGIN TO THE MVEBS

2004 Base year 2009 Projection 2018 Projection 

Current Total Emissions in the Approved Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 16.1 12.9 7.5 

NOX .................................................................................................................................. 26.4 22.9 9.5 

Revised Total Emissions in the Revised Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 16.1 16.7 13.7 

NOX .................................................................................................................................. 26.4 38.9 17.1 


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TABLE 2—CHARLESTON AREA TOTAL EMISSIONS (POINT, AREA AND MOBILE) BEFORE AND AFTER REALLOCATION OF

SAFETY MARGIN TO THE MVEBS

2004 Base year 2009 Projection 2018 Projection 

Current Total Emissions in the Approved Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 52.3 48.1 45.4 

NOX .................................................................................................................................. 129.4 105.5 81.9 

Revised Total Emissions in the Revised Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 52.3 51.9 51.6 

NOX .................................................................................................................................. 129.4 121.5 89.5 

For the Charleston, West Virginia 8- 

hour ozone maintenance area addressed 

herein, the WVDEP increased the 2009 

and 2018 MVEBs using available safety 

margins to allow for projected increases 

in emissions as predicted by the 

MOVES model. The 2009 and 2018 

MVEBs for VOCs and NOX emissions in 

the revised Maintenance Plan listed 

above in Table 1 under the Revised 

Total Emissions in the Revised 

Maintenance Plan section will serve as 

the new MVEBs for transportation 

conformity planning. 

The State has proposed reallocating 

some of the emissions from the current 

safety margin into the MVEBs for both 

VOCs and NOX. The remaining surplus 

emissions have been reserved as 

residual safety margins in the total 

maintenance budgets to ensure 

continued maintenance of the 8-hour 

ozone NAAQS. 

To explain how the safety margins are 

determined and allocated for all the 

nonattainment areas, the NOX emissions 

for the Charleston area may be used as 

an example. In Table 2, listed under the 

Revised Total Emissions in the Revised 

Maintenance Plan heading, the total 

2004 base year NOX emissions are 129.4 

tons/day (tpd) for all NOX sources, 

which is the maximum amount of NOX

emissions consistent with maintenance 

of the 8-hour ozone NAAQS. The 

projected total 2009 emissions for all 

NOX sources would be 121.5 tpd, which 

still provides a 7.9 tpd NOX safety 

margin (i.e., the ozone NAAQS would 

continue to be maintained if total NOX

emissions increased as much as 7.9 tpd 

above the projected 2009 emissions of 

121.5 tpd). Therefore, the total projetced 

emissions for 2009 for all NOX sources 

would be increased by 16.0 tpd above 

the currently approved emissions 

through the increase in the allowable 

mobile emissions for NOX while still 

leaving a safety margin of 7.9 tpd. 

Therefore, even with the reallocation of 

some of the current safety margin into 

the MVEBs, the State of West Virginia 

has left a safety margin for any other 

unforseen growth in NOX emissions. For 

all remaining areas, the principles for 

reallocating the safety margins to the 

MVEBs have the same impact. 

For the Huntington area, Tables 3 and 

4 describe the basis of the new revised 

MVEBs and the overall emissions for the 

area. 

TABLE 3—HUNTINGTON AREA REALLOCATION OF SAFETY MARGIN TO THE MVEBS

2004 Base year 2009 Projection 2018 Projection 

Current Total Emissions in the Approved Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 6.0 4.6 3.0 

NOX .................................................................................................................................. 11.5 8.7 4.1 

Revised Total Emissions in the Revised Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 6.0 7.4 6.6 

NOX .................................................................................................................................. 11.5 14.0 13.5 

TABLE 4—HUNTINGTON AREA TOTAL EMISSIONS (POINT, AREA AND MOBILE) BEFORE AND AFTER REALLOCATION OF

SAFETY MARGIN TO THE MVEBS

2004 Base year 2009 Projection 2018 Projection 

Current Total Emissions in the Approved Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 23.7 23.4 23.3 

NOX .................................................................................................................................. 37.4 31.5 27.0 

Revised Total Emissions in the Revised Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 23.7 23.4 23.3 

NOX .................................................................................................................................. 37.4 36.8 36.4 

For the Parkersburg area, Tables 5 and 

6 describe the basis of the new revised 

MVEBs and the overall emissions for the 

area. 


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TABLE 5—PARKERSBURG AREA REALLOCATION OF SAFETY MARGIN TO THE MVEBS

2004 Base year 2009 Projection 2018 Projection 

Current Total Emissions in the Approved Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 4.0 3.8 2.4 

NOX .................................................................................................................................. 5.66 5.5 2.7 

Revised Total Emissions in the Revised Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 4.0 5.5 4.7 

NOX .................................................................................................................................. 5.66 7.3 7.3 

TABLE 6—PARKERSBURG AREA TOTAL EMISSIONS (POINT, AREA AND MOBILE) BEFORE AND AFTER REALLOCATION OF

SAFETY MARGIN TO THE MVEBS

2004 Base year 2009 Projection 2018 Projection 

Current Total Emissions in the Approved Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 16.7 14.8 14.1 

NOX .................................................................................................................................. 15.2 13.2 10.1 

Revised Total Emissions in the Revised Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 16.7 16.5 16.4 

NOX .................................................................................................................................. 15.2 15.0 14.7 

For the Weirton area, Tables 7 and 8 

describe the basis of the new revised 

MVEBs and the overall emissions for the 

area. 

TABLE 7—WEIRTON AREA REALLOCATION OF SAFETY MARGIN TO THE MVEBS

2004 Base year 2009 Projection 2018 Projection 

Current Total Emissions in the Approved Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 2.6 2.0 1.0 

NOX .................................................................................................................................. 3.6 2.8 1.2 

Revised Total Emissions in the Revised Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 2.6 3.4 1.9 

NOX .................................................................................................................................. 3.6 4.2 3.9 

TABLE 8—WEIRTON AREA TOTAL EMISSIONS (POINT, AREA AND MOBILE) BEFORE AND AFTER REALLOCATION OF SAFETY

MARGIN TO THE MVEBS

2004 Base year 2009 Projection 2018 Projection 

Current Total Emissions in the Approved Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 13.5 12.0 12.5 

NOX .................................................................................................................................. 18.2 16.6 15.2 

Revised Total Emissions in the Revised Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 13.5 13.4 13.4 

NOX .................................................................................................................................. 18.2 18.0 17.9 

For the Wheeling area, Tables 9 and 

10 describe the basis of the new revised 

MVEBs and the overall emissions for the 

area. 


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TABLE 9—WHEELING AREA REALLOCATION OF SAFETY MARGIN TO THE MVEBS

2004 Base year 2009 Projection 2018 Projection 

Current Total Emissions in the Approved Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 2.8 2.5 1.4 

NOX .................................................................................................................................. 4.7 4.3 1.7 

Revised Total Emissions in the Revised Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 2.8 10.4 9.1 

NOX .................................................................................................................................. 4.7 7.7 3.1 

TABLE 10—WHEELING AREA TOTAL EMISSIONS (POINT, AREA AND MOBILE) BEFORE AND AFTER REALLOCATION OF

SAFETY MARGIN TO THE MVEBS

2004 Base year 2009 Projection 2018 Projection 

Current Total Emissions in the Approved Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 23.5 14.7 14.9 

NOX .................................................................................................................................. 101.2 72.9 34.5 

Revised Total Emissions in the Revised Maintenance Plan (Tons/Day) 

VOC ................................................................................................................................. 23.5 22.6 22.6 

NOX .................................................................................................................................. 101.2 76.3 35.9 

III. Final Action 

EPA is approving West Virginia’s SIP 

revision submitted on March 14, 2011, 

which amends the 8-hour ozone 

maintenance plans for the Charleston, 

Huntington, Parkersburg, Weirton, and 

Wheeling 8-hour ozone maintenance 

areas. These revisions amend the 

maintenance plans’ 2009 and 2018 

MVEBs to reflect the reallocation of a 

portion of the plans’ safety margins 

which results in an increase in the 

MVEBs. EPA is approving this SIP 

revision to the maintenance plans for 

these areas because this revision 

continues to demonstrate maintenance 

of the 8-hour ozone NAAQS. EPA is 

publishing this rule without prior 

proposal because the Agency views this 

as a noncontroversial amendment and 

anticipates no adverse comment, since 

no significant adverse comments were 

received on the SIP revision at the State 

level. However, in the Proposed Rules 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

November 14, 2011 without further 

notice unless EPA receives adverse 

comment by October 17, 2011. 

If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

EPA will address all public comments 

in a subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 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. 


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56980 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations 

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 November 14, 2011. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 

This action to approve the West 

Virginia 8 hour ozone maintenance plan 

revisions may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 29, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR Part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by revising the entries 

for 8-Hour Ozone Maintenance Plan for 

the Huntington-Ashland, WV-KY Area, 

8-Hour Ozone Maintenance Plan for the 

Parkersburg-Marietta, WV-OH Area, 8- 

Hour Ozone Maintenance Plan for the 

Steubenville-Weirton, OH-WV Area, 8- 

Hour Ozone Maintenance Plan for the 

Wheeling, WV-OH Area, and 8-Hour 

Ozone Maintenance Plan for the 

Charleston, WV Area. The amendments 

read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) EPA-approved nonregulatory and 

quasi-regulatory material. 

Name of non-regulatory SIP revision Applicable geographic area State submittal 

date EPA approval date Additional explanation 

*******

8-Hour Ozone Maintenance Plan for the 

Huntington-Ashland, 

WV-KYArea.

Cabell and Wayne 

Counties.

5/17/06 9/15/06, 71 FR 54421.

3/14/11 9/15/11 [Insert page number where the 

document begins].

Revised MVEB’s for 2009 and 2018 

(VOC and NOX). See § 52.2527. 

8-Hour Ozone Maintenance Plan for the 

Parkersburg-Marietta, WV-OH Area.

Wood County ........ 9/8/06 5/8/07, 72 FR 2967 .............................. SIP effective date: 6/7/07. 

3/14/11 9/15/11 [Insert page number where the 

document begins].

Revised MVEB’s for 2009 and 2018 

(VOC and NOX). See § 52.2527. 

8-Hour Ozone Maintenance Plan for the 

Steubenville-Weirton, 

OH-WV Area.

Brooke and Hancock Counties.8/3/06 5/14/07, 72 FR 27063 .......................... SIP effective date: 6/13/07. 

3/14/11 9/15/11 [Insert page number where the 

document begins].

Revised MVEB’s for 2009 and 2018 

(VOC and NOX). See § 52.2527. 

8-Hour Ozone Maintenance Plan for the 

Wheeling, WV-OH 

Area.

Marshall and Ohio 

County.

7/24/06 5/15/07, 72 FR 2724 ............................ SIP effective date: 6/13/07. 

3/14/11 9/15/11 [Insert page number where the 

document begins].

Revised MVEB’s for 2009 and 2018 

(VOC and NOX). See § 52.2527. 

* * * * * * * 

8-Hour Ozone Maintenance Plan for the 

Charleston, WV Area.

Charleston Area 

(Kanawha and 

Putnam Counties).

11/30/05 7/11/06, 71 FR 39001 .......................... Action includes approval of the following motor vehicle emission budgets (MVEB): 8.2 tons per day (tpd) 

for NOX and 7.2 tpd for VOC. 

1/8/07 1/14/08, 73 FR 2156 ............................ Action includes approval of new 

MVEBs. 

3/14/11 9/15/11 [Insert page number where the 

document begins].

Revised MVEB’s for 2009 and 2018 

(VOC and NOX). See § 52.2527. 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations 56981 

Name of non-regulatory SIP revision Applicable geographic area State submittal 

date EPA approval date Additional explanation 

*******

■ 3. Section 52.2532 is added to read as 

follows: 

§ 52.2532 Motor vehicle emissions 

budgets. 

(a) EPA approves the following 

revised 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) for the 

Charleston, West Virginia 8-hour ozone 

maintenance area submitted by the 

Secretary of the Department of 

Environmental Protection on March 14, 

2011: 

Applicable geographic area Year Tons per day 

(TPD) VOC 

Tons per day 

(TPD) NOX

Charleston Area (Kanawha and Putnam Counties) ........................................................ 2009 7.4 14.0 

Charleston Area (Kanawha and Putnam Counties) ........................................................ 2018 6.6 13.5 

(b) EPA approves the following 

revised 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) for the 

Huntington, West Virginia 8-hour ozone 

maintenance area submitted by the 

Secretary of the Department of 

Environmental Protection on March 14, 

2011: 

Applicable geographic area Year Tons per day 

(TPD) VOC 

Tons per day 

(TPD) NOX

Huntington Area (Cabell and Wayne Counties) .............................................................. 2009 7.4 14.0 

Huntington Area (Cabell and Wayne Counties) .............................................................. 2018 6.6 13.5 

(c) EPA approves the following 

revised 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) for the 

Parkersburg, West Virginia 8-hour ozone 

maintenance area submitted by the 

Secretary of the Department of 

Environmental Protection on March 14, 

2011: 

Applicable geographic area Year Tons per day 

(TPD) VOC 

Tons per day 

(TPD) NOX

Parkersburg Area (Wood County) ................................................................................... 2009 5.5 7.3 

Parkersburg Area (Wood County) ................................................................................... 2018 4.7 7.3 

(d) EPA approves the following 

revised 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) for the 

Weirton, West Virginia 8-hour ozone 

maintenance area submitted by the 

Secretary of the Department of 

Environmental Protection on March 14, 

2011: 

Applicable geographic area Year Tons per day 

(TPD) VOC 

Tons per day 

(TPD) NOX

Weirton Area (Brooke and Hancock Counties) ............................................................... 2009 3.4 4.2 

Weirton Area (Brooke and Hancock Counties) ............................................................... 2018 1.9 3.9 

(e) EPA approves the following 

revised 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) for the 

Wheeling, West Virginia 8-hour ozone 

maintenance area submitted by the 

Secretary of the Department of 

Environmental Protection on March 14, 

2011: 

Applicable geographic area Year Tons per day 

(TPD) VOC 

Tons per day 

(TPD) NOX

Wheeling Area (Marshall and Ohio Counties) ................................................................. 2009 7.4 14.0 

Wheeling Area (Marshall and Ohio Counties) ................................................................. 2018 6.6 13.5 


wreier-aviles on DSK7SPTVN1PROD with RULES
56982 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations 

[FR Doc. 2011–23261 Filed 9–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0426; FRL–9463–6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Permits by Rule and 

Regulations for Control of Air Pollution 

by Permits for New Construction or 

Modification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On July 25, 2011, EPA 

published a direct final rule approving 

portions of three revisions to the Texas 

State Implementation Plan (SIP) 

submitted on August 31, 1993; July 22, 

1998; and October 5, 2010. The 

revisions amend existing sections and 

create new sections in Title 30 of the 

Texas Administrative Code (TAC), 

Chapter 116—Control of Air Pollution 

by Permits for New Construction or 

Modification. The August 31, 1993, 

revision creates two new sections at 30 

TAC 116.174 and 116.175 for the use of 

emission reductions as offsets in new 

source review permitting. The July 22, 

1998, revision creates 30 TAC 116.116(f) 

allowing for the use of Discrete 

Emission Reduction Credits (DERC) to 

exceed emission limits in permits 

(permit allowables) and amends 30 TAC 

116.174 to update internal citations to 

other Texas regulations. The October 5, 

2010, revision amends 30 TAC 

116.116(f) to update internal citations to 

other Texas regulations. The direct final 

action was published without prior 

proposal because EPA anticipated no 

adverse comments. EPA stated in the 

direct final rule that if we received 

relevant, adverse comments by August 

24, 2011, EPA would publish a timely 

withdrawal in the Federal Register. EPA 

subsequently received timely adverse 

comments on the direct final rule. 

Therefore, EPA is withdrawing the 

direct final approval. EPA will address 

all relevant, adverse comments 

submitted by August 24, 2011, in a 

subsequent final action based on the 

parallel proposal also published on July 

25, 2011. As stated in the parallel 

proposal, EPA will not institute a 

second comment period on this action. 

DATES: The direct final rule published 

on July 25, 2011 (76 FR 44271), is 

withdrawn as of September 15, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Erica Le Doux (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–7265. Ms. Le Doux can also be 

reached via electronic mail at 

ledoux.erica@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 6, 2011. 

Al Armendariz, 

Regional Administrator, EPA Region 6. 

Accordingly, the amendments to 40 

CFR 52.2270 published in the Federal 

Register on July 25, 2011 (76 FR 44271), 

which were to become effective on 

September 23, 2011, are withdrawn. 

[FR Doc. 2011–23523 Filed 9–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 124, 144, 145, 146, and 

147 

[EPA–HQ–OW–2008–0390; FRL–9465–1] 

Announcement of Federal 

Underground Injection Control (UIC) 

Class VI Program for Carbon Dioxide 

(CO2) Geologic Sequestration (GS) 

Wells 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Establishment of Class VI 

Program. 

SUMMARY: EPA is announcing the 

establishment of a Federal Underground 

Injection Control (UIC) Class VI Program 

for Carbon Dioxide (CO2) Geologic 

Sequestration (GS) Wells under which 

EPA will directly implement the Class 

VI Program nationally as of September 

7, 2011. States and potential owners or 

operators of CO2 GS wells must submit 

all permit applications to the 

appropriate EPA Region in order for a 

Class VI permit to be issued pursuant to 

the Federal Requirements under the 

Class VI rule finalized on December 10, 

2010. Direct Federal implementation of 

the final Class VI requirements is in 

effect until such time as a Statesubmitted primary enforcement 

responsibility (primacy) application is 

approved by EPA. 

DATES: The national Class VI Program is 

effective as of September 7, 2011. 

FOR FURTHER INFORMATION CONTACT: Lisa 

McWhirter, Underground Injection 

Control Program, Drinking Water 

Protection Division, Office of Ground 

Water and Drinking Water (MC–4606M), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (202) 

564–2317; fax number: (202) 564–3756; 

e-mail address: mcwhirter.lisa@epa.gov. 

For general information and to access 

information on the final Class VI rule, 

visit the Underground Injection Control 

Geologic Sequestration Web site at 

http://water.epa.gov/type/groundwater/

uic/wells_sequestration.cfm. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action applies to all State and 

Tribal governments and owners or 

operators of injection wells that will be 

used to inject CO2 into the subsurface 

for the purposes of GS. Entities include, 

but are not limited to, the following: 

Category Examples of entities that this action applies to 

States and Tribal Governments ...... States and Tribal governments. 

Private ............................................. Owners or Operators of CO2 injection wells used for Class VI GS. 

Private ............................................. Owners or Operators of existing CO2 injection wells transitioning from Class I, II, or Class V injection activities to Class VI GS. 

This table is not intended to be an 

exhaustive list; rather it provides a 

guide for readers regarding entities that 

this action applies to. This action could 

also apply to other types of entities not 

listed in the table. To determine 


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