60094 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules 

5The monitoring data from the 2008–2010 and 

2009–2011 monitoring periods that are relied on in 

this notice may be impacted by reductions 

associated with the Clean Air Interstate Rule 

(CAIR), which is in place only temporarily as it was 

remanded to EPA in 2008. See North Carolina v. 

EPA, 531 F.3d 896, as modified on reh’g, 550 F.3d 

1176 (D.C. Cir. 2008). Nonetheless, because this 

determination addresses only whether the 

monitoring data shows attainment, at this time EPA 

need not address whether such attainment was due 

to the remanded and thus not permanent CAIR. 

Philadelphia Area as required under 

section 175A of the CAA, nor would it 

involve finding that the Area has met all 

other requirements for redesignation 

under the CAA, including that the 

attainment be due to permanent and 

enforceable emission reductions.5 Even 

if EPA finalizes the proposed action, the 

designation status of the Philadelphia 

Area would remain nonattainment for 

the 2006 24-hour PM2.5 NAAQS until 

such time as EPA determines that the 

Area meets the CAA requirements for 

redesignation to attainment and takes 

action to redesignate the Philadelphia 

Area. 

The action described is a proposed 

determination regarding the 

Philadelphia Area’s attainment only 

with respect to the 2006 24-hour PM2.5

NAAQS. Today’s action does not 

address the 1997 annual or 24-hour 

PM2.5 standards. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. 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 proposed 

determination of attainment of the 

Philadelphia Area with respect to the 

2006 24-hour PM2.5 NAAQS does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the 

determination 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: August 23, 2012. 

W.C. Early, 

Regional Administrator, Region III. 

Dated: September 10, 2012. 

Judith A. Enck, 

Regional Administrator, Region II. 

[FR Doc. 2012–24246 Filed 10–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0422; FRL–9735–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; The 2002 Base Year Inventory 

for the Charleston Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the fine particulate matter (PM2.5) 2002 

base year emissions inventory portion of 

the West Virginia State Implementation 

Plan (SIP) revision submitted by the 

State of West Virginia (WV), through the 

West Virginia Department of 

Environmental Protection (WVDEP), on 

November 4, 2009 for the Charleston, 

WV nonattainment area (hereafter 

referred to as the Charleston Area or 

Area). The emissions inventory is part 

of the West Virginia November 4, 2009 

SIP revision that was submitted to meet 

nonattainment requirements related to 

the Charleston Area for the 1997 PM2.5

National Ambient Air Quality Standard 

(NAAQS) SIP. EPA is proposing to 

approve the 2002 base year PM2.5

emissions inventory for the Charleston 

Area in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before November 1, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0422 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–2010–0140, 

Donna Mastro, Acting 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–2012– 

0422. 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 


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Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules 60095 

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. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Summary of SIP Revision 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Throughout this document, whenever 

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

EPA. On July 18, 1997 (62 FR 38652), 

EPA promulgated the 1997 PM2.5

NAAQS, including an annual standard 

of 15.0 micrograms per cubic meter (mg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations, and a 24- 

hour (or daily) standard of 65 mg/m3

based on a 3-year average of the 98th 

percentile of 24-hour concentrations. 

EPA established the standards based on 

significant evidence and numerous 

health studies demonstrating that 

serious health effects are associated 

with exposures to PM2.5. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

United States as attaining or not 

attaining the NAAQS; this designation 

process is described in section 107(d)(1) 

of the CAA. In 1999, EPA and state air 

quality agencies initiated the monitoring 

process for the 1997 PM2.5 NAAQS and, 

by January 2001, established a complete 

set of air quality monitors. On January 

5, 2005, EPA promulgated initial air 

quality designations for the 1997 PM2.5

NAAQS (70 FR 944), which became 

effective on April 5, 2005, based on air 

quality monitoring data for calendar 

years 2001–03. 

On April 14, 2005, EPA promulgated 

a supplemental rule amending the 

agency’s initial designations (70 FR 

19844), with the same effective date 

(April 5, 2005) at 70 FR 944. As a result 

of this supplemental rule, PM2.5

nonattainment designations are in effect 

for 39 areas, comprising 208 counties 

within 20 states (and the District of 

Columbia) nationwide, with a combined 

population of approximately 88 million. 

The Charleston Area, which is the 

subject of this rulemaking, was included 

in the list of areas not attaining the 1997 

PM2.5 NAAQS. The Charleston Area 

consists of Kanawha and Putnam 

Counties in West Virginia. 

On October 11, 2011 (76 FR 62640), 

EPA determined that West Virginia had 

attained the 1997 PM2.5 NAAQS in the 

Charleston Area. That determination 

was based on complete, quality-assured, 

quality-controlled, and certified ambient 

air monitoring data for the 2007–2009 

three-year period that showed the area 

attained the 1997 PM2.5 NAAQS and 

continues to attain the standard. The 

October 11, 2011 determination 

suspended the requirements for West 

Virginia to submit an attainment 

demonstration, associated reasonably 

available control measures, a reasonable 

further progress plan, contingency 

measures, and other planning SIP 

revisions related to attainment of the 

standard for so long as the 

nonattainment area continues to meet 

the 1997 PM2.5 NAAQS. Section 

172(c)(3) of the CAA requires 

submission and approval of a 

comprehensive, accurate, and current 

inventory of actual emissions. This 

proposed approval is limited to the 

emissions inventory for the Charleston 

Area. Separate action will be taken on 

the remainder of West Virginia’s SIP 

submittal. 

II. Summary of SIP Revision 

The 2002 base year emission 

inventory submitted by WVDEP on 

November 4, 2009 for the Charleston 

Area includes emissions estimates that 

cover the general source categories of 

point sources, non-road mobile sources, 

area sources, on-road mobile sources, 

and biogenic sources. The pollutants 

that comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOCs), PM2.5, coarse 

particles (PM10), ammonia (NH3) and 

sulfur dioxide (SO2). EPA has reviewed 

the results, procedures and 

methodologies for the base year 

emissions inventory submitted by 

WVDEP. The year 2002 was selected by 

WVDEP as the base year for the 

emissions inventory per 40 CFR 

51.1008(b). A discussion of the 

emissions inventory development as 

well as the emissions inventory for the 

Charleston Area can be found in 

Appendices C and D of the November 4, 

2009 SIP submittal. 

Table 1, below, provides a summary 

of the annual 2002 emissions of NOX, 

VOCs, PM2.5, PM10, NH3 and SO2 for the 

Charleston Area submittal. 

TABLE 1—SUMMARY OF 2002 BASELINE EMISSIONS INVENTORY FOR THE CHARLESTON AREA IN TONS PER YEAR (TPY) 

Source sector NH3 NOX PM10 PM2.5 SO2 VOC 

Point ......................................................... 25 60,138 1,134 632 130,109 3,292 

Area .......................................................... 70 1,614 10,039 2,396 2,486 9,209 

Nonroad ................................................... 1 3,957 229 213 239 2,828 

Onroad ..................................................... 312 10,213 233 632 411 7,073 


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60096 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules 

TABLE 1—SUMMARY OF 2002 BASELINE EMISSIONS INVENTORY FOR THE CHARLESTON AREA IN TONS PER YEAR (TPY)— 

Continued 

Source sector NH3 NOX PM10 PM2.5 SO2 VOC 

Biogenic ................................................... N/A N/A N/A N/A N/A N/A 

Total .................................................. 407 76,016 11,635 3,410 133,245 40,702 

The CAA section 172(c)(3) emissions 

inventory is developed by the 

incorporation of data from multiple 

sources. States were required to develop 

and submit to EPA a triennial emissions 

inventory according to the Consolidated 

Emissions Reporting Rule (CERR) for all 

source categories (i.e., point, area, 

nonroad mobile and on-road mobile). 

The review and evaluation of the 

methods used for the emissions 

inventory submitted by West Virginia 

are found in the Technical Support 

Document dated August 12, 2010, 

available online at www.regulations.gov, 

Docket No. EPA–R03–OAR–2012–0422. 

EPA finds that the process used to 

develop this emissions inventory for the 

Charleston Area is adequate to meet the 

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

the implementing regulations, and EPA 

guidance for emission inventories. 

III. Proposed Action 

EPA is proposing to approve the 2002 

base year emissions inventory portion of 

the SIP revision submitted by the State 

of West Virginia on November 4, 2009 

for the Charleston Area. We have made 

the determination that this action is 

consistent with section 110 of the CAA. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. 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 proposed rule, 

pertaining to the PM2.5 2002 base year 

emissions inventory portion of the West 

Virginia SIP for the Charleston Area, 

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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: September 13, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–24242 Filed 10–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 8 

[Docket No. USCG–2012–0861] 

RIN 1625–AB90 

Adding International Energy Efficiency 

(IEE) Certificate to List of Certificates 

a Recognized Classification Society 

May Issue 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend its Vessel Inspection 

Alternatives regulations to add the 

International Energy Efficiency (IEE) 

Certificate to the list of certificates that 

a recognized classification society may 

issue on behalf of the Coast Guard. We 

make this proposal because Annex VI of 

the International Convention for the 

Prevention of Pollution by Ships, 1973, 

as modified by the Protocol of 1978, has 

been amended to address energy 

efficiency for ships, and these 

amendments call for the issuance of IEE 

Certificates starting January 1, 2013. 

This proposed rule would enable 

recognized classification societies to 

apply to the Coast Guard to issue IEE 

Certificates to vessel owners and help to 

ensure that the demand for IEE 

Certificates is met. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before November 1, 2012 or reach 

the Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0861 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 


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