[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Rules and Regulations]
[Pages 6552-6554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2359]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0694; FRL-8759-6]


 Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of West Virginia. This revision establishes and 
requires ambient air quality standards for sulfur oxides, particulate 
matter, carbon monoxide, ozone, nitrogen dioxide, and lead equivalent 
to the national primary and secondary ambient air quality standards. 
This action is being taken under the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on March 12, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2008-0694. All documents in the docket are listed in 
the http://www.regulations.gov website. 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 http://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, WV 25304.

FOR FURTHER INFORMATION CONTACT: Gobeail McKinley, (215) 814-2033, or 
by e-mail at <a href="/cdn-cgi/l/email-protection#5b3638303235373e22753c34393e3a32371b3e2b3a753c342d"><span class="__cf_email__" data-cfemail="5a3739313334363f23743d35383f3b33361a3f2a3b743d352c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 28, 2008 (73 FR 63915), EPA published a notice of 
proposed rulemaking (NPR) for the State of West Virginia. The NPR 
proposed approval of West Virginia's ambient air quality standards for 
sulfur oxides, particulate matter (PM), carbon monoxide, ozone, 
nitrogen dioxide, and lead equivalent to the national primary and 
secondary ambient air quality standards.

II. Summary of SIP Revision

    On April 25, 2008, the State of West Virginia submitted as a SIP 
revision Rule 45CSR8--Ambient Air Quality Standards, which updates and 
incorporates all six criteria pollutants to be equivalent to the 
national ambient air quality standards. The revision repeals rules 
45CSR9--Ambient Air Quality Standards for Carbon Monoxide and Ozone and 
45CSR12--Ambient Air Quality Standard for Nitrogen Dioxide, and moves 
these ambient air quality standards into Rule 45CSR8. The revision 
includes a correction of the sulfur dioxide annual primary standard 
from 0.003 to 0.030 parts per million (ppm), removes the annual 
PM<INF>10</INF> standard, and incorporates the annual PM<INF>2.5</INF> 
standard, the 24-hour PM<INF>2.5</INF> standard of 35 [mu]g/
m<SUP>3</SUP>, the primary and secondary standards for lead, and the 
primary and secondary 1-hour and 8-hour ozone standards. The SIP 
revision includes the revocation of the 1-hour ozone standard except 
for Berkeley and Jefferson Counties and it identifies the 1-hour ozone 
maintenance areas. The SIP revision also adds new reference conditions 
for PM<INF>2.5</INF> and measurement methods for PM<INF>2.5</INF> and 
lead. Other specific requirements of West Virginia's ambient air 
quality standards and the rationale for EPA's proposed action are 
explained in the NPR and will not be restated here. No public comments 
were received on the NPR.

III. Final Action

    EPA is approving Rule Section 45CSR8--Ambient Air Quality Standards 
as a revision to the West Virginia SIP.

[[Page 6553]]

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, 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 Clean Air Act. 
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.
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 130 Section 45 (62 
FR 19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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 Clean Air Act; and
    <bullet> 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 13, 2009. 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 which establishes ambient air 
quality standards in West Virginia 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, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: December 15, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as 
follows:

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (c) is amended by revising 
the entries for [45 CSR] Series 8, Sections 45-8-1 through 45-8-5; 
adding entries for [45 CSR] Series 8, Sections 45-8-6 and 45-8-7; and 
removing the entries for [45 CSR] Series 9 and [45 CSR] Series 12. The 
amendments read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                       State                             Additional explanation/
 State citation [Chapter 16-20      Title/subject    effective     EPA approval date        citation at 40 CFR
           or 45 CSR]                                   date                                     52.2565
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 [45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1.................  General...........     6/1/08  02/10/09 [Insert page    Added language to
                                                                 number where the         repeal provisions
                                                                 document begins].        contained in Sections
                                                                                          45CSR9 and 45CSR12.
Section 45-8-2.................  Anti-Degradation       6/1/08  02/10/09 [Insert page    Added definitions for:
                                  Policy.                        number where the         Administrator, ambient
                                                                 document begins].        air, clean air act,
                                                                                          equivalent method,
                                                                                          ozone, person, PM2.5,
                                                                                          and reference methods.
Section 45-8-3.................  Definitions.......     6/1/08  02/10/09 [Insert page
                                                                 number where the
                                                                 document begins].

[[Page 6554]]

 
Section 45-8-4.................  Ambient Air            6/1/08  02/10/09 [Insert page    Added ambient air
                                  Quality Standards.             number where the         quality standards for
                                                                 document begins].        PM2.5, carbon
                                                                                          monoxide, nitrogen
                                                                                          dioxide, ozone and
                                                                                          lead.
Section 45-8-5.................  Methods of             6/1/08  02/10/09 [Insert page    Added reference methods
                                  Measurement.                   number where the         for PM2.5, carbon
                                                                 document begins].        monoxide, nitrogen
                                                                                          dioxide, ozone and
                                                                                          lead.
Section 45-8-6.................  Reference              6/1/08  02/10/09 [Insert page    New Section.
                                  Conditions.                    number where the
                                                                 document begins].
Section 45-8-7.................  Inconsistency          6/1/08  02/10/09 [Insert page
                                  Between Rules.                 number where the
                                                                 document begins].
 
                                                  * * * * * * *
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[FR Doc. E9-2359 Filed 2-9-09; 8:45 am]
BILLING CODE 6560-50-P


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