6552 Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Rules and Regulations 

(d) EPA approved state sourcespecific requirements. 

EPA-APPROVED SOURCE SPECIFIC REQUIREMENTS

Source name Permit/order or registration number 

State 

effective 

date 

EPA approval date 

Additional 

explanation/ 

citation at 40 

CFR 52.2565 

Mountaineer Carbon Co ............................ Consent Order ........................................... 7/2/82 9/1/82 47 FR 38532 ....... (c)(18). 

National Steel Corp.—Weirton Steel Division.Consent Order (Bubble) ............................ 7/6/82 12/9/82 47 FR 55396 ..... (c)(19). 

Columbia Gas Transmission Corporation—Lost River Station.Consent Order ........................................... 9/12/90 4/24/91 56 FR 18733 ..... (c)(24). 

Wheeling-Pittsburgh Steel Corp ................ Consent Order CO–SIP–91–29 ................. 11/14/91 7/25/94 59 FR 37696 ..... (c)(26). 

Standard Lafarge ....................................... Consent Order CO–SIP–91–30 ................. 11/14/91 7/25/94 59 FR 37696 ..... (c)(26). 

Follansbee Steel Corp ............................... Consent Order CO–SIP–91–31 ................. 11/14/91 7/25/94 59 FR 37696 ..... (c)(26). 

Koppers Industries, Inc .............................. Consent Order CO–SIP–91–32 ................. 11/14/91 7/25/94 59 FR 37696 ..... (c)(26). 

International Mill Service, Inc ..................... Consent Order CO–SIP–91–33 ................. 11/14/91 7/25/94 59 FR 37696 ..... (c)(26). 

Starvaggi Industries, Inc ............................ Consent Order CO–SIP–91–34 ................. 11/14/91 7/25/94 59 FR 37696 ..... (c)(26). 

Quaker State Corporation .......................... Consent Order CO–SIP–95–1 ................... 1/9/95 11/27/96 61 FR 60191 ... (c)(35). 

Weirton Steel Corporation ......................... Consent Order CO–SIP–95–2 ................... 1/9/95 11/27/96 61 FR 60191 ... (c)(35). 

PPG Industries, Inc .................................... Consent Order CO–SIP–2000–1 ............... 1/25/00 8/2/00 65 FR 47339 ....... (c)(44)(i)(B)(1). 

Bayer Corporation ...................................... Consent Order CO–SIP–2000–2 ............... 1/26/00 8/2/00 65 FR 47339 ....... (c)(44)(i)(B)(2). 

Columbian Chemicals Company ............... Consent Order CO–SIP–2000–3 ............... 1/31/00 8/2/00 65 FR 47339 ....... (c)(44)(i)(B)(3). 

PPG Industries, Inc .................................... Consent Order CO–SIP–C–2003–27 ........ 7/29/03 4/28/04 69 FR 23110 ..... (c)(58). 

Wheeling-Pittsburgh Steel Corporation ..... Operating Permit R13–1939A ................... 8/19/03 05/05/04 69 FR 24986 ... (c)(59)(i)(B)(1). 

Weirton Steel Corporation ......................... Consent Order, CO–SIP–C–2003–28 ....... 8/4/03 05/05/04 69 FR 24986 ... (c)(59)(i)(B)(2). 

* * * * * 

[FR Doc. E9–2355 Filed 2–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 mckinley.gobeail@epa.gov. 

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 PM10

standard, and incorporates the annual 

PM2.5 standard, the 24-hour PM2.5

standard of 35 μg/m3, 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 PM2.5 and measurement 

methods for PM2.5 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. 


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Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Rules and Regulations 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. 

• 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 

130 Section 45 (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 Clean Air Act; 

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 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. 

■ 40 CFR Part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 

■ 2. In § 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: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP 

State citation 

[Chapter 16–20 or 

45 CSR] 

Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/citation at 40 

CFR 52.2565 

* * * * * * * 

[45 CSR] Series 8 Ambient Air Quality Standards 

Section 45–8–1 ...... General ................................ 6/1/08 02/10/09 [Insert page number where 

the document begins].

Added language to repeal provisions 

contained in Sections 45CSR9 and 

45CSR12. 

Section 45–8–2 ...... Anti-Degradation Policy ....... 6/1/08 02/10/09 [Insert page number where 

the document begins].

Added definitions for: Administrator, 

ambient 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].


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6554 Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 

45 CSR] 

Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/citation at 40 

CFR 52.2565 

Section 45–8–4 ...... Ambient Air Quality Standards.6/1/08 02/10/09 [Insert page number where 

the document begins].

Added ambient air quality standards 

for PM2.5, carbon monoxide, nitrogen dioxide, ozone and lead. 

Section 45–8–5 ...... Methods of Measurement .... 6/1/08 02/10/09 [Insert page number where 

the document begins].

Added reference methods for PM2.5, 

carbon monoxide, nitrogen dioxide, 

ozone and lead. 

Section 45–8–6 ...... Reference Conditions .......... 6/1/08 02/10/09 [Insert page number where 

the document begins].

New Section. 

Section 45–8–7 ...... Inconsistency Between 

Rules.

6/1/08 02/10/09 [Insert page number where 

the document begins].

* * * * * * * 

[FR Doc. E9–2359 Filed 2–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XN01 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Greater Than or Equal 

To 60 Feet (18.3 Meters) Length Overall 

Using Pot Gear in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by pot catcher 

vessels greater than or equal to 60 feet 

(≥18.3 meters (m)) length overall (LOA) 

in the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the A 

season allowance of the 2009 Pacific 

cod allowable catch (TAC) specified for 

pot catcher vessels ≥60 feet (18.3 m) 

LOA in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 1, 2009, though 

1200 hrs, A.l.t., September 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson–Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season allowance of the 2009 

Pacific cod TAC allocated to pot catcher 

vessels ≥60 feet (18.3 m) LOA in the 

BSAI is 6,496 metric tons as established 

by the 2008 and 2009 final harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008). 

See § 679.20(c)(3)(iii), § 679.20(c)(5), 

and § 679.20(a)(7)(ii)(A) and 

(a)(7)(ii)(C)(1)(iv). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS, has determined that the A 

season directed fishing allowance of the 

2009 Pacific cod TAC allocated to pot 

catcher vessels ≥60 feet (18.3 m) LOA in 

the BSAI has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by pot 

catcher vessels ≥60 feet (18.3 m) LOA in 

the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by 

catcher vessels ≥60 ft (18.3 m) LOA 

using pot gear in the BSAI. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of January 29, 2009. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 5, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–2745 Filed 2–5–09; 4:15 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XM95 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Processors Using Pot Gear in 

the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by pot catcher 

processors in the Bering Sea and 


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