17884 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(157)(i)(A)(11) to 

read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(157) * * * 

(i) * * * 

(A) * * * 

(11) Arizona Department of 

Environmental Quality, Air Quality 

Division, Dust Action General Permit, 

including attachments A, B, and C, 

issued December 30, 2011. 

* * * * * 

[FR Doc. 2014–07118 Filed 3–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2013–0090; FRL–9908–88– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Approval of the 

Redesignation Requests and the 

Associated Maintenance Plans of the 

Charleston Nonattainment Area for the 

1997 Annual and the 2006 24-Hour Fine 

Particulate Matter Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State of 

West Virginia’s requests to redesignate 

to attainment the Charleston 

nonattainment area (hereafter ‘‘the 

Charleston Area’’ or ‘‘the Area’’) for both 

the 1997 annual and the 2006 24-hour 

fine particulate matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS or standards). EPA is also 

approving as a revision to the West 

Virginia State Implementation Plan 

(SIP), the associated maintenance plans 

to show maintenance of the 1997 annual 

and the 2006 24-hour PM2.5 NAAQS 

through 2025 for the Area. West 

Virginia’s maintenance plans include 

insignificance findings for the mobile 

source contribution of PM2.5 and 

nitrogen oxides (NOX) emissions to the 

Area for both the 1997 annual and 2006 

24-hour PM2.5 standards, which EPA 

agrees with and is approving for 

transportation conformity purposes. In 

addition, EPA is approving the 2008 

emissions inventory for the Area for the 

2006 24-hour PM2.5 NAAQS. These 

actions are being taken under the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

April 30, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0090. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 6, 2012, the West 

Virginia Department of Environmental 

Protection (WVDEP) formally submitted 

a request to redesignate the Charleston 

Area from nonattainment to attainment 

for the 1997 annual and the 2006 24- 

hour PM2.5 NAAQS. Concurrently, 

WVDEP submitted maintenance plans 

as SIP revisions to ensure continued 

attainment of the standards throughout 

the Area over the next 10 years. The 

December 6, 2012 submittal also 

includes a 2008 comprehensive 

emissions inventory for PM2.5, sulfur 

dioxide (SO2) and NOX for the 2006 24- 

hour PM2.5 NAAQS, which WVDEP 

supplemented on June 24, 2013 to 

include emissions of volatile organic 

compounds (VOC) and ammonia (NH3). 

The Charleston Area is comprised of 

Kanawha and Putnam Counties. 

On January 24, 2014 (79 FR 4121), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. In the NPR, EPA proposed 

approval of West Virginia’s 

redesignation requests for the 

Charleston Area for the 1997 annual and 

2006 24-hour PM2.5 NAAQS. EPA also 

proposed approval of the associated 

maintenance plans as SIP revisions for 

the 1997 annual and 2006 24-hour PM2.5

standards, which included 

insignificance determinations for PM2.5

and NOX for both standards for 

purposes of transportation conformity. 

Also, EPA proposed approval of the 

2008 comprehensive emissions 

inventory for the 2006 24-hour PM2.5

standard to meet the requirement of 

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

proposed to find that the Area continues 

to attain both standards. 

In the NPR, EPA addressed the effects 

of two decisions of the United States 

Court of Appeals for the District of 

Columbia (D.C. Circuit Court): The D.C. 

Circuit Court’s August 21, 2012 decision 

to vacate and remand to EPA the CrossState Air Pollution Control Rule 

(CSAPR); and the D.C. Circuit Court’s 

January 4, 2013 decision to remand to 

EPA two final rules implementing the 

1997 annual PM2.5 standard. Specific 

details of West Virginia’s submittals and 

the rationale for EPA’s proposed actions 

are explained in the NPR and will not 

be restated here. No public comments 

were received on the NPR. 

II. Final Action 

EPA is taking final actions on the 

redesignation requests and SIP revisions 

for the Charleston Area submitted by the 

State of West Virginia on December 6, 

2012 for the 1997 annual and 2006 24- 

hour PM2.5 NAAQS. First, EPA is 

approving West Virginia’s redesignation 

requests for the Charleston Area for the 

1997 annual and 2006 24-hour PM2.5

NAAQS, because EPA has determined 

that the requests meet the redesignation 

criteria set forth in section 107(d)(3)(E) 

of the CAA for these NAAQS. Second, 

EPA is finding that the Charleston Area 

is attaining and will continue to attain 

both the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. Third, EPA is approving 

the associated maintenance plans for the 

Area as revisions to the West Virginia 

SIP for the 1997 annual and 2006 24- 

hour PM2.5 NAAQS because they meet 

the requirements of section 175A of the 

CAA. EPA is also approving for both 

standards West Virginia’s transportation 

conformity insignificant determinations 

for PM2.5 and NOX emissions for the 

Area. Finally, EPA is approving the 

2008 comprehensive emissions 

inventory for the Area for the 2006 24- 


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Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 17885 

hour PM2.5 NAAQS as a revision to the 

West Virginia SIP because it meets the 

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

CAA. Approval of these redesignation 

requests will change the official 

designations of the Charleston Area 

from nonattainment to attainment for 

the 1997 annual and the 2006 24-hour 

PM2.5 NAAQS. 

III. 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. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 30, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action 

approving the redesignation requests, 

the maintenance plans, the 

comprehensive emissions inventory and 

transportation conformity insignificance 

determination for the Charleston Area 

for the 1997 annual and the 2006 24- 

hour PM2.5 NAAQS, may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

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

Dated: March 13, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMEMTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding an entry for 

the 1997 Annual and the 2006 24-Hour 

PM2.5 Maintenance Plan for the 

Charleston Area at the end of the table 

to read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision 

Applicable 

geographic area 

State submittal 

date EPA approval date Additional explanation 

*******

1997 Annual and 2006 24-Hour 

PM2.5 Maintenance Plan for the 

Charleston Area.

Kanawha and 

Putnam Counties.

12/6/12 

6/24/13 

3/31/14 [Insert page number 

where the document begins].

See § 52.2526(j) and § 52.2531(g). 


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17886 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 

■ 3. Section 52.2526 is amended by 

adding paragraph (j) to read as follows: 

§ 52.2526 Control strategy: Particular 

matter. 

* * * * * 

(j) EPA approves the maintenance 

plan for the Charleston PM2.5

Nonattainment Area (Kanawha and 

Putnam Counties). The maintenance 

plan establishes a determination of 

insignificance for PM2.5 and NOX for 

transportation conformity purposes. 

■ 4. Section 52.2531 is amended by 

adding paragraph (g) to read as follows: 

§ 52.2531 Base year emissions inventory. 

* * * * * 

(g) EPA approves as a revision to the 

West Virginia State Implementation 

Plan the comprehensive emissions 

inventory for the Charleston fine 

particulate matter (PM2.5) nonattainment 

area submitted by the West Virginia 

Department of Environmental Protection 

on December 6, 2012 and June 24, 2013. 

The emissions inventory includes 

emissions estimates that cover the 

general source categories of point 

sources, nonroad mobile sources, area 

sources, onroad mobile sources and 

biogenic sources. The pollutants that 

comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOC), PM2.5, ammonia 

(NH3), and sulfur dioxide (SO2). 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 5. The authority citation for Part 81 

continues to read as follows: 

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

■ 6. In § 81.349, the tables for West 

Virginia—PM2.5 (Annual NAAQS) and 

West Virginia—PM2.5 (24-hour NAAQS) 

are amended by revising the entries for 

the Charleston Area to read as follows: 

§ 81.349 West Virginia. 

* * * * * 

WEST VIRGINIA—PM2.5

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

*******

Charleston, WV: 

Kanawha County .................................................................................................................................... 3/31/14 Attainment 

Putnam County ....................................................................................................................................... 3/31/14 Attainment 

* * * * * * * 

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

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

WEST VIRGINIA—PM2.5

[24-hour NAAQS] 

Designated area 

Designation for the 1997 NAAQSa Designation for the 2006 NAAQSa

Date 1 Type Date 2 Type 

*******

Charleston, WV: 

Kanawha County .............. Unclassifiable/Attainment ............... 3/31/14 Attainment 

Putnam County ................ Unclassifiable/Attainment ............... 3/31/14 Attainment 

*******

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

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

2This date is 30 days after November 13, 2009, unless otherwise noted. 

* * * * * 

[FR Doc. 2014–06955 Filed 3–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2013–0164; FRL–9908–89– 

Region–3] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; 

Commonwealth of Virginia; Control of 

Emissions From Existing Sewage 

Sludge Incineration Units 

AGENCY: The Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a section 

111(d)/129 plan submitted by the 

Commonwealth of Virginia for sewage 

sludge incineration (SSI) units. The 

section 111(d)/129 plan contains a state 

rule for existing SSI units that was 

submitted as a result of the March 21, 

2011, promulgation of Federal new 

source performance standards (NSPS) 

and emission guidelines for SSI units. 

This action is being taken under 

sections 111(d) and 129 of the Clean Air 

Act (CAA). 


emcdonald on DSK67QTVN1PROD with RULES