Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations 45613 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0411; FRL–9931–56– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; 2011 Base Year Emissions 

Inventory for the Marshall, West 

Virginia Nonattainment Area for the 

2010 1-Hour Sulfur Dioxide National 

Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the 2011 base year 

emissions inventory submitted by the 

State of West Virginia for the 2010 

1-hour sulfur dioxide (SO2) National 

Ambient Air Quality Standard 

(NAAQS). The emissions inventory was 

submitted to meet one of the 

nonattainment requirements for the 

Marshall, West Virginia nonattainment 

area (Marshall Area or Area) for the 

2010 1-hour SO2 NAAQS. EPA is 

approving the 2011 base year emissions 

inventory for the 2010 1-hour SO2

NAAQS for the Marshall Area in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on 

September 29, 2015 without further 

notice, unless EPA receives adverse 

written comment by August 31, 2015. 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–2015–0411 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2015–0411, 

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–2015– 

0411. 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 

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 is 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: 

Marilyn Powers, (215) 814–2308, or by 

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Summary of West Virginia’s Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

In June 2010, EPA promulgated a new 

1-hour primary SO2 NAAQS of 75 parts 

per billion (ppb), which is met at an 

ambient air quality monitoring site 

when the 3-year average of the annual 

99th percentile of 1-hour daily 

maximum concentrations does not 

exceed 75 ppb, as determined in 

accordance with Appendix T of 40 CFR 

part 50. See 40 CFR 50.17(a)–(b). On 

August 5, 2013, the EPA designated 29 

areas of the country, including the 

Marshall Area, as nonattainment for the 

2010 SO2 NAAQS (77 FR 47191). The 

Marshall Area is comprised of Clay, 

Franklin, and Washington Tax Districts 

in Marshall County, West Virginia. 

An area designated as nonattainment 

for the 2010 1-hour SO2 NAAQS is 

required to submit a nonattainment SIP 

to EPA meeting the requirements of 

subparts 1 and 5 of part D, of Title I of 

the CAA, providing for attainment of the 

NAAQS by the applicable statutory 

attainment date. See CAA sections 172 

and 191–192. These SIPs are required to 

provide for future attainment of the 

2010 1-hour SO2 NAAQS as 

expeditiously as practicable, but no later 

than 5 years from the effective date of 

designation as nonattainment. One of 

the requirements for states with an SO2

nonattainment area is the submission of 

an emissions inventory. Section 

172(c)(3) requires the submission of a 

comprehensive, accurate, current 

accounting of actual emissions from all 

sources of the relevant pollutant in the 

nonattainment area. 

II. Summary of West Virginia’s 

Submittal 

On May 6, 2015, the West Virginia 

Department of Environmental Protection 

(WVDEP) submitted the 2011 base year 

emissions inventory for the Marshall 

Area for the 2010 1-hour SO2 NAAQS to 

meet the requirements of CAA section 

172(c)(3). The base year inventory 

includes actual annual emissions of SO2

that cover the general source categories 

of stationary point sources, stationary 

nonpoint sources, nonroad mobile 

sources, and onroad mobile sources. For 

the purpose of the base year inventory, 

emissions from the entire county were 

submitted. WVDEP used emissions from 

EPA’s 2011 National Emissions 

Inventory (NEI) version 2 for the base 


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45614 Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations 

year inventory. EPA reviewed the 

results, procedures, and methodologies 

for the base year inventory and found 

them to be acceptable. EPA’s technical 

support document (TSD) for the base 

year inventory, dated June 8, 2015, is 

available in the docket for this proposed 

rulemaking action at Docket ID number 

EPA–R03–OAR–2015–0411. 

III. Final Action 

Pursuant to section 172(c) of the CAA, 

EPA is approving the 2011 base year 

emissions inventory submitted by the 

State of West Virginia for the 2010 

1-hour SO2 NAAQS as a revision to the 

West Virginia SIP. EPA is publishing 

this rule without prior proposal because 

EPA views this as a noncontroversial 

amendment and anticipates no adverse 

comment. 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 revisions if adverse 

comments are filed. This rule will be 

effective on September 29, 2015 without 

further notice unless EPA receives 

adverse comment by August 31, 2015. 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. 

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. 

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 September 29, 2015. 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 action. 

This action approving the 2011 base 

year emissions inventory for the 

Marshall, West Virginia nonattainment 

area for the 2010 1-hour SO2 NAAQS 

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, Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Dated: July 20, 2015. 

William C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

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 XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding the entry 

‘‘2011 Base Year Emissions Inventory 

for the 2010 1-hour SO2 standard’’ at the 

end of the table to read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations 45615 

Name of non-regulatory SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

2011 Base Year Emissions Inventory for the 2010 1-hour SO2

standard.

Marshall, West Virginia 2010 1-hour 

SO2 nonattainment area.

5/6/2015 7/31/2015 [Insert Federal Register 

citation].

§ 52.2531(i) 

■ 3. In § 52.2531, paragraph (i) is added 

to read as follows: 

§ 52.2531 Base year emissions inventory. 

* * * * * 

(i) EPA approves as a revision to the 

West Virginia State Implementation 

Plan the 2011 base year emissions 

inventory for the Marshall, West 

Virginia 2010 1-hour SO2 nonattainment 

area submitted by the West Virginia 

Department of Environmental Protection 

on May 6, 2015. The 2011 base year 

emissions inventory for SO2 includes 

emissions estimates that cover the 

general source categories of point 

sources, nonpoint sources, on road 

sources, and non-road sources. 

[FR Doc. 2015–18760 Filed 7–30–15; 8:45 am] 

BILLING CODE 6560–50–P 


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