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[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Proposed Rules]
[Pages 71371-71382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29005]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2012-0338; FRL-9756-6]

Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; Redesignation of the Ohio Portion of the Wheeling Area to 
Attainment of the 1997 Annual Standard for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On April 16, 2012, the Ohio Environmental Protection Agency 
submitted a request for EPA to approve the redesignation of the Ohio 
portion of the Wheeling, West Virginia-Ohio (WV-OH), nonattainment area 
to attainment of the 1997 annual standard for fine particulate matter 
(PM2.5). EPA is proposing to approve Ohio's request. EPA is 
proposing to determine that the entire Wheeling West Virginia-Ohio area 
attains the 1997 annual PM2.5 standard, based on the most 
recent three years of certified air quality data. EPA is proposing to 
approve, as revisions to the Ohio State Implementation Plan (SIP), the 
state's plan for maintaining the 1997 annual PM2.5 National 
Ambient Air Quality Standard (NAAQS) through 2022 in the Ohio portion 
of the area. EPA is proposing to approve a 2005 emissions inventory for 
the Ohio portion of the Wheeling area as meeting the comprehensive 
emissions inventory requirement of the Clean Air Act (CAA or Act). 
Ohio's maintenance plan submission includes an insignificance finding 
for the mobile source contribution of PM2.5 and nitrogen 
oxides (NOX) to Ohio's portion of the Wheeling 
PM2.5 Area for transportation conformity purposes; EPA 
agrees with this finding and proposes to determine the insignificance 
of the 2022 motor vehicle emission budget (MVEB) for the Ohio portion 
of the Wheeling area for transportation conformity purposes.

DATES: Comments must be received on or before December 31, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0338, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: blakley.pamela@epa.gov.
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section 
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted 
during the Regional Office normal hours of operation, and special 
arrangements should be made for deliveries of boxed information. The 
Regional Office official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0338. 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. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Anthony Maietta, Environmental 
Protection Specialist, at (312) 353-8777 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
maietta.anthony@epa.gov.

SUPPLEMENTARY INFORMATION: This supplementary information section is 
arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What actions is EPA proposing to take?
III. What is the background for these actions?
IV. What are the criteria for redesignation to attainment?
V. What is EPA's analysis of the state's request?
    1. Attainment
    2. The Area Has Met All Applicable Requirements under Section 
110 and

[[Page 71372]]

Part D and Has a Fully Approved SIP Under Section 110(k) (Sections 
107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
    3. The Improvement in Air Quality Is Due to Permanent and 
Enforceable Reductions in Emissions Resulting From Implementation of 
the SIP and Applicable Federal Air Pollution Control Regulations and 
Other Permanent and Enforceable Reductions (Section 
107(d)(3)(E)(iii))
    4. Ohio Has a Fully Approved Maintenance Plan Pursuant to 
Section 175A of the CAA (Section 107(d)(3)(E)(iv))
    5. Insignificance Determination for the Mobile Source 
Contribution to PM2.5 and NOX
    6. 2005 Comprehensive Emissions Inventory
    7. Summary of Proposed Actions
VI. What are the effects of EPA's proposed actions?
VII. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What actions is EPA proposing to take?

    EPA is proposing to take several actions related to redesignation 
of the Ohio portion of the Wheeling area to attainment for the 1997 
annual PM2.5 NAAQS. In addition to EPA's December 2, 2011 
determination that the area meets the NAAQS for PM2.5 based 
on quality-assured, certified 2007-2009 ambient air monitoring data (76 
FR 75464), we are proposing to determine that the area continues to 
attain the NAAQS for PM2.5, based on quality-assured and 
certified ambient air monitoring data for 2009-2011, the most recent 
three years of quality-assured data for the area. EPA is proposing to 
find that Ohio meets the requirements for redesignation of the Wheeling 
area to attainment of the 1997 PM2.5 NAAQS under section 
107(d)(3)(E) of the CAA. EPA is thus proposing to approve Ohio's 
request to change the legal designation of its portion of the Wheeling 
area from nonattainment to attainment of the 1997 annual 
PM2.5 NAAQS. This action would not change the legal 
designation of the West Virginia portion of the area, which will be 
redesignated in a separate rulemaking.
    Second, EPA is proposing to approve Ohio's annual PM2.5 
maintenance plan for the Wheeling area as a revision to the Ohio SIP, 
including the insignificance determination for PM2.5 and 
NOX emissions for the mobile source contribution of the Ohio 
portion of the Wheeling area.
    Finally, EPA is proposing to approve the 2005 primary 
PM2.5, NOX and sulfur dioxide (SO2) 
emissions inventories as satisfying the requirement in section 
172(c)(3) of the CAA for a current, accurate and comprehensive emission 
inventory.
    Therefore, EPA is proposing to approve the request from the State 
of Ohio to change the designation of Belmont County (the Ohio portion 
of the Wheeling area) from nonattainment to attainment of the 1997 
annual PM2.5 NAAQS. This action would not change the legal 
designation of the West Virginia portion of the area. The West Virginia 
portion of the area will be redesignated in a separate rulemaking.

III. What is the background for these actions?

    Fine particulate pollution can be emitted directly from a source 
(primary PM2.5) or formed secondarily through chemical 
reactions in the atmosphere involving precursor pollutants emitted from 
a variety of sources. Sulfates are a type of secondary particulate 
formed from SO2 emissions from power plants and industrial 
facilities. Nitrates, another common type of secondary particulate, are 
formed from combustion emissions of NOX from power plants, 
mobile sources and other combustion sources.
    The first air quality standards for PM2.5 were 
promulgated on July 18, 1997, at 62 FR 38652. EPA promulgated an annual 
standard at a level of 15 micrograms per cubic meter ([mu]g/m\3\) of 
ambient air, based on a three-year average of the annual mean 
PM2.5 concentrations at each monitoring site. In the same 
rulemaking, EPA promulgated a 24-hour PM2.5 standard at 65 
[mu]g/m\3\, based on a three-year average of the annual 98th percentile 
of 24-hour PM2.5 concentrations at each monitoring site.
    On January 5, 2005, at 70 FR 944, EPA published air quality area 
designations for the 1997 annual PM2.5 standard based on air 
quality data for calendar years 2001-2003. In that rulemaking, EPA 
designated the Wheeling area as nonattainment for the 1997 annual 
PM2.5 standard.
    On October 17, 2006, at 71 FR 61144, EPA retained the annual 
PM2.5 standard at 15 [mu]g/m\3\ (2006 annual 
PM2.5 standard), but revised the 24-hour standard to 35 
[mu]g/m\3\, based again on the three-year average of the annual 98th 
percentile of the 24-hour PM2.5 concentrations. In response 
to legal challenges of the 2006 annual PM2.5 standard, the 
U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) 
remanded this standard to EPA for further consideration. See American 
Farm Bureau Federation and National Pork Producers Council, et al. v. 
EPA, 559 F.3d 512 (D.C. Cir. 2009). Since the Wheeling area is 
designated as nonattainment for the 1997 annual PM2.5 
standard, today's proposed action addresses redesignation to attainment 
only for this standard.
    On December 2, 2011, EPA issued a final determination that the 
entire Wheeling area has attained the 1997 PM2.5 standard by 
the applicable attainment date (76 FR 75464). Ohio's original submittal 
contained complete, quality-assured and certified air monitoring data 
for years through 2010. Based upon our review of complete, quality-
assured and certified ambient air monitoring data from 2009-2011, we 
are proposing to determine that the area continues to attain the 1997 
annual PM2.5 NAAQS. Further, preliminary data for 2012 
indicate that the data will continue to show the area in attainment of 
the 1997 annual PM2.5 NAAQS.

IV. What are the criteria for redesignation to attainment?

    The CAA sets forth the requirements for redesignating a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of 
the CAA allows for redesignation provided that: (1) The Administrator 
determines that the area has attained the applicable NAAQS based on 
current air quality data; (2) the Administrator has fully approved an 
applicable SIP for the area under section 110(k) of the CAA; (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable emission reductions resulting from 
implementation of the

[[Page 71373]]

applicable SIP, Federal air pollution control regulations and other 
permanent and enforceable emission reductions; (4) the Administrator 
has fully approved a maintenance plan for the area meeting the 
requirements of section 175A of the CAA; and (5) the state containing 
the area has met all requirements applicable to the area for purposes 
of redesignation under section 110 and part D of the CAA.

V. What is EPA's analysis of the state's request?

    EPA is proposing to approve the redesignation of the Ohio portion 
of the Wheeling area to attainment of the 1997 annual PM2.5 
NAAQS and is proposing to approve Ohio's maintenance plan for the area 
and other related SIP revisions. The bases for these actions follow.

1. Attainment

    As noted above, in a rulemaking published on December 2, 2011, EPA 
determined that the Wheeling area had attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date. The basis and 
effect of this determination were discussed in the notices of proposed 
(76 FR 43634) and final (76 FR 75464) rulemaking. The determination was 
based on quality-assured air quality monitoring data for 2007-2009 
showing the area has met the standard. The data have been certified by 
West Virginia, where the air quality monitors for this area are 
located.
    In this action, we are proposing to determine that the Wheeling 
area continues to attain the 1997 annual PM2.5 NAAQS based 
upon the most recent three years of complete, certified and quality-
assured data. Under EPA's regulations at 40 CFR 50.7, the annual 
primary and secondary PM2.5 standards are met when the 
annual arithmetic mean concentration, as determined in accordance with 
40 CFR part 50, appendix N, is less than or equal to 15.0 [mu]g/m\3\ at 
all relevant monitoring sites in the area.
    EPA has reviewed the ambient air quality monitoring data in the 
Wheeling area, consistent with the requirements contained at 40 CFR 
part 50. EPA's review focused on data recorded in the EPA Air Quality 
System (AQS) database for the Wheeling PM2.5 nonattainment 
area from 2009-2011. EPA also considered preliminary data for 2012, 
which have not yet been certified.
    The Wheeling area has two monitors located in Marshall and Ohio 
Counties, West Virginia, that reported a design value from 2008-2010, 
the most recent three full years of data, for PM2.5 that 
measured 13.1 and 12.4 [mu]g/m\3\ for the 1997 annual standard. The 
monitors in the Wheeling area recorded complete data in accordance with 
criteria set forth by EPA in 40 CFR part 50, Appendix N, where a 
complete year of air quality data comprises four calendar quarters, 
with each quarter containing data with at least 75 percent capture of 
the scheduled sampling days. Available data are considered to be 
sufficient for comparison to the NAAQS if three consecutive complete 
years of data exist.

Table 1--The 1997 Annual PM2.5 Design Values for the Wheeling Monitor With Complete Data for the 2007-2009, 2008-
                               2010 and 2009-2011 Design Values 1 in Micrograms/m3
----------------------------------------------------------------------------------------------------------------
                                                                      Annual          Annual          Annual
                                                                     standard        standard        standard
                     County                           Monitor      design value    design value    design value
                                                                     2007-2009       2008-2010       2009-2011
                                                                   ([mu]g/m\3\)    ([mu]g/m\3\)    ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Marshall, WV....................................       541071002            13.4            13.1            13.0
Ohio, WV........................................       540690010            13.2            12.4            11.9
----------------------------------------------------------------------------------------------------------------
\1\ As defined in 40 CFR 50 Appendix N(1)(c).

    EPA's review of monitoring data from the 2007-2009, 2008-2010 and 
2009-2011 monitoring periods supports EPA's determination that the 
Wheeling area has monitored attainment for each time period. 
Additionally, because the preliminary monitoring data for 2012 are 
consistent with the area's continued attainment. Therefore, EPA 
proposes to determine that the Wheeling area continues to attain the 
1997 annual PM2.5 standard.

2. The Area Has Met All Applicable Requirements Under Section 110 and 
Part D and Has a Fully Approved SIP Under Section 110(k) (Sections 
107(d)(3)(E)(v) and 107(d)(3)(E)(ii))

    We believe that Ohio has met all currently applicable SIP 
requirements for purposes of redesignation for the Ohio portion of the 
Wheeling area under section 110 of the CAA (general SIP requirements). 
We are also proposing to find that the Ohio SIP meets all SIP 
requirements currently applicable for purposes of redesignation under 
part D of title I of the CAA, in accordance with section 
107(d)(3)(E)(v). We are proposing to find that all applicable 
requirements of the Ohio SIP for purposes of redesignation have been, 
in accordance with section 107(d)(3)(E)(ii). As discussed below, in 
this action EPA is proposing to approve Ohio's 2005 emissions inventory 
as meeting the section 172(c)(3) comprehensive emissions inventory 
requirement.
    In making these proposed determinations, we have ascertained which 
SIP requirements are applicable for purposes of redesignation, and 
concluded that there are SIP measures meeting those requirements and 
that they are approved or will be approved by the time of final 
rulemaking.
a. Ohio Has Met All Applicable Requirements for Purposes of 
Redesignation of the Ohio Portion of the Area Under Section 110 and 
Part D of the CAA
i. Section 110 General SIP Requirements
    Section 110(a) of title I of the CAA contains the general 
requirements for a SIP. Section 110(a)(2) provides that the 
implementation plan submitted by a state must have been adopted by the 
state after reasonable public notice and hearing, and, among other 
things, must: include enforceable emission limitations and other 
control measures, means or techniques necessary to meet the 
requirements of the CAA; provide for establishment and operation of 
appropriate devices, methods, systems and procedures necessary to 
monitor ambient air quality; provide for implementation of a source 
permit program to regulate the modification and construction of any 
stationary source within the areas covered by the plan; include 
provisions for the

[[Page 71374]]

implementation of part C, Prevention of Significant Deterioration (PSD) 
and part D, New Source Review (NSR) permit programs; include criteria 
for stationary source emission control measures, monitoring and 
reporting; include provisions for air quality modeling; and provide for 
public and local agency participation in planning and emission control 
rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain measures 
to prevent sources in a state from significantly contributing to air 
quality problems in another state. EPA believes that the requirements 
linked with a particular nonattainment area's designation are the 
relevant measures to evaluate in reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a state regardless of the designation of any one particular 
area in the state. Thus, we believe that these requirements should not 
be construed to be applicable requirements for purposes of 
redesignation.
    Further, we believe that the other section 110 elements described 
above that are not connected with nonattainment plan submissions and 
not linked with an area's attainment status are also not applicable 
requirements for purposes of redesignation. A state remains subject to 
these requirements after an area is redesignated to attainment. We 
conclude that only the section 110 and part D requirements that are 
linked with a particular area's designation are the relevant measures 
which we may consider in evaluating a redesignation request. This 
approach is consistent with EPA's existing policy on applicability of 
conformity and oxygenated fuels requirements for redesignation 
purposes, as well as with section 184 ozone transport requirements. See 
Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174-
53176, October 10, 1996) and (62 FR 24826, May 7, 1997); Cleveland-
Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May 7, 1996); and 
Tampa, Florida, final rulemaking (60 FR 62748, December 7, 1995). See 
also the discussion on this issue in the Cincinnati, Ohio 1-hour ozone 
redesignation (65 FR 37890, June 19, 2000), and in the Pittsburgh, 
Pennsylvania 1-hour ozone redesignation (66 FR 50399, October 19, 
2001).
    We have reviewed the Ohio SIP and have concluded that it meets the 
general SIP requirements under section 110 of the CAA to the extent 
they are applicable for purposes of redesignation. EPA has previously 
approved provisions of Ohio's SIP addressing section 110 requirements, 
including provisions addressing particulate matter, at 40 CFR 52.1870, 
respectively). On December 5, 2007, and September 4, 2009, Ohio made 
submittals addressing ``infrastructure SIP'' elements required under 
CAA section 110(a)(2). EPA proposed approval of the December 5, 2007, 
submittal on April 28, 2011, at 76 FR 23757, and published final 
approval on July 14, 2011, at 76 FR 41075. The requirements of section 
110(a)(2), however, are statewide requirements that are not linked to 
the PM2.5 nonattainment status of the Wheeling area. 
Therefore, EPA believes that these SIP elements are not applicable 
requirements for purposes of review of the state's PM2.5 
redesignation request.
ii. Part D Requirements
    EPA is proposing to determine that, upon approval of the base year 
emissions inventories discussed in section V(6) of this rulemaking, the 
Ohio SIP will meet the SIP requirements for the Ohio portion of the 
Wheeling area applicable for purposes of redesignation under part D of 
the CAA.
    Subpart 1 of part D, found in sections 172-176 of the CAA, sets 
forth the basic nonattainment requirements applicable to all 
nonattainment areas.
Subpart 1 Section 172 Requirements
    For purposes of evaluating this redesignation request, the 
applicable section 172 SIP requirements for the Ohio portion of the 
Wheeling area are contained in section 172(c)(1)-(9). A thorough 
discussion of the requirements contained in section 172 can be found in 
the General Preamble for Implementation of title I (57 FR 13498, April 
16, 1992).
    Section 172(c)(1) requires the plans for all nonattainment areas to 
provide for the implementation of all Reasonably Achievable Control 
Measures (RACM) as expeditiously as practicable and to provide for 
attainment of the primary NAAQS. EPA interprets this requirement to 
impose a duty on all nonattainment areas to consider all available 
control measures and to adopt and implement such measures as are 
reasonably available for implementation in each area as components of 
the area's attainment demonstration. Because attainment has been 
reached, no additional measures are needed to provide for attainment, 
and section 172(c)(1) requirements are no longer considered to be 
applicable as long as the area continues to attain the standard until 
redesignation. (40 CFR 51.1004(c).)
    The Reasonable Further Progress (RFP) requirement under section 
172(c)(2) is defined as progress that must be made toward attainment. 
This requirement is not relevant for purposes of redesignation because 
the Wheeling area has monitored attainment of the 1997 annual 
PM2.5 NAAQS. (General Preamble, 57 FR 13564). See also 40 
CFR 51.918. In addition, because the Wheeling area has attained the 
1997 annual PM2.5 NAAQS and is no longer subject to an RFP 
requirement, the requirement to submit the section 172(c)(9) 
contingency measures is not applicable for purposes of redesignation. 
Id.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. Ohio 
submitted a 2005 base year emissions inventory along with their 
redesignation request. As discussed below in section V.6, EPA is 
approving the 2005 base year inventory as meeting the section 172(c)(3) 
emissions inventory requirement for the Ohio portion of the Wheeling 
area.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources in an 
area, and section 172(c)(5) requires source permits for the 
construction and operation of new and modified major stationary sources 
anywhere in the nonattainment area. EPA approved Ohio's current NSR 
program on January 10, 2003 (68 FR 1366). Nonetheless, since PSD 
requirements will apply after redesignation, the area need not have a 
fully-approved NSR program for purposes of redesignation, provided that 
the area demonstrates maintenance of the NAAQS without part D NSR. A 
detailed rationale for this view is described in a memorandum from Mary 
Nichols, Assistant Administrator for Air and Radiation, dated October 
14, 1994, entitled, ``Part D New Source Review Requirements for Areas 
Requesting Redesignation to Attainment.'' Ohio has demonstrated that 
the Wheeling area will be able to maintain the standard without part D 
NSR in effect; therefore, the state need not have a fully approved part 
D NSR program prior to approval of the redesignation request. The 
state's PSD program will become effective in the Wheeling area upon 
redesignation to attainment. See rulemakings for Detroit, Michigan (60 
FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 
20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, 
October 23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June 
21, 1996).

[[Page 71375]]

    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the standard. Because attainment 
has been reached, no additional measures are needed to provide for 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we believe the Ohio's 
SIP meets the requirements of section 110(a)(2) applicable for purposes 
of redesignation.
Subpart 1 Section 176(c)(4)(D) Conformity SIP Requirements
    The requirement to determine conformity applies to transportation 
plans, programs and projects developed, funded or approved under title 
23 of the U.S. Code and the Federal Transit Act (transportation 
conformity), as well as to all other Federally-supported or funded 
projects (general conformity).
    Section 176(c) of the CAA was amended by provisions contained in 
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (SAFETEA-LU), which was signed into law on August 10, 
2005 (Public Law 109-59). Among the changes Congress made to this 
section of the CAA were streamlined requirements for state 
transportation conformity SIPs. State transportation conformity 
regulations must be consistent with Federal conformity regulations and 
address three specific requirements related to consultation, 
enforcement and enforceability. EPA believes that it is reasonable to 
interpret the transportation conformity SIP requirements as not 
applying for purposes of evaluating the redesignation request under 
section 107(d) for two reasons.
    First, the requirement to submit SIP revisions to comply with the 
transportation conformity provisions of the CAA continues to apply to 
areas after redesignation to attainment since such areas would be 
subject to a section 175A maintenance plan. Second, EPA's Federal 
conformity rules require the performance of conformity analyses in the 
absence of Federally-approved state rules. Therefore, because areas are 
subject to the transportation conformity requirements regardless of 
whether they are redesignated to attainment and, because they must 
implement conformity under Federal rules if state rules are not yet 
approved, EPA believes it is reasonable to view these requirements as 
not applying for purposes of evaluating a redesignation request. See 
Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), upholding this 
interpretation. See also 60 FR 62748, 62749-62750 (Dec. 7, 1995) 
(Tampa, Florida).
    Ohio has an approved transportation conformity SIP (72 FR 20945). 
Ohio is in the process of updating its approved transportation 
conformity SIP, and EPA will review its provisions when they are 
submitted.
b. The Ohio Portion of the Wheeling Area Has a Fully Approved 
Applicable SIP Under Section 110(k) of the CAA
    Upon final approval of Ohio's comprehensive 2005 emissions 
inventory, EPA will have fully approved the Ohio SIP for the Ohio 
portion of the Wheeling area under section 110(k) of the CAA for all 
requirements applicable for purposes of redesignation to attainment for 
the 1997 annual PM2.5 standard. EPA may rely on prior SIP 
approvals in approving a redesignation request (See page 3 of the 
September 4, 1992, John Calcagni memorandum entitled ``Procedures for 
Processing Requests to Redesignate Areas to Attainment'' (Calcagni 
Memorandum); Southwestern Pennsylvania Growth Alliance v. Browner, 144 
F.3d 984, 989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th Cir. 
2001)), plus any additional measures it may approve in conjunction with 
a redesignation action. See 68 FR 25413, 25426 (May 12, 2003). Since 
the passage of the CAA of 1970, Ohio has adopted and submitted, and EPA 
has fully approved, provisions addressing various required SIP elements 
under particulate matter standards. In this action, EPA is proposing to 
approve Ohio's 2005 base year emissions inventory for the Wheeling area 
as meeting the requirement of section 172(c)(3) of the CAA for the 1997 
annual PM2.5 standard.
c. Nonattainment Requirements
    Under section 172, states with nonattainment areas must submit 
plans providing for timely attainment and meeting a variety of other 
requirements. On July 16, 2008, Ohio submitted a state-wide attainment 
demonstration for PM2.5, including the Wheeling area. 
However, pursuant to 40 CFR 51.1004(c) EPA's determination that the 
area has attained the 1997 PM2.5 annual standard suspends 
the requirement to submit certain planning SIPs related to attainment, 
including attainment demonstration requirements, the Reasonably 
Achievable Control Technology (RACT)-RACM requirement of section 
172(c)(1) of the CAA, the RFP and attainment demonstration requirements 
of sections 172(c)(2) and (6) and 182(b)(1) of the CAA and the 
requirement for contingency measures of section 172(c)(9) of the CAA).
    As a result, the only remaining requirement under section 172 to be 
considered is the emissions inventory required under section 172(c)(3). 
As discussed in a later section, EPA is proposing to approve the 
inventory that Ohio submitted as part of its maintenance plan as 
satisfying this requirement.
    No SIP provisions applicable for redesignation of the Ohio portion 
of the Wheeling area are currently disapproved, conditionally approved 
or partially approved. If EPA approves Ohio's Wheeling area 
PM2.5 emissions inventories as proposed, Ohio will have a 
fully approved SIP for all requirements applicable for purposes of 
redesignation.

3. The Improvement in Air Quality Is Due to Permanent and Enforceable 
Reductions in Emissions Resulting From Implementation of the SIP and 
Applicable Federal Air Pollution Control Regulations and Other 
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))

    EPA believes that Ohio has demonstrated that the observed air 
quality improvement in the Wheeling area is due to permanent and 
enforceable reductions in emissions resulting from implementation of 
the SIP, Federal measures and other state-adopted measures.
    In making this demonstration, Ohio has calculated the change in 
emissions between 2005, one of the years used to designate the Wheeling 
area as nonattainment, and 2008, one of the years the Wheeling area 
monitored attainment. The reduction in emissions and the corresponding 
improvement in air quality over this time period can be attributed to a 
number of regulatory control measures that the Wheeling area and 
contributing areas have implemented in recent years.
a. Permanent and Enforceable Controls Implemented
    The following is a discussion of permanent and enforceable measures 
that have been implemented in the area:
i. Federal Emission Control Measures
    Reductions in fine particle precursor emissions have occurred 
statewide and in upwind areas as a result of Federal emission control 
measures, with additional emission reductions expected to occur in the 
future. Federal emission control measures include the following.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. These emission control requirements

[[Page 71376]]

result in lower NOX and SO2 emissions from new 
cars and light duty trucks, including sport utility vehicles. The 
Federal rules were phased in between 2004 and 2009. The EPA has 
estimated that, by the end of the phase-in period, new vehicles will 
emit the following percentages less NOX: passenger cars 
(light duty vehicles)--77%; light duty trucks, minivans, and sports 
utility vehicles--86%; and, larger sports utility vehicles, vans, and 
heavier trucks--69% to 95%. EPA expects fleet wide average emissions to 
come to decline by similar percentages as new vehicles replace older 
vehicles. The Tier 2 standards also reduced the sulfur content of 
gasoline to 30 parts per million (ppm) beginning in January 2006. Most 
gasoline sold in Ohio prior to January 2006 had a sulfur content of 
about 500 ppm.
    Heavy-Duty Diesel Engine Rule. EPA issued this rule in July 2000. 
This rule includes standards limiting the sulfur content of diesel 
fuel, which went into effect in 2004. A second phase took effect in 
2007 which reduced fine particle emissions from heavy-duty highway 
engines and further reduced the highway diesel fuel sulfur content to 
15 ppm. The total program is estimated to achieve a 90% reduction in 
direct PM2.5 emissions and a 95% reduction in NOX 
emissions for these new engines using low sulfur diesel, compared to 
existing engines using higher sulfur content diesel. The reduction in 
fuel sulfur content also yielded an immediate reduction in sulfate 
particle emissions from all diesel vehicles.
    Nonroad Diesel Rule. In May 2004, EPA promulgated a new rule for 
large nonroad diesel engines, such as those used construction, 
agriculture and mining equipment, to be phased in between 2008 and 
2014. The rule also reduces the sulfur content in nonroad diesel fuel 
by over 99%. Prior to 2006, nonroad diesel fuel averaged approximately 
3,400 ppm sulfur. This rule limited nonroad diesel sulfur content to 
500 ppm by 2006, with a further reduction to 15 ppm by 2010. The 
combined engine and fuel rules will reduce NOX and PM 
emissions from large nonroad diesel engines by over 90%, compared to 
current nonroad engines using higher sulfur content diesel. It is 
estimated that compliance with this rule will cut NOX 
emissions from nonroad diesel engines by up to 90%. This rule achieved 
some emission reductions by 2008 and was fully implemented by 2010. The 
reduction in fuel sulfur content also yielded an immediate reduction in 
sulfate particle emissions from all diesel vehicles.
    Nonroad Large Spark-Ignition Engine and Recreational Engine 
Standards. In November 2002 EPA promulgated emission standards for 
groups of previously unregulated nonroad engines. These engines include 
large spark-ignition engines such as those used in forklifts and 
airport ground-service equipment; recreational vehicles using spark-
ignition engines such as off-highway motorcycles, all-terrain vehicles 
and snowmobiles; and recreational marine diesel engines. Emission 
standards from large spark-ignition engines were implemented in two 
tiers, with Tier 1 starting in 2004 and Tier 2 in 2007. Recreational 
vehicle emission standards are being phased in from 2006 through 2012. 
Marine Diesel engine standards were phased in from 2006 through 2009. 
With full implementation of the entire nonroad spark-ignition engine 
and recreational engine standards, an 80% reduction in NOX 
expected by 2020. Some of these emission reductions occurred by the 
2008-2010 period used to demonstrate attainment, and additional 
emission reductions will occur during the maintenance period.
i. Control Measures in Contributing Areas
    Given the significance of sulfates and nitrates in the Wheeling 
area, the area's air quality is strongly affected by regulation of 
SO2 and NOX emissions from power plants.
    NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA 
issued a NOX SIP Call requiring the District of Columbia and 
22 states to reduce emissions of NOX. Affected states were 
required to comply with Phase I of the SIP Call beginning in 2004, and 
Phase II beginning in 2007. Emission reductions resulting from 
regulations developed in response to the NOX SIP Call are 
permanent and enforceable.
    CAIR and the Transport Rule. On May 12, 2005, EPA published the 
Clean Air Interstate Rule (CAIR), which requires significant reductions 
in emissions of SO2 and NOX from electric 
generating units to limit the interstate transport of these pollutants 
and the ozone and fine particulate matter they form in the atmosphere. 
See 76 FR 70093. The DC Circuit initially vacated CAIR, North Carolina 
v. EPA, 531 F.3d 896 (DC Cir. 2008), but ultimately remanded the rule 
to EPA without vacatur to preserve the environmental benefits provided 
by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (DC Cir. 2008). In 
response to the court's decision, EPA issued the Transport Rule, also 
known as the Cross-State Air Pollution Rule, to address interstate 
transport of NOX and SO2 in the eastern United 
States. See 76 FR 48208 (August 8, 2011). On August 21, 2012, the DC 
Circuit issued a decision to vacate the Transport Rule. In that 
decision, it also ordered EPA to continue administering CAIR ``pending 
the promulgation of a valid replacement.'' EME Homer Generation, L.P. 
v. EPA, No. 11-1302 (DC Cir., August 21, 2012).\2\
---------------------------------------------------------------------------

    \2\ The court's judgment is not final, as of October 31, 2012, 
as the mandate has not yet been issued.
---------------------------------------------------------------------------

    In light of these unique circumstances and for the reasons 
explained below, EPA proposes to approve the redesignation request and 
the related SIP revision for Belmont County in Ohio, including Ohio's 
plan for maintaining attainment of the PM2.5 standard in the 
Ohio portion of the Wheeling Area. The air quality modeling analysis 
conducted for the Transport Rule demonstrates that the Wheeling area 
would be able to attain the PM2.5 standard even in the 
absence of either CAIR or the Transport Rule. See ``Air Quality 
Modeling Final Rule Technical Support Document,'' App. B, B-62 to B-
134. This modeling is available in the docket for this proposed 
redesignation action.
    In addition, CAIR remains in place and enforceable until 
substituted by a valid replacement rule. Ohio's CAIR SIP was approved 
on September 25, 2009 (74 FR 48857). As a result of CAIR, EPA projected 
that in 2009 emissions of NOX would decrease from a baseline 
of 264,000 tons per year (tpy) to 93,000 tpy while in 2010 emissions of 
SO2 would decrease from a baseline of 1,373,000 tpy to 
298,000 tpy within Ohio. And by 2015, we projected emissions of 
NOX would decrease to 83,000 tpy while emissions of 
SO2 would decrease to 208,000 tpy within Ohio (http://www.epa.gov/CAIR/oh.html). The monitoring data used to demonstrate the 
area's attainment of the 1997 Annual PM2.5 NAAQS by the 
April 2010 attainment deadline was also impacted by CAIR. To the extent 
that Ohio is relying on CAIR in its maintenance plan, the recent 
directive from the DC Circuit in EME Homer ensures that the reductions 
associated with CAIR will be permanent and enforceable for the 
necessary time period. EPA has been ordered by the court to develop a 
new rule and the opinion makes clear that after promulgating that new 
rule EPA must provide states an opportunity to draft and submit SIPs to 
implement that rule. CAIR thus cannot be replaced until EPA has 
promulgated a final rule through a notice-and-comment rulemaking 
process, states have had an opportunity to draft and submit SIPs, EPA 
has reviewed the SIPs to determine if they can be approved, and EPA has

[[Page 71377]]

taken action on the SIPs, including promulgating a Federal 
Implementation Plan (FIP) if appropriate. These steps alone will take 
many years, even with EPA and the states acting expeditiously. The 
court's clear instruction to EPA that it must continue to administer 
CAIR until a ``valid replacement'' exists provides an additional 
backstop; by definition, any rule that replaces CAIR and meets the 
court's direction would require upwind states to have SIPs that 
eliminate significant contributions to downwind nonattainment and 
prevent interference with maintenance in downwind areas.
    Further, in vacating the Transport Rule and requiring EPA to 
continue administering CAIR, the DC Circuit emphasized that the 
consequences of vacating CAIR ``might be more severe now in light of 
the reliance interests accumulated over the intervening four years.'' 
EME Homer, slip op. at 60. The accumulated reliance interests include 
the interests of states who reasonably assumed they could rely on 
reductions associated with CAIR which brought certain nonattainment 
areas into attainment with the NAAQS. If EPA were prevented from 
relying on reductions associated with CAIR in redesignation actions, 
states would be forced to impose additional, redundant reductions on 
top of those achieved by CAIR. EPA believes this is precisely the type 
of irrational result the court sought to avoid by ordering EPA to 
continue administering CAIR. For these reasons also, EPA believes it is 
appropriate to allow states to rely on CAIR, and the existing emissions 
reductions achieved by CAIR, as sufficiently permanent and enforceable 
for purposes such as redesignation. Following promulgation of the 
replacement rule, EPA will review SIPs as appropriate to identify 
whether there are any issues that need to be addressed.
b. Emission Reductions
    Ohio developed emissions inventories for NOX, direct 
PM2.5 and SO2 for 2005, one of the years used to 
designate the area as nonattainment, and 2008, one of the years the 
Wheeling area monitored attainment of the standard.
    Electric Generating Unit (EGU) SO2 and NOX 
emissions were derived from EPA's Clean Air Market's acid rain 
database. These emissions reflect Ohio and West Virginia NOX 
emission budgets resulting from EPA's NOX SIP call. The 2008 
emissions from EGUs reflect Ohio's emission caps under CAIR. All other 
point source emissions were obtained from Ohio's source facility 
emissions reporting.
    Area source emissions the Wheeling area for 2005 were taken from 
periodic emissions inventories.\3\ These 2005 area source emission 
estimates were extrapolated to 2008. Source growth factors were 
supplied by the Lake Michigan Air Directors Consortium (LADCO).
---------------------------------------------------------------------------

    \3\ Periodic emission inventories are derived by states every 
three years and reported to the EPA. These periodic emission 
inventories are required by the Federal Consolidated Emissions 
Reporting Rule, codified at 40 CFR Subpart A. EPA revised these and 
other emission reporting requirements in a final rule published on 
December 17, 2008, at 73 FR 76539.
---------------------------------------------------------------------------

    Non road mobile source emissions were extrapolated from non road 
mobile source emissions reported in EPA's 2005 National Emissions 
Inventory (NEI). Contractors were employed by LADCO to estimate 
emissions for commercial marine vessels and railroads.
    On-road mobile source emissions were calculated using EPA's mobile 
source emission factor model, MOVES2010a, in conjunction with 
transportation model results developed by the local Metropolitan 
Planning Organization (MPO), the Belmont-Ohio-Marshall Regional Council 
(Belomar).
    All emissions estimates discussed below were documented in the 
submittal and appendices of Ohio's redesignation request submittal from 
April 16, 2012. For these data and additional emissions inventory data, 
the reader is referred to EPA's digital docket for this rule, http://www.regulations.gov, for docket number EPA-R05-OAR-2012-0338, which 
includes digital copies of Ohio's submittal.
    Emissions data in tpy for the entire Wheeling area are shown in 
Tables 2 and 3, below.

              Table 2--Summary of 2005 Emissions for the Entire Wheeling Area by Source Type (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                        SO2             NOX            PM2.5
----------------------------------------------------------------------------------------------------------------
Point (EGU).....................................................      133,707.78       35,690.72        3,919.69
Non-EGU.........................................................       19,111.96        3,159.33          539.17
On-road.........................................................           55.7         5,144.43          172.57
Nonroad.........................................................           47.23          505.40           60.63
Area............................................................          427.03        1,081.94          886.62
MAR.............................................................           98.25        1,905.57           68.93
                                                                 -----------------------------------------------
    Total Wheeling..............................................      153,447.95       47,487.39        5,647.61
----------------------------------------------------------------------------------------------------------------

Table 3--Comparison of 2005 Emissions From the Non-Attainment Year and 2008 Emissions for an Attainment Year for
                                         the Entire Wheeling Area (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                                    Net change
                                                                       2005            2008         (2005-2008)
----------------------------------------------------------------------------------------------------------------
PM2.5...........................................................        5,647.61        6,001.46          353.85
NOX.............................................................       47,487.39       35,970.60      -11,516.79
SO2.............................................................      153,447.95       67,103.27      -86,344.68
----------------------------------------------------------------------------------------------------------------

    Table 3 shows that while in the entire Wheeling area shows an 
increase in direct PM2.5 emissions by 353.85 tons, the area 
reduced NOX emissions by 11,516.79 tons and SO2 
emissions by 86,344.68 tons between 2005, a nonattainment year, and 
2008, an attainment year.
    Emissions data in tpy for Belmont County, Ohio (the Ohio portion of 
the Wheeling area) are shown in Tables 4, and 5, below.

[[Page 71378]]

 Table 4--Summary of 2005 Non-Attainment Year Emissions for the Ohio Portion of the Wheeling Area by Source Type
                                                      (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                        SO2             NOX            PM2.5
----------------------------------------------------------------------------------------------------------------
Point (EGU).....................................................       37,329.95        4,149.93           93.85
Non-EGU.........................................................            0.13           22.76            3.39
On-road.........................................................           30.84        3,179.52          105.74
Nonroad.........................................................           21.98          222.46           27.39
Area............................................................           93.50          284.66          307.93
MAR.............................................................           22.84          261.85            6.21
                                                                 -----------------------------------------------
    Total Wheeling..............................................       37,499.24        8,121.18          544.51
----------------------------------------------------------------------------------------------------------------

Table 5--Comparison of 2005 Emissions From the Non-Attainment Year and 2008 Emissions for an Attainment Year for
                                   the Ohio Portion of the Wheeling Area (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                                    Net change
                                                                       2005            2008         (2005-2008)
----------------------------------------------------------------------------------------------------------------
PM2.5...........................................................          544.51          496.81          -47.7
NOX.............................................................        8,121.18        7,513.19         -607.99
SO2.............................................................       37,499.24       15,252.15      -22,247.09
----------------------------------------------------------------------------------------------------------------

    Table 5 shows that the Ohio portion of the Wheeling area reduced 
direct PM2.5 emissions by 47.7 tpy, NOX emissions 
by 607.99 tpy, and SO2 emissions by 22,247.09 tpy between 
2005, a nonattainment year and 2008, an attainment year. The state 
submission includes multiple lines of evidence to show that even with 
the increase in PM2.5 the area has still reached attainment 
of the 1997 annual PM2.5 NAAQS and will continue to maintain 
that designation into the future due to multiple actions on the state's 
behalf. The weight of evidence submitted by the state contains 
modeling, monitoring and trend analysis. The trend analysis for the 
area shows a steady trend of declining PM2.5 monitored data, 
with a significant drop in concentrations beginning in 2006. Since 
meteorology can play a large part in dispersion of PM2.5, 
which can greatly affect monitored concentrations, LADCO and the state 
have normalized the data to remove meteorological effects using a 
statistical analysis, the state has shown in their submission that the 
concentrations observed are due to real reductions in PM2.5 
and its precursors, and not just meteorological effects. In addition, 
control of emissions from local power plants through local and national 
programs have impacted and will continue to impact the area, as we will 
describe below.
    In 2008, the R.E. Burger First Energy Station in Belmont County, 
Ohio, installed advanced selective non-catalytic reduction controls to 
reduce NOX emissions on two Units (Unit 4 and Unit 
5), as part of a federally-enforceable consent decree. In 
December 2010, two 156 megawatt (MW) Units at the R.E. Burger First 
Energy Station were permanently shut down. The results of federally-
mandated consent decree action and the shutdown of two Units at the 
R.E. Burger First Energy Station are that NOX reductions 
from power plants in the Wheeling area have occurred and will continue 
to occur in the future.
    Based on the information summarized above, Ohio has adequately 
demonstrated that the improvement in air quality is due to permanent 
and enforceable emissions reductions.

4. Ohio Has a Fully Approved Maintenance Plan Pursuant to Section 175A 
of the CAA (Section 107(d)(3)(E)(iv))

    In conjunction with Ohio's request to redesignate the Ohio portion 
of the Wheeling nonattainment area to attainment status, Ohio has 
submitted a SIP revision to provide for maintenance of the 1997 annual 
PM2.5 NAAQS in the area through 2022.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the required elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. Under section 175A, the plan must demonstrate continued 
attainment of the applicable NAAQS for at least ten years after EPA 
approves a redesignation to attainment. Eight years after 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for ten 
years following the initial ten-year maintenance period. To address the 
possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures with a schedule for implementation as EPA 
deems necessary to assure prompt correction of any future annual 
PM2.5 violations.
    The Calcagni Memorandum provides additional guidance on the content 
of a maintenance plan. The memorandum states that a maintenance plan 
should address the following items: The attainment emissions 
inventories, a maintenance demonstration showing maintenance for the 
ten years of the maintenance period, a commitment to maintain the 
existing monitoring network, factors and procedures to be used for 
verification of continued attainment of the NAAQS and a contingency 
plan to prevent or correct future violations of the NAAQS.
b. Attainment Inventory
    Ohio developed emissions inventories for NOX, direct 
PM2.5 and SO2 for 2008, one of the years in the 
period during which the Wheeling area monitored attainment of the 1997 
annual PM2.5 standard, as described previously. The 
attainment levels of emissions for the entire area, as well as the 
attainment levels of emissions for the Ohio portion of the area are 
summarized in Tables 3 and 5, above.
c. Demonstration of Maintenance
    Along with the redesignation request, Ohio submitted a revision to 
its PM2.5 SIP to include a maintenance plan for the Wheeling 
area, as required by section 175A of the CAA. Section 175A requires a 
State seeking redesignation to attainment to submit a SIP revision to 
provide for the maintenance of the

[[Page 71379]]

NAAQS in the area ``for at least 10 years after the redesignation.'' 
EPA has interpreted this as a showing of maintenance ``for a period of 
ten years following redesignation.'' Calcagni Memorandum, p. 9. Where 
the emissions inventory method of showing maintenance is used, its 
purpose is to show that emissions during the maintenance period will 
not increase over the attainment year inventory. Calcagni Memorandum, 
pp. 9-10.
    As discussed in detail in the section below, the state's 
maintenance plan submission expressly documents that the area's 
emissions inventories will remain below the attainment year inventories 
through 2022. In addition, for the reasons set forth below, EPA 
believes that the state's submission, in conjunction with additional 
supporting information, further demonstrates that the area will 
continue to maintain the PM2.5 standard at least through 
2023. Thus, if EPA finalizes its proposed approval of the redesignation 
request and maintenance plans in 2013, it is based on a showing, in 
accordance with section 175A, that the state's maintenance plan 
provides for maintenance for at least ten years after redesignation.
    Ohio's plan demonstrates maintenance of the 1997 annual 
PM2.5 standard through 2022 by showing that current and 
future emissions of NOX, directly emitted PM2.5 
and SO2 for the area remain at or below attainment year 
emission levels. A maintenance demonstration need not be based on 
modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. 
EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100 
(October 19, 2001), and 68 FR 25413, 25430-25432 (May 12, 2003).
    Ohio's submission uses emissions inventory projections for the 
years 2015 and 2022 to demonstrate maintenance for the Ohio portion of 
the Wheeling area. The projected emissions were estimated by Ohio, with 
assistance from LADCO and Belmoar using the MOVES2010a model. 
Projection modeling of inventory emissions was done for the 2015 
interim year emissions using estimates based on the 2009 and 2018 LADCO 
modeling inventory, using LADCO's growth factors, for all sectors. The 
2022 maintenance year is based on emissions estimates from the 2018 
LADCO modeling. Table 7 shows the 2008 attainment base year emission 
estimates and the 2015 and 2022 emission projections for the entire 
tri-state Wheeling area that Ohio provided in its April 16, 2012, 
submission.

 Table 7--Comparison of 2008, 2015 and 2022 NOX, Direct PM2.5 and SO2 Emission Totals (tpy) for the Ohio Portion
                                              of the Wheeling Area
----------------------------------------------------------------------------------------------------------------
                                                              SO2                 NOX                PM2.5
----------------------------------------------------------------------------------------------------------------
2008 (baseline).....................................           15,252.15            7,513.19              496.81
2015................................................            8,885.54            6,369.93              387.93
2022................................................            6,517.16            5,803.97              331.83
Change 2008-2022....................................           -8,734.99           -1,709.22             -164.98
                                                            57% decrease        23% decrease        33% decrease
----------------------------------------------------------------------------------------------------------------

    Table 7 shows that the Ohio portion of the Wheeling area reduced 
NOX emissions by 1,709.22 tpy between 2008 and the 
maintenance projection to 2022, direct PM2.5 emissions by 
164.98 tpy, and reduced SO2 emissions by 8,734 tpy between 
2008 and 2022. The 2022 projected emissions levels are significantly 
below attainment year inventory levels, and based on the rate of 
decline, it is highly improbable that any increases in these levels 
will occur in 2023 and beyond.
    EPA has conducted analysis of the area's emission, and has 
concluded that the Wheeling area's emissions can be expected to stay 
well below the level of emissions from their attainment year emissions 
inventory. First, EPA has determined that the overall net rate of 
decline in emissions of PM2.5, NOX and 
SO2 projected from the attainment year 2008 through 2022 are 
approximately 11.8 tpy, 122.1 tpy and 649.6 tpy, respectively. EPA has 
also determined that no control measures taken into account in the 
projected analysis will end in 2023, nor does EPA expect any change in 
growth for the Wheeling area for the maintenance year 2023. The net 
rates of decline, coupled with continued control and growth factors, 
indicate that emissions inventory levels will not only significantly 
decline between 2008 and 2022, but that the reductions will continue 
into 2023 and beyond. Second, EPA notes that the rate of emissions 
decline is consistent with monitored and projected air quality trends. 
As Table 1 demonstrates, monitored PM2.5 design value 
concentrations in Wheeling are well below the NAAQS in the years beyond 
2008, an attainment year for the area. Further, those values are 
trending downward as time progresses. Based on the future projections 
of emissions in 2015 and 2022 showing 13 [mu]g/m\3\ provides a 
sufficient margin in the unlikely event emissions rise slightly in the 
future. We are proposing to find the mobile source contribution to 
these emissions insignificant (see section V(5) of this action for 
further discussion), and the mobile source contribution is expected to 
remain insignificant in 2023 and beyond because of fleet turnover and 
engine emission standards in upcoming years that will result in cleaner 
vehicles and cleaner fuels.
    As described in section V(3)(b) of this action, the result of 
federally-mandated consent decree actions and the shutdown of EGU units 
demonstrate that the NOX reductions from power plants in the 
Wheeling area have occurred and are mandated to continue to occur in 
2023 and beyond. Thus the emissions inventories set forth in Table 7 
show that the area will continue to maintain the annual 
PM2.5 standard during the maintenance period at least 
through 2023. These consent decree actions, along with other consent 
decrees in the area, are significant controls of NOX and 
SO2, along with implementation of Ohio's SIP approved CAIR 
controls for the area.
    In light of the unique circumstances surrounding CAIR and the 
Transport Rule discussed in section V(3)(a)(i)(1) of this action, and 
for the reasons explained below, EPA proposes to approve the 
redesignation request and the related SIP revision for Belmont County 
in Ohio, including Ohio's plan for maintaining attainment of the 
PM2.5 standard in the Ohio portion of the Wheeling Area. The 
air quality modeling analysis conducted for the Transport Rule 
demonstrates that the Wheeling area would be able to attain the 
PM2.5 standard even in the absence of either CAIR or the 
Transport Rule. See ``Air Quality Modeling Final Rule Technical Support 
Document,'' App. B, B-62 to B-134. This modeling is available in the 
docket for this proposed redesignation action.

[[Page 71380]]

    In addition, CAIR remains in place and enforceable until 
substituted by a valid replacement rule. Ohio's CAIR SIP was approved 
on September 25, 2009 (74 FR 48857). As a result of CAIR, EPA projected 
that in 2009 emissions of NOX would decrease from a baseline 
of 264,000 tpy to 93,000 tpy while in 2010 emissions of SO2 
would decrease from a baseline of 1,373,000 tpy to 298,000 tpy within 
Ohio. And by 2015, we project emissions of NOX will decrease 
to 83,000 tpy while emissions of SO2 will decrease to 
208,000 tpy within Ohio (http://www.epa.gov/CAIR/oh.html). The 
monitoring data used to demonstrate the area's attainment of the 1997 
Annual PM2.5 NAAQS by the April 2010 attainment deadline was 
also impacted by CAIR. To the extent that Ohio is relying on CAIR in 
its maintenance plan, the recent directive from the DC Circuit in EME 
Homer ensures that the reductions associated with CAIR will be 
permanent and enforceable for the necessary time period. EPA has been 
ordered by the court to develop a new rule and the opinion makes clear 
that after promulgating that new rule EPA must provide states an 
opportunity to draft and submit SIPs to implement that rule. CAIR thus 
cannot be replaced until EPA has promulgated a final rule through a 
notice-and-comment rulemaking process, states have had an opportunity 
to draft and submit SIPs, EPA has reviewed the SIPs to determine if 
they can be approved, and EPA has taken action on the SIPs, including 
promulgating a FIP if appropriate. These steps alone will take many 
years, even with EPA and the states acting expeditiously. The court's 
clear instruction to EPA that it must continue to administer CAIR until 
a ``valid replacement'' exists provides an additional backstop; by 
definition, any rule that replaces CAIR and meets the court's direction 
would require upwind states to have SIPs that eliminate significant 
contributions to downwind nonattainment and prevent interference with 
maintenance in downwind areas.
    Further, in vacating the Transport Rule and requiring EPA to 
continue administering CAIR, the DC Circuit emphasized that the 
consequences of vacating CAIR ``might be more severe now in light of 
the reliance interests accumulated over the intervening four years.'' 
EME Homer, slip op. at 60. The accumulated reliance interests include 
the interests of states who reasonably assumed they could rely on 
reductions associated with CAIR which brought certain nonattainment 
areas into attainment with the NAAQS. If EPA were prevented from 
relying on reductions associated with CAIR in redesignation actions, 
states would be forced to impose additional, redundant reductions on 
top of those achieved by CAIR. EPA believes this is precisely the type 
of irrational result the court sought to avoid by ordering EPA to 
continue administering CAIR. For these reasons also, EPA believes it is 
appropriate to allow states to rely on CAIR, and the existing emissions 
reductions achieved by CAIR, as sufficiently permanent and enforceable 
for purposes such as redesignation. Following promulgation of the 
replacement rule, EPA will review SIPs as appropriate to identify 
whether there are any issues that need to be addressed.
    Based on the information summarized above, Ohio has adequately 
demonstrated maintenance of the PM2.5 standard in this area 
for a period extending in excess of ten years from expected final 
action on Ohio's redesignation request.
d. Monitoring Network
    Ohio's plan includes a commitment to continue working with West 
Virginia to operate its EPA-approved monitoring network, as necessary 
to demonstrate ongoing compliance with the NAAQS. Ohio currently does 
not operate a PM2.5 monitor in Belmont County to monitor the 
Ohio portion of the Wheeling area. West Virginia currently operates one 
monitor in Marshall County and one monitor in Ohio County for the 
Wheeling area.
e. Verification of Continued Attainment
    Ohio remains obligated to continue to quality-assure monitoring 
data and enter all data into the Air Quality System in accordance with 
Federal guidelines. Ohio will use these data, supplemented with 
additional information as necessary, to assure that the area continues 
to attain the standard. Ohio will also continue to develop and submit 
periodic emission inventories as required by the Federal Consolidated 
Emissions Reporting Rule (67 FR 39602, June 10, 2002) to track future 
levels of emissions. Both of these actions will help to verify 
continued attainment in accordance with 40 CFR part 58.
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all measures with respect to control of the pollutant(s) that 
were contained in the SIP before redesignation of the area to 
attainment. See section 175A(d) of the CAA. Ohio's contingency measures 
include a Warning Level Response and an Action Level Response. An 
initial Warning Level Response is triggered when the average weighted 
annual mean for one year exceeds 15.5 [mu]g/m\3\. In that case, a study 
will be conducted to determine if the emissions trends show increases; 
if action is necessary to reverse emissions increases, Ohio will follow 
the same procedures for control selection and implementation as for an 
Action Level Response.
    The Action Level Response will be prompted by any one of the 
following: a Warning Level Response study that shows emissions 
increases, a weighted annual mean over a two-year average that exceeds 
the standard or a violation of the standard. If an Action Level 
Response is triggered, Ohio will adopt and implement appropriate 
control measures within 18 months from the end of the year in which 
monitored air quality triggering a response occurs.
    Ohio's candidate contingency measures include the following:
    i. ICI Boilers--SO2 and NOX controls;
    ii. Process heaters;
    iii. EGUS;
    iv. Internal combustion engines;
    v. Combustion turbines;
    vi. Other sources > 100 TPY;
    vii. Fleet vehicles;
    viii. Concrete manufacturers and;
    ix. Aggregate processing plants.
    Ohio further commits to conduct ongoing review of its data, and if 
monitored concentrations or emissions are trending upward, Ohio commits 
to take appropriate steps to avoid a violation if possible. Ohio 
commits to continue implementing SIP requirements upon and after 
redesignation.
    EPA believes that Ohio's contingency measures, as well as the 
commitment to continue implementing any SIP requirements, satisfy the 
pertinent requirements of section 175A(d).

[[Page 71381]]

    As required by section 175A(b) of the CAA, Ohio commits to submit 
to the EPA an updated PM2.5 maintenance plan eight years 
after redesignation of the Wheeling area to cover an additional ten-
year period beyond the initial ten-year maintenance period. As required 
by section 175A of the CAA, Ohio has also committed to retain the 
PM2.5 control measures contained in the SIP prior to 
redesignation.
    For all of the reasons set forth above, EPA is proposing to approve 
Ohio's 1997 annual PM2.5 maintenance plan for the Wheeling 
area as meeting the requirements of CAA section 175A.

5. Insignificance Determination for the Mobile Source Contribution to 
PM2.5 and NOX

    Under section 176(c) of the CAA, transportation plans and 
transportation improvement programs (TIPs) must conform to applicable 
SIP goals. This means that such actions will not: (1) Cause or 
contribute to violations of a NAAQS; (2) worsen the severity of an 
existing violation; or (3) delay timely attainment of a NAAQS or any 
interim milestone. Actions involving Federal Highway Administration 
(FHWA) or Federal Transit Administration (FTA) funding or approval are 
subject to the Transportation Conformity Rule (40 CFR part 93 subpart 
A). Under this rule, MPOs in nonattainment and maintenance areas 
coordinate with state air quality agencies and federak aur abd 
transportation agencies (EPA, FHWA and FTA) to demonstrate that their 
metropolitan transportation plans (``plans'') and TIPs conform to 
applicable SIPs. This is typically determined by showing that estimated 
emissions from existing and planned highway and transit systems are 
less than or equal to the motor vehicle emissions budgets contained in 
a SIP.
    For budgets to be approvable, they must meet, at a minimum, EPA's 
adequacy criteria (40 CFR 93.118(e)(4)). However, the Transportation 
Conformity Rule at 40 CFR 93.109(m) allows areas to forgo establishment 
of a budget(s) where it is demonstrated that regional motor vehicle 
emissions for a particular pollutant or precursor pollutant are an 
insignificant contributor to the air quality problem in the area. The 
general criteria for insignificance determinations per 40 CFR 93.109(m) 
are based on a number of factors, including (1) the percentage of motor 
vehicle emissions in context of the total SIP inventory; (2) the 
current state of air quality as determined by monitoring data for that 
NAAQS; (3) the absence of SIP motor vehicle control measures; and (4) 
historical trends and future projections of the growth of motor vehicle 
emissions in the area.
    The redesignation request that Ohio submitted for its portion of 
the Wheeling area includes a request for EPA to make an insignificance 
finding for NOX and directly emitted PM2.5 for 
the Ohio portion of the Wheeling PM2.5 nonattainment area. 
Pursuant to Section 93.118(e)(4) and 93.109(k) of the Transportation 
Conformity Rule, as part of the review of Ohio's redesignation request 
and maintenance plan submittal, we have reviewed Ohio's justification 
for the finding of insignificance for direct PM2.5 and also 
for NOX as a precursor of PM2.5 in the Ohio 
portion of the Wheeling area. EPA agrees with Ohio's conclusion that 
on-road emissions of PM2.5 and NOX in Belmont 
County, Ohio, are insignificant for transportation conformity purposes. 
We base our finding on several factors:

--The fact that the area has been determined to attain the annual 
PM2.5 standard, and continues to attain the standard with 
the most recent three years of complete, quality-assured monitoring 
data;
--The absence of local on-road control measures; and
--The continued downward trend, historically and in modeled future 
projections, of on-road NOX and PM2.5 emissions 
from 2005-2022.

    Consistent with EPA's adequacy review of Ohio's redesignation 
request and maintenance plan and the Agency's thorough review of the 
entire SIP submission, EPA is proposing to approve Ohio's 
insignificance determination for the on-road motor vehicle contribution 
of NOX and PM2.5 emissions to the overall 
PM2.5 emissions in the Ohio portion of the Wheeling 
PM2.5 area.
    Because EPA finds that Ohio's submitted maintenance plan and 
redesignation request meets the criteria in the conformity rule for an 
insignificance finding for motor vehicle emissions of NOX 
and PM2.5 in the Ohio portion of the Wheeling 
PM2.5 area, it is not necessary to establish 
PM2.5 and NOX budgets for the Ohio portion of the 
Wheeling PM2.5 area. That is, EPA finds that the submittal 
demonstrates that, for NOX and PM2.5, regional 
motor vehicle emissions are an insignificant contributor to the annual 
PM2.5 air quality problem in the combined Wheeling area. 
Motor vehicle emissions in general, for the maintenance period of 2015 
and 2022, are low and declining in the Ohio portion of the area, and in 
the combined Wheeling area overall. In 2015 the percentage contribution 
to emissions from the combined Wheeling area from motor vehicles is 
2.1% and 12.4% for NOX and PM2.5, respectively. 
In 2022, motor vehicles in the combined Wheeling area are projected to 
contribute only 1.3% and 6.4% of emissions for NOX, and 
PM2.5, respectively, with the decrease due to Federal 
regulations on motor vehicle rules such as Heavy-duty Highway Vehicle 
standards and Tier 2 vehicle and fuel standards. Also, there have been 
no SIP requirements for motor vehicle control measures for the Ohio 
portion of the area and it is unlikely that motor vehicle control 
measures will be implemented for PM2.5 in this area in the 
future.
    Finally, as described above, the area has attained the 1997 annual 
PM2.5 NAAQS and we are proposing to approve the maintenance 
plan and redesignation request for the Ohio portion of the area. 
Therefore motor vehicle emissions budgets for PM2.5 and 
NOX are not required for the Wheeling area to maintain the 
1997 annual PM2.5 NAAQS. EPA is proposing to approve the 
inventory and the findings of insignificant contribution by motor 
vehicles, resulting in no proposed motor vehicle emissions budgets for 
the Ohio portion of the Wheeling area for 2015 and 2022 projected 
maintenance years. On-road emissions were calculated using the EPA 
required MOVES2010a model.
    With regard to on-road emissions of SO2, volatile 
organic compounds and ammonia, Ohio did not provide emission budgets 
(or an insignificance demonstration) because it concluded, consistent 
with EPA's presumptions regarding these PM2.5 precursors, 
that emissions of these precursors from motor vehicles are not 
significant contributors to the area's PM2.5 air quality 
problem.
    As discussed in section V(4)(c) of this action, EPA is proposing 
that if this approval is finalized in 2013 the area will continue to 
maintain the PM2.5 standard through at least 2023. 
Consistent with this proposal, EPA is proposing to determine the 
insignificance of motor vehicle emissions of NOX and 
PM2.5 as submitted by the State in its April 16, 2012, 
maintenance plan for the Ohio portion of the Wheeling area. EPA is 
proposing that the proposed finding insignificance of these emissions 
is consistent with maintenance of the Ohio portion of the Wheeling area 
through 2023.

6. 2005 Comprehensive Emissions Inventory

    As discussed above, section 172(c)(3) of the CAA requires areas to 
submit a

[[Page 71382]]

comprehensive emissions inventory. Ohio submitted a 2005 base year 
emissions inventories that meets this requirement. Emissions contained 
in the submittals cover the general source categories of point sources, 
area sources, on-road mobile sources, and nonroad mobile sources.
    For the point source sector, EGU SO2 and NOX 
emissions were derived from EPA's Clean Air Market's database. All 
other point source emissions were obtained from Ohio's source facility 
emissions reporting.
    Area source emissions were extrapolated from Ohio's 2005 periodic 
emissions inventories. Source growth factors were supplied by LADCO.
    Nonroad mobile source emissions were extrapolated from nonroad 
mobile source emissions reported in EPA's 2005 NEI. LADCO estimated 
emissions for commercial marine vessels and railroads.
    On-road mobile source emissions were calculated using EPA's mobile 
source emission factor model, MOVES2010a, in conjunction with roadway 
network traffic information prepared by Belmoar.
    All emissions discussed in Table 4 were documented in the submittal 
and the Appendices of Ohio's redesignation request submittal. EPA has 
reviewed Ohio's documentation of the emissions inventory techniques and 
data sources used for the derivation of the 2005 emissions estimates 
and has found that Ohio has thoroughly documented the derivation of 
these emissions inventories. The submittal from the state shows that 
the 2005 emissions inventory is currently the most complete emissions 
inventories for PM2.5 and PM2.5 precursors in the 
Wheeling area. Based upon EPA's review, we propose to find that the 
2005 emissions inventories are as complete and accurate as possible 
given the input data available to the Ohio, and we are proposing to 
approve them under CAA section 172(c)(3).

7. Summary of Proposed Actions

    EPA has previously determined that the Wheeling area has attained 
the 1997 annual PM2.5 NAAQS. EPA is proposing to determine 
that the entire Wheeling area continues to attain the 1997 annual 
PM2.5 standard using the latest three years of certified, 
quality-assured data, and that the Ohio portion of the area has met the 
requirements for redesignation under section 107(d)(3)(E) of the CAA. 
EPA is proposing to approve the request from Ohio to change the legal 
designation of the Ohio portion of the Wheeling area from nonattainment 
to attainment for the 1997 annual PM2.5 NAAQS. EPA is 
proposing to approve Ohio's PM2.5 maintenance plan for the 
Wheeling area as a revision to the Ohio SIP because the plan meets the 
requirements of section 175A of the CAA. EPA is proposing to approve 
the 2005 emissions inventories for primary PM2.5, 
NOX, and SO2, documented in Ohio's April 16, 
2012, submittal as satisfying the requirement in section 172(c)(3) of 
the CAA for a comprehensive, current emission inventory. Finally, for 
transportation conformity purposes EPA is also proposing to approve 
Ohio's determination that on-road emissions of PM2.5 and 
NOX are insignificant contributors to PM2.5 
concentrations in the area.

VI. What are the effects of EPA's proposed actions?

    If finalized, approval of the redesignation request would change 
the official designation of the Ohio portion of the Wheeling area for 
the 1997 annual PM2.5 NAAQS, found at 40 CFR part 81, from 
nonattainment to attainment. If finalized, EPA's proposal would approve 
as a revision to the Ohio SIP for the Wheeling area, the maintenance 
plan for the 1997 annual PM2.5 standard as well as the 2005 
emissions inventories included with the redesignation request.

VII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, 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 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, these actions:
     Are 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);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter.

40 CFR Part 81

    Air pollution control, Environmental protection, National Parks, 
Wilderness.

    Dated: November 15, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-29005 Filed 11-29-12; 8:45 am]
BILLING CODE 6560-50-P
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