68076 Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Proposed Rules 

1On November 5, 2012, EPA initiated the 

comment period for this proposed insignificance 

determination on the Office of Transportation and 

Air Quality (OTAQ) Web site (http://www.epa.gov/ 

otaq/stateresources/transconf/currsips) in order to 

regulations for reporting Monthly and 

Annual Statements of Account for the 

making and distribution of 

phonorecords under a compulsory 

license. 

DATES: Reply comments on the 

proposed regulation must be received in 

the Office of the General Counsel of the 

Copyright Office no later than 5 p.m. 

Eastern Daylight Time (EDT) on 

December 10, 2012. 

ADDRESSES: The Copyright Office 

strongly prefers that reply comments be 

submitted electronically. A comment 

submission page is posted on the 

Copyright Office Web site at http:// 

www.copyright.gov/docs/section115/ 

soa/comments/. The Web site interface 

requires submitters to complete a form 

specifying name and other required 

information, and to upload comments as 

an attachment. To meet accessibility 

standards, all comments must be 

uploaded in a single file in either the 

Adobe Portable Document File (PDF) 

format that contains searchable, 

accessible text (not an image); Microsoft 

Word; WordPerfect; Rich Text Format 

(RTF); or ASCII text file format (not a 

scanned document). The maximum file 

size is 6 megabytes (MB). The name of 

the submitter and organization should 

appear on both the form and the face of 

the comments. All comments will be 

posted publicly on the Copyright Office 

Web site exactly as they are received, 

along with names and organizations if 

provided. If electronic submission of 

comments is not feasible, please contact 

the Copyright Office at (202) 707–8380 

for special instructions. 

FOR FURTHER INFORMATION CONTACT: 

Tanya Sandros, Deputy General 

Counsel, or Stephen Ruwe, Attorney 

Advisor, Copyright GC/I&R, P.O. Box 

70400, Washington, DC 20024. 

Telephone: (202) 707–8380. Telefax: 

(202) 707–8366. 

SUPPLEMENTARY INFORMATION: On July 

27, 2012, the Copyright Office published 

a notice of proposed rulemaking and 

request for comments concerning a new 

regulation that would amend the 

regulations for reporting Monthly and 

Annual Statements of Account for the 

making and distribution of 

phonorecords under the compulsory 

license, 17 U.S.C. 115, to bring the 

regulations up-to-date to reflect recent 

and pending rate determinations by the 

Copyright Royalty Judges, which among 

other things provide new rates for 

limited downloads, interactive 

streaming and incidental digital 

phonorecord deliveries, and to 

harmonize these reporting requirements 

with the existing regulations for 

reporting the making and distribution of 

physical phonorecords, permanent 

downloads and ringtones. The notice of 

proposed rulemaking stated that 

comments would be due no later than 

September 25, 2012 and that reply 

comments would be due October 25, 

2012. Upon the request of several active 

institutional participants in the 

mechanical compulsory license system, 

the Copyright Office extended the 

comment deadline, making the 

comments due on October 25, 2012 and 

reply comments due on November 26, 

2012. 77 FR 55783 (September 11, 

2012). The Copyright Office posted all 

comments received by the October 25, 

2012 deadline on the Copyright Office 

Web site at http://www.copyright.gov/ 

docs/docket2012–7/comments/initial/. 

On November 7, 2012, the Copyright 

Office received a joint motion filed on 

behalf of the Recording Industry 

Association of America, Inc., National 

Music Publishers Association, Digital 

Media Association, and Music Reports, 

Inc., (‘‘Joint Requestors’’) to extend the 

reply comment period by two weeks 

(i.e. until December 10, 2012). The Joint 

Requestors stated that they hope to be 

in a position to suggest specific 

certification language in their reply 

comments. However, they note that 

several key individuals involved in the 

Joint Requesters’ discussions were 

adversely affected by Hurricane Sandy, 

and that discussions have been 

disrupted for over a week. They stated 

that a two week extension would allow 

them to discuss consensus positions and 

prepare a written submission setting 

forth whatever consensus positions are 

able to be reached. 

In the interest of giving the Joint 

Requestors, the necessary time to 

conclude the process of formulating 

consensus positions, the progress of 

which was interrupted by Hurricane 

Sandy, the Copyright Office has decided 

to grant the request and extend the reply 

comment period by two weeks, making 

the reply comments due on December 

10, 2012). 

Dated: November 8, 2012. 

Maria Pallante, 

Register of Copyrights. 

[FR Doc. 2012–27774 Filed 11–14–12; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2012–0174; FRL–9752–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Redesignation of the West 

Virginia Portion of the HuntingtonAshland, WV-KY-OH 1997 Annual PM2.5

Nonattainment Area to Attainment and 

Approval of the Associated 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a redesignation request and State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

The West Virginia Department of 

Environmental Protection (WVDEP) is 

requesting that the West Virginia 

portion of the Huntington-Ashland, WVKY-OH-fine particulate matter (PM2.5) 

nonattainment area (‘‘HuntingtonAshland Area’’ or ‘‘Area’’) be 

redesignated as attainment for the 1997 

annual PM2.5 national ambient air 

quality standard (NAAQS). The 

Huntington-Ashland Area is comprised 

of Cabell and Wayne Counties and a 

portion of Mason County in West 

Virginia (West Virginia portion of the 

Area); Boyd County and a portion of 

Lawrence County in Kentucky; and 

Lawrence and Scioto Counties and 

portions of Adams and Gallia Counties 

in Ohio. In this rulemaking action, EPA 

is proposing to approve the PM2.5

redesignation request for the West 

Virginia portion of the Area. EPA is also 

proposing to approve the maintenance 

plan SIP revision that the State 

submitted in conjunction with its 

redesignation request. The maintenance 

plan provides for continued attainment 

of the 1997 annual PM2.5 NAAQS for 10 

years after redesignation of the West 

Virginia portion of the Area. The 

maintenance plan includes an 

insignificance determination for the onroad motor vehicle contribution of 

PM2.5, nitrogen oxides (NOx), and sulfur 

dioxide (SO2) for the West Virginia 

portion of the Area for purposes of 

transportation conformity. EPA is 

proposing to find that West Virginia’s 

insignificance determination for 

transportation conformity is adequate.1


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Proposed Rules 68077 

allow for a full 30 day public comment period in 

conjunction with this proposed rulemaking. 

EPA is also proposing to find that the 

Area continues to attain the standard. 

This action to propose approval of the 

1997 annual PM2.5) NAAQS 

redesignation request, maintenance 

plan, and insignificance determination 

for transportation conformity for the 

West Virginia portion of the Area is 

based on EPA’s determination that the 

Area has met the criteria for 

redesignation to attainment specified in 

the Clean Air Act (CAA). EPA is taking 

separate action to propose redesignation 

of the Kentucky and Ohio portions of 

the Huntington-Ashland Area. 

DATES: Written comments must be 

received on or before December 6, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0174 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov 

C. Mail: EPA–R03–OAR–2012–0174, 

Donna Mastro, Acting Associate 

Director, Office of Air Quality 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–2012– 

0174. 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 are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

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

e-mail at powers.marilyn@epa.gov 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Summary of Actions 

II. Background 

III. Criteria for Redesignation to Attainment 

IV. Reasons for Proposing These Actions 

V. Effect of These Proposed Actions 

VI. Analysis of West Virginia’s Redesignation 

Request 

VII. Analysis of West Virginia’s 

Transportation Conformity 

Insignificance Determination for the 

Huntington-Ashland Area 

VIII. Proposed Actions 

IX. Statutory and Executive Order Reviews 

I. Summary of Actions 

On June 30, 2011, the State of West 

Virginia through WVDEP formally 

submitted a request to redesignate the 

West Virginia portion of the Area from 

nonattainment to attainment of the 1997 

annual PM2.5 NAAQS. Concurrently, 

West Virginia submitted a maintenance 

plan for the Area as a SIP revision to 

ensure continued attainment throughout 

the Area over the next 10 years. 

EPA is proposing to take several 

actions related to redesignation of the 

West Virginia portion of the Area to 

attainment for the 1997 annual PM2.5

NAAQS. EPA is proposing to find that 

the West Virginia portion of the Area 

meets the requirements for 

redesignation of the PM2.5 NAAQS 

under section 107(d)(3)(E) of the CAA. 

EPA is thus proposing to approve West 

Virginia’s request to change the legal 

definition of the West Virginia portion 

of the Area from nonattainment to 

attainment for the 1997 annual PM2.5

NAAQS. This action does not impact 

the legal definition of the Kentucky or 

Ohio portions of the Area. EPA is taking 

separate action to redesignate these 

portions. 

EPA is also proposing to approve the 

maintenance plan for the West Virginia 

portion of the Area as a revision to the 

West Virginia SIP. Such approval is one 

of the CAA criteria for redesignation of 

an area to attainment. The maintenance 

plan is designed to ensure continued 

attainment in the West Virginia portion 

of the Area for 10 years after 

redesignation. The maintenance plan 

includes an insignificance 

determination for the on-road motor 

vehicle contribution of PM2.5, NOx and 

SO2 in the West Virginia portion of the 

Area for transportation conformity 

purposes. EPA has determined that the 

on-road motor vehicle insignificance 

finding that is included as part of West 

Virginia’s maintenance plan for the 

1997 annual PM2.5 NAAQS is adequate, 

and is proposing to approve the 

insignificance determination. EPA’s 

analysis of these proposed actions is 

discussed in Sections VI and VII of 

today’s proposed rulemaking action. 

II. Background 

A. General 

The first air quality standards for 

PM2.5 were established on July 16, 1997. 

62 FR 38652 (July 18, 1997). EPA 

promulgated an annual standard at a 

level of 15 micrograms per cubic meter 

(mg/m3), based on a three-year average of 

annual mean PM2.5 concentrations. In 

the same rulemaking action, EPA 

promulgated a 24-hour standard of 65 

mg/m3, based on a three-year average of 

the 98th percentile of 24-hour 

concentrations. On October 17, 2006, at 

71 FR 61144, EPA retained the annual 

average standard at 15 mg/m3 but revised 

the 24-hour standard to 35 mg/m3, based 

again on the three-year average of the 

98th percentile of 24-hour 

concentrations. 

On January 5, 2005 at 70 FR 944, as 

supplemented on April 14, 2005 at 70 

FR 19844, EPA designated the 


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68078 Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Proposed Rules 

2The court’s judgment is not final, as of 

November 7, 2012, as the mandate has not yet been 

issued. 

Huntington-Ashland Area as 

nonattainment for the 1997 p.m.2.5 air 

quality NAAQS. The HuntingtonAshland Area is comprised of Cabell 

and Wayne Counties and the Graham 

tax district in Mason County, West 

Virginia; Boyd County and the portion 

of Lawrence County described by U.S. 

Census 2000 block group identifier 21– 

127–9901–6 in Kentucky; and Lawrence 

and Scioto Counties, Monroe and Sprigg 

Townships in Adams County, and 

Addison and Cheshire Townships in 

Gallia County in Ohio. On November 

13, 2009 at 74 FR 58688, EPA 

promulgated designations for the 24- 

hour standard set in 2006, designating 

the Huntington-Ashland Area as 

attaining this standard. In that action, 

EPA also clarified the designations for 

the NAAQS promulgated in 1997, 

stating that the Huntington-Ashland 

Area remained designated 

nonattainment for the 1997 annual 

PM2.5 standard, but was designated 

attainment for the 1997 24-hour 

standard. Today’s action therefore does 

not address attainment of either the 

1997 or the 2006 24-hour NAAQS. 

In response to legal challenges of the 

annual standard promulgated in 2006, 

the 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 (DC Cir. 2009). 

However, given that the 1997 and 2006 

annual standards are essentially 

identical, attainment of the 1997 annual 

standard would also indicate attainment 

of the remanded 2006 annual standard. 

Since the Huntington-Ashland Area is 

designated nonattainment only for the 

annual standard promulgated in 1997, 

today’s action addresses redesignation 

to attainment only for this standard. 

In a final rulemaking action dated 

September 7, 2011 at 76 FR 55542, EPA 

determined, pursuant to 40 CFR 

51.1004(c), that the entire HuntingtonAshland Area is attaining the 1997 

annual PM2.5 NAAQS. This 

determination of attainment was based 

upon complete, quality-assured and 

certified ambient air quality monitoring 

data for the period of 2007–2009 

showing that the Area had attained the 

NAAQS by its applicable attainment 

date of April 5, 2010. 

B. Clean Air Interstate Rule (CAIR) and 

Cross State Air Pollution Rule (CSAPR 

or the Transport Rule) 

On May 12, 2005, EPA published 

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 70 FR 25162. 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 CSAPR, 

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 City 

Generation, L.P. v. EPA, No. 11–1302 

(DC Cir., August 21, 2012).2

In light of the above and as explained 

below, EPA proposes to approve the 

redesignation request and the related 

SIP revision for Cabell and Wayne 

Counties and the Graham tax district in 

Mason County in West Virginia, 

including West Virginia’s plan for 

maintaining attainment of the 1997 

annual PM2.5 NAAQS standard in the 

West Virginia portion of the Area. The 

air quality modeling analysis conducted 

for the Transport Rule demonstrates that 

the Huntington-Ashland Area would be 

able to attain the 1997 annual PM2.5

NAAQS even in the absence of either 

CAIR or the Transport Rule. See ‘‘Air 

Quality Modeling Final Rule Technical 

Support Document,’’ App. B, B–115 to 

B–134. This modeling is available in the 

docket for the Transport Rule 

rulemaking action. See Docket ID No. 

EPA–HQ–OAR–2009–0491. Nothing in 

the DC Circuit’s August 2012 decision 

disturbs or calls into question that 

conclusion or the validity of the air 

quality analysis on which it is based. 

In addition, CAIR remains in place 

and enforceable until substituted by a 

‘‘valid’’ replacement rule. West 

Virginia’s SIP revision lists CAIR as a 

control measure that became stateeffective on May 1, 2008 and was 

approved by EPA on August 4, 2009 for 

the purpose of reducing SO2 and NOx

emissions. 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 

the State 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 eliminate significant 

downwind contributions. 

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 pending a valid replacement 

rule 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. 

III. Criteria for Redesignation to 

Attainment 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation providing that: 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Proposed Rules 68079 

1. EPA determines that the area has 

attained the applicable NAAQS; 

2. EPA has fully approved the 

applicable implementation plan for the 

area under section 110(k); 

3. EPA determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; 

4. EPA has fully approved a 

maintenance plan for the area as 

meeting the requirements of CAA 

section 175A; and 

5. The state containing such area has 

met all requirements applicable to the 

area under CAA section 110 and Part D. 

EPA has provided guidance on 

redesignation in the General Preamble 

for the Implementation of title I of the 

CAA Amendments of 1990 (April 16, 

1992, 57 FR 13498) (supplemented on 

April 28, 1992, 57 FR 18070) and has 

provided further guidance on processing 

redesignation requests in the following 

documents: 

1. ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment,’’ Memorandum from John 

Calcagni, Director, Air Quality 

Management Division, September 4, 

1992 (hereafter referred to as the 

‘‘Calcagni Memorandum’’); 

2. ‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to Clean 

Air Act (CAA) Deadlines,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, October 28, 1992; and 

3. ‘‘Part D New Source Review (Part 

D NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994. 

IV. Reasons for Proposing These 

Actions 

On June 30, 2011, the WVDEP 

requested redesignation of the West 

Virginia portion of the Area to 

attainment for the 1997 annual PM2.5

standard. As a part of the redesignation 

request, WVDEP submitted a 

maintenance plan for the West Virginia 

portion of the Area as a SIP revision, to 

ensure continued attainment of the 1997 

annual PM2.5 NAAQS over the next 10 

years until 2022. EPA has determined 

that the Huntington-Ashland Area has 

attained the 1997 annual PM2.5 standard 

and that West Virginia has met the 

requirements set forth in CAA section 

107(d)(3)(E) for redesignation of the 

West Virginia portion of the Area. 

V. Effects of These Proposed Actions 

Final approval of the redesignation 

request would change the official 

designation of the West Virginia portion 

of the Area for the 1997 annual PM2.5

NAAQS, found at 40 CFR part 81, from 

nonattainment to attainment. It would 

incorporate into the West Virginia SIP a 

maintenance plan ensuring continued 

attainment of the 1997 annual PM2.5

NAAQS in the Area for the next 10 

years until 2022. The maintenance plan 

includes, among other components, 

contingency measures to remedy any 

future violations of the 1997 annual 

PM2.5 NAAQS (should they occur). 

Approval of the maintenance plan 

would also result in approval of the 

insignificance determination for PM2.5, 

NOx, and SO2 for transportation 

conformity purposes in the West 

Virginia portion of the Area. 

VI. Analysis of West Virginia’s 

Redesignation Request 

EPA proposes to redesignate the West 

Virginia portion of the Area to 

attainment for the 1997 annual PM2.5

NAAQS and to approve into the West 

Virginia SIP the 1997 annual PM2.5

NAAQS maintenance plan for the West 

Virginia portion of the Area. These 

actions are based upon EPA’s 

determination that the Area continues to 

attain the 1997 annual PM2.5 NAAQS 

and that all other redesignation criteria 

have been met for the West Virginia 

portion of the Area, provided EPA 

approves the base year emissions 

inventory that has been proposed in a 

separate rulemaking action. See 77 FR 

60085 (Oct. 2, 2012). The following is a 

description of how the WVDEP June 30, 

2011 submittal satisfies the 

requirements of section 107(d)(3)(E) of 

the CAA. 

1. Attainment 

As noted above, in a final rulemaking 

action dated September 7, 2011, at 76 

FR 55542, EPA determined, pursuant to 

40 CFR 51.1004(c), that the entire 

Huntington-Ashland Area is attaining 

the 1997 annual PM2.5 NAAQS. This 

determination of attainment was based 

upon complete, quality-assured and 

certified ambient air quality monitoring 

data for the period of 2007–2009 

showing that the Area had attained the 

NAAQS by its applicable attainment 

date of April 5, 2010. Further discussion 

of pertinent air quality issues 

underlying this determination was 

provided in the notice of proposed 

rulemaking action for EPA’s 

determination of attainment for this 

Area, published on May 11, 2011 (76 FR 

27290). EPA has reviewed more recent 

data in its Air Quality System (AQS) 

database, including certified, qualityassured data for the periods from 2008– 

2010 and 2009–2011. This data, shown 

in Table 1, shows that the HuntingtonAshland Area continues to attain the 

1997 annual PM2.5 NAAQS. In addition, 

as discussed below with respect to the 

maintenance plan, WVDEP has 

committed to continue monitoring air 

quality in accordance with 40 CFR part 

58. In summary, EPA has determined 

that the data submitted by West 

Virginia, as well as data taken from 

AQS, indicate that the HuntingtonAshland Area has attained and 

continues to attain the 1997 annual 

PM2.5 NAAQS. 

TABLE 1—DESIGN VALUE CONCENTRATIONS FOR THE HUNTINGTON-ASHLAND AREA FOR THE 1997 ANNUAL PM2.5

NAAQS (μg/m3) FOR 2008–2010 AND 2009–2011 

County Monitor ID 

3-Year annual design values 

2008–2010 2009–2011 

Cabell, WV ................................................................................................................. 54–011–0006 13.1 12.3 

Boyd, KY .................................................................................................................... 21–019–0017 11.4 10.8 

Scioto, OH ................................................................................................................. 39–145–0013 11.6 10.9 

Lawrence, OH ............................................................................................................ 39–087–0012 12.2 11.4 

Note: Monitor 39–087–0010 in Lawrence, Ohio was shut down in February 2008 due to demolition of the building. It was replaced by monitor 

39–087–0012 located approximately one mile away and began monitoring in February 2008. 


wreier-aviles on DSK5TPTVN1PROD with 
68080 Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Proposed Rules 

2. The Area Has Met All Applicable 

Requirements Under Section 110 and 

Part D of the CAA and Has a Fully 

Approved SIP Under Section 110(k) of 

the CAA 

EPA has determined that the West 

Virginia portion of the Area has met all 

SIP requirements applicable for 

purposes of this redesignation under 

section 110 of the CAA (General SIP 

Requirements) and that, upon final 

approval of the 2002 base year inventory 

as discussed in section VI, it will have 

met all applicable SIP requirements 

under Part D of Title I of the CAA, in 

accordance with CAA section 

107(d)(3)(E)(v). In addition, EPA is 

proposing to find that all applicable 

requirements of the West Virginia SIP 

for purposes of redesignation have been 

approved in accordance with CAA 

section 107(d)(3)(E)(ii). In making these 

proposed determinations, EPA 

ascertained which SIP requirements are 

applicable for purposes of redesignation 

of this area, and concluded that the 

applicable portions of the SIP meeting 

these requirements are fully approved 

under CAA section 110(k). We note that 

SIPs must be fully approved only with 

respect to applicable requirements. 

a. CAA Section 110 General SIP 

Requirements 

Section 110(a)(2) of Title I of the CAA 

delineates the general requirements for 

a SIP, which include enforceable 

emissions limitations and other control 

measures, means, or techniques, 

provisions for the establishment and 

operation of appropriate devices 

necessary to collect data on ambient air 

quality, and programs to enforce the 

limitations. The general SIP elements 

and requirements set forth in CAA 

section 110(a)(2) include, but are not 

limited to the following: 

• Submittal of a SIP that has been 

adopted by the state after reasonable 

public notice and hearing; 

• Provisions for establishment and 

operation of appropriate procedures 

needed to monitor ambient air quality; 

• Implementation of a source permit 

program; provisions for the 

implementation of Part C requirements 

(Prevention of Significant Deterioration 

(PSD)); 

• Provisions for the implementation 

of Part D requirements for New Source 

Review (NSR) permit programs; 

• Provisions for air pollution 

modeling; and 

• Provisions 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 certain 

measures to prevent sources in a state 

from significantly contributing to air 

quality problems in another state. To 

implement this provision for various 

NAAQS, EPA has required certain states 

to establish programs to address 

transport of air pollutants in accordance 

with the NOx SIP Call, October 27, 1998 

(63 FR 57356), amendments to the NOx

SIP Call, May 14, 1999 (64 FR 26298) 

and March 2, 2000 (65 FR 11222), and 

CAIR, May 12, 2005 (70 FR 25162). 

However, the CAA section 110(a)(2)(D) 

requirements for a state are not linked 

with a particular nonattainment area’s 

designation and classification in that 

state. EPA believes that the 

requirements linked with a particular 

nonattainment area’s designation and 

classifications 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 do not 

believe that these requirements are 

applicable requirements for purposes of 

redesignation. 

In addition, EPA believes that the 

other CAA section 110(a)(2) elements 

not connected with nonattainment plan 

submissions and not linked with an 

area’s attainment status are not 

applicable requirements for purposes of 

redesignation. The Area will still be 

subject to these requirements after it is 

redesignated. We conclude that the CAA 

section 110(a)(2) and Part D 

requirements which are linked with a 

particular area’s designation and 

classification are the relevant measures 

to evaluate in reviewing a redesignation 

request, and that CAA section 110(a)(2) 

elements not linked to the area’s 

nonattainment status are not applicable 

for purposes of redesignation. This 

approach is consistent with EPA’s 

existing policy on applicability of 

conformity (i.e., for redesignations) and 

oxygenated fuels requirement. See 

Reading, Pennsylvania, proposed and 

final rulemakings (61 FR 53174, October 

10, 1996), (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 redesignation (65 FR at 

37890, June 19, 2000), and in the 

Pittsburgh redesignation (66 FR at 

53099, October 19, 2001). 

We have reviewed the West Virginia 

SIP and have concluded that it meets 

the general SIP requirements under 

section 110(a)(2) of the CAA to the 

extent they are applicable for purposes 

of redesignation. EPA has previously 

approved provisions of West Virginia’s 

SIP addressing CAA section 110(a)(2) 

requirements, including provisions 

addressing PM2.5. See 76 FR 47062 

(August 4, 2011). These requirements 

are, however, statewide requirements 

that are not linked to the PM2.5

nonattainment status of the HuntingtonAshland Area. Therefore, EPA believes 

that these SIP elements are not 

applicable requirements for purposes of 

review of the State’s PM2.5 redesignation 

request. 

b. Part D Nonattainment Requirements 

Under the Standard 

Subpart 1 of part D, sections 172 to 

175 of the CAA, sets forth the basic 

nonattainment plan requirements 

applicable to PM2.5 nonattainment areas. 

Under CAA section 172, states with 

nonattainment areas must submit plans 

providing for timely attainment and 

must meet a variety of other 

requirements. On May 28, 2009, WVDEP 

submitted an attainment plan and base 

year inventory for the West Virginia 

portion of the Area. On September 7, 

2011 (76 FR 55542), EPA made a 

determination that the HuntingtonAshland Area is attaining the 1997 

Annual PM2.5 NAAQS. Pursuant to 40 

CFR 51.1004(c), upon a determination 

by EPA that an area designated 

nonattainment for the PM2.5 NAAQS has 

attained the standard, the requirement 

for such an area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

plan (RFP), contingency measures, and 

other planning SIPs related to the 

attainment of the PM2.5 NAAQS are 

suspended until the area is redesignated 

to attainment or EPA determines that 

the area has again violated the PM2.5

NAAQS, at which time such plans are 

required to be submitted. The May 28, 

2009 submittal is relevant to this 

proposed action to redesignate the West 

Virginia portion of the Area only with 

respect to the base year inventory that 

was submitted with the attainment plan. 

In a separate rulemaking action, as 

detailed below, EPA has proposed 

approval of the base year inventory, 

which, upon final approval, will meet 

the requirements of CAA section 

172(c)(3), one of the criteria for 

redesignation. See 77 FR 60085 (Oct. 2, 

2012). 

The General Preamble for 

Implementation of Title I also discusses 

the evaluation of these requirements in 

the context of EPA’s consideration of a 

redesignation request. The General 

Preamble sets forth EPA’s view of 

applicable requirements for purposes of 

evaluating redesignation requests when 


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an area is attaining the standard. See 

General Preamble for Implementation of 

Title I (57 FR 13498 (April 16, 1992)). 

Because attainment has been reached 

for the Area, no additional measures are 

needed to provide for attainment, and 

CAA section 172(c)(1) requirements for 

an attainment demonstration and RACM 

are no longer considered to be 

applicable for purposes of redesignation 

as long as the area continues to attain 

the standard until redesignation. See 40 

CFR 51.1004(c). The RFP requirement 

under CAA section 172(c)(2) and 

contingency measures requirement 

under CAA section 172(c)(9) are 

similarly not relevant for purposes of 

redesignation. 

Section 172(c)(3) of the CAA requires 

submission of a comprehensive, 

accurate, and current inventory of actual 

emissions. As part of West Virginia’s 

attainment plan submittal, the State 

submitted a 2002 emissions inventory. 

As previously noted, on September 7, 

2011 (76 FR 55542), EPA determined 

that the Huntington-Ashland Area 

attained the 1997 annual PM2.5 NAAQS, 

based on complete, quality-assured data 

for the period of 2007–2009. That 

rulemaking action suspended certain 

planning requirements related to 

attainment, including the RACT/RACM 

requirement of section 172(c)(1), the 

RFP requirement of CAA section 

172(c)(2), the attainment demonstration 

requirement of CAA section 172(c)(3), 

and the requirement for contingency 

measures in CAA section 172(c)(9). As 

a result of the determination of 

attainment, the only remaining 

requirement under CAA section 172 to 

be considered for purposes of 

redesignation of the West Virginia 

portion of the Area is the emissions 

inventory required under CAA section 

172(c)(3). On October 2, 2012 (77 FR 

60085), EPA proposed approval of the 

base year inventory for the West 

Virginia portion of the Area for the 1997 

annual PM2.5 NAAQS. An evaluation of 

West Virginia’s 2002 base year 

inventory for the West Virginia portion 

of the Area is provided in the Technical 

Support Document (TSD) prepared by 

EPA for that rulemaking action. In that 

action, EPA determined that the 

emissions inventory and emissions 

statement requirements for the West 

Virginia portion of the Area have been 

satisfied, and proposed to approve the 

inventory as meeting the requirements 

of CAA section 172. Final approval of 

the emissions inventory in that action 

will satisfy the emissions inventory 

requirement for redesignation under 

CAA section 172(c)(3). 

Section 172(c)(4) of the CAA requires 

the identification and quantification of 

allowable emissions for major new and 

modified stationary sources in an area, 

and CAA 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 has 

determined that, since prevention of 

significant deterioration (PSD) 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a nonattainment new source review 

(NSR) program be approved prior to 

redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without part D NSR. A more 

detailed rationale for this view is 

described in a memorandum from Mary 

Nichols, Asssistant Administrator for 

Air and Radiation, dated October 14, 

1994, entitled, ‘‘Part D New Source 

Review Requirements for Areas 

Requesting Redesignation to 

Attainment.’’ Nevertheless, West 

Virginia currently has an approved NSR 

program, codified in 45 CSR 19. See 71 

FR 64468 (November 2, 2006) 

(approving NSR program into the SIP) 

and 77 FR 63736 (October 17, 2012) 

(approving revisions to West Virginia’s 

PSD program). However, the State’s PSD 

program for annual PM2.5 will become 

effective in the Huntington-Ashland 

Area upon redesignation to attainment. 

Section 172(c)(6) of the CAA requires 

the SIP to contain control measures 

necessary to provide for attainment of 

the standard. Because attainment has 

been reached for the Area, no additional 

measures are needed to provide for 

attainment. 

Section 172(c)(7) of the CAA requires 

the SIP to meet the applicable 

provisions of CAA section 110(a)(2). As 

noted previously, we believe the West 

Virginia SIP meets the requirements of 

CAA section 110(a)(2) that are 

applicable for purposes of 

redesignation. 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that Federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs, and 

projects that are developed, funded or 

approved under title 23 of the United 

States Code (U.S.C.) and the Federal 

Transit Act (transportation conformity) 

as well as to all other Federally 

supported or funded projects (general 

conformity). State transportation 

conformity SIP revisions must be 

consistent with Federal conformity 

regulations relating to consultation, 

enforcement and enforceability which 

EPA promulgated pursuant to its 

authority under the CAA. 

EPA interprets the conformity SIP 

requirements as not applying for 

purposes of evaluating a redesignation 

request under CAA section 107(d) 

because state conformity rules are still 

required after redesignation, and 

Federal conformity rules apply where 

state rules have not been approved. See 

Wall v. EPA, 265 F. 3d 426 (6th Cir. 

2001) (upholding this interpretation); 

see also 60 FR 62748 (Dec. 7, 1995) 

(discussing Tampa, Florida). Thus, EPA 

determines that the Huntington-Ashland 

Area has satisfied all applicable 

requirements for purposes of 

redesignation under CAA section 110 

and, upon final approval of the 2002 

base year inventory proposed on 

October 2, 2012, will have satisfied all 

applicable requirements under part D of 

title I of the CAA. 

c. The West Virginia Portion of the Area 

Has a Fully Approved Applicable SIP 

Under Section 110(k) of the CAA 

Upon final approval of the 2002 base 

year inventory, as proposed in the 

October 2, 2012 rulemaking action, EPA 

will have fully approved the West 

Virginia portion of the 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. Therefore, upon 

final approval of the 2002 base year 

emissions inventory, EPA will have 

approved all part D subpart 1 

requirements applicable for purposes of 

this redesignation. 

3. The Air Quality Improvement in the 

West Virginia Portion of the Area 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 

For redesignating a nonattainment 

area to attainment, CAA section 

107(d)(3)(E)(iii) requires EPA to 

determine that the air quality 

improvement in the area 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. EPA believes 

that West Virginia has demonstrated 

that the observed air quality 

improvement in the West Virginia 

portion of the Area is due to permanent 

and enforceable reductions in emissions 

resulting from implementation of the 

SIP, Federal measures, and other/stateadopted measures. In making this 


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demonstration, West Virginia has 

calculated the change in emissions 

between 2005, one of the years used to 

designate the Huntington-Ashland Area 

as nonattainment, and 2008, one of the 

years for which the Huntington-Ashland 

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 HuntingtonAshland Area and contributing areas 

have implemented in recent years. 

a. Federal Measures Implemented 

Reductions in fine particulate 

precursor emissions have occurred 

statewide and in upwind states 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: 

(1) Tier 2 Emission Standards for 

Vehicles and Gasoline Sulfur Standards 

These emission control requirements 

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. EPA has estimated that, 

after phasing in the new requirements, 

new vehicles emit less NOX in the 

following percentages: 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– 

95%. EPA expects fleet wide average 

emissions 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, up to a 90 percent 

reduction. 

(2) 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 

particulate 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 

diesel fuel. The reduction in fuel sulfur 

content also yielded an immediate 

reduction in particulate sulfate 

emissions from all diesel vehicles. 

(3) Nonroad Diesel Rule 

In May 2004, EPA promulgated a new 

rule for large nonroad diesel engines, 

such as those used in construction, 

agriculture, and mining, 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. 

b. Controls on PM2.5 Precursors 

The Area’s air quality is strongly 

affected by regulation of SO2 and NOX

from power plants. EPA promulgated 

the NOX SIP Call, CAIR, and CSAPR to 

address SO2 and NOX emissions from 

EGUs and certain non-EGUs across the 

eastern United States. The affected 

EGUs in the West Virginia portion of the 

Area are two American Electric Power 

(AEP) generating stations in Mason 

County. 

(1) NOX SIP Call 

EPA issued the NOX SIP Call in 1998 

to require 22 states and the District of 

Columbia to reduce NOX emissions from 

large EGUs and large non-EGUs such as 

industrial boilers, internal combustion 

engines, and cement kilns. (63 FR 

57356, October 27, 1998). EPA approved 

West Virginia’s Phase I NOX SIP Call 

rule in 2002 and its Phase II rule in 

2006. Emission reductions resulting 

from regulations developed in response 

to the NOX SIP Call are permanent and 

enforceable. 

(2) CAIR and CSAPR 

EPA approved West Virginia’s CAIR 

rules in 2009 (74 FR 38536, August 4, 

2009). The maintenance plan for the 

West Virginia portion of the Area thus 

lists CAIR as a control measure for the 

purpose of reducing SO2 and NOX

emissions from EGUs. Because the 

Transport Rule had not been finalized 

and CAIR was in place when West 

Virginia submitted its redesignation 

request and maintenance plan, 

inclusion of CAIR as a control measure 

was consistent with EPA policy at that 

time. 

As previously discussed, the D.C. 

Circuit’s 2008 remand of CAIR left the 

rule in place to ‘‘temporarily preserve 

the environmental values covered by 

CAIR’’ until EPA replaced it with a rule 

consistent with the Court’s opinion, and 

the court’s August 2012 decision on the 

Transport Rule also left CAIR in effect 

until the legal challenges to the 

Transport Rule are resolved. As noted, 

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 pending a valid replacement 

rule, for purposes such as redesignation. 

Furthermore, as previously discussed, 

the air quality modeling analysis 

conducted for the Transport Rule 

demonstrates that the HuntingtonAshland Area would be able to attain 

the 1997 annual PM2.5 NAAQS even in 

the absence of either CAIR or the 

Transport Rule. EPA’s modeling 

projections show that all ambient 

monitors in the Area are expected to 

continue to maintain compliance in the 

2012 and 2014 ‘‘no CAIR’’ base cases. 

Therefore, none of the ambient 

monitoring sites in the HuntingtonAshland Area are ‘‘receptors’’ that EPA 

projects will have future nonattainment 

problems or difficulty maintaining the 

NAAQS. 

c. Federal Consent Decrees 

EGUs in this Area are subject to 

Federal consent decrees that have 

reduced emissions of NOX and SO2 in 

the Area. There are two AEP EGUs in 

Mason County, the partial county 

portion of the West Virginia portion of 

the Area. These are the Mountaineer 

Power Station (Mountaineer) and the 

Philip Sporn Power Station (Philip 

Sporn). As part of a Federally 

enforceable consent decree, 

Mountaineer was required, starting in 

January 2008, to operate its selective 

catalytic reduction (SCR) continuously 

to control NOX emissions, and to 

operate continuously its Flue Gas 

Desulfurization (FGD) to reduce SO2

emissions starting in December 2007. 

Since 2008, additional controls have 

or will be installed on EGUs within the 

West Virginia portion of the Area and in 

Kentucky and Ohio, which will 

continue to contribute to the reductions 

in precursor pollutants for PM2.5. 

Pursuant to the Federally enforceable 

consent decree, Philip Sporn installed 

and began operation of selective noncatalytic reduction (SNCR) to control 

NOX emissions on Units 3 and 4 starting 

in January 2009 and is required to retire, 

retrofit, or repower Unit 5 by December 

31, 2013. Several EGUs in Gallia and 

Adams Counties in Ohio have installed 

controls as a result of Federally 

enforceable consent decrees. Two units 

at the General J. M. Gavin Station 

(owned or operated by AEP) in Gallia 

County, Ohio were required to 

continuously operate SNCR starting in 

December 2009, and five units at the 

Kyger Creek Station in Gallia County 

have installed and continuously 

operated SNCRs since January, 2009. 

Additionally, Kyger Creek Station plans 

to install and operate FGDs in 2012. 


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Also, four units at the J.M. Stuart DP&L 

Station in Adams County, Ohio have 

been operating year round SNCR since 

2009, and one unit at Big Sandy Power 

Station (owned and/or operated by AEP) 

in Lawrence County, KY was required 

by consent decree to install and 

continuously operate SCR starting in 

January 2009 and a FGD starting in 

December 2015. 

A summary of the emissions 

reductions from 2005 to 2009 for the 

entire Huntington-Ashland Area is 

provided in Table 2 below. As discussed 

below, West Virginia’s maintenance 

plan provides for verification of 

continued attainment by performing 

triennial reviews of emissions 

inventories for all PM2.5 precursors, as 

well as contingency measures to ensure 

that the NAAQS is maintained into the 

future if monitored increases in ambient 

PM2.5 concentrations occur. 

TABLE 2—ACTUAL EMISSION REDUCTIONS FROM COAL FIRED UTILITIES IN THE HUNTINGTON-ASHLAND AREA FOR THE

PERIOD 2005–2009 

Facility—county 

Emission differences from 2005–2009 (tpy) 

SO2 Percent reduction NOX Percent reduction 

Kentucky 

Big Sandy—Lawrence County .................................................................. 9,783 20 7,624 61 

West Virginia 

Mountaineer—Mason County ................................................................... 40,214 94 10,073 79 

Philip Sporn—Mason County ................................................................... 22,433 57 5,020 56 

Ohio 

JM Stuart—Adams County ....................................................................... 42,224 40 16,124 66 

Killen Station—Adams County ................................................................. 17,592 90 3,083 52 

Gen JM Gavin—Gallia County ................................................................. 1,701 6 31,800 82 

Kyger Creek—Gallia County .................................................................... 16,032 22 15,209 82 

Source: Clean Air Markets Data and Maps database (http://camddataandmaps.epa.gov/). 

Based on the information summarized 

above, West Virginia has adequately 

demonstrated that the improvement in 

air quality is due to permanent and 

enforceable emissions reductions. The 

reductions result from Federal 

requirements, regulation of precursors 

under the NOX SIP Call and CAIR, and 

Federal consent decrees affecting EGUs 

in the Huntington-Ashland Area, which 

are permanent and enforceable. 

Additionally, because PM2.5

concentrations in the HuntingtonAshland Area are impacted by the 

transport of sulfates and nitrates, as 

noted previously, the Area’s air quality 

is strongly affected by regulation of SO2

and NOX emissions from EGUs in states 

in the region that significantly 

contribute to the Area. Table 3 shows 

statewide EGU emissions data for the 

years 2002, 2008 and 2010 for the states 

that are significantly contributing to the 

air quality in the Huntington-Ashland 

Area. Emissions for 2008 and 2010 

reflect the implementation of CAIR. 

TABLE 3—COMPARISON OF 2002, 2008, AND 2010 EGU NOX AND SO2 EMISSIONS FOR STATES THAT CONTRIBUTE TO

THE HUNTINGTON-ASHLAND AREA

State 

NOX (tpy) SO2 (tpy) 

2002 2008 2010 

Net change 

2002–2008 

(percent) 

2002 2008 2010 

Net change 

2002–2008 

(percent) 

Alabama ........................... 161,559 112,625 63,289 ¥30 448,248 357,546 204,189 ¥20 

Georgia ............................ 146,456 105,894 60,521 ¥27 512,654 514,539 218,836 <1 

Illinois ............................... 174,247 119,976 76,299 ¥31 353,699 257,431 220,092 ¥27 

Indiana ............................. 281,146 196,580 120,924 ¥30 778,868 595,966 414,764 ¥23 

Kentucky .......................... 198,599 157,847 91,824 ¥20 482,653 344,356 266,204 ¥22 

Michigan ........................... 132,624 103,473 76,130 ¥20 342,999 326,501 242,188 ¥4 

Missouri ............................ 139,799 88,600 58,364 ¥36 235,532 258,269 236,216 9 

Ohio .................................. 370,497 235,018 104,839 ¥36 1,132,069 709,444 572,126 ¥37 

Pennsylvania .................... 200,909 175,219 125,486 ¥12 889,766 631,915 393,196 ¥28 

Tennessee ....................... 155,996 85,543 31,073 ¥43 336,995 208,069 119,023 ¥38 

West Virginia .................... 225,371 97,331 51,393 ¥56 507,110 301,574 106,087 ¥40 

Total .......................... 2,025,644 1,478,106 860,142 ¥27 5,785,061 4,505,610 2,992,921 ¥22 

Source: Clean Air Markets Data and Maps database (http://camddataandmaps.epa.gov/). 

Table 3 shows that the states 

impacting the Huntington-Ashland Area 

reduced NOX and SO2 emissions from 

EGUs by 547,538 tpy and 979,451 tpy, 

respectively, between 2002 and 2008. 

This table also includes emissions from 

the contributing states in 2010, which 

shows the continuing, generally 

downward trend of NOX and SO2

emissions from these states. 

4. The West Virginia Portion of the Area 

Has a Fully Approvable Maintenance 

Plan Pursuant to Section 175A of the 

CAA 

In conjunction with its request to 

redesignate the West Virginia portion of 

the Area to attainment status, West 


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Virginia submitted a SIP revision to 

provide for maintenance of the 1997 

annual PM2.5 NAAQS in the Area for at 

least 10 years after redesignation. West 

Virginia is requesting that EPA approve 

this SIP revision as meeting the 

requirement of CAA section 175A. Once 

approved, the maintenance plan for the 

West Virginia portion of the Area will 

ensure that the SIP for West Virginia 

meets the requirements of the CAA 

regarding maintenance of the 1997 

annual PM2.5 NAAQS for this area. 

a. Requirements of a Maintenance Plan 

Section 175 of the CAA sets forth the 

elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. Under 

CAA section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least 10 

years after approval of a redesignation of 

an area to attainment. Eight years after 

the redesignation, West Virginia must 

submit a revised maintenance plan 

demonstrating that attainment will 

continue to be maintained for the 10 

years following the initial 10-year 

period. To address the possibility of 

future NAAQS violations, the 

maintenance plan must contain such 

contingency measures, with a schedule 

for implementation, as EPA deems 

necessary to assure prompt correction of 

any future PM2.5 violations. The John 

Calcagni memorandum entitled 

‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ 

dated September 4, 1992, provides 

additional guidance on the content of a 

maintenance plan. The memorandum 

states that a PM2.5 maintenance plan 

should address the following 

provisions: 

(1) An attainment emissions 

inventory; 

(2) A maintenance demonstration 

showing maintenance for 10 years; 

(3) A commitment to maintain the 

existing monitoring network; 

(4) Verification of continued 

attainment; and 

(5) A contingency plan to prevent or 

correct future violations of the NAAQS. 

b. Analysis of the Maintenance Plan 

(1) Attainment Emissions Inventory 

An attainment inventory is comprised 

of the emissions during the time period 

associated with the monitoring data 

showing attainment. WVDEP developed 

emissions inventories for NOX, direct 

PM2.5, and SO2 for 2008, one of the years 

in the period during which the 

Huntington-Ashland Area monitored 

attainment of the 1997 annual PM2.5

standard, as described previously. The 

2008 point source inventory contained 

emissions for EGUs and non-EGUs in 

Cabell and Wayne Counties. For the 

portion of Mason County that is part of 

this nonattainment area, the 

Mountaineer Plant, Sporn Plant, and 

New Haven Plant are included in the 

inventory. WVDEP used data from 

EPA’s CAMD database to compile the 

EGU and non-EGU inventory. For the 

2008 Area and Nonroad Mobile source 

emissions, WVDEP used the 2008 

National Emissions Inventory (NEI) 

version 1.5 data developed by EPA. The 

2008 Onroad Mobile source inventory 

was developed using the most current 

version of EPA’s highway mobile source 

emissions model MOVES2010a. WVDEP 

used the Kentucky, Ohio, and West 

Virginia (KYOVA) Travel Demand 

Model, which is the most recent travel 

demand model provided by the KYOVA 

Interstate Planning Commission that 

covers the nonattainment counties in 

WV. Information from the travel 

demand models combined with 

Highway Performance Monitoring 

Systems (HPMS) county-level data from 

each area were used in the emissions 

analysis. Additional data needed for 

input into the MOVES2010a model was 

provided by the Ohio Department of 

Transportation (ODOT), Ohio EPA, West 

Virginia Department of Transportation 

(WVDOT), WVDEP, Kentucky 

Transportation Cabinet (KYTC) and the 

Kentucky Division of Air Quality 

(KDAQ). 

(2) Maintenance Demonstration 

On June 30, 2011, the WVDEP 

submitted a maintenance plan for the 

West Virginia portion of the Area as 

required by section 175A of the CAA. 

WVDEP uses projection inventories to 

show that the Area will remain in 

attainment and developed projection 

inventories for an interim year of 2015 

and a maintenance plan end year of 

2022 to show that future emissions of 

NOX, SO2, and direct PM2.5 will remain 

at or below the attainment year 2008 

emissions levels throughout the West 

Virginia portion of the Area through the 

year 2022. A maintenance 

demonstration need not be based on 

modeling. See Wall v. EPA, supra; 

Sierra Club v. EPA, supra. See also 66 

FR at 53099–53100; 68 FR at 25430–32. 

The projection inventories for the 2015 

and 2022 point, area, and nonroad 

sources were based on the 2012 and 

2018 Visibility Improvement State and 

Tribal Assoiation of the Southeast 

(VISTAS)/Association of Southeastern 

Integrated Planning (ASIP) modeling 

inventory. 

(a) Point Sources 

West Virginia developed the 2015 

point source inventory by interpolation 

between VISTAS/ASIP 2012 and 2018 

modeling inventory. The 2022 EGU 

inventory for PM2.5, NOX, and SO2 was 

kept the same as the VISTAS/ASIP 2018 

inventory. The 2022 non-EGU inventory 

was extrapolated from the 2012 and 

2018 inventory. Point source emissions 

for 2012 and 2018 were developed for 

EGUs and non-EGUs. For EGUs, WVDEP 

used the projection inventory developed 

by VISTAS/ASIP. VISTAS/ASIP 

analysis was based on EPA’s IPM 

model. The VISTAS/ASIP analysis 

projected future year emissions for 

EGUs under several scenarios based on 

the best information available at the 

time of the analysis. WVDEP used the 

‘‘on the way’’ (OTW) projections, which 

took into account the reductions 

required by CAIR, as a basis for 2012 

and 2018 EGU emissions. VISTAS/ASIP 

used EPA’s EGAS, Version 4.0 to make 

the projections for non-EGUs, 

incorporating the growth factors 

suggested in the reports entitled 

Development of Growth Factors for 

Future Year Modeling Inventories (April 

30, 2004) and CAIR Emission Inventory 

Overview (July 23, 2004). EPA has 

reviewed the VISTAS documentation 

provided by WVDEP and found the 

methodologies acceptable. 

(b) Area Sources 

Area source emissions for 2015 were 

interpolated from the VISTAS/ASIP 

2012 and 2018 inventories. The 2022 

emissions were extrapolated from the 

VISTAS/ASIP 2012 and 2018 

inventories. Growth and controls for 

emissions were based on the 

methodologies applied by EPA for the 

CAIR analysis. 

(c) Nonroad Sources 

Nonroad source emissions, including 

aircraft, locomotives, and commercial 

marine vessels (CMV) for 2015 were 

interpolated from the VISTAS/ASIP 

2012 and 2018 inventories. CMV source 

emissions for SO2 included in the 2022 

inventory were held constant at 2018 

levels because no further reduction in 

fuel sulfur content is expected. All other 

nonroad source emissions for 2022 were 

extrapolated from the VISTAS/ASIP 

2012 and 2018 inventories. 

(d) Onroad Mobile Sources 

The 2015 and 2022 onroad mobile 

source emissions were prepared using 

MOVES2010a following the same 

procedure as the 2008 inventory as 

described previously. 

EPA has determined that the 

emissions inventories provided by 


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WVDEP are approvable. For more 

information on EPA’s analysis of the 

emissions inventories, see the TSD 

dated April 9, 2012, available in the 

docket for this rulemaking action at 

www.regulations.gov. Table 4 shows the 

inventories for the 2008 attainment base 

year, the 2015 interim year, and the 

2022 maintenance plan end year for the 

entire nonattainment area. 

TABLE 4—COMPARISON OF 2008, 2015, 2022 SO2, NOX, AND DIRECT PM2.5 EMISSION TOTALS, IN TPY FOR THE ENTIRE

HUNTINGTON-ASHLAND AREA WV-KY-OH 

2008 2015 2022 Decrease from 

2008 to 2022 

SO2 (tpy) .................................................................................. 221,210 139,263 88,432 132,778 

NOX (tpy) ................................................................................. 145,527 94,932 68,313 77,214 

PM2.5 (tpy) ................................................................................ 11,701 11,262 11,317 384 

Table 4 shows that, between 2008 and 

2015, the entire Huntington-Ashland 

Area is projected to reduce SO2

emissions by 81,947 tpy, NOX emissions 

by 50,595 tpy, and direct PM2.5

emissions by 439 tons. Between 2008 

and 2022, the area is projected to reduce 

SO2 emissions by 77,214 tpy, NOX

emissions by 132,778 tpy, and direct 

PM2.5 emissions by 384 tpy. Thus, the 

projected emissions inventories show 

that the area will continue to maintain 

the 1997 annual PM2.5 NAAQS during 

the 10 year maintenance period. 

(3) Maintenance Demonstration 

Through 2023 

As noted in section 4.a of this 

document, CAA section 175A requires a 

State seeking redesignation to 

attainment to submit a SIP revision to 

provide for the maintenance of the 

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.’’ September 4, 

1992 Memorandum from John Calcagni, 

Director, AQMD, ‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment,’’ 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 above, 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 1997 annual 

PM2.5 NAAQS at least through 2023: 

• Significant emissions controls 

remain in place, and will continue to 

provide reductions that keep the Area in 

attainment. The Mountaineer Power 

Station was required by a permanent 

and enforceable consent decree to 

install SCR for NOX in 2008 and to 

operate its FGD continuously for SO2 in 

2007. Philip Sporn Power Station 

installed SNCR to control NOX in 2009, 

and must retire, retrofit, or repower Unit 

5 by the end of 2013. 

• West Virginia has committed to 

maintain all of the control measures that 

are relied on, and will submit any 

changes to EPA for approval as a SIP 

revision. 

• Emissions inventory levels for SO2

and NOX in 2022 are well below the 

attainment year inventory levels (see 

Table 4), and it is highly improbable 

that sudden increases would occur that 

could exceed the attainment year 

inventory levels in 2023. 

• The mobile source contribution has 

been determined to be insignificant, and 

is expected to remain insignificant in 

2023 with fleet turnover in upcoming 

years that will result in cleaner vehicles 

and cleaner fuels. 

• Air quality concentrations well 

below the standard, coupled with the 

emissions inventory projections through 

2022 show that it would be very 

unlikely for a violation to occur in 2023. 

The 2009–2011 design value of 12.1 mg/ 

m3 provides a sufficient margin in the 

event emissions increase, and continues 

the downward trend of monitored data 

in this Area for the last several years. 

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 

CAA section 175A, that the State’s 

maintenance plan provides for 

maintenance for at least ten years after 

redesignation, and into 2023. 

(4) Monitoring Network 

West Virginia’s maintenance plan 

includes a commitment to continue to 

operate its EPA-approved monitoring 

network, as necessary to demonstrate 

ongoing compliance with the NAAQS. 

West Virginia currently operates a PM2.5

monitor in Cabell County. Two of the 

remaining monitors are located in Ohio, 

and one monitor is located in Kentucky. 

West Virginia will consult with EPA 

prior to making any necessary changes 

to the network and will continue to 

quality assure the monitoring data in 

accordance with the requirements of 40 

CFR part 58. 

(5) Verification of Continued 

Attainment 

To provide for tracking of the 

emission levels in the area, WVDEP 

requires major point sources to submit 

air emissions information annually and 

prepares a new periodic inventory for 

all PM2.5 precursors every three years in 

accordance with EPA’s Air Emissions 

Reporting Requirements (AERR). 

Emissions information will be compared 

to the attainment year inventory to 

assure continued attainment with the 

1997 annual PM2.5 NAAQS and will be 

used to assess emissions trends, as 

necessary. 

(6) The Maintenance Plan’s Contingency 

Measures 

The contingency plan provisions are 

designed to promptly correct a violation 

of the NAAQS that occurs after 

redesignation. Section 175A of the CAA 

requires that a maintenance plan 

include such contingency measures as 

EPA deems necessary to ensure that 

West Virginia will promptly correct a 

violation of the NAAQS that occurs after 

redesignation. The maintenance plan 

should identify the events that would 

‘‘trigger’’ the adoption and 

implementation of a contingency 

measure(s), the contingency measure(s) 

that would be adopted and 

implemented, and the schedule 

indicating the time frame by which the 

state would adopt and implement the 

measure(s). 

The ability of the West Virginia 

portion of the Area to stay in 

compliance with the 1997 annual PM2.5

NAAQS after redesignation depends 

upon NOX and SO2 emissions in the 

Huntington-Ashland Area remaining at 


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68086 Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Proposed Rules 

or below 2008 levels. West Virginia’s 

maintenance plan projects NOX and SO2

emissions to decrease and stay below 

2008 levels through at least the year 

2022. West Virginia’s maintenance plan 

outlines the procedures for the adoption 

and implementation of contingency 

measures to further reduce emissions 

should a violation occur. 

West Virginia’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 a single calendar year exceeds 

15.5 ug/m3 within the maintenance 

area. In that case, a study will be 

conducted to determine if the emissions 

trends show increases; if action is 

necessary to reverse emissions 

increases, West Virginia will follow the 

same procedures for control selection 

and implementation as for an Action 

Level Response, and implementation of 

necessary controls will take place as 

expeditiously as possible, but no later 

than 12 months from the end of the 

most recent calendar year. 

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 in the maintenance area. 

If an Action Level Response is triggered, 

West Virginia 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. West Virginia will also 

consider whether additional regulations 

that are not a part of the maintenance 

plan can be implemented in a timely 

manner to respond to the trigger. 

West Virginia’s candidate contingency 

measures include the following: (1) 

Diesel reduction emission strategies, (2) 

alternative fuels and diesel retrofit 

programs for fleet vehicle operations, (3) 

PM2.5, SO2, and NOX emissions offsets 

for new and modified major sources, (4) 

concrete manufacturing controls, and (5) 

additional NOX reductions. 

Additionally, West Virginia has 

identified a list of sources that could 

potentially be controlled. These include: 

Industrial, commercial and institutional 

(ICI) boilers for SO2 and NOX controls, 

EGUs, process heaters, internal 

combustion engines, combustion 

turbines, other sources greater than 100 

tons per year, fleet vehicles, and 

aggregate processing plants. 

For all of the reasons discussed above, 

EPA is proposing to approve West 

Virginia’s 1997 annual PM2.5

maintenance plan for the West Virginia 

portion of the Area as meeting the 

requirements of CAA section 175A. 

VII. Analysis of West Virginia’s 

Transportation Conformity 

Insignificance Determination for the 

Huntington-Ashland Area 

Under section 176(c) of the CAA, new 

transportation projects, such as the 

construction of new highways, must 

‘‘conform’’ to (i.e., be consistent with) 

the part of the state’s air quality plan 

that addresses pollution from mobile 

sources. ‘‘Conformity’’ to the SIP means 

that transportation activities will not 

cause new air quality violations, worsen 

existing violations, or delay timely 

attainment of a NAAQS or an interim 

milestone. 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 

(MVEBs) contained in a SIP. If a 

transportation plan does not ‘‘conform,’’ 

most new projects that would expand 

the capacity of roadways cannot go 

forward. Regulations at 40 CFR part 93 

set forth EPA policy, criteria, and 

procedures for demonstrating and 

ensuring conformity of such 

transportation activities to a SIP. 

When reviewing submitted ‘‘control 

strategy’’ SIPs or maintenance plans 

containing MVEBs, EPA must 

affirmatively find the MVEBs contained 

therein ‘‘adequate’’ for use in 

determining transportation conformity. 

The process for determining adequacy is 

set forth in the guidance 

‘‘Transportation Conformity Rule 

Amendments for the New 8-hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards and Miscellaneous Revisions 

for Existing Areas; Transportation 

Conformity Rule Amendments; 

Response to Court Decision and 

Additional Rule Changes.’’ 69 FR 40004 

(July 1, 2004). After EPA affirmatively 

finds the submitted MVEBs are adequate 

for transportation conformity purposes, 

in accordance with the guidance, the 

MVEBs can be used by state and Federal 

agencies in determining whether 

proposed transportation projects 

‘‘conform’’ to the SIP as required by 

section 176(c) of the CAA. 

For budgets to be approvable, they 

must meet, at a minimum, EPA’s 

adequacy criteria in 40 CFR 

93.118(e)(4). However, the 

transportation conformity rule at 40 CFR 

93.109(f) allows areas to forego 

establishment of MVEBs where it is 

demonstrated that the regional motor 

vehicle emissions for a particular 

pollutant or precursor are an 

insignificant contributor to the air 

quality problem in an area. EPA’s 

rationale for providing for insignificance 

determinations may be found in the July 

1, 2004 revision to the Transportation 

Conformity Rule. The general criteria for 

insignificance determinations, per 40 

CFR 93.109(f), are based on a number of 

factors, including the percentage of 

motor vehicle emissions in the context 

of the total SIP inventory; the current 

state of air quality as determined by 

monitoring data for the relevant 

NAAQS; the absence of SIP motor 

vehicle control measures; and the 

historical trends and future projections 

of the growth of motor vehicle 

emissions in the area. 

In West Virginia’s June 30, 2011 

submittal, the State provided 

information that projects that onroad 

mobile source NOX constitutes six 

percent or less of the Area’s total NOX

emissions in 2015 and 2022 due to 

continuing fleet turnover and that 

onroad mobile source PM2.5 emissions 

constitute less than three percent of the 

Area’s total PM2.5 emissions. Both 

projections took into consideration 

future vehicle miles traveled (VMT) 

growth. In addition, neither EPA nor the 

State has made any findings that volatile 

organic compounds (VOCs), SO2, or 

ammonia (NH3) are significant 

contributors to PM2.5 mobile emissions. 

The submittal meets the criteria in the 

relevant portions of 40 CFR 93.102 and 

93.118 for an insignificance finding, and 

EPA agrees with the determination of 

insignificance for both NOX and PM2.5

for the West Virginia portion of the 

Area. For more information on EPA’s 

review of the determination of 

insignificance, see the TSD dated May 

30, 2012, available in the docket for this 

rulemaking action at 

www.regulations.gov. 

VIII. Proposed Actions 

EPA is proposing to approve the 

redesignation of the West Virginia 

portion of the Area from nonattainment 

to attainment for the 1997 annual PM2.5

NAAQS. EPA has evaluated West 

Virginia’s redesignation request and 

determined that, upon approval of the 

base year emissions inventory in the 

separate rulemaking action noted 

previously, it would meet the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA. EPA believes 

that the monitoring data demonstrate 

that the Huntington-Ashland Area has 

attained the 1997 annual PM2.5 NAAQS 

and will continue to attain the standard. 

Final approval of this redesignation 

request would change the designation of 

the West Virginia portion of the Area 

from nonattainment to attainment for 

the 1997 annual PM2.5 standard. EPA is 

also proposing to approve the associated 


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maintenance plan for the West Virginia 

portion of the Area, submitted on June 

30, 2011, as a revision to the West 

Virginia SIP because it meets the 

requirements of CAA section 175A as 

described previously in this notice. EPA 

is also proposing to approve the 

insignificance determination for on-road 

motor vehicle contribution of PM2.5, 

NOX, and SO2, submitted by West 

Virginia for the West Virginia portion of 

the Area in conjunction with its 

redesignation request. As noted 

previously, the 30 day public comment 

period for the proposed insignificance 

determination started on November 5, 

2012 and will end on December 4, 2012. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

IX. Statutory and Executive Order 

Reviews 

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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 proposing 

approval of West Virginia’s 

redesignation request, maintenance 

plan, and transportation conformity 

insignificance determination for the 

Huntington-Ashland Area for the 1997 

annual PM2.5 NAAQS 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, Nitrogen oxides, PM2.5, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness Areas. 

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

Dated: November 7, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–27785 Filed 11–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2012–0327; FRL–9751–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; South Carolina; 

Redesignation of the CharlotteGastonia-Rock Hill, North CarolinaSouth Carolina 1997 8-Hour Ozone 

Moderate Nonattainment Area to 

Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On June 1, 2011, the State of 

South Carolina, through the South 

Carolina Department of Health and 

Environmental Control (SC DHEC), 

submitted a request for EPA to 

redesignate the portion of York County, 

South Carolina that is within the bi-state 

Charlotte-Gastonia-Rock Hill, North 

Carolina-South Carolina 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘bi-state Charlotte Area,’’ or 

‘‘Area’’) to attainment for the 1997 8- 

hour ozone national ambient air quality 

standards (NAAQS); and to approve a 

State Implementation Plan (SIP) 

revision containing a maintenance plan 

for the South Carolina portion of the bistate Charlotte Area (hereafter referred 

to as ‘‘the York County Area’’). The bistate Charlotte Area consists of 

Cabarrus, Gaston, Lincoln, 

Mecklenburg, Rowan, Union and a 

portion of Iredell County (Davidson and 

Coddle Creek Townships) in North 

Carolina; and a portion of York County 

in South Carolina (including the 

Catawba Indian Nation reservation 

lands). EPA is proposing to approve the 

redesignation request for the York 

County Area, along with the related SIP 

revision, including South Carolina’s 

plan for maintaining attainment of the 

ozone standard in the York County 

Area. EPA is also proposing to approve 

the motor vehicle emission budgets 

(MVEB) for nitrogen oxides (NOX) and 

volatile organic compounds (VOC) for 

the years 2013 and 2022 for the York 

County Area. Additionally, EPA is 

proposing that the 2022 MVEB are 

consistent with maintenance in 2023. 

These actions are being proposed 

pursuant to the Clean Air Act (CAA or 

Act) and its implementing regulations. 

EPA will take action on the North 

Carolina submission for the 1997 8-hour 

ozone redesignation request and 

maintenance plan for its portion of the 

bi-state Charlotte Area in a separate 

action. 

DATES: Comments must be received on 

or before December 6, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2012–0327, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2012–0327, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 


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