Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Proposed Rules 71371 

and the reasons those changes are 

desirable. 

(2) If you are aware of an incorporated 

standard that has been reaffirmed or 

superseded without change, please 

provide its title, the publication 

number, and the title of the edition you 

believe has replaced it. 

(3) If you are aware of instances in 

which members of the public follow a 

newer or different standard than the one 

incorporated in regulation, please 

indicate which standard and how 

widespread its use. You may submit 

anonymous comments, but detailed 

information on industry practice will 

help us develop cost estimates when 

deciding whether to incorporate the 

newer standard. 

(4) If you are aware of conflicts 

between incorporated standards, or of 

errors that lead to confusion about 

incorporated standards, please describe 

the conflict or confusion. 

This request for comments is issued 

under authority of 5 U.S.C. 552(a) and 

33 CFR subpart 1.05. 

Dated: November 7, 2012. 

F.J. Sturm, 

Acting Director of Commercial Regulations 

and Standards, U.S. Coast Guard. 

[FR Doc. 2012–28286 Filed 11–29–12; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 (WVOH), 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 


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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 qualityassured 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 (mg/m3) 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 mg/m3, 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 mg/m3 (2006 annual PM2.5

standard), but revised the 24-hour 

standard to 35 mg/m3, 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 


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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 

mg/m3 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 mg/m3 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

County Monitor 

Annual 

standard 

design value 

2007–2009 

(μg/m3) 

Annual 

standard 

design value 

2008–2010 

(μg/m3) 

Annual 

standard 

design value 

2009–2011 

(μg/m3) 

Marshall, WV ................................................................................................... 541071002 13.4 13.1 13.0 

Ohio, WV ......................................................................................................... 540690010 13.2 12.4 11.9 

1As 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 


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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). 


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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 stateadopted 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 


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

31, 2012, as the mandate has not yet been issued. 

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 groundservice equipment; recreational vehicles 

using spark-ignition engines such as offhighway motorcycles, all-terrain 

vehicles and snowmobiles; and 

recreational marine diesel engines. 

Emission standards from large sparkignition 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

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 


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3Periodic 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. 

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). 

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-OhioMarshall 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) 

2005 2008 Net change 

(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. 


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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) 

2005 2008 Net change 

(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 noncatalytic reduction controls to reduce 

NOX emissions on two Units (Unit #4 

and Unit #5), as part of a federallyenforceable 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 


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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 

57% decrease 

¥1,709.22 

23% decrease 

¥164.98 

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 mg/m3 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. 


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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 mg/m3. 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). 


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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 tenyear 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 onroad 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 


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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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