[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Rules and Regulations]
[Pages 27034-27036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12349]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[WV057-6016; FRL-6979-8]


Determination of Attainment of the NAAQS for PM-10 in the 
Weirton, West Virginia Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA has determined that the Weirton, West Virginia PM-10 
Moderate nonattainment area (comprised of the City of Weirton) attained 
the National Ambient Air Quality Standards (NAAQS) for Particulate 
Matter with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM-10) by its applicable December 31, 2000 attainment 
date. This determination is based upon monitored air quality data for 
the PM-10 NAAQS during the years 1998-2000. This determination of 
attainment does not redesignate the Weirton area to attainment for PM-
10. The Clean Air Act requires that for an area to be redesignated, 
five criteria must be satisfied including the submittal of a 
maintenance plan as a State Implementation Plan (SIP) revision.

DATES: This rule is effective on July 2, 2001 without further notice, 
unless EPA receives adverse written comment by June 15, 2001. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Written comments should be mailed to David Arnold, Chief, 
Air Quality Planning and Information Services Branch, EPA Region III, 
3AP21, 1650 Arch Street, Philadelphia, PA 19103. Copies of the 
documents relevant to this action are available for public inspection 
during normal business hours at the Air Protection Division,

[[Page 27035]]

EPA Region III, 1650 Arch Street, Philadelphia, PA 19103.

FOR FURTHER INFORMATION CONTACT: Ruth E. Knapp, (215) 814-2191, at the 
EPA Region III address above, or by e-mail at <a href="/cdn-cgi/l/email-protection#610a0f0011114f13141509210411004f060e17"><span class="__cf_email__" data-cfemail="a2c9ccc3d2d28cd0d7d6cae2c7d2c38cc5cdd4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Basis for EPA's Action
III. EPA's Final Action
IV. Administrative Requirements

I. Background

A. Designation and Classification of PM-10 Nonattainment Areas

    On the date of enactment of the 1990 Clean Air Act Amendments 
(Act), PM-10 areas meeting the qualifications of section 107(d)(4)(B) 
of the Act were designated nonattainment by operation of law (see 
generally, 42 U.S.C. 7407(d)(4)(B)). These areas included all former 
Group I areas identified in 52 FR 29383 (August 7, 1987) and further 
clarified in 55 FR 45799 (October 31, 1990), and any other areas 
violating the PM-10 standards prior to January 1, 1989 (many of these 
areas were identified by footnote 4 in the October 31, 1990 Federal 
Register document ). A Federal Register document announcing the areas 
designated nonattainment for PM-10 upon enactment of the Act was 
published in 56 FR 11101 (March 15, 1991). A subsequent Federal 
Register document correcting some of these areas was published on 
August 8, 1991 (56 FR 37654). These nonattainment designations and 
moderate area classifications were codified in 40 CFR part 81 in a 
Federal Register document published on November 6, 1991 (56 FR 56694). 
All other areas in the nation not designated nonattainment at enactment 
were designated unclassifiable (see section 107(d)(4)(B)(iii) of the 
Act). Most of the ``Additional'' PM-10 nonattainment areas including 
the Weirton, West Virginia area were subsequently designated in a 
Federal Register document published on December 21, 1993 (58 FR 67334). 
Pursuant to the Act, these areas have an attainment date of December 
31, 2000.

B. Finding of Attainment

    Once an area is designated nonattainment, section 188 of the Act 
outlines the process for classification of the area and establishes the 
area's attainment date. Pursuant to section 188(a), all PM-10 
nonattainment areas are initially classified as moderate by operation 
of law upon designation as nonattainment.
    EPA has the responsibility, pursuant to sections 179(c) and 
188(b)(2) of the Act, of determining within 6 months of the applicable 
attainment date whether PM-10 nonattainment areas have attained the 
NAAQS. Section 179(c)(1) of the Act provides that these determinations 
are to be based upon an area's ``air quality as of the attainment 
date'' and section 188(b)(2) is consistent with this requirement. EPA 
will make the determinations as to whether an area's air quality is 
meeting the PM-10 NAAQS based upon air quality data gathered at 
monitoring sites in the nonattainment area and entered into the 
Aerometric Information Retrieval System (AIRS). This data will be 
reviewed to determine the area's air quality status in accordance with 
EPA guidance at 40 CFR part 50, appendix K.
    Pursuant to appendix K, attainment of the annual PM-10 standard is 
achieved when the annual arithmetic mean PM-10 concentration is equal 
to or less than 50 <greek-m>g/m3. Attainment of the 24-hour standard is 
determined by calculating the expected number of exceedances of the 150 
<greek-m>g/m3 limit per year. The 24-hour standard is attained when the 
expected number of exceedances is 1.0 or less. A total of 3 consecutive 
years of clean air quality data is generally necessary to show 
attainment of the 24-hour and annual standards for PM-10. A complete 
year of air quality data, as referred to in 40 CFR part 50, appendix K, 
is comprised of all 4 calendar quarters with each quarter containing 
data from at least 75 percent of the scheduled sampling days.

II. Basis for EPA's Action

    The Weirton, West Virginia area contains four monitoring sites and 
each site has a continuous monitor which is scheduled to sample PM-10 
every day. In addition, one of the monitoring sites has a co-located 
monitor which samples on a 1 in 6 day sampling schedule. During the 
years 1998 through 2000, none of the monitoring sites recorded any 
exceedances of the 24-hour PM-10 standard. The maximum 24-hour 
concentration was 130 <greek-m>g/m<SUP>3</SUP> which occurred in 1998. 
Lower concentrations occurred in more recent years. The maximum annual 
concentration was 35.2 <greek-m>g/m<SUP>3</SUP> which also occurred in 
1998. These maximum concentrations are below the 24-hour standard of 
150 <greek-m>g/m<SUP>3</SUP> and the annual standard of 50 <greek-m>g/
m<SUP>3</SUP> respectively. Therefore, zero expected exceedances of the 
24-hour standard were predicted and no violations of the annual 
standard as defined in appendix K occurred during 1998-2000. During 
most calendar quarters, data collection was over 90% of the scheduled 
samples and the lowest percentage of quarterly observations from any 
monitor was 85%. Therefore, sufficient data was obtained in order to 
make a determination of attainment.
    Although the Weirton area has attained the PM-10 NAAQS, it will 
continue to carry the designation of nonattainment and the 
classification of moderate in 40 CFR part 81. The area may be 
redesignated to attainment under section 107(d)(3), if five criteria 
are met including the submittal of a maintenance plan as a SIP 
revision. A request to redesignate an area to attainment must be made 
by a State to EPA. EPA must review the request and required maintenance 
plan and follow rulemaking procedures to approve or disapprove it.
    EPA is publishing this document without prior proposal because the 
Agency views this determination of attainment based upon monitored air 
quality data as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to determine that the Weirton, West Virginia area achieved 
attainment by its attainment date of December 31, 2000 if adverse 
comments are filed. This document will be effective on July 2, 2001 
without further notice unless EPA receives adverse comment by June 15, 
2001. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the 
determination will not take effect. EPA will address all public 
comments in a subsequent final notice based on the proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

III. EPA's Final Action

    EPA is making the determination that the Weirton PM-10 
nonattainment area achieved attainment by its applicable attainment 
date of December 31, 2000. This area will continue to carry the 
designation of nonattainment and classification of moderate under 40 
CFR part 81, until the State of West Virginia submits a redesignation 
request and maintenance plan, and that request and maintenance plan are 
approved by EPA. This area is eligible to be redesignated to attainment 
under section 107(d)(3) of the Act, if the five criteria of that 
section are met.

IV. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and

[[Page 27036]]

therefore is not subject to review by the Office of Management and 
Budget. This action merely approves state law as meeting federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). Because this rule approves pre-existing requirements 
under state law and does not impose any additional enforceable duty 
beyond that required by state law, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-
4). This rule also does not have a substantial direct effect on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999) 
because it merely approves a state rule implementing a federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 (62 FR 19885, April 23, 
1997), because it is not economically significant. In reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the Clean Air Act. In this context, in the absence 
of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission that otherwise satisfies the provisions of 
the Clean Air Act. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action making a determination that the Weirton, 
West Virginia PM-10 nonattainment area has attained the PM-10 NAAQS by 
its applicable attainment date must be filed in the United States Court 
of Appeals for the appropriate circuit by July 16, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Particulate 
matter, Reporting and recordkeeping requirements.

    Dated: May 1, 2001.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 01-12349 Filed 5-15-01; 8:45 am]
BILLING CODE 6560-50-P


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