Browse: Departments Dates Agencies
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Parts 52 and 81
DOCUMENT ID: [R03-OAR-2004-WV-0001; FRL-7821-4]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Determination of Attainment and Redesignation of the City of Weirton PM10 Nonattainment Area to Attainment and Approval of the Maintenance Plan
DATES: This rule is effective on December 27, 2004 without further notice, unless EPA receives adverse written comment by November 26, 2004. 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.
DOCUMENT SUMMARY: EPA is determining that the City of Weirton PM
[[Page 62592]]
West Virginia Department of Environmental Protection's (WVDEP) request
to redesignate the Weirton area to attainment of the NAAQS for
PM
SUMMARY: West Virginia,
SUPPLEMENTAL INFORMATION
I. Background Under the CAA, EPA may redesignate areas to attainment if
sufficient data are available to warrant such changes and the area
meets the criteria contained in section 107(d)(3) of the CAA. These
criteria include full approval of a maintenance plan for the area. The
requirements for a maintenance plan are found in section 175A of the
CAA. The Weirton area, located in Hancock County and Brooke County
(part), was classified as an area likely to be in violation of the
PM
II. Summary of State Submittal
On May 24, 2004, the WVDEP submitted a redesignation request and
maintenance plan for the Weirton moderate PM
The WVDEP's submittal includes an analysis of qualityassured,
ambient air quality monitoring data documenting attainment of the NAAQS
for PM
III. Description and Evaluation of the Redesignation and Maintenance Plan
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) allows for
redesignation providing that: (1) The Administrator determines that the
area has attained the NAAQS; (2) The Administrator has fully approved
the applicable implementation plan for the area under Section 110; (3)
The Administrator determines that the improvement in air quality is due to permanent and enforceable reductions in emissions
[[Page 62593]]
resulting from implementation of the applicable Federal air pollutant
control regulations and other permanent and enforceable reductions; (4)
The Administrator has fully approved a maintenance plan for the area as
meeting the requirements of section 175(A); and, (5) The State
containing such area has met all requirements applicable to the area
under section 110 and part D. The EPA has reviewed the redesignation
request submitted by the WVDEP on May 24, 2004 for the Weirton area and
finds that its meets the five requirements for redesignation found in section 107(d)(3)(E) of the CAA.
A. Weirton Area Has Data Showing Attainment of the NAAQS for PM10
EPA's review of the monitoring data submitted by West Virginia
indicates that the Weirton area has attained, and continues to attain, both the 24hour and annual PM
PM
B. Weirton Area Has a Fully Approved SIP Under Section 110(k) and Has
Met All Applicable Requirements Under Section 110 and Part D of the CAA 1. Section 110 Requirements
General SIP elements are delineated in section 110(a)(2) of Title I, part A. These requirements include but are not limited to the following: submittal of a SIP that has been adopted by the state after reasonable notice and public hearing, provisions for establishment and operation of appropriate apparatus, methods, systems and procedures necessary to monitor ambient air quality, implementation of a permit program, provisions for part C, Prevention of Significant Deterioration (PSD), and part D, New Source Review (NSR) permit programs, criteria for stationary source emission control measures, monitoring and reporting, and provisions for public and local agency participation. The May 24, 2004 SIP submittal provided documentation of that the West Virginia SIP satisfies all of the section 110 and part D requirements of the CAA which apply to the Weirton area. EPA has concluded that the West Virginia SIP for the Weirton area satisfies all of the section 110 SIP requirements of the CAA.
2. Part D Requirements
Before the Weirton area may be redesignated to attainment, it must
have fulfilled the applicable requirements of part D of the CAA. As
stated previously, EPA had determined that certain part D requirements
are no longer required to be met by the Weirton area under EPA's May
10, 1995 CDP. The clean data area approach applies the policy already
in place for ozone nonattainment areas to selected PM
(b) The State must continue to operate an appropriate
PM
(c) The control measures for the area, which were responsible for
bringing the area into attainment, must be approved by EPA. In its May
24, 2004 submittal, the WVDEP provides details on the emission
reductions responsible for bringing the area into attainment. The
primary control measures to achieve attainment include making permanent
and enforceable the shutdown of specified steel manufacturing and
processing facilities which occurred after the Weirton area was
designated and classified nonattainment. The request for redesignation
specifically cites to a Federallyenforceable consent order between
State of West Virginia and the Weirton Steel Corporation. This consent
order was approved as a revision to the West Virginia SIP on May 5,
2004 ( 69 FR 24986). The requirements of the consent order resulted in
a permanent and enforceable reduction of 1345 tons per year of PM
(d) An emissions inventory must be completed for the area. An
emission inventory for the Weirton area was completed and submitted as
part of the maintenance plan which EPA is approving as part of this rulemaking.
(e) EPA must make a finding that the area attained the 24hour and annual PM
EPA published a notice in the Federal Register on May 16, 2001
announcing that the Weirton area had attained the NAAQS for
PM
However, any requirements that are connected solely to designation
or classification, such as new source review (NSR) and RACM/RACT, will
remain in effect. Therefore, the consent order approved as a revision
to the West Virginia SIP on May 5, 2004 ( 69 FR 24986) will remain in
effect after the Weirton area is redesignated. The Federal requirements
for new source review (NSR) in nonattainment areas are contained in
section 172(c)(5). The CAA and EPA guidance provide that the
requirements of the part D nonattainment area NSR program will be
replaced by the state's prevention of significant deterioration (PSD)
program when an area has reached attainment and been redesignated,
provided there are assurances that PSD will become fully effective
immediately upon redesignation. West Virginia's regulations for its PSD permitting program were approved into the West
[[Page 62594]]
Virginia SIP on April 11, 1986 (51 FR 12518). Under the West Virginia
SIP, the state's PSD permitting program will become fully effective in
the Weirton area immediately upon its redesignation to attainment.
C. The Improvement in Air Quality in the Weirton Area Is Due to Permanent and Enforceable Measures
The emission reductions responsible for bringing the Weirton area
into attainment have been made permanent and enforceable by the consent
order between the State of West Virginia and the Weirton Steel
Corporation (COSIPC200328). As discussed above, this consent order
was approved as a revision to the West Virginia SIP on May 5, 2004 (69
FR 24986). These emission reductions are permanent and enforceable.
Should any of the shutdown operations or facilities made permanent and
enforceable by the consent order seek to be become operational, they
would be subject to the West Virginia's SIP NSR requirements, including PSD once the Weirton area is redesignated.
D. West Virginia Has Submitted a Maintenance Plan for the Weirton Area Pursuant to Section 175A of the CAA
Section 175A of the CAA sets forth the necessary elements of a
maintenance plan needed for areas seeking redesignation from
nonattainment to attainment. The plan must demonstrate continued
attainment of the applicable NAAQS for at least 10 years after the EPA
approves a redesignation to attainment. If applicable, eight yeas after
the redesignation, West Virginia must submit a revised maintenance plan
which demonstrates attainment for the 10 years following the initial
10year period. To address potential future NAAQS violations, the
maintenance plan must contain contingency measure with a schedule for
implementation adequate to assure prompt correction of any air quality
problems. The State of West Virginia submitted a PM
Details of the Weirton area maintenance plan and how it satisfies the requirements of 175A are provided in the following paragraphs.
1. Emissions InventoryWest Virginia has submitted an Emission Inventory of sources in the Weirton area for calendar year 2001. The year 2001 is representative of the emissions in the Weirton area during the years 20002002, the three years for which quality assured ambient air quality data documenting attainment were submitted for Weirton area. By approving the maintenance plan, EPA is approving the emission inventory.
2. Maintenance demonstrationThe maintenance plan includes an
emission inventory of emission levels reflective of attainment in the
Weirton area and limits emissions to those levels which ensure
maintenance of the NAAQS for PM
3. Continuation of the monitoring networkWest Virginia has
indicated in the May 24, 2004 maintenance plan that it will continue to
monitor for PM
4. Verification of Continued AttainmentThe maintenance plan states that the WVDEP will review the monitoring data annually to verify continued attainment. WVDEP will also assess compliance of local facilities. If still required by the CAA, the Weirton area maintenance plan will be reassessed not later than eight years after the area is redesignated to attainment.
5. Contingency PlanThe WVDEP has indicated in the maintenance
plan that it will rely on ambient air monitored data to determine the
need to implement contingency measures. In the event of an exceedance
of the PM
In summary, EPA has determined that West Virginia's May 24, 2004
submittal satisfies the requirements of section 107(d)(3)(E) of the
CAA, and is redesignating the Weirton area to attainment for
PM
IV. Final Action
EPA is determining that the Weirton area has attained the NAAQS for
PM
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment as there was opportunity for stakeholder input in the
SIP development process. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on December 27, 2004
without further notice unless EPA receives adverse comment by November
26, 2004. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties interested in commenting must do so at this time.
[[Page 62595]]
V. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 preexisting 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 (Pub. L. 1044). This rule also does not have tribal implications because it will 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). This action also does not have Federalism implications because it does not 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). This action 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 ``Protection of Children from Environmental Health Risks and Safety Risks'' (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. 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 must be filed in the United States Court
of Appeals for the appropriate circuit by December 27, 2004. Filing a
petition for reconsideration by the Administrator of this final rule to
redesignate the Weirton area to attainment for PM
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.
40 CFR Part 81
Air Pollution Control, National parks, Wilderness areas.
Dated: September 20, 2004.
Thomas C. Voltaggio,
Acting Deputy Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XXWest Virginia
2. Section 52.2520 is amended by adding paragraph (c)(60) to read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
(60) The PM
(i) Incorporation by reference.
(A) Letter of May 24, 2004 from the West Virginia Department of
Environmental Protection transmitting the redesignation request and
maintenance plan for the City of Weirton PM
(B) PM
(ii) Additional Material.Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(60)(i) of this section.
PART 81[AMENDED]
Subpart CSection 107 Attainment Status Designations
1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. In Sec. 81.349, the table for ``West VirginiaPM
Sec. 81.349 West Virginia.
* * * * *
[[Page 62596]]
West VirginiaPM10
Designation Classification Designated area
Date Type Date Type
* * * * * * *
Hancock and Brooke Counties (part): The 12/27/2004 Attainment............................... City of Weirton.
* * * * * * * * * * * *
[FR Doc. 0423945 Filed 102604; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Linda Miller, (215) 814-2068 , or by email at miller.linda@epa.gov.
Common CFR Searches
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 26 CFR Part 1 50 CFR Part 679 40 CFR Part 180 47 CFR Part 73 33 CFR Part 117 50 CFR Part 17 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 26 CFR Part 301 50 CFR Part 622 39 CFR Part 111 40 CFR Part 300 50 CFR Part 660 44 CFR Part 65 40 CFR Parts 52 and 81 40 CFR Part 271 47 CFR Part 64 14 CFR Part 23 14 CFR Part 25 21 CFR Part 522 50 CFR Part 665 47 CFR Part 76 27 CFR Part 9