Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the New Manchester-Grant Magisterial District SO2, 33364-33368 [05-11381]
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33364
ACTION:
Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
Direct final rule; withdrawal.
SUMMARY: On April 14, 2005 EPA
published a direct final rule (71 FR
19702) approving revisions to the New
Mexico State Implementation Plan (SIP)
concerning the second ten-year carbon
monoxide (CO) maintenance plan for
the Albuquerque/Bernalillo County,
New Mexico area. The revision was
based on a request from the State
submitted to EPA on September 7, 2004.
In the proposed rules section of the
April 14, 2005 Federal Register (71 FR
19723), we stated that written comment
must be received by May 16, 2005. We
received written adverse comments
during the public comment period on
our April 14, 2005 rulemaking action.
The EPA is withdrawing this final rule
due to the adverse comments received
on this rulemaking action. In a
subsequent final rule, we will
summarize and respond to written
comments received and take final
rulemaking action on this requested
New Mexico SIP revision.
The direct final rule published at
71 FR 19702 is withdrawn on June 8,
2005.
DATES:
Copies of the documents
relevant to this action are available for
public inspection during normal
business hours at the following location.
Environmental Protection Agency,
Region 6, Air Planning Section (6PD–L),
1445 Ross Avenue, Dallas, Texas 75202–
2733.
ADDRESSES:
Mr.
Alan Shar, Air Planning Section (6PD–
L), EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, telephone
(214) 665–6691, and shar.alan@epa.gov.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: May 31, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
Accordingly, under the authority of
42 U.S.C 7401–7671q, the direct final
rule published on April 14, 2005 (71 FR
19702), with the effective date of June
13, 2005 is withdrawn.
[FR Doc. 05–11272 Filed 6–7–05; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[R03–OAR–2004–WV–0003; FRL–7922–1]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Redesignation of the New
Manchester-Grant Magisterial District
SO2 Nonattainment Area and Approval
of the Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve a request by the State
of West Virginia to redesignate the New
Manchester-Grant Magisterial District
sulfur dioxide (SO2) nonattainment area
in Hancock County, West Virginia from
nonattainment to attainment of the
national ambient air quality standards
(NAAQS) for SO2. EPA is also approving
the maintenance plan for this area
submitted by the State of West Virginia
as a revision to the West Virginia State
Implementation Plan (SIP). This plan
provides for the maintenance of the
NAAQS for SO2 for the next ten years.
These actions are being taken in
accordance with the Clean Air Act (CAA
or the Act).
DATES: This rule is effective on August
8, 2005 without further notice, unless
EPA receives adverse written comment
by July 8, 2005. 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: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R03–OAR–
2004–WV–0003 by one of the following
methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Agency Web site: https://
www.docket.epa.gov/rmepub/. RME,
EPA’s electronic public docket and
comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
C. E-mail: campbell.dave@epa.gov.
D. Mail: R03–OAR–2004–WV–0003,
David Campbell, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previouslylisted EPA Region III address. Such
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deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
RME ID No. R03–OAR–2004–WV–0003.
EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.docket.epa.gov/rmepub/,
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 RME,
regulations.gov or e-mail. The EPA RME
and the Federal regulations.gov Web
sites are an ‘‘anonymous access’’
system, which means EPA will not
know your identify or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through RME or regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the RME
index at https://www.docket.epa.gov/
rmepub/. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in RME or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the West Virginia
Department of Environmental
Protection, Division of Air Quality, 7012
MacCorkle Avenue, SE., Charleston,
West Virginia 25304–2943.
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FOR FURTHER INFORMATION CONTACT:
Ellen Wentworth, (215) 814–2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The New Manchester-Grant
Magisterial District of Hancock County
was designated as an SO2 nonattainment
area on March 3, 1978 (43 FR 8962), as
amended on September 12, 1978 (43 FR
40502). On July 24, 1979 (44 FR 43298),
and August 14, 1980 (45 FR 54042), EPA
proposed and finalized, respectively, a
revision to the West Virginia SIP for
SO2. The revision contained a control
strategy and attainment demonstration
for the New Manchester-Grant area.
On February 5, 1990, EPA issued a
SIP call to West Virginia which, among
other things, required the submission of
a SIP revision to attain and maintain the
NAAQS for SO2 in all of Hancock
County, including the New ManchesterGrant nonattainment area. The SIP call
was issued because monitored
violations of the NAAQS indicated that
the previously approved SIP for the area
was inadequate. On November 15, 1990,
amendments to the Act were
promulgated which provided that any
area designated with respect to the
NAAQS, as in effect immediately before
November 15, 1990, shall retain that
designation by operation of law.
Therefore, the New Manchester-Grant
Magisterial District, in Hancock County,
West Virginia remained designated as
nonattainment for SO2 by operation of
law.
On February 17, 1995 and May 3,
1996, West Virginia submitted a formal
SIP revision for the New ManchesterGrant Magisterial District nonattainment
area. The SIP revision included
individual consent orders, dated
January 9, 1995, between the West
Virginia Department of Environmental
Protection (WVDEP) and the Quaker
State Refinery, and the WVDEP and
Weirton Steel Corporation. These
consent orders established SO2 emission
limits for numerous emission points at
both facilities. The SIP revision also
included a demonstration of attainment
in the New Manchester-Grant
nonattainment area. EPA determined
that the submittal was administratively
and technically complete and, on
November 27, 1996 (61 FR 60191), EPA
approved this SIP revision for the New
Manchester-Grant Magisterial District.
On December 29, 2003, West Virginia
submitted an attainment demonstration
SIP revision for the City of Weirton,
including the Clay and Butler
Magisterial Districts, in Hancock
County, West Virginia. That revision
included a revised consent order, dated
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August 4, 2003, between the WVDEP
and the Weirton Steel Corporation,
establishing enforceable emission limits
for numerous emission points at the
facility. On May 5, 2004, (69 FR 24986),
EPA approved this revised consent
order as part of the attainment
demonstration SIP revision for the City
of Weirton including the Clay and
Butler Magisterial Districts area. It
should be noted that this revised
consent order did not allow for any
increases in SO2 emissions above those
modeled for Weirton Steel Corporation
in the attainment demonstration SIP
revision for the New Manchester-Grant
Magisterial District approved by EPA on
November 27, 1996 (61 FR 60191).
II. Summary of the Redesignation
Request and Maintenance Plan
On July 27, 2004, the State of West
Virginia submitted a redesignation
request for the New Manchester-Grant
Magisterial District, Hancock County,
West Virginia SO2 nonattainment area.
The State’s July 27, 2004 submittal also
included a maintenance plan for
approval by EPA as a SIP revision.
Under the Act, EPA may redesignate
nonattainment areas to attainment if
sufficient data are available to warrant
such changes and the area meets the
criteria contained in section
107(d)(3)(E). These criteria include full
approval of a maintenance plan which
meets the requirements of section 175A
of the Act.
III. Redesignation Criteria
Section 107(d)(3)(E) of the CAA
specifies five requirements that must be
met to redesignate an area to attainment.
They are as follows:
A. The area must meet the applicable
NAAQS.
B. The area must have a fully
approved SIP under section 110(k).
C. The area must show improvement
in air quality due to permanent and
enforceable reductions in emissions.
D. The area must meet all relevant
requirements under section 110 and part
D of the Act.
E. The area must have a fully
approved maintenance plan pursuant to
section 175A.
The EPA has reviewed the
redesignation request submitted by the
State of West Virginia for the New
Manchester-Grant Magisterial District
SO2 nonattainment area, and finds that
the request meets the five requirements
of section 107(d)(3)(E).
A. The Data Shows Attainment of the
NAAQS for SO2
A review of the monitored ambient air
quality data indicates that the NAAQS
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have been achieved in the New
Manchester-Grant Magisterial District
SO2 nonattainment area. Quality
assured/quality controlled data for the
most recent three whole calendar years
(2001–2003) is included in West
Virginia’s July 27, 2004 submittal. This
data was collected and quality assured
in accordance with 40 CFR part 58, and
has been entered into EPA’s Air Quality
System (AQS) of the Aerometric
Information Retrieval System (AIRS).
This data indicates that the ambient air
quality attains the annual and 24-hour
health-based primary standards and the
3-hour secondary standard. The primary
standards are an annual mean of 0.030
parts per million (ppm), not to be
exceeded in a calendar year, and a 24hour average of 0.14 ppm, not to be
exceeded more than once per calendar
year. The secondary standard is a 3-hour
average of 0.5 ppm, not to be exceeded
more than once per calendar year. West
Virginia’s quality-assured SO2 ambient
air monitoring data indicates that the
New Manchester-Grant SO2 area has
attained the NAAQS for SO2. No
violations of the SO2 standards have
occurred for a period of time nearing ten
years. A table summarizing the
monitoring data that has been collected
in the New Manchester-Grant area by
West Virginia since 1992 can be found
in the formal submittal and that
submittal is available for review in the
docket prepared in support of this
rulemaking action. There are currently
four monitors operating within the
nonattainment area: Chester,
Lawrenceville, New Manchester, and
New Cumberland. All of the monitors
meet the requirements of 40 CFR parts
53 and 58, and are representative of the
highest ambient concentrations.
B. The Area Has a Fully Approved SIP
Under Section 110(k) of the CAA
On November 27, 1996 (61 FR 60191),
EPA fully approved a SIP revision for
the New Manchester-Grant Magisterial
District SO2 nonattainment area
consisting of an attainment
demonstration and enforceable consent
orders for two sources in Hancock
County, West Virginia. This attainment
demonstration consisted of a dispersion
modeling analysis based upon the
enforceable SO2 emission limits
imposed on the two contributing
sources in enforceable consent orders,
in addition to a representative
background. This modeling analysis
demonstrated that the maximum
allowable SO2 emission limitations
imposed on the contributing sources
provide for attainment and maintenance
of the NAAQS for SO2.
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Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
The Federal requirements for new
source review (NSR) in nonattainment
areas are contained in section 172(c)(5)
of the CAA. EPA guidance indicates the
requirements of the part D NSR program
will be replaced by the 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 upon redesignation.
Regulations for the PSD of air quality
were approved into the West Virginia
SIP on April 11, 1986 (51 FR 12518),
and will become fully effective in the
New Manchester-Grant area
immediately upon the effective date of
redesignation.
C. The Improvement in Air Quality Is
Due to Permanent and Enforceable
Reductions
The improvement in air quality in the
New Manchester-Grant Magisterial
District SO2 nonattainment area is due
to permanent and enforceable emission
reductions. The primary sources of SO2
in the New Manchester area are the steel
manufacturing and petroleum
processing facilities. Enforceable SO2
emission limitations and other control
measures (including permanent
shutdowns, fuel switching and emission
caps) imposed by the State of West
Virginia on contributing sources have
substantially lowered ambient SO2
levels and have brought the area into
attainment. As previously stated, on
November 27, 1996 (61 FR 60191), EPA
approved a SIP revision for the New
Manchester-Grant Magisterial District
consisting of a modeled attainment
demonstration and consent orders
between West Virginia and Quaker State
Refinery and Weirton Steel Corporation,
dated January 9, 1995, limiting each
facility’s SO2 emissions and providing
attainment of the SO2 NAAQS in the
area.
If a new source applies to construct or
an existing source applies for a
modification after EPA redesignates the
area to attainment, the permitting
provisions of West Virginia’s approved
SIP, including those for Prevention of
Significant Deterioration (PSD), require
that emission limits and control
measures be imposed to protect the
NAAQS and all applicable PSD
increments.
D. All Applicable Requirements of
Section 110 and Subpart 1, Part D of the
CAA Have Been Met
The New Manchester-Grant
Magisterial District nonattainment area
has met all the applicable and necessary
requirements of section 110 and subpart
1, of part D of the CAA. As mentioned
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previously, the modeled attainment
demonstration for the New ManchesterGrant area and emission limitations
established by permits and consent
orders were fully approved by EPA as a
SIP revision for the area, and West
Virginia’s PSD and NSR programs were
approved by EPA. EPA approval of a
transportation conformity SIP revision
for this area is not required for
redesignation because the nature of the
area’s previous SO2 nonattainment
problem was not attributable to the
mobile or transportation sector. The
attainment demonstration SIP revision
approved by EPA on November 27, 1996
(61 FR 60191) for the area contained a
detailed emissions inventory of all
sources of SO2. That inventory was
approved by EPA as part of the SIP
revision. Sulfur dioxide emissions from
area and mobile sources are not
significant contributors to ambient SO2
levels in the area, rather the
overwhelming contributing emissions
are from stationary sources.
E. The Area Must Have a Fully
Approved Maintenance Plan Under
Section 175A
Section 107(d)(3)(E) of the CAA
requires that a maintenance plan be
fully approved by EPA before an area
can be redesignated to attainment. The
maintenance plan is to be submitted and
approved as a SIP revision under
section 110 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. A
maintenance plan must contain the
following elements:
1. An emissions inventory reflective
of SO2 emissions in the monitored
attainment years;
2. A maintenance demonstration
which is expected to provide adequate
assurance of maintenance over the
initial 10-year period;
3. A commitment to continue
monitoring in the area;
4. A method for verifying continued
attainment; and
5. A contingency plan with specific
indicators or triggers for implementation
of the plan.
The maintenance plan for the New
Manchester-Grant Magisterial District
area is being submitted to EPA for
approval as a SIP revision concurrently
with the request for redesignation. The
maintenance plan shows that the
NAAQS for SO2 will be maintained for
at least 10 years after redesignation. The
maintenance plan must also include
contingency measures to address any
violation of the NAAQS. Eight years
after the redesignation, West Virginia
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must submit a revised maintenance plan
which demonstrates attainment for the
10 years following the initial 10-year
period.
1. Emissions Inventory
The maintenance plan submitted
indicates that the attainment inventory
is the emissions inventory used to
perform the modeling demonstration of
attainment and provides updates to that
inventory for 2001 for sources in the
New Manchester-Grant nonattainment
area. Any future increases in emissions
and/or significant changes to the stack
configuration parameters from those
modeled in the attainment
demonstration due to new or modifying
stationary sources would be subject to
NSR requirements, including a
demonstration that the NAAQS is
protected.
2. Maintenance Demonstration
The modeling demonstration of
attainment submitted by West Virginia,
which was fully approved by EPA on
November 27, 1996 (61 FR 60191),
showed attainment of each of the SO2
NAAQS. Modeling results submitted
indicate future NAAQS maintenance for
the area. No modifications or
installations have been made that
detrimentally affect the modeling
results. The major source changes in the
area consist of permanent shutdowns,
which will reinforce the continued
attainment in the area. A shift in
employment from manufacturing to
commercial business, and the declining
steel industry and ancillary industries
in the area indicate a continued
decrease in SO2 emissions from
stationary sources. The requirement for
PSD review and permitting for any
future major source construction or
modification and the permanent and
enforceable control measures were
provided in the maintenance plan.
Subsequent to redesignation, any major
source construction or modification will
be subject to West Virginia’s PSD
requirements, including a modeling
demonstration to ensure maintenance of
the NAAQS. A projected decrease in
population along with a decrease in
occupied households for the years
1990–2025 indicates that no new growth
is anticipated to impact emissions in the
area. The State of West Virginia is
confident that the area will maintain the
NAAQS for SO2 for the next ten years.
3. Continuation of the Monitoring
Network
West Virginia has indicated in the
submitted maintenance plan that it will
continue to monitor SO2 in the New
Manchester-Grant area in accordance
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with 40 CFR 53 and 58 to verify
continued attainment with the NAAQS
for SO2.
4. Verification of Continued Attainment
West Virginia has committed in the
maintenance plan to review the
monitored data annually, and to review
the local monitored meteorological data.
The WVDEP will also assess compliance
of local targeted facilities to verify
continued attainment of the area. The
State will review the annual emissions
inventory for the New Manchester-Grant
area at a minimum of once every three
years.
5. Contingency Plan
West Virginia will rely on ambient air
monitoring data in the New ManchesterGrant area to track compliance with the
NAAQS for SO2 and to determine the
need to implement contingency
measures. In the event that an
exceedance of the NAAQS for SO2
occurs, the State will expeditiously
investigate and determine the source(s)
that caused the exceedance and enforce
any SIP or permit limit that is violated.
In the event that all sources are found
to be in compliance with applicable SIP
and permit emission limits, the State
shall perform the necessary analysis to
determine the cause(s) of the
exceedance, and determine what
additional control measures are
necessary to impose on the area’s
stationary sources to continue to
maintain attainment of the NAAQS for
SO2. The State shall inform any affected
stationary source(s) of SO2 of the
potential need for additional control
measures. If there is a violation of the
NAAQS for SO2, the State will notify
the stationary source(s) that the
potential exists for a NAAQS violation.
Within six months, the source(s) must
submit a detailed plan of action
specifying additional control measures
to be implemented no later than 18
months after the notification. The
additional control measures will be
submitted to EPA for approval and
incorporation into the SIP.
If an exceedance of an SO2 NAAQS
occurs, the State will notify the subject
companies that the potential exists for a
NAAQS violation. The subject
companies must then prepare a detailed
plan of action containing control
measures for implementation in the
event of a violation. This plan of action
shall include an implementation time
line and shall be submitted to the State
within six months of notification that
the potential exists for a violation. The
final milestone of this action plan and
time line will state that the contingency
measures will be implemented no later
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than 18 months after the State informs
the subject companies that a violation of
the standards has occurred. Any
additional control measures will be
submitted to EPA for approval and
incorporation into the SIP.
IV. Final Action
EPA is approving West Virginia’s
request to redesignate the New
Manchester-Grant Magisterial District
SO2 nonattainment area to attainment
because the State has complied with the
requirements of section 107(d)(3)(E) of
the CAA. In addition, EPA is approving
West Virginia’s maintenance plan for
the New Manchester-Grant Magisterial
District as a SIP revision because it
meets the requirements of section 175A.
EPA is publishing this rule without
prior proposal because the Agency
views this 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 approve the SIP revision if adverse
comments are filed. This rule will be
effective on August 8, 2005 without
further notice unless EPA receives
adverse comment by July 8, 2005. 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.
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 pre-existing requirements
under State law and does not impose
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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. 104–4). 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
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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 August 8, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule to
redesignate the New Manchester-Grant
Magisterial District to attainment for
SO2 and approve the maintenance plan
Dated: May 31, 2005.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
for the area, 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).)
40 CFR Part 52
40 CFR parts 52 and 81 are amended
as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
List of Subjects
Subpart XX—West Virginia
2. In § 52.2520 the table in paragraph
(e) is amended by adding an entry at the
end of the table for the Sulfur Dioxide
Maintenance Plan, New ManchesterGrant Magisterial District in West
Virginia to read as follows:
I
Environmental protection, Air
pollution control, Reporting and
recordkeeping requirements, Sulfur
oxides.
40 CFR Part 81
§ 52.2520
Air pollution control, National parks,
Wilderness areas.
*
Applicable geographic
area
Name of non-regulatory SIP revision
*
*
*
Sulfur Dioxide Maintenance Plan ..............................
State submittal
date
*
New Manchester-Grant
Magisterial District in
Hancock County.
*
7/27/04
Identification of plan.
*
*
(e) * * *
*
*
Additional
explanation
EPA approval date
*
6/08/05 [Insert page
number where the document begins].
*
PART 81—[AMENDED]
Subpart C—Section 107 Attainment
Status Designations
magisterial district in Hancock County’’
to read as follows:
1. The authority citation for part 81
continues to read as follows:
2. Section 81.349, the table for ‘‘West
Virginia—SO2’’ is amended by revising
the entry for ‘‘New Manchester-Grant
§ 81.349
I
I
Authority: 42 U.S.C. 7401 et seq.
*
West Virginia.
*
*
*
*
WEST VIRGINIA—SO2
Does not meet
primary
standards
Designated area
*
*
*
*
New Manchester-Grant magisterial district in Hancock County ......................
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[FRL–7921–6]
National Oil and Hazardous Substance
Pollution Contingency Plan; National
Priorities List
AGENCY:
Environmental Protection
Agency.
VerDate jul<14>2003
15:35 Jun 07, 2005
*
........................ ........................
*
Direct final notice of deletion of
the Delatte Metals Superfund Site from
the National Priorities List.
Jkt 205250
SUMMARY: The Environmental Protection
Agency (EPA) Region 6 is publishing a
direct final notice of deletion of the
Delatte Metals Superfund Site (Site),
located in Ponchatoula, Tangipahoa
Parish, Louisiana, from the National
Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
appendix B of 40 CFR part 300, which
is the National Oil and Hazardous
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
Cannot be
classified
Better than
national
standards
*
........................
*
*
*
ACTION:
[FR Doc. 05–11381 Filed 6–7–05; 8:45 am]
Does not meet
secondary
standards
*
X
Substances Pollution Contingency Plan
(NCP). This direct final notice of
deletion is being published by EPA with
the concurrence of the State of
Louisiana, through the Louisiana
Department of Environmental Quality
(LDEQ), because EPA has determined
that all appropriate response actions
under CERCLA have been completed
and, therefore, further remedial action
pursuant to CERCLA is not appropriate.
This direct final notice of
deletion will be effective August 8, 2005
unless EPA receives adverse comments
by July 8, 2005. If adverse comments are
received, EPA will publish a timely
DATES:
E:\FR\FM\08JNR1.SGM
08JNR1
Agencies
[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Rules and Regulations]
[Pages 33364-33368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11381]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R03-OAR-2004-WV-0003; FRL-7922-1]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Redesignation of the New Manchester-Grant Magisterial
District SO2 Nonattainment Area and Approval of the Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a request by the
State of West Virginia to redesignate the New Manchester-Grant
Magisterial District sulfur dioxide (SO2) nonattainment area
in Hancock County, West Virginia from nonattainment to attainment of
the national ambient air quality standards (NAAQS) for SO2.
EPA is also approving the maintenance plan for this area submitted by
the State of West Virginia as a revision to the West Virginia State
Implementation Plan (SIP). This plan provides for the maintenance of
the NAAQS for SO2 for the next ten years. These actions are
being taken in accordance with the Clean Air Act (CAA or the Act).
DATES: This rule is effective on August 8, 2005 without further notice,
unless EPA receives adverse written comment by July 8, 2005. 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: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R03-OAR-2004-WV-0003 by one of the following
methods:
A. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. Agency Web site: https://www.docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
C. E-mail: campbell.dave@epa.gov.
D. Mail: R03-OAR-2004-WV-0003, David Campbell, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to RME ID No. R03-OAR-2004-WV-
0003. EPA's policy is that all comments received will be included in
the public docket without change, and may be made available online at
https://www.docket.epa.gov/rmepub/, 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 RME, regulations.gov
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an
``anonymous access'' system, which means EPA will not know your
identify or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at https://www.docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 7012 MacCorkle Avenue, SE.,
Charleston, West Virginia 25304-2943.
[[Page 33365]]
FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The New Manchester-Grant Magisterial District of Hancock County was
designated as an SO2 nonattainment area on March 3, 1978 (43
FR 8962), as amended on September 12, 1978 (43 FR 40502). On July 24,
1979 (44 FR 43298), and August 14, 1980 (45 FR 54042), EPA proposed and
finalized, respectively, a revision to the West Virginia SIP for
SO2. The revision contained a control strategy and
attainment demonstration for the New Manchester-Grant area.
On February 5, 1990, EPA issued a SIP call to West Virginia which,
among other things, required the submission of a SIP revision to attain
and maintain the NAAQS for SO2 in all of Hancock County,
including the New Manchester-Grant nonattainment area. The SIP call was
issued because monitored violations of the NAAQS indicated that the
previously approved SIP for the area was inadequate. On November 15,
1990, amendments to the Act were promulgated which provided that any
area designated with respect to the NAAQS, as in effect immediately
before November 15, 1990, shall retain that designation by operation of
law. Therefore, the New Manchester-Grant Magisterial District, in
Hancock County, West Virginia remained designated as nonattainment for
SO2 by operation of law.
On February 17, 1995 and May 3, 1996, West Virginia submitted a
formal SIP revision for the New Manchester-Grant Magisterial District
nonattainment area. The SIP revision included individual consent
orders, dated January 9, 1995, between the West Virginia Department of
Environmental Protection (WVDEP) and the Quaker State Refinery, and the
WVDEP and Weirton Steel Corporation. These consent orders established
SO2 emission limits for numerous emission points at both
facilities. The SIP revision also included a demonstration of
attainment in the New Manchester-Grant nonattainment area. EPA
determined that the submittal was administratively and technically
complete and, on November 27, 1996 (61 FR 60191), EPA approved this SIP
revision for the New Manchester-Grant Magisterial District.
On December 29, 2003, West Virginia submitted an attainment
demonstration SIP revision for the City of Weirton, including the Clay
and Butler Magisterial Districts, in Hancock County, West Virginia.
That revision included a revised consent order, dated August 4, 2003,
between the WVDEP and the Weirton Steel Corporation, establishing
enforceable emission limits for numerous emission points at the
facility. On May 5, 2004, (69 FR 24986), EPA approved this revised
consent order as part of the attainment demonstration SIP revision for
the City of Weirton including the Clay and Butler Magisterial Districts
area. It should be noted that this revised consent order did not allow
for any increases in SO2 emissions above those modeled for
Weirton Steel Corporation in the attainment demonstration SIP revision
for the New Manchester-Grant Magisterial District approved by EPA on
November 27, 1996 (61 FR 60191).
II. Summary of the Redesignation Request and Maintenance Plan
On July 27, 2004, the State of West Virginia submitted a
redesignation request for the New Manchester-Grant Magisterial
District, Hancock County, West Virginia SO2 nonattainment
area. The State's July 27, 2004 submittal also included a maintenance
plan for approval by EPA as a SIP revision. Under the Act, EPA may
redesignate nonattainment areas to attainment if sufficient data are
available to warrant such changes and the area meets the criteria
contained in section 107(d)(3)(E). These criteria include full approval
of a maintenance plan which meets the requirements of section 175A of
the Act.
III. Redesignation Criteria
Section 107(d)(3)(E) of the CAA specifies five requirements that
must be met to redesignate an area to attainment. They are as follows:
A. The area must meet the applicable NAAQS.
B. The area must have a fully approved SIP under section 110(k).
C. The area must show improvement in air quality due to permanent
and enforceable reductions in emissions.
D. The area must meet all relevant requirements under section 110
and part D of the Act.
E. The area must have a fully approved maintenance plan pursuant to
section 175A.
The EPA has reviewed the redesignation request submitted by the
State of West Virginia for the New Manchester-Grant Magisterial
District SO2 nonattainment area, and finds that the request
meets the five requirements of section 107(d)(3)(E).
A. The Data Shows Attainment of the NAAQS for SO2
A review of the monitored ambient air quality data indicates that
the NAAQS have been achieved in the New Manchester-Grant Magisterial
District SO2 nonattainment area. Quality assured/quality
controlled data for the most recent three whole calendar years (2001-
2003) is included in West Virginia's July 27, 2004 submittal. This data
was collected and quality assured in accordance with 40 CFR part 58,
and has been entered into EPA's Air Quality System (AQS) of the
Aerometric Information Retrieval System (AIRS). This data indicates
that the ambient air quality attains the annual and 24-hour health-
based primary standards and the 3-hour secondary standard. The primary
standards are an annual mean of 0.030 parts per million (ppm), not to
be exceeded in a calendar year, and a 24-hour average of 0.14 ppm, not
to be exceeded more than once per calendar year. The secondary standard
is a 3-hour average of 0.5 ppm, not to be exceeded more than once per
calendar year. West Virginia's quality-assured SO2 ambient
air monitoring data indicates that the New Manchester-Grant
SO2 area has attained the NAAQS for SO2. No
violations of the SO2 standards have occurred for a period
of time nearing ten years. A table summarizing the monitoring data that
has been collected in the New Manchester-Grant area by West Virginia
since 1992 can be found in the formal submittal and that submittal is
available for review in the docket prepared in support of this
rulemaking action. There are currently four monitors operating within
the nonattainment area: Chester, Lawrenceville, New Manchester, and New
Cumberland. All of the monitors meet the requirements of 40 CFR parts
53 and 58, and are representative of the highest ambient
concentrations.
B. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA
On November 27, 1996 (61 FR 60191), EPA fully approved a SIP
revision for the New Manchester-Grant Magisterial District
SO2 nonattainment area consisting of an attainment
demonstration and enforceable consent orders for two sources in Hancock
County, West Virginia. This attainment demonstration consisted of a
dispersion modeling analysis based upon the enforceable SO2
emission limits imposed on the two contributing sources in enforceable
consent orders, in addition to a representative background. This
modeling analysis demonstrated that the maximum allowable
SO2 emission limitations imposed on the contributing sources
provide for attainment and maintenance of the NAAQS for SO2.
[[Page 33366]]
The Federal requirements for new source review (NSR) in
nonattainment areas are contained in section 172(c)(5) of the CAA. EPA
guidance indicates the requirements of the part D NSR program will be
replaced by the 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 upon
redesignation. Regulations for the PSD of air quality were approved
into the West Virginia SIP on April 11, 1986 (51 FR 12518), and will
become fully effective in the New Manchester-Grant area immediately
upon the effective date of redesignation.
C. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions
The improvement in air quality in the New Manchester-Grant
Magisterial District SO2 nonattainment area is due to
permanent and enforceable emission reductions. The primary sources of
SO2 in the New Manchester area are the steel manufacturing
and petroleum processing facilities. Enforceable SO2
emission limitations and other control measures (including permanent
shutdowns, fuel switching and emission caps) imposed by the State of
West Virginia on contributing sources have substantially lowered
ambient SO2 levels and have brought the area into
attainment. As previously stated, on November 27, 1996 (61 FR 60191),
EPA approved a SIP revision for the New Manchester-Grant Magisterial
District consisting of a modeled attainment demonstration and consent
orders between West Virginia and Quaker State Refinery and Weirton
Steel Corporation, dated January 9, 1995, limiting each facility's
SO2 emissions and providing attainment of the SO2
NAAQS in the area.
If a new source applies to construct or an existing source applies
for a modification after EPA redesignates the area to attainment, the
permitting provisions of West Virginia's approved SIP, including those
for Prevention of Significant Deterioration (PSD), require that
emission limits and control measures be imposed to protect the NAAQS
and all applicable PSD increments.
D. All Applicable Requirements of Section 110 and Subpart 1, Part D of
the CAA Have Been Met
The New Manchester-Grant Magisterial District nonattainment area
has met all the applicable and necessary requirements of section 110
and subpart 1, of part D of the CAA. As mentioned previously, the
modeled attainment demonstration for the New Manchester-Grant area and
emission limitations established by permits and consent orders were
fully approved by EPA as a SIP revision for the area, and West
Virginia's PSD and NSR programs were approved by EPA. EPA approval of a
transportation conformity SIP revision for this area is not required
for redesignation because the nature of the area's previous
SO2 nonattainment problem was not attributable to the mobile
or transportation sector. The attainment demonstration SIP revision
approved by EPA on November 27, 1996 (61 FR 60191) for the area
contained a detailed emissions inventory of all sources of
SO2. That inventory was approved by EPA as part of the SIP
revision. Sulfur dioxide emissions from area and mobile sources are not
significant contributors to ambient SO2 levels in the area,
rather the overwhelming contributing emissions are from stationary
sources.
E. The Area Must Have a Fully Approved Maintenance Plan Under Section
175A
Section 107(d)(3)(E) of the CAA requires that a maintenance plan be
fully approved by EPA before an area can be redesignated to attainment.
The maintenance plan is to be submitted and approved as a SIP revision
under section 110 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. A maintenance plan must
contain the following elements:
1. An emissions inventory reflective of SO2 emissions in
the monitored attainment years;
2. A maintenance demonstration which is expected to provide
adequate assurance of maintenance over the initial 10-year period;
3. A commitment to continue monitoring in the area;
4. A method for verifying continued attainment; and
5. A contingency plan with specific indicators or triggers for
implementation of the plan.
The maintenance plan for the New Manchester-Grant Magisterial
District area is being submitted to EPA for approval as a SIP revision
concurrently with the request for redesignation. The maintenance plan
shows that the NAAQS for SO2 will be maintained for at least
10 years after redesignation. The maintenance plan must also include
contingency measures to address any violation of the NAAQS. Eight years
after the redesignation, West Virginia must submit a revised
maintenance plan which demonstrates attainment for the 10 years
following the initial 10-year period.
1. Emissions Inventory
The maintenance plan submitted indicates that the attainment
inventory is the emissions inventory used to perform the modeling
demonstration of attainment and provides updates to that inventory for
2001 for sources in the New Manchester-Grant nonattainment area. Any
future increases in emissions and/or significant changes to the stack
configuration parameters from those modeled in the attainment
demonstration due to new or modifying stationary sources would be
subject to NSR requirements, including a demonstration that the NAAQS
is protected.
2. Maintenance Demonstration
The modeling demonstration of attainment submitted by West
Virginia, which was fully approved by EPA on November 27, 1996 (61 FR
60191), showed attainment of each of the SO2 NAAQS. Modeling
results submitted indicate future NAAQS maintenance for the area. No
modifications or installations have been made that detrimentally affect
the modeling results. The major source changes in the area consist of
permanent shutdowns, which will reinforce the continued attainment in
the area. A shift in employment from manufacturing to commercial
business, and the declining steel industry and ancillary industries in
the area indicate a continued decrease in SO2 emissions from
stationary sources. The requirement for PSD review and permitting for
any future major source construction or modification and the permanent
and enforceable control measures were provided in the maintenance plan.
Subsequent to redesignation, any major source construction or
modification will be subject to West Virginia's PSD requirements,
including a modeling demonstration to ensure maintenance of the NAAQS.
A projected decrease in population along with a decrease in occupied
households for the years 1990-2025 indicates that no new growth is
anticipated to impact emissions in the area. The State of West Virginia
is confident that the area will maintain the NAAQS for SO2
for the next ten years.
3. Continuation of the Monitoring Network
West Virginia has indicated in the submitted maintenance plan that
it will continue to monitor SO2 in the New Manchester-Grant
area in accordance
[[Page 33367]]
with 40 CFR 53 and 58 to verify continued attainment with the NAAQS for
SO2.
4. Verification of Continued Attainment
West Virginia has committed in the maintenance plan to review the
monitored data annually, and to review the local monitored
meteorological data. The WVDEP will also assess compliance of local
targeted facilities to verify continued attainment of the area. The
State will review the annual emissions inventory for the New
Manchester-Grant area at a minimum of once every three years.
5. Contingency Plan
West Virginia will rely on ambient air monitoring data in the New
Manchester-Grant area to track compliance with the NAAQS for
SO2 and to determine the need to implement contingency
measures. In the event that an exceedance of the NAAQS for
SO2 occurs, the State will expeditiously investigate and
determine the source(s) that caused the exceedance and enforce any SIP
or permit limit that is violated. In the event that all sources are
found to be in compliance with applicable SIP and permit emission
limits, the State shall perform the necessary analysis to determine the
cause(s) of the exceedance, and determine what additional control
measures are necessary to impose on the area's stationary sources to
continue to maintain attainment of the NAAQS for SO2. The
State shall inform any affected stationary source(s) of SO2
of the potential need for additional control measures. If there is a
violation of the NAAQS for SO2, the State will notify the
stationary source(s) that the potential exists for a NAAQS violation.
Within six months, the source(s) must submit a detailed plan of action
specifying additional control measures to be implemented no later than
18 months after the notification. The additional control measures will
be submitted to EPA for approval and incorporation into the SIP.
If an exceedance of an SO2 NAAQS occurs, the State will
notify the subject companies that the potential exists for a NAAQS
violation. The subject companies must then prepare a detailed plan of
action containing control measures for implementation in the event of a
violation. This plan of action shall include an implementation time
line and shall be submitted to the State within six months of
notification that the potential exists for a violation. The final
milestone of this action plan and time line will state that the
contingency measures will be implemented no later than 18 months after
the State informs the subject companies that a violation of the
standards has occurred. Any additional control measures will be
submitted to EPA for approval and incorporation into the SIP.
IV. Final Action
EPA is approving West Virginia's request to redesignate the New
Manchester-Grant Magisterial District SO2 nonattainment area
to attainment because the State has complied with the requirements of
section 107(d)(3)(E) of the CAA. In addition, EPA is approving West
Virginia's maintenance plan for the New Manchester-Grant Magisterial
District as a SIP revision because it meets the requirements of section
175A.
EPA is publishing this rule without prior proposal because the
Agency views this 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 approve the SIP revision if adverse comments are
filed. This rule will be effective on August 8, 2005 without further
notice unless EPA receives adverse comment by July 8, 2005. 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.
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 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 (Pub. L. 104-4). 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
[[Page 33368]]
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 August 8, 2005. Filing a
petition for reconsideration by the Administrator of this final rule to
redesignate the New Manchester-Grant Magisterial District to attainment
for SO2 and approve the maintenance plan for the area, 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
40 CFR Part 52
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements, Sulfur oxides.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: May 31, 2005.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
0
40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. In Sec. 52.2520 the table in paragraph (e) is amended by adding an
entry at the end of the table for the Sulfur Dioxide Maintenance Plan,
New Manchester-Grant Magisterial District in West Virginia to read as
follows:
Sec. 52.2520 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sulfur Dioxide Maintenance Plan... New Manchester- 7/27/04 6/08/05 [Insert page ................
Grant Magisterial number where the
District in Hancock document begins].
County.
----------------------------------------------------------------------------------------------------------------
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. Section 81.349, the table for ``West Virginia--SO2'' is
amended by revising the entry for ``New Manchester-Grant magisterial
district in Hancock County'' to read as follows:
Sec. 81.349 West Virginia.
* * * * *
West Virginia--SO2
----------------------------------------------------------------------------------------------------------------
Does not meet Does not meet Better than
Designated area primary secondary Cannot be national
standards standards classified standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
New Manchester-Grant magisterial district in .............. .............. .............. X
Hancock County................................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 05-11381 Filed 6-7-05; 8:45 am]
BILLING CODE 6560-50-P