Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the New Manchester-Grant Magisterial District SO2, 33364-33368 [05-11381]

Download as PDF 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 The direct final rule published at 71 FR 19702 is withdrawn on June 8, 2005.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the direct final rule published on April 14, 2005 (71 FR 19702), with the effective date of June 13, 2005 is withdrawn.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] BILLING CODE 6560–50–P VerDate jul<14>2003 15:35 Jun 07, 2005 Jkt 205250 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 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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. E:\FR\FM\08JNR1.SGM 08JNR1 Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations 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 VerDate jul<14>2003 15:35 Jun 07, 2005 Jkt 205250 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 33365 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. E:\FR\FM\08JNR1.SGM 08JNR1 33366 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 VerDate jul<14>2003 15:35 Jun 07, 2005 Jkt 205250 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 E:\FR\FM\08JNR1.SGM 08JNR1 Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations 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 VerDate jul<14>2003 15:35 Jun 07, 2005 Jkt 205250 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 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 33367 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 E:\FR\FM\08JNR1.SGM 08JNR1 33368 Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations 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]


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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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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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
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