Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and Amendments to the 1-Hour Ozone Maintenance Plan, 1282-1285 [E7-25640]
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6 and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. In § 165.760, revise paragraphs
(a)(1), (a)(3), (a)(5), (a)(7), (b) and (c),
and add paragraphs (a)(14) and (a)(15) to
read as follows:
I
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§ 165.760 Security Zones; Tampa Bay, Port
of Tampa, Port of Saint Petersburg,
Rattlesnake, Old Port Tampa, Big Bend,
Weedon Island, and Crystal River; Florida.
(a) * * *
(1) Rattlesnake, Tampa, FL. All water,
from surface to bottom, in Old Tampa
Bay east and south of a line
commencing at position 27°53.32′ N,
082°32.05′ W; north to 27°53.36′ N,
082°32.05′ W, including on land
portions of Chemical Formulators
Chlorine Facility, where the fenced area
is bounded by a line connecting the
following points: 27°53.21′ N,
082°32.11′ W; west to 27°53.22′ N,
082°32.23′ W; then north to 27°53.25′ N,
082°32.23′ W; then west again to
27°53.25′ N, 082°32.27′ W; then north
again to 27°53.29′ N, 082°32.25′ W; then
east to 27°53.30′ N, 082°32.16′ W; then
southeast terminating at 27°53.21′ N,
082°32.11′ W.
*
*
*
*
*
(3) Sunshine Skyway Bridge, FL. All
waters in Tampa Bay, from surface to
bottom, in Cut ‘‘A’’ channel beneath the
bridge’s main span encompassed by a
line connecting the following points:
27°37.30′ N, 082°39.38′ W to 27°37.13′
N, 082°39.26′ W; and the bridge
structure columns, base and dolphins.
This zone is specific to the bridge
structure and dolphins and does not
include waters adjacent to the bridge
columns or dolphins outside of the
bridge’s main span.
*
*
*
*
*
(5) Piers, seawalls, and facilities, Port
of Tampa and Port Sutton, Tampa, FL.
All waters, from surface to bottom,
extending 50 yards from the shore,
seawall, and piers around facilities in
Port Sutton within the Port of Tampa
encompassed by a line connecting the
following points: 27°54.15′ N,
082°26.11′ W; east northeast to 27°54.19′
N, 082°26.00′ W; then northeast to
27°54.37′ N, 082°25.72′ W, closing off
all Port Sutton channel; then northerly
to 27°54.48′ N, 082°25.70′ W.
*
*
*
*
*
(7) Piers, seawalls, and facilities, Port
of Tampa, on the western side of
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Hooker’s Point, Tampa, FL. All waters,
from surface to bottom, extending 50
yards from the shore, seawall, and piers
around facilities on Hillsborough Bay
northern portion of Cut ‘‘D’’ channel,
Sparkman channel, Ybor Turning Basin,
and Ybor channel within the Port of
Tampa encompassed by a line
connecting the following points:
27°54.74′ N, 082°26.47′ W; northwest to
27°55.25′ N, 082°26.73′ W; then northnorthwest to 27°55.60′ N, 082°26.80′ W;
then north-northeast to 27°56.00′ N,
082°26.75′ W; then northeast to
27°56.58′ N, 082°26.53′ W; and north to
27°57.29′ N, 082°26.51′ W; west to
27°57.29′ N, 082°26.61′ W; then
southerly to 27°56.65′ N, 082°26.63′ W;
southwesterly to 27°56.58′ N, 082°26.69′
W; then southwesterly and terminating
at 27°56.53′ N, 082°26.90′ W.
*
*
*
*
*
(14) Big Bend Power Plant, FL. All
waters of Tampa Bay, from surface to
bottom, adjacent to the Big Bend Power
Facility, and within an area bounded by
a line connecting the following points:
27°48.08′ N, 082°24.88′ W; then
northwest to 27°48.15′ N, 082°24.96′ W;
then southwest to 27°48.10′ N,
082°25.00′ W; then south-southwest to
27°47.85′ N, 082°25.03′ W; then
southeast to 27°47.85′ N, 082°24.79′ W;
then east to 27°47.55′ N, 082°24.04′ W;
then north to 27°47.62′ N, 082°84.04′ W;
then west to 27°47.60′ N, 082°24.72′ W;
then north to 27°48.03′ N, 082°24.70′ W;
then northwest to 27°48.08′ N,
082°24.88′ W, closing off entrance to Big
Bend Power Facility and the attached
cooling canal.
(15) Weedon Island Power Plant, FL.
All waters of Tampa Bay, from surface
to bottom, extending 50-yards from the
shore, seawall and piers around the
Power Facility at Weedon Island
encompassed by a line connecting the
following points: 27°51.52′ N,
082°35.82′ W; then north and east along
the shore to 27°51.54′ N, 082°35.78′ W;
then north to 27°51.68′ N, 082°35.78′ W;
then north to 27°51.75′ N, 082°35.78′ W,
closing off entrance to the canal; then
north to 27°51.89′ N, 082°35.82′ W; then
west along the shore to 27°51.89′ N,
082°36.10′ W; then west to 27°51.89′ N,
082°36.14′ W, closing off entrance to the
canal.
(b) Definitions. As used in this
section—
Cruise ship means a vessel required to
comply with 33 CFR part 120.
Designated representative means
Coast Guard Patrol Commanders
including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and federal, state,
and local officers designated by or
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assisting the Captain of the Port (COTP),
in the enforcement of regulated
navigation areas, safety zones, and
security zones.
(c) Regulation. (1) Entry into or
remaining on or within the zones
described in paragraph (a) of this
section is prohibited unless authorized
by the Captain of the Port Sector St.
Petersburg or a designated
representative.
(2) Persons desiring to transit the area
of the security zone may contact the
Captain of the Port Sector St. Petersburg
or a designated representative on VHF
channel 16 to seek permission to transit
the area. If permission is granted, all
persons and vessels must comply with
the instructions of the Captain of the
Port or designated representative. In the
case of moving security zones,
notification of activation of these zones
will be given by Broadcast Notice to
Mariners on VHF FM Marine Band
Radio, Channel 22A. For vessels not
equipped with a radio, there will also be
on site notification via a designated
representative of the Captain of the Port.
Note to §165.760 (c)(2): A graphical
representation of all fixed security zones will
be made available via the Coast Pilot and
nautical charts.
(3) Enforcement. Under §165.33, no
person may cause or authorize the
operation of a vessel in the security
zones contrary to the provisions of this
section.
*
*
*
*
*
§ 165.764
I
[Removed and reserved]
3. Remove and reserve § 165.764.
Dated: December 29, 2007.
A.S. Young,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector St. Petersburg.
[FR Doc. 08–20 Filed 1–3–08; 3:48 pm]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–0215; FRL–8513–8]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Section 110(a)(1) 8-Hour
Ozone Maintenance Plan and
Amendments to the 1-Hour Ozone
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving State
Implementation Plan (SIP) revisions
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submitted by West Virginia. These
revisions pertain to: the maintenance
plan prepared by West Virginia to
maintain the 8-hour national ambient
air quality standard (NAAQS) for ozone
in Greenbrier County, which is
designated attainment for the ozone
NAAQS; and two amendments to the
existing 1-hour ozone maintenance
plan, which include removal of the
obligation to submit a maintenance plan
for the 1-hour NAAQS eight years after
approval of the initial 1-hour
maintenance plan, and removal of the
State’s obligation to implement
contingency measures upon a violation
of the 1-hour NAAQS. The purpose of
this approval is to ensure Federal
enforceability of the state air program
plan and to maintain consistency
between the State-adopted plan and the
approved SIP. This action is being taken
under the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on February 7, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0215. All
documents in the docket are listed in
the www.regulations.gov website.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (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 through
www.regulations.gov or in hard copy for
public inspection 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, 601
57th Street, SE., Charleston, WV 25304.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 110(a)(1) of the Clean Air Act
(CAA) requires, in part, that states
submit to EPA plans to maintain any
NAAQS promulgated by EPA. EPA
interprets this provision to require that
areas that were maintenance areas for
the 1-hour ozone NAAQS, but
attainment for the 8-hour ozone NAAQS
submit a plan to demonstrate the
continued maintenance of the 8-hour
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ozone NAAQS. EPA established June
15, 2007, three years after the effective
date of the initial 8-hour ozone
designations, as the deadline for
submission of plans for these areas.
On May 20, 2005, EPA issued
guidance that applies, in part, to areas
that are designated attainment/
unclassifiable for the 8-hour ozone
standard and that had an approved
1-hour ozone maintenance plan. The
purpose of the guidance, referred to as
section 110(a)(1) guidance, is to assist
the states in the development of a SIP
which addresses the maintenance
requirements found in section 110(a)(1)
of the CAA. There are five components
of the section 110(a)(1) maintenance
plan which are: (1) An attainment
inventory, which is based on actual
typical summer day emissions of
volatile organic compounds (VOCs) and
oxides of nitrogen (NOX) for a ten-year
period from a base year as chosen by the
state; (2) a maintenance demonstration
which shows how the area will remain
in compliance with the 8-hour ozone
standard for 10 years after the effective
date of designations (June 15, 2004); (3)
a commitment to continue to operate air
quality monitors; (4) a contingency plan
that will ensure that a violation of the
8-hour ozone NAAQS is promptly
addressed; and (5) an explanation of
how the State will track the progress of
the maintenance plan.
On November 7, 2007 (72 FR 62809),
EPA published a notice of proposed
rulemaking (NPR) for the State of West
Virginia. The NPR proposed approval of
the 8-hour ozone maintenance plan for
Greenbrier County, as well as
concurrent approval of two amendments
to its existing 1-hour ozone maintenance
plan, which include (a) removal of the
obligation to submit a maintenance plan
for the 1-hour NAAQS eight years after
approval of the initial 1-hour
maintenance plan, and (b) removal of
the State’s obligation to implement
contingency measures upon a violation
of the 1-hour NAAQS. The formal SIP
revision was submitted by West Virginia
on November 29, 2006.
II. Summary of SIP Revision
The WVDEP 8-hour ozone
maintenance plan addresses the
components of the section 110(a)(1) 8hour ozone maintenance plan as
outlined in EPA’s May 20, 2005
guidance. West Virginia requested
approval of their 8-hour ozone
maintenance plan for Greenbrier
County, as well as concurrent approval
of two amendments to its existing 1hour ozone maintenance plan.
Emissions Inventory: An emissions
inventory is an itemized list of emission
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estimates for sources of air pollution in
a given area for a specified time period.
WVDEP has provided a comprehensive
and current emissions inventory for
NOX and VOCs. WVDEP has chosen to
use 2002 as the base year from which it
will project emissions. The maintenance
plan also includes an explanation of the
methodology used for determining the
anthropogenic (area and mobile sources)
emissions. There are no Title V point
sources located in Greenbrier County, so
a 2002 point source inventory was not
compiled. The inventory is based on
emissions from a typical ozone season
day. The term ‘‘typical’’ refers to
emissions being emitted during a typical
weekday during the months where
ozone concentrations are typically the
highest.
Maintenance Demonstration and
Tracking Progress: With regard to
demonstrating continued maintenance
of the 8-hour ozone standard, West
Virginia projects that the total emissions
from Greenbrier County will decrease
during the ten-year maintenance period.
WVDEP has projected emissions for 10
years from the effective date of initial
designations, or 2014. In 2002, the total
anthropogenic emissions in Greenbrier
County were 7.7 tons/ozone season day
for VOCs and 7.4 tons/ozone season day
for NOX. The projected 2014
anthropogenic emissions from
Greenbrier County are 7.0 tons/ozone
season day for VOCs and 4.9 tons/ozone
season day for NOX. As such, the plan
demonstrates that, from an emissions
projections standpoint, emissions are
projected to decrease.
It is important to note that the
formation of ozone is dependent on a
number of variables which cannot be
estimated through emissions growth and
reduction calculations. A few of these
variables include weather and the
transport of ozone precursors from
outside the maintenance area. In the
section 110(a)(1) maintenance plan,
WVDEP had indicated that the state will
track the progress of the maintenance
plan by updating the emissions
inventory for Greenbrier County
approximately every three years. The
emissions inventory update will include
point, area, and mobile emissions.
Information from these future updates
will be compared with the projected
growth estimates for the 2002 base
inventory data to track maintenance of
the standard.
Ambient Monitoring: With regard to
the ambient air monitoring component
of the maintenance plan, West Virginia
commits to continue operating air
quality monitoring stations in
accordance with 40 CFR Part 58
throughout the maintenance period to
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verify maintenance of the 8-hour ozone
standard, and will submit qualityassured ozone data to EPA through the
AIRS system.
Contingency Measures: EPA interprets
section 110(a)(1) of the CAA to require
that the state develop a contingency
plan that will ensure that any violation
of a NAAQS is promptly corrected. The
purposes of the contingency measures,
as outlined in West Virginia’s
maintenance plan, is to accordingly
select and adopt one or more measures
outlined in the maintenance plan so as
to assure continued attainment in the
event that a violation of the ozone
NAAQS is measured. Violation of the 8hour ozone standard would trigger one
or more of the control measures
outlined in the plan.
Approval of two amendments to West
Virginia’s existing 1-hour maintenance
plan has also been requested by
WVDEP. Section 175A(b) requires that
maintenance plans be updated. The 1hour maintenance plan for Greenbrier
County extends to 2005, but no update
has been developed. West Virginia
identifies the most important reason for
this being that available resources are
being devoted to attainment and
maintenance of the 8-hour standard
since the 8-hour standard is considered
by the State to be more protective than
the former 1-hour standard upon which
the current maintenance plan is based.
As such, West Virginia is amending this
existing maintenance plan, which is
codified at 40 CFR 52.2520(e), for the
Greenbrier County 1-hour maintenance
area by removing the State’s obligation
to submit a maintenance plan for the 1hour NAAQS eight years after approval
of the initial 1-hour maintenance plan,
and is requesting approval of these
amendments.
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III. Final Action
EPA is approving the SIP revisions
submitted by WVDEP pertaining to their
section 110(a)(1) 8-hour ozone
maintenance plan for Greenbrier
County, West Virginia. This plan
demonstrates how the State intends to
maintain the 8-hour NAAQS for ozone.
Additionally, EPA is concurrently
approving two amendments to the
existing 1-hour ozone maintenance
plan: (1) Removal of the obligation to
submit a maintenance plan for the 1hour NAAQS 8 years after approval of
the initial 1-hour maintenance plan; and
(2) removal of the State’s obligation to
implement contingency measures upon
a violation of the 1-hour NAAQS.
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IV. 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 requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the CAA. 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 approves a
state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
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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 CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 10, 2008. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
approving the section 110(a)(1) 8-hour
Ozone Maintenance Plan for Greenbrier
County, West Virginia, and concurrent
approval of two amendments to the
existing 1-hour ozone maintenance plan
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations
Dated: December 19, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
I
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for 40 CFR
part 52 continues to read as follows:
I
Name of non-regulatory SIP
revision
*
Ozone Maintenance Plan &
contingency measures.
*
2. In § 52.2520, the table in paragraph
(e) is amended by:
I a. Revising the existing entry for
Ozone Maintenance Plan & contingency
measures (Greenbrier County).
State submittal
date
*
Greenbrier County ...............
*
*
*
*
8-Hour Ozone Maintenance
Greenbrier County ...............
Plan for Greenbrier County, WV.
*
9/9/94
45 CFR Parts 1304 and 1306
RIN 0970–AB90
Administration for Children
and Families (ACF), HHS.
ACTION: Final rule.
AGENCY:
This final rule implements
the addition of family child care as a
Head Start and Early Head Start
program option. Family child care is
care and education provided to children
in a private home or other family-like
setting. In keeping with the goal of
designing programs that meet family
and community needs, some Head Start
and Early Head Start agencies have
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SUMMARY:
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(e) * * *
Additional explanation
*
*
Action includes (a) removal of
the obligation to submit a
maintenance plan eight years
after initial approval, and (b)
removal of the obligation to implement contingency measures
upon a violation of the NAAQS
*
11/29/06
*
1/8/08, [Insert page number
where the document begins].
SUPPLEMENTARY INFORMATION:
I. Program Purpose
Head Start is authorized under the
Head Start Act (the Act), Title VI,
Subtitle A, Chapter 8 of the Public Law
97–35, the Omnibus Reconciliation Act
of 1981 (42 U.S.C. 9801 et seq.). It is a
national program providing
comprehensive child development
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*
*
1/8/08, [Insert page number
where the document begins].
I. Program Purpose
II. Background and Purpose of Rule
III. Summary of Major Provisions of the Rule
IV. Rulemaking History
V. Section-by-Section Discussion of
Comments
VI. Impact Analysis
Head Start Program
*
*
52.2565(c)(36)
Effective Dates: This final rule is
effective February 7, 2008.
FOR FURTHER INFORMATION CONTACT:
Camille Loya, Office of Head Start,
Administration on Children and
Families, 1250 Maryland Avenue, SW.,
Washington, DC 20024; (202) 401–5964.
SUPPLEMENTARY INFORMATION:
Administration for Children and
Families
*
*
*
8/4/95, 60 FR 39857 ............
DATES:
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Identification of plan.
*
EPA approval date
identified family child care as an
effective Head Start service delivery
model.
BILLING CODE 6560–50–P
§ 52.2520
*
11/29/06
*
[FR Doc. E7–25640 Filed 1–7–08; 8:45 am]
The amendments read as follows:
I
Applicable geographic area
*
b. Adding an entry for the 8-hour
Ozone Maintenance plan for Greenbrier
County, WV, at the end of the table.
I
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*
*
*
services primarily to low-income
children from birth to five years of age,
pregnant women, and their families. To
help enrolled children achieve their full
potential, Early Head Start and Head
Start programs provide comprehensive
health, nutritional, educational, social,
and other services.
Additionally, programs are required
to provide for the direct participation of
the parents of enrolled children in the
development, conduct, and direction of
local programs. Parents also receive
training and education to foster their
understanding of and involvement in
the development of their children. In
fiscal year 2005, Early Head Start and
Head Start served 906,993 children and
their families through over 2,000 local
grantee and delegate agencies. More
than 23 million children and families
have been served since the 1965
initiation of the Head Start program.
While Early Head Start and Head Start
are intended to serve primarily children
whose families have incomes at or
below the poverty line, or who receive
public assistance, Head Start regulations
E:\FR\FM\08JAR1.SGM
08JAR1
]]>Agencies
[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Rules and Regulations]
[Pages 1282-1285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25640]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0215; FRL-8513-8]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and
Amendments to the 1-Hour Ozone Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
[[Page 1283]]
submitted by West Virginia. These revisions pertain to: the maintenance
plan prepared by West Virginia to maintain the 8-hour national ambient
air quality standard (NAAQS) for ozone in Greenbrier County, which is
designated attainment for the ozone NAAQS; and two amendments to the
existing 1-hour ozone maintenance plan, which include removal of the
obligation to submit a maintenance plan for the 1-hour NAAQS eight
years after approval of the initial 1-hour maintenance plan, and
removal of the State's obligation to implement contingency measures
upon a violation of the 1-hour NAAQS. The purpose of this approval is
to ensure Federal enforceability of the state air program plan and to
maintain consistency between the State-adopted plan and the approved
SIP. This action is being taken under the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on February 7,
2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0215. All documents in the docket are listed in
the www.regulations.gov website. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 through www.regulations.gov or in hard
copy for public inspection 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, 601 57th Street,
SE., Charleston, WV 25304.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 110(a)(1) of the Clean Air Act (CAA) requires, in part,
that states submit to EPA plans to maintain any NAAQS promulgated by
EPA. EPA interprets this provision to require that areas that were
maintenance areas for the 1-hour ozone NAAQS, but attainment for the 8-
hour ozone NAAQS submit a plan to demonstrate the continued maintenance
of the 8-hour ozone NAAQS. EPA established June 15, 2007, three years
after the effective date of the initial 8-hour ozone designations, as
the deadline for submission of plans for these areas.
On May 20, 2005, EPA issued guidance that applies, in part, to
areas that are designated attainment/unclassifiable for the 8-hour
ozone standard and that had an approved 1-hour ozone maintenance plan.
The purpose of the guidance, referred to as section 110(a)(1) guidance,
is to assist the states in the development of a SIP which addresses the
maintenance requirements found in section 110(a)(1) of the CAA. There
are five components of the section 110(a)(1) maintenance plan which
are: (1) An attainment inventory, which is based on actual typical
summer day emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NOX) for a ten-year period from a base year as
chosen by the state; (2) a maintenance demonstration which shows how
the area will remain in compliance with the 8-hour ozone standard for
10 years after the effective date of designations (June 15, 2004); (3)
a commitment to continue to operate air quality monitors; (4) a
contingency plan that will ensure that a violation of the 8-hour ozone
NAAQS is promptly addressed; and (5) an explanation of how the State
will track the progress of the maintenance plan.
On November 7, 2007 (72 FR 62809), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. The NPR
proposed approval of the 8-hour ozone maintenance plan for Greenbrier
County, as well as concurrent approval of two amendments to its
existing 1-hour ozone maintenance plan, which include (a) removal of
the obligation to submit a maintenance plan for the 1-hour NAAQS eight
years after approval of the initial 1-hour maintenance plan, and (b)
removal of the State's obligation to implement contingency measures
upon a violation of the 1-hour NAAQS. The formal SIP revision was
submitted by West Virginia on November 29, 2006.
II. Summary of SIP Revision
The WVDEP 8-hour ozone maintenance plan addresses the components of
the section 110(a)(1) 8-hour ozone maintenance plan as outlined in
EPA's May 20, 2005 guidance. West Virginia requested approval of their
8-hour ozone maintenance plan for Greenbrier County, as well as
concurrent approval of two amendments to its existing 1-hour ozone
maintenance plan.
Emissions Inventory: An emissions inventory is an itemized list of
emission estimates for sources of air pollution in a given area for a
specified time period. WVDEP has provided a comprehensive and current
emissions inventory for NOX and VOCs. WVDEP has chosen to
use 2002 as the base year from which it will project emissions. The
maintenance plan also includes an explanation of the methodology used
for determining the anthropogenic (area and mobile sources) emissions.
There are no Title V point sources located in Greenbrier County, so a
2002 point source inventory was not compiled. The inventory is based on
emissions from a typical ozone season day. The term ``typical'' refers
to emissions being emitted during a typical weekday during the months
where ozone concentrations are typically the highest.
Maintenance Demonstration and Tracking Progress: With regard to
demonstrating continued maintenance of the 8-hour ozone standard, West
Virginia projects that the total emissions from Greenbrier County will
decrease during the ten-year maintenance period. WVDEP has projected
emissions for 10 years from the effective date of initial designations,
or 2014. In 2002, the total anthropogenic emissions in Greenbrier
County were 7.7 tons/ozone season day for VOCs and 7.4 tons/ozone
season day for NOX. The projected 2014 anthropogenic
emissions from Greenbrier County are 7.0 tons/ozone season day for VOCs
and 4.9 tons/ozone season day for NOX. As such, the plan
demonstrates that, from an emissions projections standpoint, emissions
are projected to decrease.
It is important to note that the formation of ozone is dependent on
a number of variables which cannot be estimated through emissions
growth and reduction calculations. A few of these variables include
weather and the transport of ozone precursors from outside the
maintenance area. In the section 110(a)(1) maintenance plan, WVDEP had
indicated that the state will track the progress of the maintenance
plan by updating the emissions inventory for Greenbrier County
approximately every three years. The emissions inventory update will
include point, area, and mobile emissions. Information from these
future updates will be compared with the projected growth estimates for
the 2002 base inventory data to track maintenance of the standard.
Ambient Monitoring: With regard to the ambient air monitoring
component of the maintenance plan, West Virginia commits to continue
operating air quality monitoring stations in accordance with 40 CFR
Part 58 throughout the maintenance period to
[[Page 1284]]
verify maintenance of the 8-hour ozone standard, and will submit
quality-assured ozone data to EPA through the AIRS system.
Contingency Measures: EPA interprets section 110(a)(1) of the CAA
to require that the state develop a contingency plan that will ensure
that any violation of a NAAQS is promptly corrected. The purposes of
the contingency measures, as outlined in West Virginia's maintenance
plan, is to accordingly select and adopt one or more measures outlined
in the maintenance plan so as to assure continued attainment in the
event that a violation of the ozone NAAQS is measured. Violation of the
8-hour ozone standard would trigger one or more of the control measures
outlined in the plan.
Approval of two amendments to West Virginia's existing 1-hour
maintenance plan has also been requested by WVDEP. Section 175A(b)
requires that maintenance plans be updated. The 1-hour maintenance plan
for Greenbrier County extends to 2005, but no update has been
developed. West Virginia identifies the most important reason for this
being that available resources are being devoted to attainment and
maintenance of the 8-hour standard since the 8-hour standard is
considered by the State to be more protective than the former 1-hour
standard upon which the current maintenance plan is based. As such,
West Virginia is amending this existing maintenance plan, which is
codified at 40 CFR 52.2520(e), for the Greenbrier County 1-hour
maintenance area by removing the State's obligation to submit a
maintenance plan for the 1-hour NAAQS eight years after approval of the
initial 1-hour maintenance plan, and is requesting approval of these
amendments.
III. Final Action
EPA is approving the SIP revisions submitted by WVDEP pertaining to
their section 110(a)(1) 8-hour ozone maintenance plan for Greenbrier
County, West Virginia. This plan demonstrates how the State intends to
maintain the 8-hour NAAQS for ozone. Additionally, EPA is concurrently
approving two amendments to the existing 1-hour ozone maintenance plan:
(1) Removal of the obligation to submit a maintenance plan for the 1-
hour NAAQS 8 years after approval of the initial 1-hour maintenance
plan; and (2) removal of the State's obligation to implement
contingency measures upon a violation of the 1-hour NAAQS.
IV. 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
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. 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 approves a state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. 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 CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 10, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action approving the section 110(a)(1) 8-hour Ozone Maintenance
Plan for Greenbrier County, West Virginia, and concurrent approval of
two amendments to the existing 1-hour ozone maintenance plan may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
[[Page 1285]]
Dated: December 19, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for 40 CFR 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:
0
a. Revising the existing entry for Ozone Maintenance Plan & contingency
measures (Greenbrier County).
0
b. Adding an entry for the 8-hour Ozone Maintenance plan for Greenbrier
County, WV, at the end of the table.
The amendments read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(e) * * *
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Applicable geographic State
Name of non-regulatory SIP revision area submittal date EPA approval date Additional explanation
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* * * * * * *
Ozone Maintenance Plan & contingency Greenbrier County...... 9/9/94 8/4/95, 60 FR 39857.... 52.2565(c)(36)
measures.
* * * * * * *
11/29/06 1/8/08, [Insert page Action includes (a) removal of the obligation to
number where the submit a maintenance plan eight years after
document begins]. initial approval, and (b) removal of the
obligation to implement contingency measures
upon a violation of the NAAQS
* * * * * * *
8-Hour Ozone Maintenance Plan for Greenbrier County...... 11/29/06 1/8/08, [Insert page
Greenbrier County, WV. number where the
document begins].
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[FR Doc. E7-25640 Filed 1-7-08; 8:45 am]
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