Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Revised Motor Vehicle Emission Budgets for the Parkersburg 8-Hour Ozone Maintenance Area, 64548-64551 [E8-25662]

Download as PDF 64548 Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Rules and Regulations approval from the Regional Supervisor for any change in purpose of the platform, following the provisions of API RP 2A–WSD, Section 15, Re-use. ■ 14. Amend § 250.1007 by revising paragraph (a)(4) to read as follows: § 250.920 What are the MMS requirements for assessment of fixed platforms? hsrobinson on PROD1PC76 with RULES obtain approval from MMS before you make major repairs of any damage unless you meet the requirements of § 250.900(c). ■ 13. Revise § 250.920 to read as follows: § 250.1007 (a) You must document all wells, equipment, and pipelines supported by the platform if you intend to use either the A–2 or A–3 assessment category. Assessment categories are defined in API RP 2A–WSD, Section 17.3. If MMS objects to the assessment category you used for your assessment, you may need to redesign and/or modify the platform to adequately demonstrate that the platform is able to withstand the environmental loadings for the appropriate assessment category. (b) You must perform an analysis check when your platform will have additional personnel, additional topside facilities, increased environmental or operational loading, or inadequate deck height your platform suffered significant damage (e.g., experienced damage to primary structural members or conductor guide trays or global structural integrity is adversely affected); or the exposure category changes to a more restrictive level (see Sections 17.2.1 through 17.2.5 of API RP 2A–WSD for a description of assessment initiators). (c) You must initiate mitigation actions for platforms that do not pass the assessment process of API RP 2A– WSD. You must submit applications for your mitigation actions (e.g., repair, modification, decommissioning) to the Regional Supervisor for approval before you conduct the work. (d) The MMS may require you to conduct a platform design basis check when the reduced environmental loading criteria contained in API RP 2A–WSD Section 17.6 are not applicable. (e) By November 1, 2009, you must submit a complete list of all the platforms you operate, together with all the appropriate data to support the assessment category you assign to each platform and the platform assessment initiators (as defined in API RP 2A– WSD) to the Regional Supervisor. You must submit subsequent complete lists and the appropriate data to support the consequence-of-failure category every 5 years thereafter, or as directed by the Regional Supervisor. (f) The use of Section 17, Assessment of Existing Platforms, of API RP 2A– WSD is limited to existing fixed structures that are serving their original approved purpose. You must obtain VerDate Aug<31>2005 16:08 Oct 29, 2008 Jkt 217001 What to include in applications. (a) * * * (4) A description of any additional design precautions you took to enable the pipeline to withstand the effects of water currents, storm or ice scouring, soft bottoms, mudslides, earthquakes, permafrost, and other environmental factors. (i) If you propose to use unbonded flexible pipe, your application must include: (A) The manufacturer’s design specification sheet; (B) The design pressure (psi); (C) An identification of the design standards you used; and (D) A review by a third-party independent verification agent (IVA) according to API Spec 17J (incorporated by reference as specified in § 250.198), if applicable. (ii) If you propose to use one or more pipeline risers for a tension leg platform or other floating platform, your application must include: (A) The design fatigue life of the riser, with calculations, and the fatigue point at which you would replace the riser; (B) The results of your vortex-induced vibration (VIV) analysis; (C) An identification of the design standards you used; and (D) A description of any necessary mitigation measures such as the use of helical strakes or anchoring devices. * * * * * [FR Doc. E8–25720 Filed 10–29–08; 8:45 am] BILLING CODE 4310–MR–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2008–0746; FRL–8735–7] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Revised Motor Vehicle Emission Budgets for the Parkersburg 8-Hour Ozone Maintenance Area Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is taking direct final action to approve revisions to the West Virginia State Implementation Plan (SIP). The revision amends the 8-hour PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 ozone maintenance plan for the Parkersburg area. This revision amends the maintenance plans’ 2009 and 2018 motor vehicle emissions budgets (MVEBs) by reallocating a portion of the plans’ safety margins, which results in an increase in the MVEBs. The revised plan continues to demonstrate maintenance of the 8-hour national ambient air quality standard (NAAQS) for ozone. EPA is approving this SIP revision to the West Virginia maintenance plan for Parkersburg in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on December 29, 2008 without further notice, unless EPA receives adverse written comment by December 1, 2008. 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 Docket ID Number EPA– R03–OAR–2008–0746 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: febbo.carol@epa.gov. C. Mail: EPA–R03–OAR–2008–0746, Carol Febbo, Chief, Energy, Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted 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 Docket ID No EPA–R03–OAR–2008– 0746. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, 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 www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity 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 www.regulations.gov, your e- E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Rules and Regulations 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 www.regulations.gov index. 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 www.regulations.gov 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, 601 57th Street, SE., Charleston, West Virginia 25304. FOR FURTHER INFORMATION CONTACT: Megan Goold (215) 814–2027, or by email at goold.megan@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On May 8, 2007 (72 FR 25967) EPA redesignated the Parkersburg area of West Virginia to attainment for the 8hour ozone NAAQS. For the Parkersburg area, the redesignation included approval of an 8-hour ozone maintenance plan, identifying on-road MVEBs for VOCs and NOX, which are ozone precursors, used for transportation planning and conformity purposes. Subsequently, after the SIP approval by EPA, West Virginia discovered that the MVEBs which were included in the previously approved maintenance plan did not provide a sufficient buffer to account for 64549 unforseen future growth or significant changes in the planning assumption data which was used in developing the original MVEBs in its September 2006 submission. II. Summary of SIP Revision 2009 and 2018 Motor Vehicle Emission Budgets On August 25, 2008, the State of West Virginia submitted to EPA a formal revision to its State Implementation Plan (SIP). The SIP revision proposes new MVEBs to reflect the reallocation of a portion of the differences (‘‘safety margins’’) between the total base year and total projected 2009 and 2018 emissions, thus producing an increase in the MVEBs. The base year is 2004 for the Parkersburg area. By increasing the MVEBs, the West Virginia Department of Environmental Protection (WVDEP) is ensuring that transportation conformity can be demonstrated in the Parkersburg area. The August 25, 2008 submittal, while increasing the MVEBs, still ensures maintenance of the NAAQS for ozone for the Parkersburg area. Tables 1 and 2 and the discussion that follows describe the basis of the new MVEBs for the Parkersburg area. TABLE 1—PARKERSBURG AREA REALLOCATION OF SAFETY MARGIN TO THE MVEBS [Tons/day] 2004 Base year 2009 Projection 2018 Projection Current MVEBs in the Approved Maintenance Plan VOC ......................................................................................................................................................... NOX .......................................................................................................................................................... 4.00 5.66 3.0 4.1 1.9 2.0 4.00 5.66 3.8 5.5 2.4 2.7 Proposed MVEBs in the Revised Maintenance Plan VOC ......................................................................................................................................................... NOX .......................................................................................................................................................... TABLE 2—PARKERSBURG AREA TOTAL EMISSIONS (POINT, AREA AND MOBILE) BEFORE AND AFTER REALLOCATION OF SAFETY MARGIN TO THE MVEBS [Tons/day] 2004 Base year 2009 Projection 2018 Projection Current Total Emissions in the Approved Maintenance Plan VOC ......................................................................................................................................................... NOX .......................................................................................................................................................... 16.7 15.2 14.0 11.8 13.6 9.4 16.7 15.2 14.8 13.2 14.1 10.1 Proposed Total Emissions in the Revised Maintenance Plan hsrobinson on PROD1PC76 with RULES VOC ......................................................................................................................................................... NOX .......................................................................................................................................................... For the Parkersburg, West Virginia 8hour ozone maintenance area addressed herein, the WVDEP recalculated the VerDate Aug<31>2005 16:08 Oct 29, 2008 Jkt 217001 2009 and 2018 MVEBs using revised planning data which became available after the original maintenance plan was PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 submitted to EPA on September 8, 2006. The 2009 and 2018 MVEBs for VOCs and NOX emissions listed above in E:\FR\FM\30OCR1.SGM 30OCR1 64550 Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Rules and Regulations Table 1 under the Proposed MVEBs in the Revised Maintenance Plan section will serve as the new MVEBs for transportation conformity planning. As shown in Table 1, above, WVDEP has proposed reallocating a portion of the previous safety margin into the MVEBs for both VOCs and NOX. The remaining surplus emissions have been reserved as residual safety margins in the total maintenance budgets to ensure continued maintenance of the 8-hour ozone NAAQS. To explain how the safety margins are determined and allocated, the VOC emissions for the Parkersburg area may be used as an example. In Table 2, listed under the Current Total Emissions in the Approved Maintenance Plan section, the total 2004 base year VOC emissions are 16.7 tons/day (tpd), which is the maximum amount of VOC emissions consistent with maintenance of the 8-hour ozone NAAQS. The total projected 2009 emissions are 14.0 tpd, which provides a 2.7 tpd VOC safety margin (i.e., the ozone NAAQS would continue to be maintained if total VOC emissions increased as much as 2.7 tpd above the projected 2009 emissions of 14.0 tpd). In the Proposed Total Emissions in the Revised Maintenance Plan section, the total projected emissions for 2009 would be increased by 0.8 tpd through the increase in the allowable mobile emissions for VOC while still leaving a safety margin of 1.9 tpd. Therefore, even with the reallocation of some of the current safety margin into the MVEBs, the State of West Virginia has left a safety margin for any other unforeseen growth. hsrobinson on PROD1PC76 with RULES III. Final Action EPA is approving West Virginia’s August 25, 2008 SIP revision submittal which amends the 8-hour ozone maintenance plan for the Parkersburg area. These revisions amend the maintenance plans’ 2009 and 2018 MVEBs to reflect the reallocation of a portion of the plans’ safety margins which results in an increase in the MVEBs. EPA is approving this SIP revision to the maintenance plan for the Parkersburg area because the August 25, 2008 submittal continues to demonstrate maintenance of the 8-hour ozone NAAQS as even after reallocation of a portion of the safety margin a sufficient safety margin still exists to demonstrate continued attainment. EPA notes that the DC Circuit issued a decision on July 11, 2008, vacating the Clean Air Interstate Rule (CAIR). North Carolina v. EPA, 531 F.3d 896 (DC Cir. VerDate Aug<31>2005 16:08 Oct 29, 2008 Jkt 217001 2008).1 EPA’s CAIR modeling was included in the last Parkersburg maintenance plan effective June 17, 2007 (72 FR 25967, May 8, 2007) as a supplemental analysis however, EPA’s approval of that maintenance plan was based on permanent and enforceable measures (as instructed in the Calcagni memorandum, September 4, 1992). These permanent and enforceable measures are sufficient to provide for continued maintenance even without any CAIR reductions. EPA did note in the approval that, in addition to permanent and enforceable measures, further emissions reductions in the nonattainment area (specifically Washington County, OH) are largely attributable to CAIR, but these reductions are not needed to demonstrate maintenance in the area. Therefore, EPA’s approval of the August 25, 2008 SIP revision is not impacted by the DC Circuit Court decision as even without any CAIR reductions the area continues to demonstrate maintenance after reallocation of a portion of the safety margin. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment, since no significant adverse comments were received on the SIP revision at the State level. However, in the ‘‘Proposed Rules’’ section of today’s Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on December 29, 2008 without further notice unless EPA receives adverse comment by December 1, 2008. 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. IV. Statutory and Executive Order Reviews A. General Requirements Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve 1 EPA filed a petition for rehearing with the Court of Appeals for the District of Columbia Circuit on September 24, 2008. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175(65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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 E:\FR\FM\30OCR1.SGM 30OCR1 64551 Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Rules and Regulations 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 action 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. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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 to revise the MVEBs for the Parkersburg 8-hour Ozone Maintenance Plan may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) C. Petitions for Judicial Review Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 29, List of Subjects in 40 CFR Part 52 Name of non-regulatory SIP revision Applicable geographic area State submittal date * * 8-Hour Ozone Maintenance Plan for the Parkersburg-Marietta, WV-OH Area. * Wood County ......... Dated: October 20, 2008. Donald S. Welsh, Regional Administrator, Region III. ■ 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: ■ Authority: 42 U.S.C. 7401 et seq. Subpart XX—West Virginia 2. In § 52.2520, the table in paragraph (e) is amended by revising the entry for the 8-Hour Ozone Maintenance Plan for the Parkersburg-Marietta, WV-OH Area to read as follows: ■ § 52.2520 * EPA approval date * * * * * * BILLING CODE 6560–50–P approve permitted emission limits that enable Virginia to meet its remaining NOX reduction obligations under the NOX SIP Call. EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2007–0382. All documents in the docket are listed in the http://www.regulations.gov Web site. 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 http://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 Virginia Department of ADDRESSES: [EPA–R03–OAR–2007–0382, EPA–R03– OAR–2008–0113; FRL–8735–6] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Emission Reductions From Large Stationary Internal Combustion Engines and Large Cement Kilns Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is approving State Implementation Plan (SIP) revisions submitted by the Virginia Department of Environmental Quality (VADEQ). These revisions require nitrogen oxides (NOX) emission reductions from four large stationary internal combustion (IC) engines and a large cement kiln located in the Commonwealth of Virginia. The intended effect of this action is to Jkt 217001 PO 00000 Frm 00037 Fmt 4700 * Sfmt 4700 * * Reallocation of emissions from the existing ‘‘safety margin’’ to increase the available motor vehicle emission budgets for highway vehicles. * Effective Date: This final rule is effective on December 1, 2008. 40 CFR Part 52 hsrobinson on PROD1PC76 with RULES * DATES: ENVIRONMENTAL PROTECTION AGENCY 16:08 Oct 29, 2008 10/30/08; [Insert page number where the document begins]. * Additional explanation * 5/8/07; 72 FR 2967 * [FR Doc. E8–25662 Filed 10–29–08; 8:45 am] VerDate Aug<31>2005 * 09/08/06 08/25/08 * Identification of plan. * * (e) * * * * * Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814–2308, or by e-mail at powers.marilyn@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On August 21, 2008 (73 FR 49373), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Virginia. The NPR proposed approval of NOX emission reductions from four large stationary IC engines and a large cement kiln located in the Commonwealth. The formal SIP revisions were submitted by VADEQ on February 26, 2007, March 5, 2007, March 12, 2007, March 19, 2007, and August 8, 2007. The SIP revision for each source consists of State operating permits that contain emission limits to ensure the Commonwealth meets its NOX budget for these sectors as required under the NOX SIP Call. Other specific requirements of the State operating permits and the rationale for EPA’s proposed action are explained in the NPR and will not be restated here. No public comments were received on the NPR. E:\FR\FM\30OCR1.SGM 30OCR1

Agencies

[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Rules and Regulations]
[Pages 64548-64551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25662]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0746; FRL-8735-7]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Revised Motor Vehicle Emission Budgets for the 
Parkersburg 8-Hour Ozone Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve revisions to the 
West Virginia State Implementation Plan (SIP). The revision amends the 
8-hour ozone maintenance plan for the Parkersburg area. This revision 
amends the maintenance plans' 2009 and 2018 motor vehicle emissions 
budgets (MVEBs) by reallocating a portion of the plans' safety margins, 
which results in an increase in the MVEBs. The revised plan continues 
to demonstrate maintenance of the 8-hour national ambient air quality 
standard (NAAQS) for ozone. EPA is approving this SIP revision to the 
West Virginia maintenance plan for Parkersburg in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 29, 2008 without further 
notice, unless EPA receives adverse written comment by December 1, 
2008. 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 Docket ID Number EPA-
R03-OAR-2008-0746 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: febbo.carol@epa.gov.
    C. Mail: EPA-R03-OAR-2008-0746, Carol Febbo, Chief, Energy, 
Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. 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 Docket ID No EPA-R03-OAR-
2008-0746. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, 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 www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity 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 www.regulations.gov, 
your e-

[[Page 64549]]

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 
www.regulations.gov index. 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 www.regulations.gov 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, 601 57th Street, SE., Charleston, 
West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Megan Goold (215) 814-2027, or by e-
mail at goold.megan@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 8, 2007 (72 FR 25967) EPA redesignated the Parkersburg area 
of West Virginia to attainment for the 8-hour ozone NAAQS. For the 
Parkersburg area, the redesignation included approval of an 8-hour 
ozone maintenance plan, identifying on-road MVEBs for VOCs and 
NOX, which are ozone precursors, used for transportation 
planning and conformity purposes. Subsequently, after the SIP approval 
by EPA, West Virginia discovered that the MVEBs which were included in 
the previously approved maintenance plan did not provide a sufficient 
buffer to account for unforseen future growth or significant changes in 
the planning assumption data which was used in developing the original 
MVEBs in its September 2006 submission.

II. Summary of SIP Revision

2009 and 2018 Motor Vehicle Emission Budgets

    On August 25, 2008, the State of West Virginia submitted to EPA a 
formal revision to its State Implementation Plan (SIP). The SIP 
revision proposes new MVEBs to reflect the reallocation of a portion of 
the differences (``safety margins'') between the total base year and 
total projected 2009 and 2018 emissions, thus producing an increase in 
the MVEBs. The base year is 2004 for the Parkersburg area. By 
increasing the MVEBs, the West Virginia Department of Environmental 
Protection (WVDEP) is ensuring that transportation conformity can be 
demonstrated in the Parkersburg area. The August 25, 2008 submittal, 
while increasing the MVEBs, still ensures maintenance of the NAAQS for 
ozone for the Parkersburg area.
    Tables 1 and 2 and the discussion that follows describe the basis 
of the new MVEBs for the Parkersburg area.

  Table 1--Parkersburg Area Reallocation of Safety Margin to the MVEBs
                               [Tons/day]
------------------------------------------------------------------------
                                    2004  Base      2009         2018
                                       year      Projection   Projection
------------------------------------------------------------------------
             Current MVEBs in the Approved Maintenance Plan
------------------------------------------------------------------------
VOC..............................         4.00          3.0          1.9
NOX..............................         5.66          4.1          2.0
------------------------------------------------------------------------
             Proposed MVEBs in the Revised Maintenance Plan
------------------------------------------------------------------------
VOC..............................         4.00          3.8          2.4
NOX..............................         5.66          5.5          2.7
------------------------------------------------------------------------


   Table 2--Parkersburg Area Total Emissions (Point, Area and Mobile)
       Before and After Reallocation of Safety Margin to the MVEBs
                               [Tons/day]
------------------------------------------------------------------------
                                    2004  Base      2009         2018
                                       year      Projection   Projection
------------------------------------------------------------------------
        Current Total Emissions in the Approved Maintenance Plan
------------------------------------------------------------------------
VOC..............................         16.7         14.0         13.6
NOX..............................         15.2         11.8          9.4
------------------------------------------------------------------------
        Proposed Total Emissions in the Revised Maintenance Plan
------------------------------------------------------------------------
VOC..............................         16.7         14.8         14.1
NOX..............................         15.2         13.2         10.1
------------------------------------------------------------------------

    For the Parkersburg, West Virginia 8-hour ozone maintenance area 
addressed herein, the WVDEP recalculated the 2009 and 2018 MVEBs using 
revised planning data which became available after the original 
maintenance plan was submitted to EPA on September 8, 2006. The 2009 
and 2018 MVEBs for VOCs and NOX emissions listed above in

[[Page 64550]]

Table 1 under the Proposed MVEBs in the Revised Maintenance Plan 
section will serve as the new MVEBs for transportation conformity 
planning.
    As shown in Table 1, above, WVDEP has proposed reallocating a 
portion of the previous safety margin into the MVEBs for both VOCs and 
NOX. The remaining surplus emissions have been reserved as 
residual safety margins in the total maintenance budgets to ensure 
continued maintenance of the 8-hour ozone NAAQS.
    To explain how the safety margins are determined and allocated, the 
VOC emissions for the Parkersburg area may be used as an example. In 
Table 2, listed under the Current Total Emissions in the Approved 
Maintenance Plan section, the total 2004 base year VOC emissions are 
16.7 tons/day (tpd), which is the maximum amount of VOC emissions 
consistent with maintenance of the 8-hour ozone NAAQS. The total 
projected 2009 emissions are 14.0 tpd, which provides a 2.7 tpd VOC 
safety margin (i.e., the ozone NAAQS would continue to be maintained if 
total VOC emissions increased as much as 2.7 tpd above the projected 
2009 emissions of 14.0 tpd). In the Proposed Total Emissions in the 
Revised Maintenance Plan section, the total projected emissions for 
2009 would be increased by 0.8 tpd through the increase in the 
allowable mobile emissions for VOC while still leaving a safety margin 
of 1.9 tpd. Therefore, even with the reallocation of some of the 
current safety margin into the MVEBs, the State of West Virginia has 
left a safety margin for any other unforeseen growth.

III. Final Action

    EPA is approving West Virginia's August 25, 2008 SIP revision 
submittal which amends the 8-hour ozone maintenance plan for the 
Parkersburg area. These revisions amend the maintenance plans' 2009 and 
2018 MVEBs to reflect the reallocation of a portion of the plans' 
safety margins which results in an increase in the MVEBs. EPA is 
approving this SIP revision to the maintenance plan for the Parkersburg 
area because the August 25, 2008 submittal continues to demonstrate 
maintenance of the 8-hour ozone NAAQS as even after reallocation of a 
portion of the safety margin a sufficient safety margin still exists to 
demonstrate continued attainment.
    EPA notes that the DC Circuit issued a decision on July 11, 2008, 
vacating the Clean Air Interstate Rule (CAIR). North Carolina v. EPA, 
531 F.3d 896 (DC Cir. 2008).\1\ EPA's CAIR modeling was included in the 
last Parkersburg maintenance plan effective June 17, 2007 (72 FR 25967, 
May 8, 2007) as a supplemental analysis however, EPA's approval of that 
maintenance plan was based on permanent and enforceable measures (as 
instructed in the Calcagni memorandum, September 4, 1992). These 
permanent and enforceable measures are sufficient to provide for 
continued maintenance even without any CAIR reductions. EPA did note in 
the approval that, in addition to permanent and enforceable measures, 
further emissions reductions in the nonattainment area (specifically 
Washington County, OH) are largely attributable to CAIR, but these 
reductions are not needed to demonstrate maintenance in the area. 
Therefore, EPA's approval of the August 25, 2008 SIP revision is not 
impacted by the DC Circuit Court decision as even without any CAIR 
reductions the area continues to demonstrate maintenance after 
reallocation of a portion of the safety margin.
---------------------------------------------------------------------------

    \1\ EPA filed a petition for rehearing with the Court of Appeals 
for the District of Columbia Circuit on September 24, 2008.
---------------------------------------------------------------------------

    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment, since no significant adverse comments were received on 
the SIP revision at the State level. However, in the ``Proposed Rules'' 
section of today's Federal Register, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
adverse comments are filed. This rule will be effective on December 29, 
2008 without further notice unless EPA receives adverse comment by 
December 1, 2008.
    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.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175(65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

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

[[Page 64551]]

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 action 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. A major rule cannot take effect until 60 days after it is 
published in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 29, 2008. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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 to revise the MVEBs for the 
Parkersburg 8-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.

    Dated: October 20, 2008.
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 revising 
the entry for the 8-Hour Ozone Maintenance Plan for the Parkersburg-
Marietta, WV-OH Area to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                            State
    Name of non-regulatory SIP          Applicable        submittal     EPA approval date        Additional
             revision                 geographic area        date                                explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone Maintenance Plan for  Wood County.........     09/08/06  5/8/07; 72 FR 2967..
 the Parkersburg-Marietta, WV-OH
 Area.
                                                            08/25/08  10/30/08; [Insert     Reallocation of
                                                                       page number where     emissions from the
                                                                       the document          existing ``safety
                                                                       begins].              margin'' to
                                                                                             increase the
                                                                                             available motor
                                                                                             vehicle emission
                                                                                             budgets for highway
                                                                                             vehicles.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E8-25662 Filed 10-29-08; 8:45 am]
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