Approval and Promulgation of Air Quality Implementation Plans; State of West Virginia; Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 27510-27512 [2010-11677]

Download as PDF 27510 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. requirements, Security measures, Waterways. ENVIRONMENTAL PROTECTION AGENCY For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: 40 CFR Part 52 PART 165—PART 165–REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Technical Standards Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Approval and Promulgation of Air Quality Implementation Plans; State of West Virginia; Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. mstockstill on DSKH9S0YB1PROD with PROPOSALS Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves the creation of a safety zone and is categorically excluded from further analysis under exemption 34(g) of the Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping VerDate Mar<15>2010 17:12 May 14, 2010 Jkt 220001 1. The authority citation for part 165 continues to read as follows: 2. Add § 165.T05–0349 to read as follows: § 165.T05–0349, Safety Zone; Big Timber Creek, Westville, New Jersey. (a) Regulated area: The waters of the Big Timber Creek in Westville Boro, Gloucester County, New Jersey, from the Route 130 Bridge to the entrance of the Delaware River. (b) Definitions: (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Delaware Bay. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Delaware Bay with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (c) Safety Zone: (1) Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area shall: (i) Stop the vessel immediately when directed to do so by any Official Patrol. (ii) Proceed as directed by any Official Patrol. (d) Enforcement Period. This section will be enforced annually from 8 p.m. to 11 p.m. on the last Saturday in June with a rain date of the first Saturday in July. Dated: April 29, 2010. M.L. Austin, Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay. [FR Doc. 2010–11655 Filed 5–14–10; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 [EPA–R03–OAR–2010–0157; FRL–9151–9] AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve submittals from the State of West Virginia pursuant to the Clean Air Act (CAA) sections 110(k)(2) and (3). These submittals address the infrastructure elements specified in the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 8-hour ozone and fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) and the 2006 PM2.5 NAAQS. This proposed action is limited to the following infrastructure elements which were subject to EPA’s completeness findings pursuant to CAA section 110(k)(1) for the 1997 8-hour ozone NAAQS dated March 27, 2008 and the 1997 PM2.5 NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. DATES: Written comments must be received on or before June 16, 2010. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2010–0157 by one of the following methods: • https://www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: fernandez.cristina@epa.gov. • Mail: EPA–R03–OAR–2010–0157, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. • 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–2010– 0157. 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:// E:\FR\FM\17MYP1.SGM 17MYP1 27511 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 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 https:// www.regulations.gov or e-mail. The https://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 https:// www.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 https://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 https:// 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: Irene Shandruk, (215) 814–2166, or by e-mail at shandruk.irene@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS (62 FR 38856) and a new PM2.5 NAAQS (62 FR 38652). The revised ozone NAAQS is based on 8-hour average concentrations. The 8-hour averaging period replaced the previous 1-hour averaging period, and the level of the NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm. The new PM2.5 NAAQS established a health-based PM2.5 standard of 15.0 micrograms per cubic meter (μg/m3) based on a 3-year average of annual mean PM2.5 concentrations, and a twenty-four hour standard of 65 μg/m3 based on a 3-year average of the 98th percentile of 24-hour concentrations. EPA strengthened the 24-hour PM2.5 NAAQS from 65 μg/m3 to 35 μg/m3 on October 17, 2006 (71 FR 61144). Section 110(a) of the CAA requires States to submit State Implementation Plans (SIPs) that provide for the implementation, maintenance, and enforcement of new or revised NAAQS within three years following the promulgation of such NAAQS. In March of 2004, Earthjustice initiated a lawsuit against EPA for failure to take action against States that had not made SIP submissions to meet the requirements of sections 110(a)(1) and (2) for the 1997 8-hour ozone and PM2.5 NAAQS, i.e., failure to make a ‘‘finding of failure to submit the required SIP 110(a) SIP elements.’’ On March 10, 2005, EPA entered into a Consent Decree with Earthjustice that obligated EPA to make official findings in accordance with section 110(k)(1) of the CAA as to whether States have made required complete SIP submissions, pursuant to sections 110(a)(1) and (2), by December 15, 2007 for the 1997 8-hour ozone NAAQS and by October 5, 2008 for the 1997 PM2.5 NAAQS. EPA made such findings for the 1997 8-hour ozone NAAQS on March 27, 2008 (73 FR 16205) and on October 22, 2008 (73 FR 62902) for the 1997 PM2.5 NAAQS. These completeness findings did not include findings relating to: (1) Section 110(a)(2)(C) to the extent that such subsection refers to a permit program as required by Part D Title I of the CAA; (2) section 110(a)(2)(I); and (3) section 110(a)(2)(D)(i), which has been addressed by a separate finding issued by EPA on April 25, 2005 (70 FR 21147). Therefore, this action does not cover these specific elements. II. Summary of State Submittal West Virginia provided multiple submittals to satisfy section 110(a)(2) requirements that are the subject of this proposed action for the 1997 8-hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS. The submittals shown in Table 1 addressed the infrastructure elements, or portions thereof, identified in section 110(a)(2) that EPA is proposing to approve. TABLE 1—110(a)(2) ELEMENTS, OR PORTIONS THEREOF, EPA IS PROPOSING TO APPROVE FOR 1997 OZONE AND PM2.5 AND 2006 PM2.5 NAAQS 1997 8-hour ozone 1997 PM2.5 December 3, 2007 .............................. April 3, 2008 ........................................ May 21, 2008 ...................................... July 9, 2008 ......................................... October 1, 2009 .................................. A, C, D(ii), E, F, G, J, K, L. ............................................................. B, E, F, G, H, J, K, M ......................... ............................................................. C ......................................................... A, C, D(ii), E, F, J, L. B, E, F, G, H, J, K, M. G. C ......................................................... March 18, 2010 ................................... mstockstill on DSKH9S0YB1PROD with PROPOSALS Submittal date ............................................................. G ......................................................... EPA has analyzed the above identified submissions and is proposing to make a determination that such submittals meet the requirements of section 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. A detailed summary of EPA’s review of VerDate Mar<15>2010 17:12 May 14, 2010 Jkt 220001 and rationale for approving West Virginia’s submittals may be found in the Technical Support Document (TSD) for this action, which is available online at https://www.regulations.gov, Docket number EPA–R03–OAR–2010–0157. PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 2006 PM2.5 A, B, C, D(ii), E, F, G, H, J, K, L, M. G. III. Proposed Action EPA is proposing to approve West Virginia’s submittals that provide the basic program elements specified in the CAA sections 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof, necessary to E:\FR\FM\17MYP1.SGM 17MYP1 27512 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules mstockstill on DSKH9S0YB1PROD with PROPOSALS implement, maintain, and enforce the 1997 8-hour ozone and PM2.5 NAAQS and the 2006 PM2.5 NAAQS. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 CAA. Accordingly, this action merely proposes to approve State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed 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 CAA; 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 proposed rule, pertaining to West Virginia’s section VerDate Mar<15>2010 17:12 May 14, 2010 Jkt 220001 110(a)(2) infrastructure requirements for the 1997 8-hour ozone and PM2.5 NAAQS, and the 2006 PM2.5 NAAQS 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 5, 2010. W.C. Early, Acting Regional Administrator, Region II. [FR Doc. 2010–11677 Filed 5–14–10; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2010–0139; FRL–9151–8] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve submittals from the District of Columbia (the District) pursuant to the Clean Air Act (CAA) sections 110(k)(2) and (3). These submittals address the infrastructure elements specified in the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 8-hour ozone and fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) and the 2006 PM2.5 NAAQS. This proposed action is limited to the following infrastructure elements which were subject to EPA’s completeness findings pursuant to CAA section 110(k)(1) for the 1997 8-hour ozone NAAQS dated March 27, 2008, and the 1997 PM2.5 NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). DATES: Written comments must be received on or before June 16, 2010. PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2010–0139 by one of the following methods: • https://www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: fernandez.cristina@epa.gov. • Mail: EPA–R03–OAR–2010–0139, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. • 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–2010– 0139. 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.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 https:// www.regulations.gov or e-mail. The https://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 https:// www.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 https://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. E:\FR\FM\17MYP1.SGM 17MYP1

Agencies

[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Proposed Rules]
[Pages 27510-27512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11677]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0157; FRL-9151-9]


Approval and Promulgation of Air Quality Implementation Plans; 
State of West Virginia; Section 110(a)(2) Infrastructure Requirements 
for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve submittals from the State of West 
Virginia pursuant to the Clean Air Act (CAA) sections 110(k)(2) and 
(3). These submittals address the infrastructure elements specified in 
the CAA section 110(a)(2), necessary to implement, maintain, and 
enforce the 1997 8-hour ozone and fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS) and 
the 2006 PM2.5 NAAQS. This proposed action is limited to the 
following infrastructure elements which were subject to EPA's 
completeness findings pursuant to CAA section 110(k)(1) for the 1997 8-
hour ozone NAAQS dated March 27, 2008 and the 1997 PM2.5 
NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M), or portions thereof.

DATES: Written comments must be received on or before June 16, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0157 by one of the following methods:
     https://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: fernandez.cristina@epa.gov.
     Mail: EPA-R03-OAR-2010-0157, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
     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-
2010-0157. 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://

[[Page 27511]]

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 https://www.regulations.gov or e-
mail. The https://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 https://www.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 
https://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 https://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: Irene Shandruk, (215) 814-2166, or by 
e-mail at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS (62 
FR 38856) and a new PM2.5 NAAQS (62 FR 38652). The revised 
ozone NAAQS is based on 8-hour average concentrations. The 8-hour 
averaging period replaced the previous 1-hour averaging period, and the 
level of the NAAQS was changed from 0.12 parts per million (ppm) to 
0.08 ppm. The new PM2.5 NAAQS established a health-based 
PM2.5 standard of 15.0 micrograms per cubic meter ([micro]g/
m\3\) based on a 3-year average of annual mean PM2.5 
concentrations, and a twenty-four hour standard of 65 [micro]g/m\3\ 
based on a 3-year average of the 98th percentile of 24-hour 
concentrations. EPA strengthened the 24-hour PM2.5 NAAQS 
from 65 [micro]g/m\3\ to 35 [micro]g/m\3\ on October 17, 2006 (71 FR 
61144).
    Section 110(a) of the CAA requires States to submit State 
Implementation Plans (SIPs) that provide for the implementation, 
maintenance, and enforcement of new or revised NAAQS within three years 
following the promulgation of such NAAQS. In March of 2004, 
Earthjustice initiated a lawsuit against EPA for failure to take action 
against States that had not made SIP submissions to meet the 
requirements of sections 110(a)(1) and (2) for the 1997 8-hour ozone 
and PM2.5 NAAQS, i.e., failure to make a ``finding of 
failure to submit the required SIP 110(a) SIP elements.'' On March 10, 
2005, EPA entered into a Consent Decree with Earthjustice that 
obligated EPA to make official findings in accordance with section 
110(k)(1) of the CAA as to whether States have made required complete 
SIP submissions, pursuant to sections 110(a)(1) and (2), by December 
15, 2007 for the 1997 8-hour ozone NAAQS and by October 5, 2008 for the 
1997 PM2.5 NAAQS. EPA made such findings for the 1997 8-hour 
ozone NAAQS on March 27, 2008 (73 FR 16205) and on October 22, 2008 (73 
FR 62902) for the 1997 PM2.5 NAAQS. These completeness 
findings did not include findings relating to: (1) Section 110(a)(2)(C) 
to the extent that such subsection refers to a permit program as 
required by Part D Title I of the CAA; (2) section 110(a)(2)(I); and 
(3) section 110(a)(2)(D)(i), which has been addressed by a separate 
finding issued by EPA on April 25, 2005 (70 FR 21147). Therefore, this 
action does not cover these specific elements.

II. Summary of State Submittal

    West Virginia provided multiple submittals to satisfy section 
110(a)(2) requirements that are the subject of this proposed action for 
the 1997 8-hour ozone NAAQS and the 1997 and 2006 PM2.5 
NAAQS. The submittals shown in Table 1 addressed the infrastructure 
elements, or portions thereof, identified in section 110(a)(2) that EPA 
is proposing to approve.

 Table 1--110(a)(2) Elements, or Portions Thereof, EPA Is Proposing To Approve for 1997 Ozone and PM2.5 and 2006
                                                   PM2.5 NAAQS
----------------------------------------------------------------------------------------------------------------
          Submittal date             1997 8-hour ozone        1997 PM2.5                   2006 PM2.5
----------------------------------------------------------------------------------------------------------------
December 3, 2007.................  A, C, D(ii), E, F,                          .................................
                                    G, J, K, L.
April 3, 2008....................  ....................  A, C, D(ii), E, F,    .................................
                                                          J, L.
May 21, 2008.....................  B, E, F, G, H, J, K,  B, E, F, G, H, J, K,  .................................
                                    M.                    M.
July 9, 2008.....................  ....................  G.                    .................................
October 1, 2009..................  C...................  C...................  A, B, C, D(ii), E, F, G, H, J, K,
                                                                                L, M.
March 18, 2010...................  ....................  G...................  G.
----------------------------------------------------------------------------------------------------------------

    EPA has analyzed the above identified submissions and is proposing 
to make a determination that such submittals meet the requirements of 
section 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), 
(L), and (M), or portions thereof. A detailed summary of EPA's review 
of and rationale for approving West Virginia's submittals may be found 
in the Technical Support Document (TSD) for this action, which is 
available online at https://www.regulations.gov, Docket number EPA-R03-
OAR-2010-0157.

III. Proposed Action

    EPA is proposing to approve West Virginia's submittals that provide 
the basic program elements specified in the CAA sections 110(a)(2)(A), 
(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or 
portions thereof, necessary to

[[Page 27512]]

implement, maintain, and enforce the 1997 8-hour ozone and 
PM2.5 NAAQS and the 2006 PM2.5 NAAQS. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely proposes to approve State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this proposed 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 CAA; 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 proposed rule, pertaining to West Virginia's 
section 110(a)(2) infrastructure requirements for the 1997 8-hour ozone 
and PM2.5 NAAQS, and the 2006 PM2.5 NAAQS 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 5, 2010.
W.C. Early,
Acting Regional Administrator, Region II.
[FR Doc. 2010-11677 Filed 5-14-10; 8:45 am]
BILLING CODE 6560-50-P
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