Approval and Promulgation of Air Quality Implementation Plans; West Virginia and Ohio; Determinations of Attainment of the 1997 Annual Fine Particle Standard for the Parkersburg-Marietta and Wheeling Nonattainment Areas, 75464-75467 [2011-30923]
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Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations
Signature Required
The addressee’s (or agent’s) signature
is required for all Express Mail Custom
Designed service.
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Additional Mailing Services
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Extra Services for Express Mail
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Available Services
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[Revise 1.1.6 by adding a new last
sentence as follows:]
* * * A signature is required for COD
service.
1.1.7
11.5 Exception for Business/
Regulatory Purposes
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Mailing
* * * All mailings under the
business/regulatory purposes exception
must:
[Revise item 11.5.2a as follows:]
a. Be entered in a face-to-face
transaction with a postal employee as
Express Mail with Hold For Pickup
service (Carrier Pickup service not
permitted);
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Exception for Certain Individuals
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Insurance and Indemnity
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No customer may send or cause to be
sent more than 10 mailings under this
exception in any 30-day period. Each
mailing under the certain individuals
exception must:
[Revise item 11.6.2a as follows:]
a. Be entered as Express Mail with an
Adult Signature extra service (see
503.8.0), or Express Mail with Hold For
Pickup service (Carrier Pickup service
not permitted); unless shipped to APO/
FPO/DPO addresses under 11.6.4.
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[Revise the first sentence of 12.2.5 as
follows:]
Any article sent COD also may be sent
by Express Mail Next Day and Express
Mail Second Day service when a
signature is requested. * * *
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b. All mailings under the consumer
testing exception:
[Revise 11.7.2b1 as follows:]
1. Must be entered in face-to-face
transactions with postal employees as
Express Mail with Hold For Pickup
service requested (Carrier Pickup
service not permitted);
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Collect on Delivery (COD)
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11.7.2
[Revise the last sentence of 1.1.8 as
follows:]
* * * When ‘‘signature required’’
service is not requested, or when
‘‘waiver of signature’’ is requested
additional insurance is not available.
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follows:]
2.6.10 Signature Required
A signature is required for Express
Mail Military Service.
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We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2011–30974 Filed 12–1–11; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0469; FRL–9498–7]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia and Ohio; Determinations of
Attainment of the 1997 Annual Fine
Particle Standard for the ParkersburgMarietta and Wheeling Nonattainment
Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Conditions for Refund
[Revise 9.5.2 to change the refund
request days from 90 to 30 days, and
consolidate the text in the introductory
paragraph and items a and b as
follows:]
A postage refund request must be
made within 30 days after the date of
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9.5.3 Refunds Not Given
[Revise the DMM references in 9.5.3 to
include 214.3.0 and 314.3.0 as follows:]
A postage refund will not be given if
the guaranteed service was not provided
due to any of the circumstances in
114.2.0, 214.3.0, 314.3.0, and 414.3.0.
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Mailing
Express Mail is insured against loss,
damage, or missing contents, subject to
these standards:
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[Revise item 1.1.7b as follows:]
b. All Express Mail signed for by the
addressee or the addressee’s agent
constitutes a valid delivery, and no
indemnity for loss is paid. For Express
Mail items not requiring a signature, a
delivered scan event constitutes a valid
delivery, and no indemnity for loss is
paid.
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11.7
mailing. Except as provided in 114.2.0,
214.3.0, 314.3.0, and 414.3.0, a mailer
may file for a postage refund only if the
item was not delivered, delivery was not
attempted, or if the item was not made
available for claim by the delivery date
and time specified at the time of
mailing.
EPA is making determinations
that the Parkersburg-Marietta, West
Virginia-Ohio (WV-OH) fine particle
(PM2.5) nonattainment area and the
Wheeling, WV-OH PM2.5 nonattainment
SUMMARY:
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area (hereafter referred to as ‘‘Areas’’)
have attained the 1997 annual PM2.5
National Ambient Air Quality Standard
(NAAQS) by their applicable attainment
date of April 5, 2010. These
determinations are based upon
complete, quality-assured, and certified
ambient air monitoring data for the
2007–2009 monitoring period. EPA is
finding these Areas to be in attainment,
in accordance with the requirements of
the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on January 3, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0469. All
documents in the docket are listed in
the https://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
https://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.
FOR FURTHER INFORMATION CONTACT:
Region 3, Irene Shandruk, Office of Air
Program Planning (3AP30),
Environmental Protection Agency,
Region 3, 1650 Arch Street,
Philadelphia, PA 19103–2029, (215)
814–2166, shandruk.irene@epa.gov.
Region 5, Carolyn Persoon, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 353–8290,
persoon.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On July 18, 1997 (62 FR 36852),
EPA established a health-based PM2.5
NAAQS at 15.0 micrograms per cubic
meter (mg/m3) based on a 3-year average
of annual mean PM2.5 concentrations
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(hereafter referred to as ‘‘the annual
PM2.5 NAAQS’’ or ‘‘the annual
standard’’). At that time, EPA also
established a 24-hour standard of 65 mg/
m3 (the ‘‘1997 24-hour standard’’). See,
40 CFR 50.7. On January 5, 2005 (70 FR
944), EPA published its air quality
designations and classifications for the
1997 p.m.2.5 NAAQS based upon air
quality monitoring data from those
monitors for calendar years 2001–2003.
These designations became effective on
April 5, 2005. The Parkersburg-Marietta,
WV-OH and Wheeling, WV-OH
nonattainment areas were designated
nonattainment for the 1997 p.m.2.5
NAAQS during this designations
process. See, 40 CFR 81.349 (West
Virginia) and 40 CFR 81.336 (Ohio). The
Parkersburg-Marietta, WV-OH
nonattainment area consists of Wood
County, WV, the Grant Tax District of
Pleasants County, WV, and Washington
County, OH. The Wheeling, WV-OH
nonattainment area consists of Marshall
County, WV, Ohio County, WV, and
Belmont County, OH.
EPA previously issued determinations
of attainment of the 1997 annual PM2.5
NAAQS for each of these Areas
pursuant to 40 CFR 51.1004(c). These
determinations were published in the
Federal Register on November 20, 2009
(74 FR 60199) and remain in effect.
Under CAA section 179(c), EPA is
required to make a determination that a
nonattainment area has attained by its
applicable attainment date, and publish
that determination in the Federal
Register. The determination of
attainment is not equivalent to a
redesignation, and the state must still
meet the statutory requirements for
redesignation in order for the Areas to
be redesignated to attainment.
Complete, quality-assured, and
certified PM2.5 air quality monitoring
data recorded in the EPA Air Quality
System (AQS) database for 2007–2009,
show that the Parkersburg-Marietta,
WV-OH and Wheeling, WV-OH
nonattainment areas attained the 1997
annual PM2.5 NAAQS by their
applicable attainment date.
On July 21, 2011 (76 FR 43634), EPA
published a notice of proposed
rulemaking (NPR) for the States of West
Virginia and Ohio. The NPR proposed to
determine that the Parkersburg-Marietta,
WV-OH PM2.5 nonattainment area and
the Wheeling, WV-OH PM2.5
nonattainment area have attained the
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1997 annual PM2.5 NAAQS by the
applicable attainment date of April 5,
2010. The proposal is based upon
complete, quality-assured, and certified
ambient air monitoring data for the
2007–2009 monitoring period and EPA’s
determinations are in accordance with
EPA’s PM2.5 Implementation Rule of
April 25, 2007 (72 FR 20664). One
comment was submitted on the July 21,
2011 NPR (76 FR 43634). A summary of
the comment and EPA’s response is
provided in section III of this document.
II. What is EPA’s analysis of the
relevant air quality data?
EPA has reviewed the ambient air
monitoring data for PM2.5, consistent
with the requirements contained in 40
CFR part 50 and recorded in the data in
the EPA AQS database for the
Parkersburg-Marietta, WV-OH and
Wheeling, WV-OH nonattainment areas
for the monitoring period from 2007–
2009. On the basis of that review, EPA
is determining that the Areas attained
the 1997 annual PM2.5 NAAQS by the
applicable April 5, 2010, attainment
date.
Under EPA regulations at 40 CFR
50.7, the annual primary and secondary
PM2.5 standards are met when the
annual arithmetic mean concentrations,
as determined in accordance with 40
CFR part 50, appendix N, is less than or
equal to 15.0 mg/m3, at all relevant
monitoring sites. The values calculated
in accordance with 40 CFR part 50,
appendix N, are referred to as design
values, and these values are used to
determine if an area is attaining the
PM2.5 NAAQS. According to the PM2.5
implementation rule, the attainment
date for these Areas is April 5, 2010,
and the monitoring data from 2007–
2009 is used to determine if the Areas
attained by April 5, 2010.
Tables 1 shows the PM2.5 design
values for each monitor in the
Parkersburg-Marietta, WV-OH
nonattainment area and the Wheeling,
WV-OH nonattainment area,
respectively, for the years 2007–2009.
All 2007–2009 design values are below
15.0 mg/m3, and all monitors meet the
data completeness requirements.
Therefore, the Parkersburg-Marietta,
WV-OH and Wheeling, WV-OH
nonattainment areas attained the 1997
annual PM2.5 NAAQS by their
attainment date.
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TABLE 1—ANNUAL PM2.5 DESIGN VALUES FOR PARKERSBURG-MARIETTA, WV-OH AND WHEELING, WV-OH
NONATTAINMENT AREAS *
State
Monitor ID
Certified annual
design value
2007–2009
(μg/m3)
541071002 .............................................
No monitor .............................................
No monitor .............................................
13.7
............................
............................
540511002 .............................................
540690010 .............................................
No monitor .............................................
13.4
13.2
............................
County
Parkersburg-Marietta, WV-OH
West Virginia ..........................................
Ohio ........................................................
Wood County .........................................
Grant Tax District of Pleasants County
Washington County ................................
Wheeling, WV-OH
West Virginia ..........................................
Ohio ........................................................
Marshall County .....................................
Ohio County ...........................................
Belmont County .....................................
* The data presented in Table 1 are available at https://www.epa.gov/air/airtrends/values.html.
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III. Summary of Public Comment and
EPA Response
Comment: A commenter expressed
concern about implementing a new,
revised standard for ozone and stated
that the current 1997 8-hour ozone
standard should be left in place.
Response: As stated in the notice of
proposed rulemaking, this rulemaking
concerns EPA’s determinations that the
Parkersburg-Marietta, WV-OH and
Wheeling, WV-OH nonattainment areas
have attained the 1997 annual PM2.5
NAAQS. These determinations concern
only whether these areas meet the 1997
annual PM2.5 standard, and do not relate
to any other NAAQS. The commenter
expressed an opinion as to whether the
current NAAQS for ozone (the 1997
Ozone NAAQS) should be revised.
Because the comment does not relate to
EPA’s proposed determination that the
Parkersburg-Marietta, WV-OH and
Wheeling, WV-OH nonattainment areas
have attained the 1997 annual PM2.5
NAAQS, it is not relevant to, and is
beyond the scope of this rulemaking
action.
IV. Final Action
EPA is finalizing the determinations
that the Parkersburg-Marietta, WV-OH
and Wheeling, WV-OH nonattainment
areas have attained the 1997 annual
PM2.5 standard by the applicable
attainment date (April 5, 2010). These
actions meet the requirement pursuant
to section 179(c) of the CAA for EPA to
make a determination as to whether the
Areas attained the standard by the
applicable attainment date of April 5,
2010.
Finalizing these actions does not
constitute a redesignation of the Areas
to attainment of the 1997 annual PM2.5
NAAQS under section 107(d)(3) of the
CAA. Further, finalizing these
determinations does not involve
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approving maintenance plans for the
Areas as required under section 175A of
the CAA, nor does it find that the Areas
have met all other requirements for
redesignation. The designation status of
the Parkersburg-Marietta, WV-OH, and
Wheeling, WV-OH areas remains
nonattainment for the 1997 annual
PM2.5 NAAQS until such time as EPA
determines that the Areas meet the CAA
requirements for redesignation to
attainment and EPA acts to redesignate
the Parkersburg-Marietta, WV-OH, and
Wheeling, WV-OH areas.
IV. Statutory and Executive Order
Reviews
A. General Requirements
These actions merely make attainment
determinations based on air quality data
and does not impose any additional
requirements. 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
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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 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
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.
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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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 31, 2012. 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
pertaining to the determinations of
attainment for the Parkersburg-Marietta,
WV-OH and the Wheeling, WV-OH
PM2.5 nonattainment areas 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, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: September 27, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
Dated: October 18, 2011.
Susan Hedman,
Regional Administrator, Region 5.
Wheeling, WV-OH PM2.5 nonattainment
areas are not subject to the
consequences of failing to attain
pursuant to section 179(d).
Subpart XX—West Virginia
3. Section 52.2527 is amended by
adding paragraph (d) to read as follows:
■
§ 52.2527
Determinations of attainment.
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(d) Based upon EPA’s review of the
air quality data for the 3-year period
2007 to 2009, EPA determined that the
Parkersburg-Marietta, WV-OH and
Wheeling, WV-OH fine particle (PM2.5)
nonattainment areas attained the 1997
annual PM2.5 National Ambient Air
Quality Standard (NAAQS) by the
applicable attainment date of April 5,
2010. Therefore, EPA has met the
requirement pursuant to CAA section
179(c) to determine, based on the areas’
air quality as of the attainment date,
whether the areas attained the standard.
EPA also determined that the
Parkersburg-Marietta, WV-OH and
Wheeling, WV-OH PM2.5 nonattainment
areas are not subject to the
consequences of failing to attain
pursuant to section 179(d).
[FR Doc. 2011–30923 Filed 12–1–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR part 52 is amended as follows:
[EPA–R06–OAR–2010–0775; FRL–9496–8]
1. The authority citation for part 52
continues to read as follows:
Approval and Promulgation of Air
Quality Implementation Plans;
Louisiana; Revisions To Control
Volatile Organic Compound Emissions
for Surface Coatings and Graphic Arts
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
2. Section 52.1892 is amended by
adding paragraph (d) to read as follows:
■
§ 52.1892
Determinations of attainment.
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(d) Based upon EPA’s review of the
air quality data for the 3-year period
2007 to 2009, EPA determined that the
Parkersburg-Marietta, WV-OH and
Wheeling, WV-OH fine particle (PM2.5)
nonattainment areas attained the 1997
annual PM2.5 National Ambient Air
Quality Standard (NAAQS) by the
applicable attainment date of April 5,
2010. Therefore, EPA has met the
requirement pursuant to CAA section
179(c) to determine, based on the areas’
air quality as of the attainment date,
whether the areas attained the standard.
EPA also determined that the
Parkersburg-Marietta, WV-OH and
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving State
Implementation Plan (SIP) revisions for
control of volatile organic compounds
(VOCs) adopted by Louisiana on June
20, 2009 and August 20, 2010, and
submitted to EPA on August 31, 2010.
EPA is also approving, by parallel
processing, a SIP revision for control of
emission of organic compounds which
was proposed by Louisiana on January
10, 2011 and adopted on April 20, 2011.
EPA issued Control Techniques
Guidelines (CTGs) in 2006, 2007 and
2008; Louisiana’s rule revisions being
approved in this action were developed
in response to these CTGs. EPA is
approving these revisions because they
SUMMARY:
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meet the requirements of Reasonably
Available Control Technology (RACT)
as set forth in the Clean Air Act (CAA)
as well as the requirements of EPA’s
regulations, and they are consistent with
EPA’s guidance. This action is being
taken under section 110 and part D of
the CAA.
This final rule is effective on
January 3, 2012.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2010–0775. All documents in the docket
are listed at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
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 at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 Freedom of
Information Act (FOIA) Review Room
between the hours of 8:30 a.m. and 4:30
p.m. weekdays except for legal holidays.
Contact the person listed in the FOR
ADDRESSES:
FURTHER INFORMATION CONTACT
40 CFR Part 52
PART 52—[AMENDED]
■
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paragraph below or Mr. Bill Deese at
(214) 665–7253 to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. There will
be a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
Ms.
Ellen Belk, Air Planning Section (6PD–
L), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–2164; fax number (214) 665–
7263; email address belk.ellen@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Outline
I. What is the background for these actions?
II. What comments did we receive on the
proposed rule?
III. What actions are we taking?
IV. Statutory and Executive Order Reviews
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]]>Agencies
[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Rules and Regulations]
[Pages 75464-75467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30923]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0469; FRL-9498-7]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia and Ohio; Determinations of Attainment of the 1997 Annual
Fine Particle Standard for the Parkersburg-Marietta and Wheeling
Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is making determinations that the Parkersburg-Marietta,
West Virginia-Ohio (WV-OH) fine particle (PM2.5)
nonattainment area and the Wheeling, WV-OH PM2.5
nonattainment
[[Page 75465]]
area (hereafter referred to as ``Areas'') have attained the 1997 annual
PM2.5 National Ambient Air Quality Standard (NAAQS) by their
applicable attainment date of April 5, 2010. These determinations are
based upon complete, quality-assured, and certified ambient air
monitoring data for the 2007-2009 monitoring period. EPA is finding
these Areas to be in attainment, in accordance with the requirements of
the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on January 3, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0469. All documents in the docket are listed in
the https://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 https://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.
FOR FURTHER INFORMATION CONTACT: Region 3, Irene Shandruk, Office of
Air Program Planning (3AP30), Environmental Protection Agency, Region
3, 1650 Arch Street, Philadelphia, PA 19103-2029, (215) 814-2166,
shandruk.irene@epa.gov. Region 5, Carolyn Persoon, Control Strategies
Section, Air Programs Branch (AR-18J), Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
353-8290, persoon.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On July 18, 1997 (62 FR 36852), EPA established a
health-based PM2.5 NAAQS at 15.0 micrograms per cubic meter
([mu]g/m\3\) based on a 3-year average of annual mean PM2.5
concentrations (hereafter referred to as ``the annual PM2.5
NAAQS'' or ``the annual standard''). At that time, EPA also established
a 24-hour standard of 65 [mu]g/m\3\ (the ``1997 24-hour standard'').
See, 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA published its air
quality designations and classifications for the 1997
p.m.2.5 NAAQS based upon air quality monitoring data from
those monitors for calendar years 2001-2003. These designations became
effective on April 5, 2005. The Parkersburg-Marietta, WV-OH and
Wheeling, WV-OH nonattainment areas were designated nonattainment for
the 1997 p.m.2.5 NAAQS during this designations process.
See, 40 CFR 81.349 (West Virginia) and 40 CFR 81.336 (Ohio). The
Parkersburg-Marietta, WV-OH nonattainment area consists of Wood County,
WV, the Grant Tax District of Pleasants County, WV, and Washington
County, OH. The Wheeling, WV-OH nonattainment area consists of Marshall
County, WV, Ohio County, WV, and Belmont County, OH.
EPA previously issued determinations of attainment of the 1997
annual PM2.5 NAAQS for each of these Areas pursuant to 40
CFR 51.1004(c). These determinations were published in the Federal
Register on November 20, 2009 (74 FR 60199) and remain in effect.
Under CAA section 179(c), EPA is required to make a determination
that a nonattainment area has attained by its applicable attainment
date, and publish that determination in the Federal Register. The
determination of attainment is not equivalent to a redesignation, and
the state must still meet the statutory requirements for redesignation
in order for the Areas to be redesignated to attainment.
Complete, quality-assured, and certified PM2.5 air
quality monitoring data recorded in the EPA Air Quality System (AQS)
database for 2007-2009, show that the Parkersburg-Marietta, WV-OH and
Wheeling, WV-OH nonattainment areas attained the 1997 annual
PM2.5 NAAQS by their applicable attainment date.
On July 21, 2011 (76 FR 43634), EPA published a notice of proposed
rulemaking (NPR) for the States of West Virginia and Ohio. The NPR
proposed to determine that the Parkersburg-Marietta, WV-OH
PM2.5 nonattainment area and the Wheeling, WV-OH
PM2.5 nonattainment area have attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. The proposal is based upon complete, quality-assured, and
certified ambient air monitoring data for the 2007-2009 monitoring
period and EPA's determinations are in accordance with EPA's
PM2.5 Implementation Rule of April 25, 2007 (72 FR 20664).
One comment was submitted on the July 21, 2011 NPR (76 FR 43634). A
summary of the comment and EPA's response is provided in section III of
this document.
II. What is EPA's analysis of the relevant air quality data?
EPA has reviewed the ambient air monitoring data for
PM2.5, consistent with the requirements contained in 40 CFR
part 50 and recorded in the data in the EPA AQS database for the
Parkersburg-Marietta, WV-OH and Wheeling, WV-OH nonattainment areas for
the monitoring period from 2007-2009. On the basis of that review, EPA
is determining that the Areas attained the 1997 annual PM2.5
NAAQS by the applicable April 5, 2010, attainment date.
Under EPA regulations at 40 CFR 50.7, the annual primary and
secondary PM2.5 standards are met when the annual arithmetic
mean concentrations, as determined in accordance with 40 CFR part 50,
appendix N, is less than or equal to 15.0 [mu]g/m\3\, at all relevant
monitoring sites. The values calculated in accordance with 40 CFR part
50, appendix N, are referred to as design values, and these values are
used to determine if an area is attaining the PM2.5 NAAQS.
According to the PM2.5 implementation rule, the attainment
date for these Areas is April 5, 2010, and the monitoring data from
2007-2009 is used to determine if the Areas attained by April 5, 2010.
Tables 1 shows the PM2.5 design values for each monitor
in the Parkersburg-Marietta, WV-OH nonattainment area and the Wheeling,
WV-OH nonattainment area, respectively, for the years 2007-2009. All
2007-2009 design values are below 15.0 [mu]g/m\3\, and all monitors
meet the data completeness requirements. Therefore, the Parkersburg-
Marietta, WV-OH and Wheeling, WV-OH nonattainment areas attained the
1997 annual PM2.5 NAAQS by their attainment date.
[[Page 75466]]
Table 1--Annual PM2.5 Design Values for Parkersburg-Marietta, WV-OH and Wheeling, WV-OH Nonattainment Areas *
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Certified annual
design value
State County Monitor ID 2007-2009
([mu]g/m\3\)
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Parkersburg-Marietta, WV-OH
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West Virginia.......................... Wood County............... 541071002................ 13.7
Grant Tax District of No monitor............... ................
Pleasants County.
Ohio................................... Washington County......... No monitor............... ................
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Wheeling, WV-OH
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West Virginia.......................... Marshall County........... 540511002................ 13.4
Ohio County............... 540690010................ 13.2
Ohio................................... Belmont County............ No monitor............... ................
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* The data presented in Table 1 are available at https://www.epa.gov/air/airtrends/values.html.
III. Summary of Public Comment and EPA Response
Comment: A commenter expressed concern about implementing a new,
revised standard for ozone and stated that the current 1997 8-hour
ozone standard should be left in place.
Response: As stated in the notice of proposed rulemaking, this
rulemaking concerns EPA's determinations that the Parkersburg-Marietta,
WV-OH and Wheeling, WV-OH nonattainment areas have attained the 1997
annual PM2.5 NAAQS. These determinations concern only
whether these areas meet the 1997 annual PM2.5 standard, and
do not relate to any other NAAQS. The commenter expressed an opinion as
to whether the current NAAQS for ozone (the 1997 Ozone NAAQS) should be
revised. Because the comment does not relate to EPA's proposed
determination that the Parkersburg-Marietta, WV-OH and Wheeling, WV-OH
nonattainment areas have attained the 1997 annual PM2.5
NAAQS, it is not relevant to, and is beyond the scope of this
rulemaking action.
IV. Final Action
EPA is finalizing the determinations that the Parkersburg-Marietta,
WV-OH and Wheeling, WV-OH nonattainment areas have attained the 1997
annual PM2.5 standard by the applicable attainment date
(April 5, 2010). These actions meet the requirement pursuant to section
179(c) of the CAA for EPA to make a determination as to whether the
Areas attained the standard by the applicable attainment date of April
5, 2010.
Finalizing these actions does not constitute a redesignation of the
Areas to attainment of the 1997 annual PM2.5 NAAQS under
section 107(d)(3) of the CAA. Further, finalizing these determinations
does not involve approving maintenance plans for the Areas as required
under section 175A of the CAA, nor does it find that the Areas have met
all other requirements for redesignation. The designation status of the
Parkersburg-Marietta, WV-OH, and Wheeling, WV-OH areas remains
nonattainment for the 1997 annual PM2.5 NAAQS until such
time as EPA determines that the Areas meet the CAA requirements for
redesignation to attainment and EPA acts to redesignate the
Parkersburg-Marietta, WV-OH, and Wheeling, WV-OH areas.
IV. Statutory and Executive Order Reviews
A. General Requirements
These actions merely make attainment determinations based on air
quality data and does not impose any additional requirements. 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 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 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 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.
[[Page 75467]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 31, 2012. 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 pertaining to the determinations of attainment for
the Parkersburg-Marietta, WV-OH and the Wheeling, WV-OH
PM2.5 nonattainment areas 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, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: September 27, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
Dated: October 18, 2011.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
0
2. Section 52.1892 is amended by adding paragraph (d) to read as
follows:
Sec. 52.1892 Determinations of attainment.
* * * * *
(d) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Parkersburg-Marietta, WV-
OH and Wheeling, WV-OH fine particle (PM2.5) nonattainment
areas attained the 1997 annual PM2.5 National Ambient Air
Quality Standard (NAAQS) by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the areas' air quality as of the
attainment date, whether the areas attained the standard. EPA also
determined that the Parkersburg-Marietta, WV-OH and Wheeling, WV-OH
PM2.5 nonattainment areas are not subject to the
consequences of failing to attain pursuant to section 179(d).
Subpart XX--West Virginia
0
3. Section 52.2527 is amended by adding paragraph (d) to read as
follows:
Sec. 52.2527 Determinations of attainment.
* * * * *
(d) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Parkersburg-Marietta, WV-
OH and Wheeling, WV-OH fine particle (PM2.5) nonattainment
areas attained the 1997 annual PM2.5 National Ambient Air
Quality Standard (NAAQS) by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the areas' air quality as of the
attainment date, whether the areas attained the standard. EPA also
determined that the Parkersburg-Marietta, WV-OH and Wheeling, WV-OH
PM2.5 nonattainment areas are not subject to the
consequences of failing to attain pursuant to section 179(d).
[FR Doc. 2011-30923 Filed 12-1-11; 8:45 am]
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