Approval and Promulgation of Air Quality Implementation Plans; West Virginia; The 2002 Base Year Inventory for the Huntington Area, 60085-60087 [2012-24240]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules W, thence northwest along the shoreline to the point of origin. (iii) Elliott Bay East General Anchorage. All waters inside the area beginning at latitude 47°35′25.8″ N, longitude 122°20′45.5″ W; thence 000°T to latitude 47°35′55.85″ N, longitude 122°20′45.5″ W; thence 270°T to latitude 47°35′55.85″ N, longitude 122°21′30″ W; thence 180°T to latitude 47°35′19.2″ N, longitude 122°21′30″ W; thence east along the shoreline to the point of origin. (iv) Elliott Bay West General Anchorage. All waters inside the area beginning at latitude 47°35′30″ N, longitude 122°21′41″ W, thence 000°T to latitude 47°35′45.5″ N, longitude 122°21′41″ W; thence 336°T to latitude 47°35′55.85″ N, longitude 122°21′48.5″ W; thence 270°T to latitude 47°35′55.85″ N, longitude 122°23′16.46″ W, thence 180°T to Duwamish Head thence southeast following the shoreline to latitude 47°35′30″ N, longitude 122°22′54.5″ W; thence 090°T to the point of origin. (8) Yukon Harbor General Anchorage. All waters inside the area beginning at latitude 47°33′54.66″ N, longitude 122°31′54.68″ W; thence 106°T to latitude 47°33′23″ N, longitude 122°29′05″ W; thence 180°T to latitude 47°32′39.5″ N, longitude 122°29′05″ W; thence south along the eastern shoreline of Blake Island to latitude 47°31′48″ N, longitude 122°29′21″ W; thence 250°T to latitude 47°31′20.5″ N, longitude 122°31′10″ W; thence west and north along the Kitsap Peninsula shoreline to the point of origin. (9) Cherry Point General Anchorage. The waters within a circular area with a radius of 1600 yards, having its center at latitude 48°48′29.39″ N., longitude 122°46′04.66″ W. (10) Anacortes General Anchorages. (i) Anacortes East (ANE) Anchorage. The waters within a circular area with a radius of 600 yards, having its center at 48°31′27″ N., 122°33′45″ W. (ii) Anacortes Center (ANC) Anchorage. The waters within a circular area with a radius of 600 yards, having its center at 48°30′54″ N, 122°34′06″ W. (iii) Anacortes West (ANW) Anchorage. The waters within a circular area with a radius of 600 yards, having its center at 48°31′09″ N, 122°34′55″ W. (11) Cap Sante Tug and Barge General Anchorage. The Cap Sante Tug and Barge General Anchorage includes all waters enclosed by a line connecting the following points: 48°31′16″ N, 122°36′00″ W, which is approximately the northeast tip of Cap Sante; then southeast to 48°30′53″ N, 122°35′28″ W; then west southwest to 48°30′45″ N, 122°35′52″ W, approximately the south VerDate Mar<15>2010 14:57 Oct 01, 2012 Jkt 229001 tip of Cap Sante; then north along the shoreline to the point of origin. (12) Hat Island Tug and Barge General Anchorage. The Hat Island Tug and Barge General Anchorage includes all waters enclosed by a line connecting the following points: 48°31′19″ N, 122°33′04″ W, near the west side of Hat Island; then southwest to 48°30′37″ N, 122°33′38″ W; then east to 48°30′37″ N, 122°32′00″ W; then northwest to the point of origin. (13) Commencement Bay General Anchorage. A quadrilateral area bounded as follows: Beginning at latitude 47°17′36.36″ N., longitude 122°26′04.45″ W.; thence due south to latitude 47°17′18.36″ N., longitude 122°26′04.45″ W.; thence due east to a point bearing 286°T from Hylebos Waterway Light 1 at a distance of 450 yards; thence due north to latitude 47°17′32.36″ N longitude 122°25′04.45″ W; thence west northwest to the point of origin. (14) Non-anchorage area Port Angeles Harbor. Beginning at a point on the shore at latitude 48°07′03.83″ N., longitude 123°24′20.67″ W.; thence to latitude 48°07′38.43″ N., longitude 123°24′04.67″ W.; thence to latitude 48°07′36.03″ N., longitude 123°23′50.67″ W.; thence to a point on the shoreline at latitude 48°06′56.73″ N., longitude 123°24′08.67″ W. (i) No vessel may anchor in this nonanchorage area at any time. (ii) Dragging, seining, fishing, or other activities which may foul underwater installations within this non-anchorage area are prohibited. (iii) Vessels may transit this nonanchorage area, but must proceed by the most direct route and without unnecessary delay. Note to paragraph (a)(14): The city of Port Angeles will mark this area with signs on the shoreline visible (during normal daylight) 1 mile to seaward reading, ‘‘Do not Anchor in This Area.″ (b) * * * * * * * * Dated: September 12, 2012. K.A. Taylor, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. 2012–24164 Filed 10–1–12; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 60085 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2012–0119; FRL–9736–2] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; The 2002 Base Year Inventory for the Huntington Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the West Virginia State Implementation Plan (SIP) revision submitted by the State of West Virginia, through the West Virginia Department of Environmental Protection (WVDEP), on May 28, 2009 for the Huntington-Ashland, WV–KY– OH nonattainment area (hereafter referred to as the Huntington Area). The emissions inventory is part of the West Virginia May 28, 2009 SIP revision that was submitted to meet nonattainment requirements related to West Virginia’s portion of the Huntington Area for the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) SIP. EPA is proposing to approve the 2002 base year PM2.5 emissions inventory for the Huntington Area in accordance with the requirements of the Clean Air Act (CAA). SUMMARY: Written comments must be received on or before November 1, 2012. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2012–0119 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: mastro.donna@epa.gov. C. Mail: EPA–R03–OAR–2010–0140, Donna Mastro, Acting Associate Director, Office of Air Program Planning, Mailcode 3AP30, 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–2012– 0119. 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 DATES: E:\FR\FM\02OCP1.SGM 02OCP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 60086 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules 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 email. 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 email comment directly to EPA without going through www.regulations.gov, your email 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: Irene Shandruk, (215) 814–2166, or by email at shandruk.irene@epa.gov. SUPPLEMENTARY INFORMATION: I. Background II. Summary of SIP Revision III. Proposed Action IV. Statutory and Executive Order Reviews I. Background Throughout this document, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. On July 18, 1997 (62 FR 38652), EPA promulgated the 1997 PM2.5 NAAQS, including an annual standard of 15.0 micrograms per cubic meter (mg/ m3) based on a 3-year average of annual mean PM2.5 concentrations, and a 24hour (or daily) standard of 65mg/m3 based on a 3-year average of the 98th percentile of 24-hour concentrations. EPA established the standards based on significant evidence and numerous health studies demonstrating that serious health effects are associated with exposures to PM2.5. Following promulgation of a new or revised NAAQS, EPA is required by the CAA to designate areas throughout the United States as attaining or not attaining the NAAQS; this designation process is described in section 107(d)(1) of the CAA. In 1999, EPA and state air quality agencies initiated the monitoring process for the 1997 PM2.5 NAAQS and, by January 2001, established a complete set of air quality monitors. On January 5, 2005, EPA promulgated initial air quality designations for the 1997 PM2.5 NAAQS (70 FR 944), which became effective on April 5, 2005, based on air quality monitoring data for calendar years 2001–03. On April 14, 2005, EPA promulgated a supplemental rule amending the agency’s initial designations (70 FR 19844), with the same effective date (April 5, 2005) at 70 FR 944. As a result of this supplemental rule, PM2.5 nonattainment designations are in effect for 39 areas, comprising 208 counties within 20 states (and the District of Columbia) nationwide, with a combined population of approximately 88 million. The Huntington Area which is the subject of this rulemaking was included in the list of areas not attaining the 1997 PM2.5 NAAQS. The West Virginia portion of the Huntington Area consists of Cabell and Wayne Counties and the Graham Tax District in Mason County. On September 7, 2011 (76 FR 55542), EPA determined that West Virginia had attained the 1997 PM2.5 NAAQS in the Huntington Area. That determination was based on complete, quality-assured, quality-controlled, and certified ambient air monitoring data for the 2008–2010 three-year period that showed the area attained the 1997 PM2.5 NAAQS and continues to attain the standard. The September 7, 2011 determination suspended the requirements for West Virginia to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIP revisions related to attainment of the standard for so long as the nonattainment area continues to meet the 1997 PM2.5 NAAQS. Section 172(c)(3) of the CAA requires submission and approval of a comprehensive, accurate, and current inventory of actual emissions. This proposed approval is limited to the emissions inventory for the Huntington Area. Separate action will be taken on the remainder of West Virginia’s SIP submittal. II. Summary of SIP Revision The 2002 base year emission inventory submitted by WVDEP on May 28, 2009 for the Huntington Area includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NOX), volatile organic compounds (VOCs), PM2.5, coarse particles (PM10), ammonia (NH3) and sulfur dioxide (SO2). EPA has reviewed the results, procedures and methodologies for the base year emissions inventory submitted by WVDEP. The year 2002 was selected by WVDEP as the base year for the emissions inventory per 40 CFR 51.1008(b). A discussion of the emissions inventory development as well as the emissions inventory for the Huntington Area can be found in Appendices C and D of the May 28, 2009 SIP submittal. Table 1, below, provides a summary of the annual 2002 emissions of NOX, VOCs, PM2.5, PM10, NH3 and SO2 for the West Virginia portion of the Huntington Area submittal. TABLE 1—2002 BASE YEAR INVENTORY—WEST VIRGINIA PORTION OF HUNTINGTON AREA IN TONS PER YEAR (TPY) Source sector NH3 Point ......................................................... Area .......................................................... Nonroad ................................................... Onroad ..................................................... VerDate Mar<15>2010 14:57 Oct 01, 2012 Jkt 229001 NOX 7 273 1 163 PO 00000 Frm 00030 PM10 30,148 1,240 6,552 4,778 Fmt 4702 Sfmt 4702 PM2.5 899 8,111 299 111 E:\FR\FM\02OCP1.SGM 610 1,779 277 79 02OCP1 SO2 84,629 2,018 356 203 VOC 620 6,344 1,792 3,658 60087 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules TABLE 1—2002 BASE YEAR INVENTORY—WEST VIRGINIA PORTION OF HUNTINGTON AREA IN TONS PER YEAR (TPY)— Continued Source sector NH3 NOX PM10 PM2.5 SO2 VOC Biogenic ................................................... N/A 155 N/A N/A N/A 20,869 Total .................................................. 444 42,874 9,420 2,745 87,206 33,283 The CAA section 172(c)(3) emissions inventory is developed by the incorporation of data from multiple sources. States were required to develop and submit to EPA a triennial emissions inventory according to the Consolidated Emissions Reporting Rule (CERR) for all source categories (i.e., point, area, nonroad mobile and on-road mobile). The review and evaluation of the methods used for the emissions inventory submitted by West Virginia are found in the Technical Support Document dated August 12, 2010, available online at www.regulations.gov, Docket No. EPA–R03–OAR–2012–0119. EPA finds that the process used to develop this emissions inventory for the Huntington Area is adequate to meet the requirements of CAA section 172(c)(3), the implementing regulations, and EPA guidance for emission inventories. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS III. Proposed Action EPA is proposing to approve the 2002 base year emissions inventory portion of the SIP revision submitted by the State of West Virginia on May 28, 2009 for the Huntington Area. We have made the determination that this action is consistent with section 110 of the CAA. 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 VerDate Mar<15>2010 14:57 Oct 01, 2012 Jkt 229001 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 the PM2.5 2002 base year emissions inventory portion of the West Virginia SIP for the Huntington Area, 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, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 Dated: September 13, 2012. W.C. Early, Acting Regional Administrator, Region III. [FR Doc. 2012–24240 Filed 10–1–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2010–0077; FRL–9735–8] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; The 2002 Base Year Inventory for the Parkersburg Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the West Virginia State Implementation Plan (SIP) revision submitted by the State of West Virginia, through the West Virginia Department of Environmental Protection (WVDEP), on September 9, 2008 for the Parkersburg-Marietta, WV– OH nonattainment area (hereafter referred to as the Parkersburg Area or Area). The emissions inventory is part of the West Virginia September 9, 2008 SIP revision that was submitted to meet nonattainment requirements related to West Virginia’s portion of the Parkersburg Area for the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) SIP. EPA is proposing to approve the 2002 base year PM2.5 emissions inventory for the Parkersburg Area in accordance with the requirements of the Clean Air Act (CAA). SUMMARY: Written comments must be received on or before November 1, 2012. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2010–0077 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: mastro.donna@epa.gov. C. Mail: EPA–R03–OAR–2010–0140, Donna Mastro, Acting Associate DATES: E:\FR\FM\02OCP1.SGM 02OCP1

Agencies

[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Proposed Rules]
[Pages 60085-60087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24240]


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

40 CFR Part 52

[EPA-R03-OAR-2012-0119; FRL-9736-2]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; The 2002 Base Year Inventory for the Huntington Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve the fine particulate matter 
(PM2.5) 2002 base year emissions inventory portion of the 
West Virginia State Implementation Plan (SIP) revision submitted by the 
State of West Virginia, through the West Virginia Department of 
Environmental Protection (WVDEP), on May 28, 2009 for the Huntington-
Ashland, WV-KY-OH nonattainment area (hereafter referred to as the 
Huntington Area). The emissions inventory is part of the West Virginia 
May 28, 2009 SIP revision that was submitted to meet nonattainment 
requirements related to West Virginia's portion of the Huntington Area 
for the 1997 PM2.5 National Ambient Air Quality Standard 
(NAAQS) SIP. EPA is proposing to approve the 2002 base year 
PM2.5 emissions inventory for the Huntington Area in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: Written comments must be received on or before November 1, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0119 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: mastro.donna@epa.gov.
    C. Mail: EPA-R03-OAR-2010-0140, Donna Mastro, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2012-0119. 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

[[Page 60086]]

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 email. 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 email comment directly to EPA without 
going through www.regulations.gov, your email 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: Irene Shandruk, (215) 814-2166, or by 
email at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On July 18, 1997 (62 FR 38652), EPA promulgated the 
1997 PM2.5 NAAQS, including an annual standard of 15.0 
micrograms per cubic meter ([mu]g/m\3\) based on a 3-year average of 
annual mean PM2.5 concentrations, and a 24-hour (or daily) 
standard of 65[mu]g/m\3\ based on a 3-year average of the 98th 
percentile of 24-hour concentrations. EPA established the standards 
based on significant evidence and numerous health studies demonstrating 
that serious health effects are associated with exposures to 
PM2.5.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. In 1999, EPA and state air quality 
agencies initiated the monitoring process for the 1997 PM2.5 
NAAQS and, by January 2001, established a complete set of air quality 
monitors. On January 5, 2005, EPA promulgated initial air quality 
designations for the 1997 PM2.5 NAAQS (70 FR 944), which 
became effective on April 5, 2005, based on air quality monitoring data 
for calendar years 2001-03.
    On April 14, 2005, EPA promulgated a supplemental rule amending the 
agency's initial designations (70 FR 19844), with the same effective 
date (April 5, 2005) at 70 FR 944. As a result of this supplemental 
rule, PM2.5 nonattainment designations are in effect for 39 
areas, comprising 208 counties within 20 states (and the District of 
Columbia) nationwide, with a combined population of approximately 88 
million. The Huntington Area which is the subject of this rulemaking 
was included in the list of areas not attaining the 1997 
PM2.5 NAAQS. The West Virginia portion of the Huntington 
Area consists of Cabell and Wayne Counties and the Graham Tax District 
in Mason County.
    On September 7, 2011 (76 FR 55542), EPA determined that West 
Virginia had attained the 1997 PM2.5 NAAQS in the Huntington 
Area. That determination was based on complete, quality-assured, 
quality-controlled, and certified ambient air monitoring data for the 
2008-2010 three-year period that showed the area attained the 1997 
PM2.5 NAAQS and continues to attain the standard. The 
September 7, 2011 determination suspended the requirements for West 
Virginia to submit an attainment demonstration, associated reasonably 
available control measures, a reasonable further progress plan, 
contingency measures, and other planning SIP revisions related to 
attainment of the standard for so long as the nonattainment area 
continues to meet the 1997 PM2.5 NAAQS. Section 172(c)(3) of 
the CAA requires submission and approval of a comprehensive, accurate, 
and current inventory of actual emissions. This proposed approval is 
limited to the emissions inventory for the Huntington Area. Separate 
action will be taken on the remainder of West Virginia's SIP submittal.

II. Summary of SIP Revision

    The 2002 base year emission inventory submitted by WVDEP on May 28, 
2009 for the Huntington Area includes emissions estimates that cover 
the general source categories of point sources, non-road mobile 
sources, area sources, on-road mobile sources, and biogenic sources. 
The pollutants that comprise the inventory are nitrogen oxides 
(NOX), volatile organic compounds (VOCs), PM2.5, 
coarse particles (PM10), ammonia (NH3) and sulfur 
dioxide (SO2). EPA has reviewed the results, procedures and 
methodologies for the base year emissions inventory submitted by WVDEP. 
The year 2002 was selected by WVDEP as the base year for the emissions 
inventory per 40 CFR 51.1008(b). A discussion of the emissions 
inventory development as well as the emissions inventory for the 
Huntington Area can be found in Appendices C and D of the May 28, 2009 
SIP submittal.
    Table 1, below, provides a summary of the annual 2002 emissions of 
NOX, VOCs, PM2.5, PM10, NH3 
and SO2 for the West Virginia portion of the Huntington Area 
submittal.

                           Table 1--2002 Base Year Inventory--West Virginia Portion of Huntington Area in Tons per Year (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Source sector                             NH3             NOX            PM10            PM2.5            SO2             VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................               7          30,148             899             610          84,629             620
Area....................................................             273           1,240           8,111           1,779           2,018           6,344
Nonroad.................................................               1           6,552             299             277             356           1,792
Onroad..................................................             163           4,778             111              79             203           3,658

[[Page 60087]]

 
Biogenic................................................             N/A             155             N/A             N/A             N/A          20,869
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................             444          42,874           9,420           2,745          87,206          33,283
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The CAA section 172(c)(3) emissions inventory is developed by the 
incorporation of data from multiple sources. States were required to 
develop and submit to EPA a triennial emissions inventory according to 
the Consolidated Emissions Reporting Rule (CERR) for all source 
categories (i.e., point, area, nonroad mobile and on-road mobile). The 
review and evaluation of the methods used for the emissions inventory 
submitted by West Virginia are found in the Technical Support Document 
dated August 12, 2010, available online at www.regulations.gov, Docket 
No. EPA-R03-OAR-2012-0119. EPA finds that the process used to develop 
this emissions inventory for the Huntington Area is adequate to meet 
the requirements of CAA section 172(c)(3), the implementing 
regulations, and EPA guidance for emission inventories.

III. Proposed Action

    EPA is proposing to approve the 2002 base year emissions inventory 
portion of the SIP revision submitted by the State of West Virginia on 
May 28, 2009 for the Huntington Area. We have made the determination 
that this action is consistent with section 110 of the CAA. 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 the PM2.5 
2002 base year emissions inventory portion of the West Virginia SIP for 
the Huntington Area, 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, Nitrogen dioxide, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: September 13, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-24240 Filed 10-1-12; 8:45 am]
BILLING CODE 6560-50-P
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