Approval and Promulgation of Air Quality Implementation Plans; West Virginia; The 2002 Base Year Inventory for the Charleston Area, 60094-60096 [2012-24242]
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60094
Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules
Philadelphia Area as required under
section 175A of the CAA, nor would it
involve finding that the Area has met all
other requirements for redesignation
under the CAA, including that the
attainment be due to permanent and
enforceable emission reductions.5 Even
if EPA finalizes the proposed action, the
designation status of the Philadelphia
Area would remain nonattainment for
the 2006 24-hour PM2.5 NAAQS until
such time as EPA determines that the
Area meets the CAA requirements for
redesignation to attainment and takes
action to redesignate the Philadelphia
Area.
The action described is a proposed
determination regarding the
Philadelphia Area’s attainment only
with respect to the 2006 24-hour PM2.5
NAAQS. Today’s action does not
address the 1997 annual or 24-hour
PM2.5 standards. 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
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
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.);
5 The monitoring data from the 2008–2010 and
2009–2011 monitoring periods that are relied on in
this notice may be impacted by reductions
associated with the Clean Air Interstate Rule
(CAIR), which is in place only temporarily as it was
remanded to EPA in 2008. See North Carolina v.
EPA, 531 F.3d 896, as modified on reh’g, 550 F.3d
1176 (D.C. Cir. 2008). Nonetheless, because this
determination addresses only whether the
monitoring data shows attainment, at this time EPA
need not address whether such attainment was due
to the remanded and thus not permanent CAIR.
VerDate Mar<15>2010
14:57 Oct 01, 2012
Jkt 229001
• 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
determination of attainment of the
Philadelphia Area with respect to the
2006 24-hour PM2.5 NAAQS does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the
determination 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, Particulate matter,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 23, 2012.
W.C. Early,
Regional Administrator, Region III.
Dated: September 10, 2012.
Judith A. Enck,
Regional Administrator, Region II.
[FR Doc. 2012–24246 Filed 10–1–12; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0422; FRL–9735–9]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; The 2002 Base Year Inventory
for the Charleston 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 (WV), through the
West Virginia Department of
Environmental Protection (WVDEP), on
November 4, 2009 for the Charleston,
WV nonattainment area (hereafter
referred to as the Charleston Area or
Area). The emissions inventory is part
of the West Virginia November 4, 2009
SIP revision that was submitted to meet
nonattainment requirements related to
the Charleston 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 Charleston
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–2012–0422 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–
0422. 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
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 65 mg/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 Charleston Area, which is the
subject of this rulemaking, was included
in the list of areas not attaining the 1997
PM2.5 NAAQS. The Charleston Area
consists of Kanawha and Putnam
Counties in West Virginia.
On October 11, 2011 (76 FR 62640),
EPA determined that West Virginia had
attained the 1997 PM2.5 NAAQS in the
60095
Charleston Area. That determination
was based on complete, quality-assured,
quality-controlled, and certified ambient
air monitoring data for the 2007–2009
three-year period that showed the area
attained the 1997 PM2.5 NAAQS and
continues to attain the standard. The
October 11, 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 Charleston
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
November 4, 2009 for the Charleston
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
Charleston Area can be found in
Appendices C and D of the November 4,
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
Charleston Area submittal.
TABLE 1—SUMMARY OF 2002 BASELINE EMISSIONS INVENTORY FOR THE CHARLESTON 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
25
70
1
312
PO 00000
Frm 00039
PM10
60,138
1,614
3,957
10,213
Fmt 4702
Sfmt 4702
PM2.5
1,134
10,039
229
233
E:\FR\FM\02OCP1.SGM
632
2,396
213
632
02OCP1
SO2
130,109
2,486
239
411
VOC
3,292
9,209
2,828
7,073
60096
Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules
TABLE 1—SUMMARY OF 2002 BASELINE EMISSIONS INVENTORY FOR THE CHARLESTON AREA IN TONS PER YEAR (TPY)—
Continued
Source sector
NH3
NOX
PM10
PM2.5
SO2
VOC
Biogenic ...................................................
N/A
N/A
N/A
N/A
N/A
N/A
Total ..................................................
407
76,016
11,635
3,410
133,245
40,702
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–2012–0422.
EPA finds that the process used to
develop this emissions inventory for the
Charleston 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 November 4, 2009
for the Charleston 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 Charleston 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 00040
Fmt 4702
Sfmt 4702
Dated: September 13, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–24242 Filed 10–1–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 8
[Docket No. USCG–2012–0861]
RIN 1625–AB90
Adding International Energy Efficiency
(IEE) Certificate to List of Certificates
a Recognized Classification Society
May Issue
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend its Vessel Inspection
Alternatives regulations to add the
International Energy Efficiency (IEE)
Certificate to the list of certificates that
a recognized classification society may
issue on behalf of the Coast Guard. We
make this proposal because Annex VI of
the International Convention for the
Prevention of Pollution by Ships, 1973,
as modified by the Protocol of 1978, has
been amended to address energy
efficiency for ships, and these
amendments call for the issuance of IEE
Certificates starting January 1, 2013.
This proposed rule would enable
recognized classification societies to
apply to the Coast Guard to issue IEE
Certificates to vessel owners and help to
ensure that the demand for IEE
Certificates is met.
DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before November 1, 2012 or reach
the Docket Management Facility by that
date.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0861 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Proposed Rules]
[Pages 60094-60096]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24242]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0422; FRL-9735-9]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; The 2002 Base Year Inventory for the Charleston 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 (WV), through the West Virginia Department of
Environmental Protection (WVDEP), on November 4, 2009 for the
Charleston, WV nonattainment area (hereafter referred to as the
Charleston Area or Area). The emissions inventory is part of the West
Virginia November 4, 2009 SIP revision that was submitted to meet
nonattainment requirements related to the Charleston 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 Charleston 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-2012-0422 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-
2012-0422. 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 60095]]
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 ([micro]g/m\3\) based on a 3-year average of
annual mean PM2.5 concentrations, and a 24-hour (or daily)
standard of 65 [micro]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 Charleston Area, which is the subject of this rulemaking,
was included in the list of areas not attaining the 1997
PM2.5 NAAQS. The Charleston Area consists of Kanawha and
Putnam Counties in West Virginia.
On October 11, 2011 (76 FR 62640), EPA determined that West
Virginia had attained the 1997 PM2.5 NAAQS in the Charleston
Area. That determination was based on complete, quality-assured,
quality-controlled, and certified ambient air monitoring data for the
2007-2009 three-year period that showed the area attained the 1997
PM2.5 NAAQS and continues to attain the standard. The
October 11, 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 Charleston 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
November 4, 2009 for the Charleston 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
Charleston Area can be found in Appendices C and D of the November 4,
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 Charleston Area submittal.
Table 1--Summary of 2002 Baseline Emissions Inventory for the Charleston Area in Tons per Year (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source sector NH3 NOX PM10 PM2.5 SO2 VOC
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Point................................................... 25 60,138 1,134 632 130,109 3,292
Area.................................................... 70 1,614 10,039 2,396 2,486 9,209
Nonroad................................................. 1 3,957 229 213 239 2,828
Onroad.................................................. 312 10,213 233 632 411 7,073
[[Page 60096]]
Biogenic................................................ N/A N/A N/A N/A N/A N/A
-----------------------------------------------------------------------------------------------
Total............................................... 407 76,016 11,635 3,410 133,245 40,702
--------------------------------------------------------------------------------------------------------------------------------------------------------
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-2012-0422. EPA finds that the process used to develop
this emissions inventory for the Charleston 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
November 4, 2009 for the Charleston 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 Charleston 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. 2012-24242 Filed 10-1-12; 8:45 am]
BILLING CODE 6560-50-P
