Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Approval of the Redesignation Requests and the Associated Maintenance Plans of the Charleston Nonattainment Area for the 1997 Annual and the 2006 24-Hour Fine Particulate Matter Standards, 17884-17886 [2014-06955]
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17884
Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. Section 52.120 is amended by
adding paragraph (c)(157)(i)(A)(11) to
read as follows:
■
§ 52.120
Identification of plan.
*
*
*
*
*
(c) * * *
(157) * * *
(i) * * *
(A) * * *
(11) Arizona Department of
Environmental Quality, Air Quality
Division, Dust Action General Permit,
including attachments A, B, and C,
issued December 30, 2011.
*
*
*
*
*
[FR Doc. 2014–07118 Filed 3–28–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2013–0090; FRL–9908–88–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Approval of the
Redesignation Requests and the
Associated Maintenance Plans of the
Charleston Nonattainment Area for the
1997 Annual and the 2006 24-Hour Fine
Particulate Matter Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
emcdonald on DSK67QTVN1PROD with RULES
I. Background
The Environmental Protection
Agency (EPA) is approving the State of
West Virginia’s requests to redesignate
to attainment the Charleston
nonattainment area (hereafter ‘‘the
Charleston Area’’ or ‘‘the Area’’) for both
the 1997 annual and the 2006 24-hour
fine particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS or standards). EPA is also
approving as a revision to the West
Virginia State Implementation Plan
(SIP), the associated maintenance plans
to show maintenance of the 1997 annual
and the 2006 24-hour PM2.5 NAAQS
through 2025 for the Area. West
Virginia’s maintenance plans include
insignificance findings for the mobile
source contribution of PM2.5 and
SUMMARY:
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nitrogen oxides (NOX) emissions to the
Area for both the 1997 annual and 2006
24-hour PM2.5 standards, which EPA
agrees with and is approving for
transportation conformity purposes. In
addition, EPA is approving the 2008
emissions inventory for the Area for the
2006 24-hour PM2.5 NAAQS. These
actions are being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on
April 30, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2013–0090. All
documents in the docket are listed in
the 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
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by email at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
On December 6, 2012, the West
Virginia Department of Environmental
Protection (WVDEP) formally submitted
a request to redesignate the Charleston
Area from nonattainment to attainment
for the 1997 annual and the 2006 24hour PM2.5 NAAQS. Concurrently,
WVDEP submitted maintenance plans
as SIP revisions to ensure continued
attainment of the standards throughout
the Area over the next 10 years. The
December 6, 2012 submittal also
includes a 2008 comprehensive
emissions inventory for PM2.5, sulfur
dioxide (SO2) and NOX for the 2006 24hour PM2.5 NAAQS, which WVDEP
supplemented on June 24, 2013 to
include emissions of volatile organic
compounds (VOC) and ammonia (NH3).
The Charleston Area is comprised of
Kanawha and Putnam Counties.
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
On January 24, 2014 (79 FR 4121),
EPA published a notice of proposed
rulemaking (NPR) for the State of West
Virginia. In the NPR, EPA proposed
approval of West Virginia’s
redesignation requests for the
Charleston Area for the 1997 annual and
2006 24-hour PM2.5 NAAQS. EPA also
proposed approval of the associated
maintenance plans as SIP revisions for
the 1997 annual and 2006 24-hour PM2.5
standards, which included
insignificance determinations for PM2.5
and NOX for both standards for
purposes of transportation conformity.
Also, EPA proposed approval of the
2008 comprehensive emissions
inventory for the 2006 24-hour PM2.5
standard to meet the requirement of
section 172(c)(3) of the CAA. EPA
proposed to find that the Area continues
to attain both standards.
In the NPR, EPA addressed the effects
of two decisions of the United States
Court of Appeals for the District of
Columbia (D.C. Circuit Court): The D.C.
Circuit Court’s August 21, 2012 decision
to vacate and remand to EPA the CrossState Air Pollution Control Rule
(CSAPR); and the D.C. Circuit Court’s
January 4, 2013 decision to remand to
EPA two final rules implementing the
1997 annual PM2.5 standard. Specific
details of West Virginia’s submittals and
the rationale for EPA’s proposed actions
are explained in the NPR and will not
be restated here. No public comments
were received on the NPR.
II. Final Action
EPA is taking final actions on the
redesignation requests and SIP revisions
for the Charleston Area submitted by the
State of West Virginia on December 6,
2012 for the 1997 annual and 2006 24hour PM2.5 NAAQS. First, EPA is
approving West Virginia’s redesignation
requests for the Charleston Area for the
1997 annual and 2006 24-hour PM2.5
NAAQS, because EPA has determined
that the requests meet the redesignation
criteria set forth in section 107(d)(3)(E)
of the CAA for these NAAQS. Second,
EPA is finding that the Charleston Area
is attaining and will continue to attain
both the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Third, EPA is approving
the associated maintenance plans for the
Area as revisions to the West Virginia
SIP for the 1997 annual and 2006 24hour PM2.5 NAAQS because they meet
the requirements of section 175A of the
CAA. EPA is also approving for both
standards West Virginia’s transportation
conformity insignificant determinations
for PM2.5 and NOX emissions for the
Area. Finally, EPA is approving the
2008 comprehensive emissions
inventory for the Area for the 2006 24-
E:\FR\FM\31MRR1.SGM
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Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations
hour PM2.5 NAAQS as a revision to the
West Virginia SIP because it meets the
requirements of section 172(c)(3) of the
CAA. Approval of these redesignation
requests will change the official
designations of the Charleston Area
from nonattainment to attainment for
the 1997 annual and the 2006 24-hour
PM2.5 NAAQS.
III. Statutory and Executive Order
Reviews
A. General Requirements
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 approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the 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.
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 May 30, 2014. 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
emcdonald on DSK67QTVN1PROD with RULES
Name of non-regulatory SIP
revision
Applicable
geographic area
State submittal
date
*
*
1997 Annual and 2006 24-Hour
PM2.5 Maintenance Plan for the
Charleston Area.
*
Kanawha and
Putnam Counties.
12/6/12
6/24/13
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Fmt 4700
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
approving the redesignation requests,
the maintenance plans, the
comprehensive emissions inventory and
transportation conformity insignificance
determination for the Charleston Area
for the 1997 annual and the 2006 24hour PM2.5 NAAQS, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 13, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMEMTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(e) is amended by adding an entry for
the 1997 Annual and the 2006 24-Hour
PM2.5 Maintenance Plan for the
Charleston Area at the end of the table
to read as follows:
■
§ 52.2520
*
Identification of plan.
*
*
(e) * * *
EPA approval date
*
*
3/31/14 [Insert page number
where the document begins].
Sfmt 4700
17885
E:\FR\FM\31MRR1.SGM
*
*
Additional explanation
*
*
See § 52.2526(j) and § 52.2531(g).
31MRR1
17886
Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations
3. Section 52.2526 is amended by
adding paragraph (j) to read as follows:
(g) EPA approves as a revision to the
West Virginia State Implementation
Plan the comprehensive emissions
inventory for the Charleston fine
particulate matter (PM2.5) nonattainment
area submitted by the West Virginia
Department of Environmental Protection
on December 6, 2012 and June 24, 2013.
The emissions inventory includes
emissions estimates that cover the
general source categories of point
sources, nonroad mobile sources, area
sources, onroad mobile sources and
biogenic sources. The pollutants that
comprise the inventory are nitrogen
oxides (NOX), volatile organic
compounds (VOC), PM2.5, ammonia
(NH3), and sulfur dioxide (SO2).
■
§ 52.2526
matter.
Control strategy: Particular
*
*
*
*
*
(j) EPA approves the maintenance
plan for the Charleston PM2.5
Nonattainment Area (Kanawha and
Putnam Counties). The maintenance
plan establishes a determination of
insignificance for PM2.5 and NOX for
transportation conformity purposes.
■ 4. Section 52.2531 is amended by
adding paragraph (g) to read as follows:
§ 52.2531
Base year emissions inventory.
*
*
*
*
*
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
5. The authority citation for Part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
6. In § 81.349, the tables for West
Virginia—PM2.5 (Annual NAAQS) and
West Virginia—PM2.5 (24-hour NAAQS)
are amended by revising the entries for
the Charleston Area to read as follows:
■
§ 81.349
*
West Virginia.
*
*
*
*
WEST VIRGINIA—PM2.5
[Annual NAAQS]
Designation a
Designated area
Date 1
*
*
*
*
*
Charleston, WV:
Kanawha County ....................................................................................................................................
Putnam County .......................................................................................................................................
*
*
*
*
Type
*
*
3/31/14
3/31/14
*
Attainment
Attainment
*
*
a Includes
1 This
Indian County located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
WEST VIRGINIA—PM2.5
[24-hour NAAQS]
Designation for the 1997 NAAQS a
Designation for the 2006 NAAQS a
Designated area
Date 1
*
*
Charleston, WV:
Kanawha County ..............
Putnam County ................
*
*
Date 2
Type
*
*
*
Unclassifiable/Attainment ...............
Unclassifiable/Attainment ...............
*
Type
*
*
3/31/14
3/31/14
*
Attainment
Attainment
*
*
*
a Includes
Indian County located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is 30 days after November 13, 2009, unless otherwise noted.
*
*
*
*
*
[FR Doc. 2014–06955 Filed 3–28–14; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 62
emcdonald on DSK67QTVN1PROD with RULES
[EPA–R03–OAR–2013–0164; FRL–9908–89–
Region–3]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants;
Commonwealth of Virginia; Control of
Emissions From Existing Sewage
Sludge Incineration Units
The Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving a section
111(d)/129 plan submitted by the
Commonwealth of Virginia for sewage
sludge incineration (SSI) units. The
section 111(d)/129 plan contains a state
rule for existing SSI units that was
submitted as a result of the March 21,
2011, promulgation of Federal new
source performance standards (NSPS)
and emission guidelines for SSI units.
This action is being taken under
sections 111(d) and 129 of the Clean Air
Act (CAA).
SUMMARY:
E:\FR\FM\31MRR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17884-17886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06955]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2013-0090; FRL-9908-88-Region-3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Approval of the Redesignation Requests and the
Associated Maintenance Plans of the Charleston Nonattainment Area for
the 1997 Annual and the 2006 24-Hour Fine Particulate Matter Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
State of West Virginia's requests to redesignate to attainment the
Charleston nonattainment area (hereafter ``the Charleston Area'' or
``the Area'') for both the 1997 annual and the 2006 24-hour fine
particulate matter (PM2.5) National Ambient Air Quality
Standards (NAAQS or standards). EPA is also approving as a revision to
the West Virginia State Implementation Plan (SIP), the associated
maintenance plans to show maintenance of the 1997 annual and the 2006
24-hour PM2.5 NAAQS through 2025 for the Area. West
Virginia's maintenance plans include insignificance findings for the
mobile source contribution of PM2.5 and nitrogen oxides
(NOX) emissions to the Area for both the 1997 annual and
2006 24-hour PM2.5 standards, which EPA agrees with and is
approving for transportation conformity purposes. In addition, EPA is
approving the 2008 emissions inventory for the Area for the 2006 24-
hour PM2.5 NAAQS. These actions are being taken under the
Clean Air Act (CAA).
DATES: This final rule is effective on April 30, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0090. All documents in the docket are listed in
the 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 www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street SE.,
Charleston, West Virginia 25304.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by
email at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 6, 2012, the West Virginia Department of Environmental
Protection (WVDEP) formally submitted a request to redesignate the
Charleston Area from nonattainment to attainment for the 1997 annual
and the 2006 24-hour PM2.5 NAAQS. Concurrently, WVDEP
submitted maintenance plans as SIP revisions to ensure continued
attainment of the standards throughout the Area over the next 10 years.
The December 6, 2012 submittal also includes a 2008 comprehensive
emissions inventory for PM2.5, sulfur dioxide
(SO2) and NOX for the 2006 24-hour
PM2.5 NAAQS, which WVDEP supplemented on June 24, 2013 to
include emissions of volatile organic compounds (VOC) and ammonia
(NH3). The Charleston Area is comprised of Kanawha and
Putnam Counties.
On January 24, 2014 (79 FR 4121), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. In the NPR,
EPA proposed approval of West Virginia's redesignation requests for the
Charleston Area for the 1997 annual and 2006 24-hour PM2.5
NAAQS. EPA also proposed approval of the associated maintenance plans
as SIP revisions for the 1997 annual and 2006 24-hour PM2.5
standards, which included insignificance determinations for
PM2.5 and NOX for both standards for purposes of
transportation conformity. Also, EPA proposed approval of the 2008
comprehensive emissions inventory for the 2006 24-hour PM2.5
standard to meet the requirement of section 172(c)(3) of the CAA. EPA
proposed to find that the Area continues to attain both standards.
In the NPR, EPA addressed the effects of two decisions of the
United States Court of Appeals for the District of Columbia (D.C.
Circuit Court): The D.C. Circuit Court's August 21, 2012 decision to
vacate and remand to EPA the Cross-State Air Pollution Control Rule
(CSAPR); and the D.C. Circuit Court's January 4, 2013 decision to
remand to EPA two final rules implementing the 1997 annual
PM2.5 standard. Specific details of West Virginia's
submittals and the rationale for EPA's proposed actions are explained
in the NPR and will not be restated here. No public comments were
received on the NPR.
II. Final Action
EPA is taking final actions on the redesignation requests and SIP
revisions for the Charleston Area submitted by the State of West
Virginia on December 6, 2012 for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. First, EPA is approving West Virginia's
redesignation requests for the Charleston Area for the 1997 annual and
2006 24-hour PM2.5 NAAQS, because EPA has determined that
the requests meet the redesignation criteria set forth in section
107(d)(3)(E) of the CAA for these NAAQS. Second, EPA is finding that
the Charleston Area is attaining and will continue to attain both the
1997 annual and 2006 24-hour PM2.5 NAAQS. Third, EPA is
approving the associated maintenance plans for the Area as revisions to
the West Virginia SIP for the 1997 annual and 2006 24-hour
PM2.5 NAAQS because they meet the requirements of section
175A of the CAA. EPA is also approving for both standards West
Virginia's transportation conformity insignificant determinations for
PM2.5 and NOX emissions for the Area. Finally,
EPA is approving the 2008 comprehensive emissions inventory for the
Area for the 2006 24-
[[Page 17885]]
hour PM2.5 NAAQS as a revision to the West Virginia SIP
because it meets the requirements of section 172(c)(3) of the CAA.
Approval of these redesignation requests will change the official
designations of the Charleston Area from nonattainment to attainment
for the 1997 annual and the 2006 24-hour PM2.5 NAAQS.
III. Statutory and Executive Order Reviews
A. General Requirements
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 approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the 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. 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 May 30, 2014. 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 approving the redesignation requests, the
maintenance plans, the comprehensive emissions inventory and
transportation conformity insignificance determination for the
Charleston Area for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS, may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 13, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMEMTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. In Sec. 52.2520, the table in paragraph (e) is amended by adding an
entry for the 1997 Annual and the 2006 24-Hour PM2.5
Maintenance Plan for the Charleston Area at the end of the table to
read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 Annual and 2006 24-Hour Kanawha and Putnam 12/6/12 3/31/14 [Insert See Sec.
PM2.5 Maintenance Plan for the Counties. 6/24/13 page number where 52.2526(j) and
Charleston Area. the document Sec. 52.2531(g).
begins].
----------------------------------------------------------------------------------------------------------------
[[Page 17886]]
0
3. Section 52.2526 is amended by adding paragraph (j) to read as
follows:
Sec. 52.2526 Control strategy: Particular matter.
* * * * *
(j) EPA approves the maintenance plan for the Charleston
PM2.5 Nonattainment Area (Kanawha and Putnam Counties). The
maintenance plan establishes a determination of insignificance for
PM2.5 and NOX for transportation conformity
purposes.
0
4. Section 52.2531 is amended by adding paragraph (g) to read as
follows:
Sec. 52.2531 Base year emissions inventory.
* * * * *
(g) EPA approves as a revision to the West Virginia State
Implementation Plan the comprehensive emissions inventory for the
Charleston fine particulate matter (PM2.5) nonattainment
area submitted by the West Virginia Department of Environmental
Protection on December 6, 2012 and June 24, 2013. The emissions
inventory includes emissions estimates that cover the general source
categories of point sources, nonroad mobile sources, area sources,
onroad mobile sources and biogenic sources. The pollutants that
comprise the inventory are nitrogen oxides (NOX), volatile
organic compounds (VOC), PM2.5, ammonia (NH3),
and sulfur dioxide (SO2).
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
5. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
6. In Sec. 81.349, the tables for West Virginia--PM2.5
(Annual NAAQS) and West Virginia--PM2.5 (24-hour NAAQS) are
amended by revising the entries for the Charleston Area to read as
follows:
Sec. 81.349 West Virginia.
* * * * *
West Virginia--PM2.5
[Annual NAAQS]
------------------------------------------------------------------------
Designation \a\
Designated area ----------------------------------------
Date \1\ Type
------------------------------------------------------------------------
* * * * * * *
Charleston, WV:
Kanawha County............. 3/31/14 Attainment
Putnam County.............. 3/31/14 Attainment
* * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except as
otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
West Virginia--PM2.5
[24-hour NAAQS]
----------------------------------------------------------------------------------------------------------------
Designation for the 1997 NAAQS \a\ Designation for the 2006 NAAQS \a\
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Charleston, WV:
Kanawha County................ Unclassifiable/ 3/31/14 Attainment
Attainment.
Putnam County................. Unclassifiable/ 3/31/14 Attainment
Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.
* * * * *
[FR Doc. 2014-06955 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P
