Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Determination of Attainment and Redesignation of the
City of Weirton PM10 Nonattainment Area to Attainment and
Approval of the Maintenance Plan; Correction
[Federal Register: November 9, 2004 (Volume 69, Number 216)]
[Rules and Regulations]
[Page 64860-64861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no04-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R03-OAR-2004-WV-0001; FRL-7836-5]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Determination of Attainment and Redesignation of the
City of Weirton PM10 Nonattainment Area to Attainment and
Approval of the Maintenance Plan; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; correcting amendment.
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SUMMARY: This document corrects an omission in the preamble language of
a direct final rule pertaining to a determination of attainment and
redesignation of the City of Weirton PM10 Nonattainment Area
to attainment and approval of the maintenance plan submitted by the
State of West Virginia.
DATES: This document will be effective on December 27, 2004, unless EPA
receives adverse written comment by November 26, 2004. If EPA receives
such comments, it will publish a timely withdrawal of the direct final
rule in the Federal Register and inform the public that the rule will
not take effect. Please see EPA's direct final rule published on
October 27, 2004 (69 FR 62591), for instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, or by e-
mail at miller.linda@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever
[[Page 64861]]
``we,'' or ``our'' are used we mean EPA. On October 27, 2004, (69 FR
62591), we published a final rulemaking action announcing approval of a
determination of attainment and redesignation of the City of Weirton
PM10 Nonattainment our Area (the Weirton area) to attainment
and approval of the maintenance plan for the area. In the preamble of
this document, we inadvertently omitted language explaining why
PM10 motor vehicle emissions budgets, for purposes of
transportation conformity, not required to be part of the maintenance
plan for the area. Our intent was to explain that the ambient impact of
PM10 emissions from onroad motor vehicles was not and is not
significant as it has been and continues to be less than five percent
of the total PM10 ambient concentrations in the area.
Stationary (point) source emissions are responsible for the remaining
impacts. The May 24, 2004 submittal from West Virginia requesting
redesignation and approval of the maintenance plan (which is in the
docket for this final rule) includes a letter from EPA to the State of
West Virginia, dated April 26, 1995. In that letter, EPA agreed that
because the ambient impact of PM10 emissions from onroad
motor vehicles was less than five percent of the total PM10
ambient concentrations in the area, the impact of PM10
emissions from onroad motor vehicles was not responsible for
nonattainment. That letter also stated that for purposes of
transportation conformity no additional quantitative analyses for
transportation-related PM10 impacts were required for the
area. The May 24, 2004 submittal from West Virginia also includes
emission inventory data and information regarding the area's declining
population indicating a decrease in on road mobile emissions.
Although the docket for this final rule includes documentation that
the ambient impact of PM10 emissions from onroad motor
vehicles did not and do not significantly contribute to the total
PM10 ambient concentrations in the area, the preamble of
published final rule itself did not provide this information. This
action corrects that omission. In rule document 04-23945 published in
the Federal Register on October 27, 2004 (69 FR 62591), on page 62594
in the second column, under 2. Maintenance Demonstration the revised
preamble language is corrected to add a second paragraph to read--
``West Virginia's May 24, 2004 submittal includes documentation that
the ambient impact of PM10 emissions from onroad motor
vehicles was not and is not significant as it has been and continues to
be less than five percent of the total PM10 ambient
concentrations in the area. Stationary (point) source emissions are
responsible for the remaining impacts. The enforceable measures imposed
by West Virginia to reduce emissions from these point sources are the
basis of the Weirton area achieving the NAAQS for PM10.
Therefore, no motor vehicle emissions budgets for transportation
conformity purposes are required for the Weirton area's maintenance plan.''
Statutory and Executive Order Reviews
As this action merely provides supplemental text to the preamble of
the direct final rule published on October 27, 2004, please refer to
that direct final rule (69 FR 62591, 62595) for information regarding
applicable Statutory and Executive Order Reviews.
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 rule 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. This correction to
rule document 04-23945 is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Dated: November 3, 2004.
Donald S. Welsh,
Regional Administrator, EPA Region III.
[FR Doc. 04-24912 Filed 11-8-04; 8:45 am]
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