[Federal Register: August 27, 2003 (Volume 68, Number 166)]
[Rules and Regulations]
[Page 51459-51465]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au03-12]
[[Page 51459]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[WV061-6031a; FRL-7549-1]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Redesignation of the Follansbee PM10
Nonattainment Area To Attainment and Approval of the Associated
Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a request from
the State of West Virginia to redesignate the Follansbee area of Brooke
County, West Virginia (Follansbee area) from nonattainment to
attainment for the national ambient air quality standards (NAAQS) for
particulate matter with an aerodynamic diameter less than or equal to a
nominal 10 microns (PM10). EPA is also approving the plan
for maintaining the PM10 standard in the Follansbee area and
contingency measures as revisions to the West Virginia State
Implementation Plan (SIP). Approval of the maintenance plan will put a
plan in place for maintaining the PM10 standard for the next
ten years in the Follansbee area. EPA is approving the redesignation
request, the maintenance plan and the contingency measures in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on October 27, 2003 without further
notice, unless EPA receives adverse written comment by September 26,
2003. 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.
ADDRESSES: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
Electronic comments should be sent either to morris.makeba@epa.gov or
to http://www.regulations.gov, which is an alternative method for
submitting electronic comments to EPA. To submit comments, please
follow the detailed instructions described in Part V of the
Supplementary Information section. Copies of the documents relevant to
this action are available 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;
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 1301 Constitution Avenue, NW., Room B108,
Washington, DC 20460; and West Virginia Department of Environmental
Protection, Division of Air Quality, 7012 MacCorkle Avenue, SE.,
Charleston, West Virginia 25304-2943.
FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by e-
mail at knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used we mean EPA.
Table of Contents
Introduction
I. Area Designated Nonattainment for PM10
II. Geographic Boundaries of the PM10 Nonattainment Area
III. Criteria for Redesignation
IV. Analysis of How the State Met the Criteria for Redesignation
A. Data Shows Attainment of the PM10 NAAQS in the
Follansbee Area
B. Fully Approved SIP Under Section 110(k) of the CAA
1. Section 110 Requirements
2. Part D Requirements
a. Subparts 1 and 4 of Part D--Sections 172(c) and 189(a)
Provisions
b. Subpart 1 of Part D--Section 176 Conformity Provisions
C. The Improvement in Air Quality is Due to Permanent and
Enforceable Measures
D. The Maintenance Plan Under Section 175A
1. Maintenance Plan Requirements
a. Emissions inventory
b. Maintenance demonstration
c. Commitment to continue monitoring air quality
d. Verification of continued attainment
e. Contingency plan
2. Commitment to Submit Subsequent Maintenance Plan Revisions
E. The Submittal Meets the Applicable Requirements of Section
110 and Part D
V. Final Action
VI. Statutory and Executive Order Reviews
A. General Requirements
B. Submission to Congress and the Comptroller General
C. Petitions for Judicial Review
Introduction
Under the CAA, EPA may redesignate areas to attainment if
sufficient data are available to warrant such changes and the area
meets the criteria contained in section 107(d)(3) of the Act. This
includes full approval of a maintenance plan for the area. EPA may
approve a maintenance plan which meets the requirements of section 175A
of the CAA. On May 12, 2003, the State of West Virginia submitted a
redesignation request and maintenance plan for the Follansbee
PM10 moderate nonattainment area. When approved, the section
175A maintenance plan will become a Federally enforceable part of the
West Virginia SIP for this area.
I. Area Designated Nonattainment for PM10
On November 15, 1990, the Clean Air Act (CAA) amendments were
enacted. Pursuant to section 107(d)(4)(B), the Follansbee area in
Brooke County, West Virginia was designated nonattainment by operation
of law. The nonattainment classification and designation of Follansbee
as a moderate PM10 area was codified in 40 CFR part 81 on
November 6, 1991 (56 FR 56848). Prior to enactment of the CAA
amendments this area along with a portion of Jefferson County, Ohio
near Steubenville was classified as a single Group I PM10
nonattainment area. Under the 1990 CAA amendments, these two adjacent
areas were each designated by operation of law as nonattainment areas.
Although the State of West Virginia and the State of Ohio worked
together to provide an attainment demonstration for both the
Follansbee, West Virginia nonattainment area and the Jefferson County,
Ohio nonattainment area, each area is treated separately for purposes
of redesignation. Specific information on the Jefferson County, Ohio
area's redesignation to attainment can be found in EPA's approval of
the State of Ohio's redesignation request and maintenance plan for
Jefferson County. (See December 11, 2000, 65 FR 77308).
II. Geographic Boundaries of the PM10 Nonattainment Area
The Follansbee PM10 nonattainment area in Brooke County,
West Virginia is bounded on the north by the Market Street Bridge, on
the east by West Virginia Route 2, on the south by the extension of the
southern boundary of Steubenville Township in Jefferson County, Ohio,
and on the west by the Ohio/West Virginia border.
The adjacent Jefferson County, Ohio area is bounded by Market
Street (State Route 43) from the West Virginia /Ohio border west to
Sunset Boulevard (U.S. Route 22), Sunset Boulevard west to the
Steubenville Township /Cross Creek Township boundary, the Township
boundary south to the Steubenville Corporation limit, the corporation
boundary east to State Route 7, State Route 7 South to the Steubenville
Township /Wells Township boundary, the Township boundary east to the
West Virginia Ohio border, and North on the border to Market Street.
[[Page 51460]]
III. Criteria for Redesignation
Section 107(d)(3)(E) of the CAA specifies five requirements that
must be met to redesignate an area from nonattainment to attainment as
follows:
1. The area has attained the applicable NAAQS;
2. The area has a fully approved SIP under section 110(k);
3. The air quality improvement is permanent and enforceable;
4. The area has a fully approved maintenance plan pursuant to
section 175A; and
5. The area has met all relevant requirements under section 110
and part D of the Act.
IV. Analysis of How the State Met the Criteria for Redesignation
The EPA has reviewed the redesignation request submitted by West
Virginia for the Follansbee nonattainment area and finds that the
request meets the five requirements of section 107(d)(3)(E).
A. Data Shows Attainment of the PM10 NAAQS in the Follansbee
Area
For purposes of assessing air quality, monitoring data in both West
Virginia and Ohio was reviewed. The monitor in Brooke County, West
Virginia has always been located outside the boundary of the
nonattainment area but is included in the review to provide an overall
picture of air quality in the area. Three monitors are currently
operating in the Jefferson County, Ohio area previously described in
section II entitled, Geographic Boundaries. The redesignation request
is based upon the three most recent years of quality-assured
PM10 air monitoring data (1999-2001) available during
preparation of the May 12, 2003 submittal. The PM10 NAAQS
includes both a daily and an annual standard. An area is attaining the
daily and annual NAAQS if there are no violations, as determined in
accordance with 40 CFR 50.6 and appendix K, based upon three complete
consecutive calendar years of quality assured monitoring data. The
daily standard is met if the expected frequency of values above 150 ug/
m\3\ is 1.0 or less. The data must be collected and quality assured in
accordance with 40 CFR part 58, and recorded in the Aerometric
Information Retrieval System (AIRS) now known as the Air Quality System
(AQS).
West Virginia's formal submittal included data from 1990 through
2002. This data shows that the area has not recorded any exceedances of
the daily NAAQS in the past decade. The formal redesignation request is
based upon data from 1999 through 2001. This data has been quality
assured and recorded in AQS. During the 1999 through 2001 time period,
there were no actual exceedances of the daily standard, and the average
number of expected exceedances is less than 1.0 for the same time
period. During 2002, no exceedances were recorded. Therefore, the area
has attained and continues to attain the daily NAAQS. During 1999
through 2002 the maximum annual average recorded at these sites was 35
ug/m3. As the annual standard is based on the average annual mean over
three years, the area has attained and continues to attain the annual
PM10 standard. Since the area has attained the daily and
annual NAAQS based upon the most recent three years of quality-assured
data available during preparation of the May 12, 2003 submittal, and
continues to attain the NAAQS, the first criterion of section
107(d)(3)(E) has been satisfied. West Virginia has committed to
continue monitoring in Brooke County in accordance with 40 CFR parts 53
and 58.
B. Fully Approved SIP Under Section 110(k) of the CAA
1. Section 110 Requirements
On November 15, 1991, West Virginia submitted an attainment plan to
EPA consisting of an attainment demonstration and control measures for
the Follansbee area. On July 25, 1994 (59 FR 37696) EPA took a limited
approval/limited disapproval action on the submittal. EPA fully
approved the control measures portion of the plan, but disapproved the
attainment demonstration and took no action on the contingency measures
with specific regard to section 172(c)(9) of the CAA. On November 22,
1995, West Virginia submitted a revised attainment demonstration, and
EPA approved that attainment demonstration on November 15, 1996 (61 FR
58481) but did not take action on the contingency measures. In this
rulemaking, EPA is approving the contingency measures submitted on
November 15, 1991 as fulfilling the requirements of section 172(c)(9).
Therefore, EPA fully approved all applicable requirements of section
110(a)(2)(I) of the Act, including all applicable requirements of part
D (relating to nonattainment), which were due prior to the time of the
redesignation request.
2. Part D Requirements
Part D of the CAA contains general provisions that apply to all
nonattainment plans and certain sections that apply to specific
pollutants. Before EPA may redesignate the Follansbee PM10
nonattainment area to attainment, the SIP must have fulfilled the
applicable requirements of part D. Under part D, an area's
classification indicates the requirements to which it is subject.
Subpart 1 of part D sets forth the basic nonattainment requirements
applicable to all nonattainment areas. EPA designated the Follansbee
area of Brooke County as a moderate PM10 nonattainment area
on November 6, 1991 (codified at 40 CFR 81.339). Therefore, to be
redesignated to attainment, the area must meet the applicable
requirements of subpart 1 of part D, specifically sections 172(c) and
176. Section 189(a) of subpart 4 of the CAA also must be met.
a. Subparts 1 and 4 of Part D--Sections 172(c) and 189(a) Provisions
Subpart 1 of part D addresses nonattainment areas in general and
subpart 4 addresses PM10 nonattainment areas specifically.
Except for contingency measures, all the relevant SIP elements required
under sections 172(c) and 189(a) including an emissions inventory,
Reasonably Available Control Measures (RACM); and an attainment
demonstration were approved by EPA on July 25, 1994 (59 FR 37696) and,
November 15, 1996 (61 FR 58481). Although contingency measures were
contained in consent orders that were fully approved and incorporated
into the West Virginia SIP by EPA on July 25, 1994 (59 FR 37696), our
approval did not specifically take action to approve them as
contingency measures pursuant to section 172(c)(9) at that time.
However, as the consent orders' requirements were made part of the
Federally approved SIP, if the area had not reached attainment, the
additional reductions from these measures would have been implemented.
Within 365 days of receiving notice that attainment had not been
achieved, the following sources would have implemented additional
PM10 emission reductions: Follansbee Steel would have
obtained additional PM10 actual reductions of 0.22 lbs/hr
and 0.96 tpy; Wheeling Pittsburgh Steel would have achieved additional
actual reductions of 6.5 lbs/hr and 28.5 tpy; International Mill
Services would have obtained actual reductions of 0.1 lbs/hr and 0.4
tpy; and Koppers Industries would add additional dust control on access
roads. Since the area did attain the standard, these measures were not
triggered. Given that the Follansbee area did attain the standard and
is being redesignated to attainment, it may be argued that the need for
EPA to approve these SIP-approved measures as contingency measures
specifically
[[Page 51461]]
pursuant to section 172(c)(9) is moot. Nonetheless, EPA is now
approving these measures as meeting the criteria of section 172(c)(9)
for contingency measures in order to be clear that the area has a full
approved plan for all applicable Part D requirements. The Federal
requirements for new source review (NSR) in nonattainment areas are
contained in section 172(c)(5). EPA guidance indicates the requirements
of the part D NSR program will be replaced by the prevention of
significant deterioration (PSD) program when an area has reached
attainment and been redesignated, provided there are assurances that
PSD will become fully effective immediately upon redesignation.
Regulations for the Prevention of Significant Deterioration of Air
Quality were approved into the West Virginia SIP on April 11, 1986 (51
FR 12518). Therefore, the PSD program will become fully effective in
the Follansbee area immediately upon redesignation.
b. Subpart 1 of Part D--Section 176 Conformity Provisions
The Follansbee area was not required to have a transportation
conformity budget for PM10. The most significant causes of
nonattainment in this area were emissions from steel and industrial
facilities in the area and not mobile source emissions. PM10
emissions from public roads contributed 5% or less to the ambient
impacts of PM10 in the Follansbee area. Because the
PM10 violations had been caused by stationary sources and
motor vehicles were not an important contributor to the nonattainment
problem, no additional quantitative analysis for transportation related
PM10 impacts are required for conformity purposes. While
section 176 provides that a State's conformity revisions must be
consistent with Federal Conformity regulations promulgated by EPA,
given the nature of the area's former nonattainment problem, it is
reasonable to interpret those conformity requirements as not applying
for purposes of evaluating the redesignation request.
C. The Improvement in Air Quality Due to Permanent and Enforceable
Measures
In order to redesignate an area, EPA must determine that the
improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP, applicable Federal air pollutant control regulations and other
permanent and enforceable reductions. The State's approved 1991
PM10 SIP for the Follansbee area identified the measures to
bring the area into attainment. These measures included emission
standards and operating restrictions for various sources of
PM10. The facilities that were required to implement
additional controls were Follansbee Steel Corporation, International
Mill Services, Koppers Industries, Standard Lafarge, Starvaggi
Industries Incorporated, and Wheeling Pittsburgh Steel Corporation. All
of these facilities received reduced allowable emission rates for
PM10. All of these sources except for Follansbee Steel
Corporation were required to implement new or improved dust control
measures. Both Follansbee Steel and Koppers Industries were required to
implement ``add-on'' control equipment to reduce process
PM10 emissions.
In addition to these emission reductions, other reductions have
occurred since the attainment demonstration inventory was prepared and
the modeled demonstration of attainment was performed. The sinter plant
at Wheeling Pittsburgh Steel shutdown in 1999 and operations at
International Mill Services have also shutdown. The additional emission
reductions resulting from these shutdowns are permanent and enforceable
given that any reactivation of these facilities would be subject to
applicable new source review requirements.
The May 12, 2003 redesignation request demonstrates that actual
enforceable emission reductions are responsible for the air quality
improvements in the Follansbee area. EPA finds that emission reductions
due to the control measures and emission limitations imposed by the
SIP-approved 1991 attainment plan and emission reductions due to
permanent and enforceable shutdowns have reduced the ambient
PM10 levels such that the Follansbee area attained the NAAQS
and continues to attain the NAAQS.
D. The Maintenance Plan Under Section 175A
Section 175A of the Act sets forth the necessary elements of a
maintenance plan needed for areas seeking redesignation from
nonattainment to attainment. The plan must demonstrate continued
attainment of the applicable NAAQS for at least 10 years after the EPA
approves a redesignation to attainment. Eight years after the
redesignation, West Virginia must submit a revised maintenance plan
which demonstrates attainment for the 10 years following the initial
10-year period. To address potential future NAAQS violations, the
maintenance plan must contain contingency measures, with a schedule for
implementation adequate to assure prompt correction of any air quality
problems. Under section 175A(d), contingency provisions must include a
requirement that the State will implement all control measures that
were in the SIP prior to redesignation as an attainment area. EPA is
approving the maintenance plan for the Follansbee nonattainment area
because EPA finds that the submittal meets the requirements of section
175A. The details of the maintenance plan requirements and how the
submittal meets these requirements are detailed in the following
paragraphs. A maintenance plan must contain the following elements.
(1) An emissions inventory reflective of PM10 emissions
in the monitored attainment years;
(2) A maintenance demonstration which is expected to provide
adequate assurance of maintenance over the initial 10-year period;
(3) A commitment to continue monitoring in the area;
(4) A method for verifying continued attainment; and
(5) A contingency plan with specific indicators or triggers for
implementation of the plan.
1. Maintenance Plan Requirements
a. Emissions inventory
The maintenance plan indicates that the attainment inventory is the
emission inventory used to perform the modeling demonstration of
attainment and provides updates to that inventory for 2001 for sources
in the Follansbee nonattainment area. Emissions have declined somewhat
in the area due to the previously described shutdowns. Any future
increases in emissions and/or significant changes to the stack
configurations/parameters from those modeled in the attainment
demonstration due to new or modifying stationary sources would be
subject to new source review requirements including a demonstration
that the NAAQS is protected.
b. Maintenance demonstration
Steel and industrial facilities were the main cause of
nonattainment in the area. The attainment demonstration was based upon
allowable emission levels for stationary sources impacting the
nonattainment area. PM10 emissions from public on-road
sources did not play a significant role in nonattainment and their
impacts were less than 5% of the PM10 concentrations.
Therefore, no conformity budgets are required for Brooke County.
Population in the
[[Page 51462]]
incorporated area of Follansbee (which is larger than the nonattainment
area) has increased slightly since 1990 and may experience a minor
increase in population over the next ten years. However, population in
Brooke County has been decreasing since 1990 and is expected to
continue to decline over the next ten years. Manufacturing employment
in the metropolitan area which includes Follansbee has been decreasing
since 1994, and this decline in manufacturing is expected to continue
for the next 10 years. As a result of these factors, PM10
emissions are expected to remain at or below the emission levels used
to demonstrate attainment for the next 10 years. The area, therefore,
is expected to maintain the PM10 NAAQS for the next 10 years
as it has for the past 10 years. Moreover as noted previously, any
future increases in emissions and/or significant changes to the stack
configurations/parameters form those modeled in the attainment
demonstration due to new or modifying stationary sources would be
subject to new source review requirements including a demonstration
that the NAAQS is protected.
c. Commitment to continue monitoring air quality
The maintenance plan includes commitments to continue to operate
and maintain the monitor located in Follansbee, Brooke County in
accordance with 40 CFR parts 53 and 58. Information regarding the State
of Ohio's monitoring commitment can be found in EPA's notice approving
the maintenance plan for Jefferson County on December 11, 2000 (65 FR
77308).
d. Verification of continued attainment
In addition to reviewing ambient monitoring data in the Follansbee
area on annual basis to verify continued attainment, the State of West
Virginia will continue to examine the air quality impact of any major
new sources or modifications through its approved PSD program. New
minor sources will also be evaluated to assure maintenance of the area.
In addition the State will review their PM10 inventory every
three years.
e. Contingency plan
The maintenance plan contingency measures consist of control
measures on source material handling operations and/or potential fuel
switching at fuel burning units. The State will track air quality data
in the Follansbee area. Upon a determination that three exceedances of
the PM10 standard have occurred within a three-year period,
the State will notify subject companies that the potential for a
violation exists. The companies must then prepare detailed action plans
containing specific measures selected from the contingency measures for
implementation in the event of a violation. These plans must be
submitted to the West Virginia Department of Environmental Protection
(WVDEP) within 6 months of notification that the potential for a
violation exists, and the plan shall include an implementation timeline
such that the final milestone of the plan calls for implementation of
the measures no later than 18 months after the company is notified that
a violation has occurred. Within 6 months of a violation, the State
will enter into consent orders or a legislative rule to incorporate the
specific measures and compliance deadlines in the action plans and
these measures will be made federally enforceable.
2. Commitment To Submit Subsequent Maintenance Plan Revisions
A new maintenance plan must be submitted to EPA within eight years
of the redesignation of the nonattainment area, as required by section
175(A)(b). This subsequent maintenance plan must constitute a SIP
revision and provide for the maintenance of the PM10 NAAQS
for a period of 10 years after the expiration of the initial 10 year
maintenance period. The State commits to submit a SIP revision as
required by section 175(A)(b).
E. The Submittal Meets the Applicable Requirements of Section 110 and
Part D
General SIP elements are delineated in section 110(a)(2) of Title
I, part A. These requirements include but are not limited to the
following: submittal of a SIP that has been adopted by the state after
reasonable notice and public hearing, provisions for establishment and
operation of appropriate apparatus, methods, systems and procedures
necessary to monitor ambient air quality, implementation of a permit
program, provisions for part C, Prevention of Significant Deterioration
(PSD), and part D, New Source Review (NSR) permit programs, criteria
for stationary source emission control measures, monitoring and
reporting, and provisions for public and local agency participation.
For the purposes of redesignation, the West Virginia SIP was reviewed
to ensure that all requirements under the amended CAA were satisfied
through approved SIP provisions for the Follansbee nonattainment area.
EPA has concluded that the Commonwealth's SIP for the Follansbee
nonattainment area satisfies all of the section 110 SIP requirements of
the CAA and that all applicable requirements of part D have been
satisfied.
V. Final Action
EPA is approving West Virginia's request to redesignate the
Follansbee PM10 nonattainment area to attainment because the
State has complied with the requirements of section 107(d)(3)(E) of the
CAA. In addition, EPA is approving the West Virginia's maintenance plan
for the Follansbee area as a SIP revision because it meets the
requirements of section 175A. Lastly, we are approving the contingency
measures submitted in the November 15, 1991 submittal as meeting the
criteria of section 172(c)(9). EPA has prepared a Technical Support
Document (TSD) in support of this rulemaking. Copies are available upon
request, from the person identified in the FOR FUTHER INFORMATION
CONTACT section. EPA is publishing this rule without prior proposal
because the Agency views this as a noncontroversial amendment and
anticipates no adverse comments. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on October 27,
2003 without further notice unless EPA receives adverse comment by
September 26, 2003. If EPA receives adverse comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number WV061-6031a in the subject line on the first page
of your comment. Please ensure that your comments are submitted within
the specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
A. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you
[[Page 51463]]
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment. Also include this
contact information on the outside of any disk or CD ROM you submit,
and in any cover letter accompanying the disk or CD ROM. This ensures
that you can be identified as the submitter of the comment and allows
EPA to contact you in case EPA cannot read your comment due to
technical difficulties or needs further information on the substance of
your comment. EPA's policy is that EPA will not edit your comment, and
any identifying or contact information provided in the body of a
comment will be included as part of the comment that is placed in the
official public docket, and made available in EPA's electronic public
docket. 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.
1. E-mail. Comments may be sent by electronic mail (e-mail) to
morris.makeba@epa.gov, attention WV-061-6031a. EPA's e-mail system is
not an ``anonymous access'' system. If you send an e-mail comment
directly without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket, and made
available in EPA's electronic public docket.
2. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov
, then select ``Environmental Protection Agency'' at
the top of the page and use the ``go'' button. The list of current EPA
actions available for comment will be listed. Please follow the online
instructions for submitting comments. The system is an ``anonymous
access'' system, which means EPA will not know your identity, e-mail
address, or other contact information unless you provide it in the body
of your comment.
3. Disk or CD ROM. You may submit comments on a disk or CD ROM that
you mail to the mailing address identified in the ADDRESSES section of
this document. These electronic submissions will be accepted in
WordPerfect, Word or ASCII file format. Avoid the use of special
characters and any form of encryption.
B. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document. For
public commenters, it is important to note that EPA's policy is that
public comments, whether submitted electronically or in paper, will be
made available for public viewing at the EPA Regional Office, as EPA
receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
Submittal of CBI Comments
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
Considerations When Preparing Comments to EPA
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line
on the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to
your comments.
VI. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
From Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997),
[[Page 51464]]
because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 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 rule 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 27, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, redesignating the Follansbee, Brooke
County, West Virginia PM10 area to attainment and approval
of the area's maintenance plan and contingency measures, 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, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: August 18, 2003.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR Parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. Section 52.2520 is amended by adding paragraph (c)(54) to read as
follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
(54) The PM10 Redesignation and Maintenance Plan for the
Follansbee, West Virginia nonattainment area submitted by the West
Virginia Department of Environmental Protection on May 12, 2003.
(i) Incorporation by reference.
(A) Letter of May 12, 2003 from the West Virginia Department of
Environmental Protection transmitting the redesignation request and
maintenance plan for the PM10 nonattainment area in the
Follansbee area of Brooke County.
(B) Maintenance Plan for the Follansbee PM10
nonattainment area, effective April 28, 2003.
(ii) Additional Material.--Remainder of the May 12, 2003 State
submittal pertaining to the revisions listed in paragraph (c)(54)(i) of
this section.
Sec. 52.2522 [Amended]
0
3. In Sec. 52.2522 (Approval status), paragraph (d) is removed and
reserved.
0
4. Section 52.2526 is added to read as follows:
Sec. 52.2526 Control strategy: Particulate matter.
EPA approves West Virginia's November 15, 1991 SIP submittal for
fulfilling the PM10-specific requirement of part D for
contingency measures required under section 172(c)(9) of the Clean Air
Act applicable to the Follansbee, West Virginia PM10
nonattainment area.
PART 81--[AMENDED]
Subpart C--Section 107 Attainment Status Designations
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.349, the table for ``West Virginia--PM10'' is
amended by revising the entry for the Follansbee Area of Brooke County
to read as follows:
Sec. 81.349 West Virginia.
* * * * *
West Virginia--PM10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area --------------------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Brooke
Follansbee area bounded on October 27, 2003... Attainment........
the north by the Market
Street Bridge, on the east
by West Virginia Route 2,
on the south by the
extension of the southern
boundary of Steubenville
Township in Jefferson
County, Ohio, and on the
west by the Ohio/West
Virginia border.
* * * * * * *
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[[Page 51465]]
* * * * *
[FR Doc. 03-21910 Filed 8-26-03; 8:45 am]
BILLING CODE 6560-50-P