[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Proposed Rules]
[Page 63915-63917]
[DOCID:fr28oc08-22]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0694; FRL-8735-9]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of West Virginia. This revision
pertains to establishing ambient air quality standards for sulfur
oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide,
and lead equivalent to the national primary and secondary ambient air
quality standards. This action is being taken under the Clean Air Act
(CAA).

DATES: Written comments must be received on or before November 28,
2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-

R03-OAR-2008-0694 by one of the following methods:
    A. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2008-0694, Cristina Fernandez, Chief, Air
Quality Planning, Mailcode 3AP21, 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-
2008-0694. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any 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 http://
www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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
http://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 http://
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: Gobeail McKinley,<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On April 25, 2008, the West Virginia
Department of Environmental Protection submitted a revision to its
State Implementation Plan. The SIP revision restructures and
consolidates all of the West Virginia ambient air quality standards
into Rule 45CSR8 to be consistent with 40 CFR Part 50.

I. Summary of SIP Revision

    On April 25, 2008, the State of West Virginia submitted as a SIP
revision Rule 45CSR8--Ambient Air Quality Standards, which updates and
incorporates all six criteria pollutants to be equivalent to the NAAQS
in 40 CFR Part 50. The revision repeals rules 45CSR9--Ambient Air
Quality Standards for Carbon Monoxide and Ozone, and 45CSR12--Ambient
Air Quality Standard for Nitrogen Dioxide, and moves these ambient air
quality standards into Rule 45CSR8.
    The revision includes a correction of the sulfur dioxide annual
primary standard from 0.003 to 0.030 ppm; removes the annual
PM10 standard, and incorporates the annual PM2.5
standard, the 24-hour PM2.5 standard of 35 [mu]g/
m3, the primary and secondary standards for lead, and the
primary and secondary 1-hour and 8-hour ozone standards. The SIP
revision includes the revocation of the 1-hour ozone standard except
for Berkeley and Jefferson Counties and it identifies the 1-hour ozone
maintenance areas. The SIP revision also adds new reference conditions
for PM2.5 and measurement methods for PM2.5 and
lead.

II. Proposed Action

    EPA is proposing to approve the West Virginia SIP revision for
establishing ambient air quality standards for sulfur oxides,
particulate matter, carbon monoxide, ozone, nitrogen dioxide, and lead.
EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Clean Air Act; 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, establishing ambient air quality
standards in West Virginia, 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, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

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

    Dated: October 20, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E8-25655 Filed 10-27-08; 8:45 am]

BILLING CODE 6560-50-P