[Federal Register: October 30, 2008 (Volume 73, Number 211)]
[Rules and Regulations]
[Page 64548-64551]
[DOCID:fr30oc08-6]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0746; FRL-8735-7]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Revised Motor Vehicle Emission Budgets for the
Parkersburg 8-Hour Ozone Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
West Virginia State Implementation Plan (SIP). The revision amends the
8-hour ozone maintenance plan for the Parkersburg area. This revision
amends the maintenance plans' 2009 and 2018 motor vehicle emissions
budgets (MVEBs) by reallocating a portion of the plans' safety margins,
which results in an increase in the MVEBs. The revised plan continues
to demonstrate maintenance of the 8-hour national ambient air quality
standard (NAAQS) for ozone. EPA is approving this SIP revision to the
West Virginia maintenance plan for Parkersburg in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 29, 2008 without further
notice, unless EPA receives adverse written comment by December 1,
2008. 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: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0746 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2008-0746, Carol Febbo, Chief, Energy,
Radiation and Indoor Environment Branch, Mailcode 3AP23, 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-
2008-0746. 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 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 e-mail.
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 e-
mail comment directly to EPA without going through 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
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: Megan Goold<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On May 8, 2007 (72 FR 25967) EPA redesignated the Parkersburg area
of West Virginia to attainment for the 8-hour ozone NAAQS. For the
Parkersburg area, the redesignation included approval of an 8-hour
ozone maintenance plan, identifying on-road MVEBs for VOCs and
NOX, which are ozone precursors, used for transportation
planning and conformity purposes. Subsequently, after the SIP approval
by EPA, West Virginia discovered that the MVEBs which were included in
the previously approved maintenance plan did not provide a sufficient
buffer to account for unforseen future growth or significant changes in
the planning assumption data which was used in developing the original
MVEBs in its September 2006 submission.

II. Summary of SIP Revision

2009 and 2018 Motor Vehicle Emission Budgets

    On August 25, 2008, the State of West Virginia submitted to EPA a
formal revision to its State Implementation Plan (SIP). The SIP
revision proposes new MVEBs to reflect the reallocation of a portion of
the differences (``safety margins'') between the total base year and
total projected 2009 and 2018 emissions, thus producing an increase in
the MVEBs. The base year is 2004 for the Parkersburg area. By
increasing the MVEBs, the West Virginia Department of Environmental
Protection (WVDEP) is ensuring that transportation conformity can be
demonstrated in the Parkersburg area. The August 25, 2008 submittal,
while increasing the MVEBs, still ensures maintenance of the NAAQS for
ozone for the Parkersburg area.
    Tables 1 and 2 and the discussion that follows describe the basis
of the new MVEBs for the Parkersburg area.

  Table 1--Parkersburg Area Reallocation of Safety Margin to the MVEBs
                               [Tons/day]
------------------------------------------------------------------------
                                    2004  Base      2009         2018
                                       year      Projection   Projection
------------------------------------------------------------------------
             Current MVEBs in the Approved Maintenance Plan
------------------------------------------------------------------------
VOC..............................         4.00          3.0          1.9
NOX..............................         5.66          4.1          2.0
------------------------------------------------------------------------
             Proposed MVEBs in the Revised Maintenance Plan
------------------------------------------------------------------------
VOC..............................         4.00          3.8          2.4
NOX..............................         5.66          5.5          2.7
------------------------------------------------------------------------

   Table 2--Parkersburg Area Total Emissions (Point, Area and Mobile)
       Before and After Reallocation of Safety Margin to the MVEBs
                               [Tons/day]
------------------------------------------------------------------------
                                    2004  Base      2009         2018
                                       year      Projection   Projection
------------------------------------------------------------------------
        Current Total Emissions in the Approved Maintenance Plan
------------------------------------------------------------------------
VOC..............................         16.7         14.0         13.6
NOX..............................         15.2         11.8          9.4
------------------------------------------------------------------------
        Proposed Total Emissions in the Revised Maintenance Plan
------------------------------------------------------------------------
VOC..............................         16.7         14.8         14.1
NOX..............................         15.2         13.2         10.1
------------------------------------------------------------------------

    For the Parkersburg, West Virginia 8-hour ozone maintenance area
addressed herein, the WVDEP recalculated the 2009 and 2018 MVEBs using
revised planning data which became available after the original
maintenance plan was submitted to EPA on September 8, 2006. The 2009
and 2018 MVEBs for VOCs and NOX emissions listed above in

Table 1 under the Proposed MVEBs in the Revised Maintenance Plan
section will serve as the new MVEBs for transportation conformity
planning.
    As shown in Table 1, above, WVDEP has proposed reallocating a
portion of the previous safety margin into the MVEBs for both VOCs and
NOX. The remaining surplus emissions have been reserved as
residual safety margins in the total maintenance budgets to ensure
continued maintenance of the 8-hour ozone NAAQS.
    To explain how the safety margins are determined and allocated, the
VOC emissions for the Parkersburg area may be used as an example. In
Table 2, listed under the Current Total Emissions in the Approved
Maintenance Plan section, the total 2004 base year VOC emissions are
16.7 tons/day (tpd), which is the maximum amount of VOC emissions
consistent with maintenance of the 8-hour ozone NAAQS. The total
projected 2009 emissions are 14.0 tpd, which provides a 2.7 tpd VOC
safety margin (i.e., the ozone NAAQS would continue to be maintained if
total VOC emissions increased as much as 2.7 tpd above the projected
2009 emissions of 14.0 tpd). In the Proposed Total Emissions in the
Revised Maintenance Plan section, the total projected emissions for
2009 would be increased by 0.8 tpd through the increase in the
allowable mobile emissions for VOC while still leaving a safety margin
of 1.9 tpd. Therefore, even with the reallocation of some of the
current safety margin into the MVEBs, the State of West Virginia has
left a safety margin for any other unforeseen growth.

III. Final Action

    EPA is approving West Virginia's August 25, 2008 SIP revision
submittal which amends the 8-hour ozone maintenance plan for the
Parkersburg area. These revisions amend the maintenance plans' 2009 and
2018 MVEBs to reflect the reallocation of a portion of the plans'
safety margins which results in an increase in the MVEBs. EPA is
approving this SIP revision to the maintenance plan for the Parkersburg
area because the August 25, 2008 submittal continues to demonstrate
maintenance of the 8-hour ozone NAAQS as even after reallocation of a
portion of the safety margin a sufficient safety margin still exists to
demonstrate continued attainment.
    EPA notes that the DC Circuit issued a decision on July 11, 2008,
vacating the Clean Air Interstate Rule (CAIR). North Carolina v. EPA,
531 F.3d 896 (DC Cir. 2008).\1\ EPA's CAIR modeling was included in the
last Parkersburg maintenance plan effective June 17, 2007 (72 FR 25967,
May 8, 2007) as a supplemental analysis however, EPA's approval of that
maintenance plan was based on permanent and enforceable measures (as
instructed in the Calcagni memorandum, September 4, 1992). These
permanent and enforceable measures are sufficient to provide for
continued maintenance even without any CAIR reductions. EPA did note in
the approval that, in addition to permanent and enforceable measures,
further emissions reductions in the nonattainment area (specifically
Washington County, OH) are largely attributable to CAIR, but these
reductions are not needed to demonstrate maintenance in the area.
Therefore, EPA's approval of the August 25, 2008 SIP revision is not
impacted by the DC Circuit Court decision as even without any CAIR
reductions the area continues to demonstrate maintenance after
reallocation of a portion of the safety margin.
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    \1\ EPA filed a petition for rehearing with the Court of Appeals
for the District of Columbia Circuit on September 24, 2008.
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    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment, since no significant adverse comments were received on
the SIP revision at the State level. 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 December 29,
2008 without further notice unless EPA receives adverse comment by
December 1, 2008.
    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.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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 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 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 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 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 December 29, 2008. 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 to revise the MVEBs for the
Parkersburg 8-hour Ozone Maintenance Plan may not be challenged later
in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: October 20, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR 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 revising
the entry for the 8-Hour Ozone Maintenance Plan for the Parkersburg-
Marietta, WV-OH Area to read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

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                                                            State
    Name of non-regulatory SIP          Applicable        submittal     EPA approval date        Additional
             revision                 geographic area        date                                explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan for  Wood County.........     09/08/06  5/8/07; 72 FR 2967..
 the Parkersburg-Marietta, WV-OH
 Area.
                                                            08/25/08  10/30/08; [Insert     Reallocation of
                                                                       page number where     emissions from the
                                                                       the document          existing ``safety
                                                                       begins].              margin'' to
                                                                                increase the
                                                                                available motor
                                                                                vehicle emission
                                                                                budgets for highway
                                                                                vehicles.

                                                  * * * * * * *
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[FR Doc. E8-25662 Filed 10-29-08; 8:45 am]

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