[Federal Register: May 16, 2007 (Volume 72, Number 94)]
[Notices]
[Page 27551]
[DOCID:fr16my07-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-408-000]

Northern Natural Gas Company; Notice of Request for Waiver

May 9, 2007.
    Take notice that on April 27, 2007, Northern Natural Gas Company
(Northern) tendered for filing a request for waiver of Commission's
regulations to allow a permanent capacity release to be effective on
June 1, 2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Intervention and Protest Date: 5 p.m. Eastern Time May 16, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-9359 Filed 5-15-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Page 80567]
[FR Doc No: 2010-32042]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection(s): Aviation
Maintenance Technical Schools

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on September 22, 2010, vol. 75, no. 183, pages 57827-57828.
The information collected is needed to determine applicant eligibility
and compliance for certification of Civil Aviation mechanics and
operation of aviation mechanic schools.

DATES: Written comments should be submitted by January 21, 2011.

FOR FURTHER INFORMATION CONTACT: Carla Scott on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0040.
    Title: Aviation Maintenance Technical Schools.
    Form Numbers: FAA Form 8310-6.
    Type of Review: Renewal of an information collection.
    Background: The collection of information is necessary to ensure
that Aviation Maintenance Technician Schools meet the minimum
requirements for procedures and curriculum set forth by the FAA in FAR
Part 147. Applicants submit FAA Form 8310-6, Aviation Maintenance
Technician School certificate and Ratings Application, to the
appropriate FAA district office for review. If the application
(including supporting documentation) is satisfactory, an on-site
inspection is conducted. When all FAR Part 147 requirements have been
met, an aviation maintenance technician school certificate with
appropriate ratings is issued.
    Respondents: Approximately 174 representatives of aviation
maintenance technician schools.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 3.17 hours.
    Estimated Total Annual Burden: 66,134 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on December 15, 2010.
Carla Scott,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2010-32042 Filed 12-21-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Proposed Rules]
[Pages 71371-71382]
[FR Doc No: 2012-29005]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2012-0338; FRL-9756-6]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Redesignation of the Ohio Portion of the Wheeling Area to
Attainment of the 1997 Annual Standard for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On April 16, 2012, the Ohio Environmental Protection Agency
submitted a request for EPA to approve the redesignation of the Ohio
portion of the Wheeling, West Virginia-Ohio (WV-OH), nonattainment area
to attainment of the 1997 annual standard for fine particulate matter
(PM2.5). EPA is proposing to approve Ohio's request. EPA is
proposing to determine that the entire Wheeling West Virginia-Ohio area
attains the 1997 annual PM2.5 standard, based on the most
recent three years of certified air quality data. EPA is proposing to
approve, as revisions to the Ohio State Implementation Plan (SIP), the
state's plan for maintaining the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS) through 2022 in the Ohio portion
of the area. EPA is proposing to approve a 2005 emissions inventory for
the Ohio portion of the Wheeling area as meeting the comprehensive
emissions inventory requirement of the Clean Air Act (CAA or Act).
Ohio's maintenance plan submission includes an insignificance finding
for the mobile source contribution of PM2.5 and nitrogen
oxides (NOX) to Ohio's portion of the Wheeling
PM2.5 Area for transportation conformity purposes; EPA
agrees with this finding and proposes to determine the insignificance
of the 2022 motor vehicle emission budget (MVEB) for the Ohio portion
of the Wheeling area for transportation conformity purposes.

DATES: Comments must be received on or before December 31, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0338, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted
during the Regional Office normal hours of operation, and special
arrangements should be made for deliveries of boxed information. The
Regional Office official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0338. 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 email. 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 email comment
directly to EPA without going through www.regulations.gov your email
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. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Anthony Maietta, Environmental
Protection Specialist, at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This supplementary information section is
arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What actions is EPA proposing to take?
III. What is the background for these actions?
IV. What are the criteria for redesignation to attainment?
V. What is EPA's analysis of the state's request?
    1. Attainment
    2. The Area Has Met All Applicable Requirements under Section
110 and

Part D and Has a Fully Approved SIP Under Section 110(k) (Sections
107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
    3. The Improvement in Air Quality Is Due to Permanent and
Enforceable Reductions in Emissions Resulting From Implementation of
the SIP and Applicable Federal Air Pollution Control Regulations and
Other Permanent and Enforceable Reductions (Section
107(d)(3)(E)(iii))
    4. Ohio Has a Fully Approved Maintenance Plan Pursuant to
Section 175A of the CAA (Section 107(d)(3)(E)(iv))
    5. Insignificance Determination for the Mobile Source
Contribution to PM2.5 and NOX
    6. 2005 Comprehensive Emissions Inventory
    7. Summary of Proposed Actions
VI. What are the effects of EPA's proposed actions?
VII. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What actions is EPA proposing to take?

    EPA is proposing to take several actions related to redesignation
of the Ohio portion of the Wheeling area to attainment for the 1997
annual PM2.5 NAAQS. In addition to EPA's December 2, 2011
determination that the area meets the NAAQS for PM2.5 based
on quality-assured, certified 2007-2009 ambient air monitoring data (76
FR 75464), we are proposing to determine that the area continues to
attain the NAAQS for PM2.5, based on quality-assured and
certified ambient air monitoring data for 2009-2011, the most recent
three years of quality-assured data for the area. EPA is proposing to
find that Ohio meets the requirements for redesignation of the Wheeling
area to attainment of the 1997 PM2.5 NAAQS under section
107(d)(3)(E) of the CAA. EPA is thus proposing to approve Ohio's
request to change the legal designation of its portion of the Wheeling
area from nonattainment to attainment of the 1997 annual
PM2.5 NAAQS. This action would not change the legal
designation of the West Virginia portion of the area, which will be
redesignated in a separate rulemaking.
    Second, EPA is proposing to approve Ohio's annual PM2.5
maintenance plan for the Wheeling area as a revision to the Ohio SIP,
including the insignificance determination for PM2.5 and
NOX emissions for the mobile source contribution of the Ohio
portion of the Wheeling area.
    Finally, EPA is proposing to approve the 2005 primary
PM2.5, NOX and sulfur dioxide (SO2)
emissions inventories as satisfying the requirement in section
172(c)(3) of the CAA for a current, accurate and comprehensive emission
inventory.
    Therefore, EPA is proposing to approve the request from the State
of Ohio to change the designation of Belmont County (the Ohio portion
of the Wheeling area) from nonattainment to attainment of the 1997
annual PM2.5 NAAQS. This action would not change the legal
designation of the West Virginia portion of the area. The West Virginia
portion of the area will be redesignated in a separate rulemaking.

III. What is the background for these actions?

    Fine particulate pollution can be emitted directly from a source
(primary PM2.5) or formed secondarily through chemical
reactions in the atmosphere involving precursor pollutants emitted from
a variety of sources. Sulfates are a type of secondary particulate
formed from SO2 emissions from power plants and industrial
facilities. Nitrates, another common type of secondary particulate, are
formed from combustion emissions of NOX from power plants,
mobile sources and other combustion sources.
    The first air quality standards for PM2.5 were
promulgated on July 18, 1997, at 62 FR 38652. EPA promulgated an annual
standard at a level of 15 micrograms per cubic meter ([mu]g/m\3\) of
ambient air, based on a three-year average of the annual mean
PM2.5 concentrations at each monitoring site. In the same
rulemaking, EPA promulgated a 24-hour PM2.5 standard at 65
[mu]g/m\3\, based on a three-year average of the annual 98th percentile
of 24-hour PM2.5 concentrations at each monitoring site.
    On January 5, 2005, at 70 FR 944, EPA published air quality area
designations for the 1997 annual PM2.5 standard based on air
quality data for calendar years 2001-2003. In that rulemaking, EPA
designated the Wheeling area as nonattainment for the 1997 annual
PM2.5 standard.
    On October 17, 2006, at 71 FR 61144, EPA retained the annual
PM2.5 standard at 15 [mu]g/m\3\ (2006 annual
PM2.5 standard), but revised the 24-hour standard to 35
[mu]g/m\3\, based again on the three-year average of the annual 98th
percentile of the 24-hour PM2.5 concentrations. In response
to legal challenges of the 2006 annual PM2.5 standard, the
U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit)
remanded this standard to EPA for further consideration. See American
Farm Bureau Federation and National Pork Producers Council, et al. v.
EPA, 559 F.3d 512 (D.C. Cir. 2009). Since the Wheeling area is
designated as nonattainment for the 1997 annual PM2.5
standard, today's proposed action addresses redesignation to attainment
only for this standard.
    On December 2, 2011, EPA issued a final determination that the
entire Wheeling area has attained the 1997 PM2.5 standard by
the applicable attainment date (76 FR 75464). Ohio's original submittal
contained complete, quality-assured and certified air monitoring data
for years through 2010. Based upon our review of complete, quality-
assured and certified ambient air monitoring data from 2009-2011, we
are proposing to determine that the area continues to attain the 1997
annual PM2.5 NAAQS. Further, preliminary data for 2012
indicate that the data will continue to show the area in attainment of
the 1997 annual PM2.5 NAAQS.

IV. What are the criteria for redesignation to attainment?

    The CAA sets forth the requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of
the CAA allows for redesignation provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS based on
current air quality data; (2) the Administrator has fully approved an
applicable SIP for the area under section 110(k) of the CAA; (3) the
Administrator determines that the improvement in air quality is due to
permanent and enforceable emission reductions resulting from
implementation of the

applicable SIP, Federal air pollution control regulations and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area meeting the
requirements of section 175A of the CAA; and (5) the state containing
the area has met all requirements applicable to the area for purposes
of redesignation under section 110 and part D of the CAA.

V. What is EPA's analysis of the state's request?

    EPA is proposing to approve the redesignation of the Ohio portion
of the Wheeling area to attainment of the 1997 annual PM2.5
NAAQS and is proposing to approve Ohio's maintenance plan for the area
and other related SIP revisions. The bases for these actions follow.

1. Attainment

    As noted above, in a rulemaking published on December 2, 2011, EPA
determined that the Wheeling area had attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date. The basis and
effect of this determination were discussed in the notices of proposed
(76 FR 43634) and final (76 FR 75464) rulemaking. The determination was
based on quality-assured air quality monitoring data for 2007-2009
showing the area has met the standard. The data have been certified by
West Virginia, where the air quality monitors for this area are
located.
    In this action, we are proposing to determine that the Wheeling
area continues to attain the 1997 annual PM2.5 NAAQS based
upon the most recent three years of complete, certified and quality-
assured data. Under EPA's regulations at 40 CFR 50.7, the annual
primary and secondary PM2.5 standards are met when the
annual arithmetic mean concentration, as determined in accordance with
40 CFR part 50, appendix N, is less than or equal to 15.0 [mu]g/m\3\ at
all relevant monitoring sites in the area.
    EPA has reviewed the ambient air quality monitoring data in the
Wheeling area, consistent with the requirements contained at 40 CFR
part 50. EPA's review focused on data recorded in the EPA Air Quality
System (AQS) database for the Wheeling PM2.5 nonattainment
area from 2009-2011. EPA also considered preliminary data for 2012,
which have not yet been certified.
    The Wheeling area has two monitors located in Marshall and Ohio
Counties, West Virginia, that reported a design value from 2008-2010,
the most recent three full years of data, for PM2.5 that
measured 13.1 and 12.4 [mu]g/m\3\ for the 1997 annual standard. The
monitors in the Wheeling area recorded complete data in accordance with
criteria set forth by EPA in 40 CFR part 50, Appendix N, where a
complete year of air quality data comprises four calendar quarters,
with each quarter containing data with at least 75 percent capture of
the scheduled sampling days. Available data are considered to be
sufficient for comparison to the NAAQS if three consecutive complete
years of data exist.

Table 1--The 1997 Annual PM2.5 Design Values for the Wheeling Monitor With Complete Data for the 2007-2009, 2008-
                               2010 and 2009-2011 Design Values 1 in Micrograms/m3
----------------------------------------------------------------------------------------------------------------
                                                                      Annual          Annual          Annual
                                                                     standard        standard        standard
                     County                           Monitor      design value    design value    design value
                                                                     2007-2009       2008-2010       2009-2011
                                                                   ([mu]g/m\3\)    ([mu]g/m\3\)    ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Marshall, WV....................................       541071002            13.4            13.1            13.0
Ohio, WV........................................       540690010            13.2            12.4            11.9
----------------------------------------------------------------------------------------------------------------
\1\ As defined in 40 CFR 50 Appendix N(1)(c).

    EPA's review of monitoring data from the 2007-2009, 2008-2010 and
2009-2011 monitoring periods supports EPA's determination that the
Wheeling area has monitored attainment for each time period.
Additionally, because the preliminary monitoring data for 2012 are
consistent with the area's continued attainment. Therefore, EPA
proposes to determine that the Wheeling area continues to attain the
1997 annual PM2.5 standard.

2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D and Has a Fully Approved SIP Under Section 110(k) (Sections
107(d)(3)(E)(v) and 107(d)(3)(E)(ii))

    We believe that Ohio has met all currently applicable SIP
requirements for purposes of redesignation for the Ohio portion of the
Wheeling area under section 110 of the CAA (general SIP requirements).
We are also proposing to find that the Ohio SIP meets all SIP
requirements currently applicable for purposes of redesignation under
part D of title I of the CAA, in accordance with section
107(d)(3)(E)(v). We are proposing to find that all applicable
requirements of the Ohio SIP for purposes of redesignation have been,
in accordance with section 107(d)(3)(E)(ii). As discussed below, in
this action EPA is proposing to approve Ohio's 2005 emissions inventory
as meeting the section 172(c)(3) comprehensive emissions inventory
requirement.
    In making these proposed determinations, we have ascertained which
SIP requirements are applicable for purposes of redesignation, and
concluded that there are SIP measures meeting those requirements and
that they are approved or will be approved by the time of final
rulemaking.
a. Ohio Has Met All Applicable Requirements for Purposes of
Redesignation of the Ohio Portion of the Area Under Section 110 and
Part D of the CAA
i. Section 110 General SIP Requirements
    Section 110(a) of title I of the CAA contains the general
requirements for a SIP. Section 110(a)(2) provides that the
implementation plan submitted by a state must have been adopted by the
state after reasonable public notice and hearing, and, among other
things, must: include enforceable emission limitations and other
control measures, means or techniques necessary to meet the
requirements of the CAA; provide for establishment and operation of
appropriate devices, methods, systems and procedures necessary to
monitor ambient air quality; provide for implementation of a source
permit program to regulate the modification and construction of any
stationary source within the areas covered by the plan; include
provisions for the

implementation of part C, Prevention of Significant Deterioration (PSD)
and part D, New Source Review (NSR) permit programs; include criteria
for stationary source emission control measures, monitoring and
reporting; include provisions for air quality modeling; and provide for
public and local agency participation in planning and emission control
rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. EPA believes that the requirements
linked with a particular nonattainment area's designation are the
relevant measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state. Thus, we believe that these requirements should not
be construed to be applicable requirements for purposes of
redesignation.
    Further, we believe that the other section 110 elements described
above that are not connected with nonattainment plan submissions and
not linked with an area's attainment status are also not applicable
requirements for purposes of redesignation. A state remains subject to
these requirements after an area is redesignated to attainment. We
conclude that only the section 110 and part D requirements that are
linked with a particular area's designation are the relevant measures
which we may consider in evaluating a redesignation request. This
approach is consistent with EPA's existing policy on applicability of
conformity and oxygenated fuels requirements for redesignation
purposes, as well as with section 184 ozone transport requirements. See
Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174-
53176, October 10, 1996) and (62 FR 24826, May 7, 1997); Cleveland-
Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May 7, 1996); and
Tampa, Florida, final rulemaking (60 FR 62748, December 7, 1995). See
also the discussion on this issue in the Cincinnati, Ohio 1-hour ozone
redesignation (65 FR 37890, June 19, 2000), and in the Pittsburgh,
Pennsylvania 1-hour ozone redesignation (66 FR 50399, October 19,
2001).
    We have reviewed the Ohio SIP and have concluded that it meets the
general SIP requirements under section 110 of the CAA to the extent
they are applicable for purposes of redesignation. EPA has previously
approved provisions of Ohio's SIP addressing section 110 requirements,
including provisions addressing particulate matter, at 40 CFR 52.1870,
respectively). On December 5, 2007, and September 4, 2009, Ohio made
submittals addressing ``infrastructure SIP'' elements required under
CAA section 110(a)(2). EPA proposed approval of the December 5, 2007,
submittal on April 28, 2011, at 76 FR 23757, and published final
approval on July 14, 2011, at 76 FR 41075. The requirements of section
110(a)(2), however, are statewide requirements that are not linked to
the PM2.5 nonattainment status of the Wheeling area.
Therefore, EPA believes that these SIP elements are not applicable
requirements for purposes of review of the state's PM2.5
redesignation request.
ii. Part D Requirements
    EPA is proposing to determine that, upon approval of the base year
emissions inventories discussed in section V(6) of this rulemaking, the
Ohio SIP will meet the SIP requirements for the Ohio portion of the
Wheeling area applicable for purposes of redesignation under part D of
the CAA.
    Subpart 1 of part D, found in sections 172-176 of the CAA, sets
forth the basic nonattainment requirements applicable to all
nonattainment areas.
Subpart 1 Section 172 Requirements
    For purposes of evaluating this redesignation request, the
applicable section 172 SIP requirements for the Ohio portion of the
Wheeling area are contained in section 172(c)(1)-(9). A thorough
discussion of the requirements contained in section 172 can be found in
the General Preamble for Implementation of title I (57 FR 13498, April
16, 1992).
    Section 172(c)(1) requires the plans for all nonattainment areas to
provide for the implementation of all Reasonably Achievable Control
Measures (RACM) as expeditiously as practicable and to provide for
attainment of the primary NAAQS. EPA interprets this requirement to
impose a duty on all nonattainment areas to consider all available
control measures and to adopt and implement such measures as are
reasonably available for implementation in each area as components of
the area's attainment demonstration. Because attainment has been
reached, no additional measures are needed to provide for attainment,
and section 172(c)(1) requirements are no longer considered to be
applicable as long as the area continues to attain the standard until
redesignation. (40 CFR 51.1004(c).)
    The Reasonable Further Progress (RFP) requirement under section
172(c)(2) is defined as progress that must be made toward attainment.
This requirement is not relevant for purposes of redesignation because
the Wheeling area has monitored attainment of the 1997 annual
PM2.5 NAAQS. (General Preamble, 57 FR 13564). See also 40
CFR 51.918. In addition, because the Wheeling area has attained the
1997 annual PM2.5 NAAQS and is no longer subject to an RFP
requirement, the requirement to submit the section 172(c)(9)
contingency measures is not applicable for purposes of redesignation.
Id.
    Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. Ohio
submitted a 2005 base year emissions inventory along with their
redesignation request. As discussed below in section V.6, EPA is
approving the 2005 base year inventory as meeting the section 172(c)(3)
emissions inventory requirement for the Ohio portion of the Wheeling
area.
    Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources in an
area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
anywhere in the nonattainment area. EPA approved Ohio's current NSR
program on January 10, 2003 (68 FR 1366). Nonetheless, since PSD
requirements will apply after redesignation, the area need not have a
fully-approved NSR program for purposes of redesignation, provided that
the area demonstrates maintenance of the NAAQS without part D NSR. A
detailed rationale for this view is described in a memorandum from Mary
Nichols, Assistant Administrator for Air and Radiation, dated October
14, 1994, entitled, ``Part D New Source Review Requirements for Areas
Requesting Redesignation to Attainment.'' Ohio has demonstrated that
the Wheeling area will be able to maintain the standard without part D
NSR in effect; therefore, the state need not have a fully approved part
D NSR program prior to approval of the redesignation request. The
state's PSD program will become effective in the Wheeling area upon
redesignation to attainment. See rulemakings for Detroit, Michigan (60
FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR
20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665,
October 23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June
21, 1996).

    Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the standard. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we believe the Ohio's
SIP meets the requirements of section 110(a)(2) applicable for purposes
of redesignation.
Subpart 1 Section 176(c)(4)(D) Conformity SIP Requirements
    The requirement to determine conformity applies to transportation
plans, programs and projects developed, funded or approved under title
23 of the U.S. Code and the Federal Transit Act (transportation
conformity), as well as to all other Federally-supported or funded
projects (general conformity).
    Section 176(c) of the CAA was amended by provisions contained in
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU), which was signed into law on August 10,
2005 (Public Law 109-59). Among the changes Congress made to this
section of the CAA were streamlined requirements for state
transportation conformity SIPs. State transportation conformity
regulations must be consistent with Federal conformity regulations and
address three specific requirements related to consultation,
enforcement and enforceability. EPA believes that it is reasonable to
interpret the transportation conformity SIP requirements as not
applying for purposes of evaluating the redesignation request under
section 107(d) for two reasons.
    First, the requirement to submit SIP revisions to comply with the
transportation conformity provisions of the CAA continues to apply to
areas after redesignation to attainment since such areas would be
subject to a section 175A maintenance plan. Second, EPA's Federal
conformity rules require the performance of conformity analyses in the
absence of Federally-approved state rules. Therefore, because areas are
subject to the transportation conformity requirements regardless of
whether they are redesignated to attainment and, because they must
implement conformity under Federal rules if state rules are not yet
approved, EPA believes it is reasonable to view these requirements as
not applying for purposes of evaluating a redesignation request. See
Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), upholding this
interpretation. See also 60 FR 62748, 62749-62750 (Dec. 7, 1995)
(Tampa, Florida).
    Ohio has an approved transportation conformity SIP (72 FR 20945).
Ohio is in the process of updating its approved transportation
conformity SIP, and EPA will review its provisions when they are
submitted.
b. The Ohio Portion of the Wheeling Area Has a Fully Approved
Applicable SIP Under Section 110(k) of the CAA
    Upon final approval of Ohio's comprehensive 2005 emissions
inventory, EPA will have fully approved the Ohio SIP for the Ohio
portion of the Wheeling area under section 110(k) of the CAA for all
requirements applicable for purposes of redesignation to attainment for
the 1997 annual PM2.5 standard. EPA may rely on prior SIP
approvals in approving a redesignation request (See page 3 of the
September 4, 1992, John Calcagni memorandum entitled ``Procedures for
Processing Requests to Redesignate Areas to Attainment'' (Calcagni
Memorandum); Southwestern Pennsylvania Growth Alliance v. Browner, 144
F.3d 984, 989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th Cir.
2001)), plus any additional measures it may approve in conjunction with
a redesignation action. See 68 FR 25413, 25426 (May 12, 2003). Since
the passage of the CAA of 1970, Ohio has adopted and submitted, and EPA
has fully approved, provisions addressing various required SIP elements
under particulate matter standards. In this action, EPA is proposing to
approve Ohio's 2005 base year emissions inventory for the Wheeling area
as meeting the requirement of section 172(c)(3) of the CAA for the 1997
annual PM2.5 standard.
c. Nonattainment Requirements
    Under section 172, states with nonattainment areas must submit
plans providing for timely attainment and meeting a variety of other
requirements. On July 16, 2008, Ohio submitted a state-wide attainment
demonstration for PM2.5, including the Wheeling area.
However, pursuant to 40 CFR 51.1004(c) EPA's determination that the
area has attained the 1997 PM2.5 annual standard suspends
the requirement to submit certain planning SIPs related to attainment,
including attainment demonstration requirements, the Reasonably
Achievable Control Technology (RACT)-RACM requirement of section
172(c)(1) of the CAA, the RFP and attainment demonstration requirements
of sections 172(c)(2) and (6) and 182(b)(1) of the CAA and the
requirement for contingency measures of section 172(c)(9) of the CAA).
    As a result, the only remaining requirement under section 172 to be
considered is the emissions inventory required under section 172(c)(3).
As discussed in a later section, EPA is proposing to approve the
inventory that Ohio submitted as part of its maintenance plan as
satisfying this requirement.
    No SIP provisions applicable for redesignation of the Ohio portion
of the Wheeling area are currently disapproved, conditionally approved
or partially approved. If EPA approves Ohio's Wheeling area
PM2.5 emissions inventories as proposed, Ohio will have a
fully approved SIP for all requirements applicable for purposes of
redesignation.

3. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))

    EPA believes that Ohio has demonstrated that the observed air
quality improvement in the Wheeling area is due to permanent and
enforceable reductions in emissions resulting from implementation of
the SIP, Federal measures and other state-adopted measures.
    In making this demonstration, Ohio has calculated the change in
emissions between 2005, one of the years used to designate the Wheeling
area as nonattainment, and 2008, one of the years the Wheeling area
monitored attainment. The reduction in emissions and the corresponding
improvement in air quality over this time period can be attributed to a
number of regulatory control measures that the Wheeling area and
contributing areas have implemented in recent years.
a. Permanent and Enforceable Controls Implemented
    The following is a discussion of permanent and enforceable measures
that have been implemented in the area:
i. Federal Emission Control Measures
    Reductions in fine particle precursor emissions have occurred
statewide and in upwind areas as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future. Federal emission control measures include the following.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. These emission control requirements

result in lower NOX and SO2 emissions from new
cars and light duty trucks, including sport utility vehicles. The
Federal rules were phased in between 2004 and 2009. The EPA has
estimated that, by the end of the phase-in period, new vehicles will
emit the following percentages less NOX: passenger cars
(light duty vehicles)--77%; light duty trucks, minivans, and sports
utility vehicles--86%; and, larger sports utility vehicles, vans, and
heavier trucks--69% to 95%. EPA expects fleet wide average emissions to
come to decline by similar percentages as new vehicles replace older
vehicles. The Tier 2 standards also reduced the sulfur content of
gasoline to 30 parts per million (ppm) beginning in January 2006. Most
gasoline sold in Ohio prior to January 2006 had a sulfur content of
about 500 ppm.
    Heavy-Duty Diesel Engine Rule. EPA issued this rule in July 2000.
This rule includes standards limiting the sulfur content of diesel
fuel, which went into effect in 2004. A second phase took effect in
2007 which reduced fine particle emissions from heavy-duty highway
engines and further reduced the highway diesel fuel sulfur content to
15 ppm. The total program is estimated to achieve a 90% reduction in
direct PM2.5 emissions and a 95% reduction in NOX
emissions for these new engines using low sulfur diesel, compared to
existing engines using higher sulfur content diesel. The reduction in
fuel sulfur content also yielded an immediate reduction in sulfate
particle emissions from all diesel vehicles.
    Nonroad Diesel Rule. In May 2004, EPA promulgated a new rule for
large nonroad diesel engines, such as those used construction,
agriculture and mining equipment, to be phased in between 2008 and
2014. The rule also reduces the sulfur content in nonroad diesel fuel
by over 99%. Prior to 2006, nonroad diesel fuel averaged approximately
3,400 ppm sulfur. This rule limited nonroad diesel sulfur content to
500 ppm by 2006, with a further reduction to 15 ppm by 2010. The
combined engine and fuel rules will reduce NOX and PM
emissions from large nonroad diesel engines by over 90%, compared to
current nonroad engines using higher sulfur content diesel. It is
estimated that compliance with this rule will cut NOX
emissions from nonroad diesel engines by up to 90%. This rule achieved
some emission reductions by 2008 and was fully implemented by 2010. The
reduction in fuel sulfur content also yielded an immediate reduction in
sulfate particle emissions from all diesel vehicles.
    Nonroad Large Spark-Ignition Engine and Recreational Engine
Standards. In November 2002 EPA promulgated emission standards for
groups of previously unregulated nonroad engines. These engines include
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles using spark-
ignition engines such as off-highway motorcycles, all-terrain vehicles
and snowmobiles; and recreational marine diesel engines. Emission
standards from large spark-ignition engines were implemented in two
tiers, with Tier 1 starting in 2004 and Tier 2 in 2007. Recreational
vehicle emission standards are being phased in from 2006 through 2012.
Marine Diesel engine standards were phased in from 2006 through 2009.
With full implementation of the entire nonroad spark-ignition engine
and recreational engine standards, an 80% reduction in NOX
expected by 2020. Some of these emission reductions occurred by the
2008-2010 period used to demonstrate attainment, and additional
emission reductions will occur during the maintenance period.
i. Control Measures in Contributing Areas
    Given the significance of sulfates and nitrates in the Wheeling
area, the area's air quality is strongly affected by regulation of
SO2 and NOX emissions from power plants.
    NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA
issued a NOX SIP Call requiring the District of Columbia and
22 states to reduce emissions of NOX. Affected states were
required to comply with Phase I of the SIP Call beginning in 2004, and
Phase II beginning in 2007. Emission reductions resulting from
regulations developed in response to the NOX SIP Call are
permanent and enforceable.
    CAIR and the Transport Rule. On May 12, 2005, EPA published the
Clean Air Interstate Rule (CAIR), which requires significant reductions
in emissions of SO2 and NOX from electric
generating units to limit the interstate transport of these pollutants
and the ozone and fine particulate matter they form in the atmosphere.
See 76 FR 70093. The DC Circuit initially vacated CAIR, North Carolina
v. EPA, 531 F.3d 896 (DC Cir. 2008), but ultimately remanded the rule
to EPA without vacatur to preserve the environmental benefits provided
by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (DC Cir. 2008). In
response to the court's decision, EPA issued the Transport Rule, also
known as the Cross-State Air Pollution Rule, to address interstate
transport of NOX and SO2 in the eastern United
States. See 76 FR 48208 (August 8, 2011). On August 21, 2012, the DC
Circuit issued a decision to vacate the Transport Rule. In that
decision, it also ordered EPA to continue administering CAIR ``pending
the promulgation of a valid replacement.'' EME Homer Generation, L.P.
v. EPA, No. 11-1302 (DC Cir., August 21, 2012).\2\
---------------------------------------------------------------------------

    \2\ The court's judgment is not final, as of October 31, 2012,
as the mandate has not yet been issued.
---------------------------------------------------------------------------

    In light of these unique circumstances and for the reasons
explained below, EPA proposes to approve the redesignation request and
the related SIP revision for Belmont County in Ohio, including Ohio's
plan for maintaining attainment of the PM2.5 standard in the
Ohio portion of the Wheeling Area. The air quality modeling analysis
conducted for the Transport Rule demonstrates that the Wheeling area
would be able to attain the PM2.5 standard even in the
absence of either CAIR or the Transport Rule. See ``Air Quality
Modeling Final Rule Technical Support Document,'' App. B, B-62 to B-
134. This modeling is available in the docket for this proposed
redesignation action.
    In addition, CAIR remains in place and enforceable until
substituted by a valid replacement rule. Ohio's CAIR SIP was approved
on September 25, 2009 (74 FR 48857). As a result of CAIR, EPA projected
that in 2009 emissions of NOX would decrease from a baseline
of 264,000 tons per year (tpy) to 93,000 tpy while in 2010 emissions of
SO2 would decrease from a baseline of 1,373,000 tpy to
298,000 tpy within Ohio. And by 2015, we projected emissions of
NOX would decrease to 83,000 tpy while emissions of
SO2 would decrease to 208,000 tpy within Ohio (http://www.epa.gov/CAIR/oh.html). The monitoring data used to demonstrate the
area's attainment of the 1997 Annual PM2.5 NAAQS by the
April 2010 attainment deadline was also impacted by CAIR. To the extent
that Ohio is relying on CAIR in its maintenance plan, the recent
directive from the DC Circuit in EME Homer ensures that the reductions
associated with CAIR will be permanent and enforceable for the
necessary time period. EPA has been ordered by the court to develop a
new rule and the opinion makes clear that after promulgating that new
rule EPA must provide states an opportunity to draft and submit SIPs to
implement that rule. CAIR thus cannot be replaced until EPA has
promulgated a final rule through a notice-and-comment rulemaking
process, states have had an opportunity to draft and submit SIPs, EPA
has reviewed the SIPs to determine if they can be approved, and EPA has

taken action on the SIPs, including promulgating a Federal
Implementation Plan (FIP) if appropriate. These steps alone will take
many years, even with EPA and the states acting expeditiously. The
court's clear instruction to EPA that it must continue to administer
CAIR until a ``valid replacement'' exists provides an additional
backstop; by definition, any rule that replaces CAIR and meets the
court's direction would require upwind states to have SIPs that
eliminate significant contributions to downwind nonattainment and
prevent interference with maintenance in downwind areas.
    Further, in vacating the Transport Rule and requiring EPA to
continue administering CAIR, the DC Circuit emphasized that the
consequences of vacating CAIR ``might be more severe now in light of
the reliance interests accumulated over the intervening four years.''
EME Homer, slip op. at 60. The accumulated reliance interests include
the interests of states who reasonably assumed they could rely on
reductions associated with CAIR which brought certain nonattainment
areas into attainment with the NAAQS. If EPA were prevented from
relying on reductions associated with CAIR in redesignation actions,
states would be forced to impose additional, redundant reductions on
top of those achieved by CAIR. EPA believes this is precisely the type
of irrational result the court sought to avoid by ordering EPA to
continue administering CAIR. For these reasons also, EPA believes it is
appropriate to allow states to rely on CAIR, and the existing emissions
reductions achieved by CAIR, as sufficiently permanent and enforceable
for purposes such as redesignation. Following promulgation of the
replacement rule, EPA will review SIPs as appropriate to identify
whether there are any issues that need to be addressed.
b. Emission Reductions
    Ohio developed emissions inventories for NOX, direct
PM2.5 and SO2 for 2005, one of the years used to
designate the area as nonattainment, and 2008, one of the years the
Wheeling area monitored attainment of the standard.
    Electric Generating Unit (EGU) SO2 and NOX
emissions were derived from EPA's Clean Air Market's acid rain
database. These emissions reflect Ohio and West Virginia NOX
emission budgets resulting from EPA's NOX SIP call. The 2008
emissions from EGUs reflect Ohio's emission caps under CAIR. All other
point source emissions were obtained from Ohio's source facility
emissions reporting.
    Area source emissions the Wheeling area for 2005 were taken from
periodic emissions inventories.\3\ These 2005 area source emission
estimates were extrapolated to 2008. Source growth factors were
supplied by the Lake Michigan Air Directors Consortium (LADCO).
---------------------------------------------------------------------------

    \3\ Periodic emission inventories are derived by states every
three years and reported to the EPA. These periodic emission
inventories are required by the Federal Consolidated Emissions
Reporting Rule, codified at 40 CFR Subpart A. EPA revised these and
other emission reporting requirements in a final rule published on
December 17, 2008, at 73 FR 76539.
---------------------------------------------------------------------------

    Non road mobile source emissions were extrapolated from non road
mobile source emissions reported in EPA's 2005 National Emissions
Inventory (NEI). Contractors were employed by LADCO to estimate
emissions for commercial marine vessels and railroads.
    On-road mobile source emissions were calculated using EPA's mobile
source emission factor model, MOVES2010a, in conjunction with
transportation model results developed by the local Metropolitan
Planning Organization (MPO), the Belmont-Ohio-Marshall Regional Council
(Belomar).
    All emissions estimates discussed below were documented in the
submittal and appendices of Ohio's redesignation request submittal from
April 16, 2012. For these data and additional emissions inventory data,
the reader is referred to EPA's digital docket for this rule, http://www.regulations.gov, for docket number EPA-R05-OAR-2012-0338, which
includes digital copies of Ohio's submittal.
    Emissions data in tpy for the entire Wheeling area are shown in
Tables 2 and 3, below.

              Table 2--Summary of 2005 Emissions for the Entire Wheeling Area by Source Type (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                        SO2             NOX            PM2.5
----------------------------------------------------------------------------------------------------------------
Point (EGU).....................................................      133,707.78       35,690.72        3,919.69
Non-EGU.........................................................       19,111.96        3,159.33          539.17
On-road.........................................................           55.7         5,144.43          172.57
Nonroad.........................................................           47.23          505.40           60.63
Area............................................................          427.03        1,081.94          886.62
MAR.............................................................           98.25        1,905.57           68.93
                                                                 -----------------------------------------------
    Total Wheeling..............................................      153,447.95       47,487.39        5,647.61
----------------------------------------------------------------------------------------------------------------

Table 3--Comparison of 2005 Emissions From the Non-Attainment Year and 2008 Emissions for an Attainment Year for
                                         the Entire Wheeling Area (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                Net change
                                                                       2005            2008         (2005-2008)
----------------------------------------------------------------------------------------------------------------
PM2.5...........................................................        5,647.61        6,001.46          353.85
NOX.............................................................       47,487.39       35,970.60      -11,516.79
SO2.............................................................      153,447.95       67,103.27      -86,344.68
----------------------------------------------------------------------------------------------------------------

    Table 3 shows that while in the entire Wheeling area shows an
increase in direct PM2.5 emissions by 353.85 tons, the area
reduced NOX emissions by 11,516.79 tons and SO2
emissions by 86,344.68 tons between 2005, a nonattainment year, and
2008, an attainment year.
    Emissions data in tpy for Belmont County, Ohio (the Ohio portion of
the Wheeling area) are shown in Tables 4, and 5, below.

 Table 4--Summary of 2005 Non-Attainment Year Emissions for the Ohio Portion of the Wheeling Area by Source Type
                                                      (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                        SO2             NOX            PM2.5
----------------------------------------------------------------------------------------------------------------
Point (EGU).....................................................       37,329.95        4,149.93           93.85
Non-EGU.........................................................            0.13           22.76            3.39
On-road.........................................................           30.84        3,179.52          105.74
Nonroad.........................................................           21.98          222.46           27.39
Area............................................................           93.50          284.66          307.93
MAR.............................................................           22.84          261.85            6.21
                                                                 -----------------------------------------------
    Total Wheeling..............................................       37,499.24        8,121.18          544.51
----------------------------------------------------------------------------------------------------------------

Table 5--Comparison of 2005 Emissions From the Non-Attainment Year and 2008 Emissions for an Attainment Year for
                                   the Ohio Portion of the Wheeling Area (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                Net change
                                                                       2005            2008         (2005-2008)
----------------------------------------------------------------------------------------------------------------
PM2.5...........................................................          544.51          496.81          -47.7
NOX.............................................................        8,121.18        7,513.19         -607.99
SO2.............................................................       37,499.24       15,252.15      -22,247.09
----------------------------------------------------------------------------------------------------------------

    Table 5 shows that the Ohio portion of the Wheeling area reduced
direct PM2.5 emissions by 47.7 tpy, NOX emissions
by 607.99 tpy, and SO2 emissions by 22,247.09 tpy between
2005, a nonattainment year and 2008, an attainment year. The state
submission includes multiple lines of evidence to show that even with
the increase in PM2.5 the area has still reached attainment
of the 1997 annual PM2.5 NAAQS and will continue to maintain
that designation into the future due to multiple actions on the state's
behalf. The weight of evidence submitted by the state contains
modeling, monitoring and trend analysis. The trend analysis for the
area shows a steady trend of declining PM2.5 monitored data,
with a significant drop in concentrations beginning in 2006. Since
meteorology can play a large part in dispersion of PM2.5,
which can greatly affect monitored concentrations, LADCO and the state
have normalized the data to remove meteorological effects using a
statistical analysis, the state has shown in their submission that the
concentrations observed are due to real reductions in PM2.5
and its precursors, and not just meteorological effects. In addition,
control of emissions from local power plants through local and national
programs have impacted and will continue to impact the area, as we will
describe below.
    In 2008, the R.E. Burger First Energy Station in Belmont County,
Ohio, installed advanced selective non-catalytic reduction controls to
reduce NOX emissions on two Units (Unit 4 and Unit
5), as part of a federally-enforceable consent decree. In
December 2010, two 156 megawatt (MW) Units at the R.E. Burger First
Energy Station were permanently shut down. The results of federally-
mandated consent decree action and the shutdown of two Units at the
R.E. Burger First Energy Station are that NOX reductions
from power plants in the Wheeling area have occurred and will continue
to occur in the future.
    Based on the information summarized above, Ohio has adequately
demonstrated that the improvement in air quality is due to permanent
and enforceable emissions reductions.

4. Ohio Has a Fully Approved Maintenance Plan Pursuant to Section 175A
of the CAA (Section 107(d)(3)(E)(iv))

    In conjunction with Ohio's request to redesignate the Ohio portion
of the Wheeling nonattainment area to attainment status, Ohio has
submitted a SIP revision to provide for maintenance of the 1997 annual
PM2.5 NAAQS in the area through 2022.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after EPA
approves a redesignation to attainment. Eight years after
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for ten
years following the initial ten-year maintenance period. To address the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures with a schedule for implementation as EPA
deems necessary to assure prompt correction of any future annual
PM2.5 violations.
    The Calcagni Memorandum provides additional guidance on the content
of a maintenance plan. The memorandum states that a maintenance plan
should address the following items: The attainment emissions
inventories, a maintenance demonstration showing maintenance for the
ten years of the maintenance period, a commitment to maintain the
existing monitoring network, factors and procedures to be used for
verification of continued attainment of the NAAQS and a contingency
plan to prevent or correct future violations of the NAAQS.
b. Attainment Inventory
    Ohio developed emissions inventories for NOX, direct
PM2.5 and SO2 for 2008, one of the years in the
period during which the Wheeling area monitored attainment of the 1997
annual PM2.5 standard, as described previously. The
attainment levels of emissions for the entire area, as well as the
attainment levels of emissions for the Ohio portion of the area are
summarized in Tables 3 and 5, above.
c. Demonstration of Maintenance
    Along with the redesignation request, Ohio submitted a revision to
its PM2.5 SIP to include a maintenance plan for the Wheeling
area, as required by section 175A of the CAA. Section 175A requires a
State seeking redesignation to attainment to submit a SIP revision to
provide for the maintenance of the

NAAQS in the area ``for at least 10 years after the redesignation.''
EPA has interpreted this as a showing of maintenance ``for a period of
ten years following redesignation.'' Calcagni Memorandum, p. 9. Where
the emissions inventory method of showing maintenance is used, its
purpose is to show that emissions during the maintenance period will
not increase over the attainment year inventory. Calcagni Memorandum,
pp. 9-10.
    As discussed in detail in the section below, the state's
maintenance plan submission expressly documents that the area's
emissions inventories will remain below the attainment year inventories
through 2022. In addition, for the reasons set forth below, EPA
believes that the state's submission, in conjunction with additional
supporting information, further demonstrates that the area will
continue to maintain the PM2.5 standard at least through
2023. Thus, if EPA finalizes its proposed approval of the redesignation
request and maintenance plans in 2013, it is based on a showing, in
accordance with section 175A, that the state's maintenance plan
provides for maintenance for at least ten years after redesignation.
    Ohio's plan demonstrates maintenance of the 1997 annual
PM2.5 standard through 2022 by showing that current and
future emissions of NOX, directly emitted PM2.5
and SO2 for the area remain at or below attainment year
emission levels. A maintenance demonstration need not be based on
modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v.
EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100
(October 19, 2001), and 68 FR 25413, 25430-25432 (May 12, 2003).
    Ohio's submission uses emissions inventory projections for the
years 2015 and 2022 to demonstrate maintenance for the Ohio portion of
the Wheeling area. The projected emissions were estimated by Ohio, with
assistance from LADCO and Belmoar using the MOVES2010a model.
Projection modeling of inventory emissions was done for the 2015
interim year emissions using estimates based on the 2009 and 2018 LADCO
modeling inventory, using LADCO's growth factors, for all sectors. The
2022 maintenance year is based on emissions estimates from the 2018
LADCO modeling. Table 7 shows the 2008 attainment base year emission
estimates and the 2015 and 2022 emission projections for the entire
tri-state Wheeling area that Ohio provided in its April 16, 2012,
submission.

 Table 7--Comparison of 2008, 2015 and 2022 NOX, Direct PM2.5 and SO2 Emission Totals (tpy) for the Ohio Portion
                                              of the Wheeling Area
----------------------------------------------------------------------------------------------------------------
                                                              SO2                 NOX                PM2.5
----------------------------------------------------------------------------------------------------------------
2008 (baseline).....................................           15,252.15            7,513.19              496.81
2015................................................            8,885.54            6,369.93              387.93
2022................................................            6,517.16            5,803.97              331.83
Change 2008-2022....................................           -8,734.99           -1,709.22             -164.98
                                                            57% decrease        23% decrease        33% decrease
----------------------------------------------------------------------------------------------------------------

    Table 7 shows that the Ohio portion of the Wheeling area reduced
NOX emissions by 1,709.22 tpy between 2008 and the
maintenance projection to 2022, direct PM2.5 emissions by
164.98 tpy, and reduced SO2 emissions by 8,734 tpy between
2008 and 2022. The 2022 projected emissions levels are significantly
below attainment year inventory levels, and based on the rate of
decline, it is highly improbable that any increases in these levels
will occur in 2023 and beyond.
    EPA has conducted analysis of the area's emission, and has
concluded that the Wheeling area's emissions can be expected to stay
well below the level of emissions from their attainment year emissions
inventory. First, EPA has determined that the overall net rate of
decline in emissions of PM2.5, NOX and
SO2 projected from the attainment year 2008 through 2022 are
approximately 11.8 tpy, 122.1 tpy and 649.6 tpy, respectively. EPA has
also determined that no control measures taken into account in the
projected analysis will end in 2023, nor does EPA expect any change in
growth for the Wheeling area for the maintenance year 2023. The net
rates of decline, coupled with continued control and growth factors,
indicate that emissions inventory levels will not only significantly
decline between 2008 and 2022, but that the reductions will continue
into 2023 and beyond. Second, EPA notes that the rate of emissions
decline is consistent with monitored and projected air quality trends.
As Table 1 demonstrates, monitored PM2.5 design value
concentrations in Wheeling are well below the NAAQS in the years beyond
2008, an attainment year for the area. Further, those values are
trending downward as time progresses. Based on the future projections
of emissions in 2015 and 2022 showing 13 [mu]g/m\3\ provides a
sufficient margin in the unlikely event emissions rise slightly in the
future. We are proposing to find the mobile source contribution to
these emissions insignificant (see section V(5) of this action for
further discussion), and the mobile source contribution is expected to
remain insignificant in 2023 and beyond because of fleet turnover and
engine emission standards in upcoming years that will result in cleaner
vehicles and cleaner fuels.
    As described in section V(3)(b) of this action, the result of
federally-mandated consent decree actions and the shutdown of EGU units
demonstrate that the NOX reductions from power plants in the
Wheeling area have occurred and are mandated to continue to occur in
2023 and beyond. Thus the emissions inventories set forth in Table 7
show that the area will continue to maintain the annual
PM2.5 standard during the maintenance period at least
through 2023. These consent decree actions, along with other consent
decrees in the area, are significant controls of NOX and
SO2, along with implementation of Ohio's SIP approved CAIR
controls for the area.
    In light of the unique circumstances surrounding CAIR and the
Transport Rule discussed in section V(3)(a)(i)(1) of this action, and
for the reasons explained below, EPA proposes to approve the
redesignation request and the related SIP revision for Belmont County
in Ohio, including Ohio's plan for maintaining attainment of the
PM2.5 standard in the Ohio portion of the Wheeling Area. The
air quality modeling analysis conducted for the Transport Rule
demonstrates that the Wheeling area would be able to attain the
PM2.5 standard even in the absence of either CAIR or the
Transport Rule. See ``Air Quality Modeling Final Rule Technical Support
Document,'' App. B, B-62 to B-134. This modeling is available in the
docket for this proposed redesignation action.

    In addition, CAIR remains in place and enforceable until
substituted by a valid replacement rule. Ohio's CAIR SIP was approved
on September 25, 2009 (74 FR 48857). As a result of CAIR, EPA projected
that in 2009 emissions of NOX would decrease from a baseline
of 264,000 tpy to 93,000 tpy while in 2010 emissions of SO2
would decrease from a baseline of 1,373,000 tpy to 298,000 tpy within
Ohio. And by 2015, we project emissions of NOX will decrease
to 83,000 tpy while emissions of SO2 will decrease to
208,000 tpy within Ohio (http://www.epa.gov/CAIR/oh.html). The
monitoring data used to demonstrate the area's attainment of the 1997
Annual PM2.5 NAAQS by the April 2010 attainment deadline was
also impacted by CAIR. To the extent that Ohio is relying on CAIR in
its maintenance plan, the recent directive from the DC Circuit in EME
Homer ensures that the reductions associated with CAIR will be
permanent and enforceable for the necessary time period. EPA has been
ordered by the court to develop a new rule and the opinion makes clear
that after promulgating that new rule EPA must provide states an
opportunity to draft and submit SIPs to implement that rule. CAIR thus
cannot be replaced until EPA has promulgated a final rule through a
notice-and-comment rulemaking process, states have had an opportunity
to draft and submit SIPs, EPA has reviewed the SIPs to determine if
they can be approved, and EPA has taken action on the SIPs, including
promulgating a FIP if appropriate. These steps alone will take many
years, even with EPA and the states acting expeditiously. The court's
clear instruction to EPA that it must continue to administer CAIR until
a ``valid replacement'' exists provides an additional backstop; by
definition, any rule that replaces CAIR and meets the court's direction
would require upwind states to have SIPs that eliminate significant
contributions to downwind nonattainment and prevent interference with
maintenance in downwind areas.
    Further, in vacating the Transport Rule and requiring EPA to
continue administering CAIR, the DC Circuit emphasized that the
consequences of vacating CAIR ``might be more severe now in light of
the reliance interests accumulated over the intervening four years.''
EME Homer, slip op. at 60. The accumulated reliance interests include
the interests of states who reasonably assumed they could rely on
reductions associated with CAIR which brought certain nonattainment
areas into attainment with the NAAQS. If EPA were prevented from
relying on reductions associated with CAIR in redesignation actions,
states would be forced to impose additional, redundant reductions on
top of those achieved by CAIR. EPA believes this is precisely the type
of irrational result the court sought to avoid by ordering EPA to
continue administering CAIR. For these reasons also, EPA believes it is
appropriate to allow states to rely on CAIR, and the existing emissions
reductions achieved by CAIR, as sufficiently permanent and enforceable
for purposes such as redesignation. Following promulgation of the
replacement rule, EPA will review SIPs as appropriate to identify
whether there are any issues that need to be addressed.
    Based on the information summarized above, Ohio has adequately
demonstrated maintenance of the PM2.5 standard in this area
for a period extending in excess of ten years from expected final
action on Ohio's redesignation request.
d. Monitoring Network
    Ohio's plan includes a commitment to continue working with West
Virginia to operate its EPA-approved monitoring network, as necessary
to demonstrate ongoing compliance with the NAAQS. Ohio currently does
not operate a PM2.5 monitor in Belmont County to monitor the
Ohio portion of the Wheeling area. West Virginia currently operates one
monitor in Marshall County and one monitor in Ohio County for the
Wheeling area.
e. Verification of Continued Attainment
    Ohio remains obligated to continue to quality-assure monitoring
data and enter all data into the Air Quality System in accordance with
Federal guidelines. Ohio will use these data, supplemented with
additional information as necessary, to assure that the area continues
to attain the standard. Ohio will also continue to develop and submit
periodic emission inventories as required by the Federal Consolidated
Emissions Reporting Rule (67 FR 39602, June 10, 2002) to track future
levels of emissions. Both of these actions will help to verify
continued attainment in accordance with 40 CFR part 58.
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all measures with respect to control of the pollutant(s) that
were contained in the SIP before redesignation of the area to
attainment. See section 175A(d) of the CAA. Ohio's contingency measures
include a Warning Level Response and an Action Level Response. An
initial Warning Level Response is triggered when the average weighted
annual mean for one year exceeds 15.5 [mu]g/m\3\. In that case, a study
will be conducted to determine if the emissions trends show increases;
if action is necessary to reverse emissions increases, Ohio will follow
the same procedures for control selection and implementation as for an
Action Level Response.
    The Action Level Response will be prompted by any one of the
following: a Warning Level Response study that shows emissions
increases, a weighted annual mean over a two-year average that exceeds
the standard or a violation of the standard. If an Action Level
Response is triggered, Ohio will adopt and implement appropriate
control measures within 18 months from the end of the year in which
monitored air quality triggering a response occurs.
    Ohio's candidate contingency measures include the following:
    i. ICI Boilers--SO2 and NOX controls;
    ii. Process heaters;
    iii. EGUS;
    iv. Internal combustion engines;
    v. Combustion turbines;
    vi. Other sources > 100 TPY;
    vii. Fleet vehicles;
    viii. Concrete manufacturers and;
    ix. Aggregate processing plants.
    Ohio further commits to conduct ongoing review of its data, and if
monitored concentrations or emissions are trending upward, Ohio commits
to take appropriate steps to avoid a violation if possible. Ohio
commits to continue implementing SIP requirements upon and after
redesignation.
    EPA believes that Ohio's contingency measures, as well as the
commitment to continue implementing any SIP requirements, satisfy the
pertinent requirements of section 175A(d).

    As required by section 175A(b) of the CAA, Ohio commits to submit
to the EPA an updated PM2.5 maintenance plan eight years
after redesignation of the Wheeling area to cover an additional ten-
year period beyond the initial ten-year maintenance period. As required
by section 175A of the CAA, Ohio has also committed to retain the
PM2.5 control measures contained in the SIP prior to
redesignation.
    For all of the reasons set forth above, EPA is proposing to approve
Ohio's 1997 annual PM2.5 maintenance plan for the Wheeling
area as meeting the requirements of CAA section 175A.

5. Insignificance Determination for the Mobile Source Contribution to
PM2.5 and NOX

    Under section 176(c) of the CAA, transportation plans and
transportation improvement programs (TIPs) must conform to applicable
SIP goals. This means that such actions will not: (1) Cause or
contribute to violations of a NAAQS; (2) worsen the severity of an
existing violation; or (3) delay timely attainment of a NAAQS or any
interim milestone. Actions involving Federal Highway Administration
(FHWA) or Federal Transit Administration (FTA) funding or approval are
subject to the Transportation Conformity Rule (40 CFR part 93 subpart
A). Under this rule, MPOs in nonattainment and maintenance areas
coordinate with state air quality agencies and federak aur abd
transportation agencies (EPA, FHWA and FTA) to demonstrate that their
metropolitan transportation plans (``plans'') and TIPs conform to
applicable SIPs. This is typically determined by showing that estimated
emissions from existing and planned highway and transit systems are
less than or equal to the motor vehicle emissions budgets contained in
a SIP.
    For budgets to be approvable, they must meet, at a minimum, EPA's
adequacy criteria (40 CFR 93.118(e)(4)). However, the Transportation
Conformity Rule at 40 CFR 93.109(m) allows areas to forgo establishment
of a budget(s) where it is demonstrated that regional motor vehicle
emissions for a particular pollutant or precursor pollutant are an
insignificant contributor to the air quality problem in the area. The
general criteria for insignificance determinations per 40 CFR 93.109(m)
are based on a number of factors, including (1) the percentage of motor
vehicle emissions in context of the total SIP inventory; (2) the
current state of air quality as determined by monitoring data for that
NAAQS; (3) the absence of SIP motor vehicle control measures; and (4)
historical trends and future projections of the growth of motor vehicle
emissions in the area.
    The redesignation request that Ohio submitted for its portion of
the Wheeling area includes a request for EPA to make an insignificance
finding for NOX and directly emitted PM2.5 for
the Ohio portion of the Wheeling PM2.5 nonattainment area.
Pursuant to Section 93.118(e)(4) and 93.109(k) of the Transportation
Conformity Rule, as part of the review of Ohio's redesignation request
and maintenance plan submittal, we have reviewed Ohio's justification
for the finding of insignificance for direct PM2.5 and also
for NOX as a precursor of PM2.5 in the Ohio
portion of the Wheeling area. EPA agrees with Ohio's conclusion that
on-road emissions of PM2.5 and NOX in Belmont
County, Ohio, are insignificant for transportation conformity purposes.
We base our finding on several factors:

--The fact that the area has been determined to attain the annual
PM2.5 standard, and continues to attain the standard with
the most recent three years of complete, quality-assured monitoring
data;
--The absence of local on-road control measures; and
--The continued downward trend, historically and in modeled future
projections, of on-road NOX and PM2.5 emissions
from 2005-2022.

    Consistent with EPA's adequacy review of Ohio's redesignation
request and maintenance plan and the Agency's thorough review of the
entire SIP submission, EPA is proposing to approve Ohio's
insignificance determination for the on-road motor vehicle contribution
of NOX and PM2.5 emissions to the overall
PM2.5 emissions in the Ohio portion of the Wheeling
PM2.5 area.
    Because EPA finds that Ohio's submitted maintenance plan and
redesignation request meets the criteria in the conformity rule for an
insignificance finding for motor vehicle emissions of NOX
and PM2.5 in the Ohio portion of the Wheeling
PM2.5 area, it is not necessary to establish
PM2.5 and NOX budgets for the Ohio portion of the
Wheeling PM2.5 area. That is, EPA finds that the submittal
demonstrates that, for NOX and PM2.5, regional
motor vehicle emissions are an insignificant contributor to the annual
PM2.5 air quality problem in the combined Wheeling area.
Motor vehicle emissions in general, for the maintenance period of 2015
and 2022, are low and declining in the Ohio portion of the area, and in
the combined Wheeling area overall. In 2015 the percentage contribution
to emissions from the combined Wheeling area from motor vehicles is
2.1% and 12.4% for NOX and PM2.5, respectively.
In 2022, motor vehicles in the combined Wheeling area are projected to
contribute only 1.3% and 6.4% of emissions for NOX, and
PM2.5, respectively, with the decrease due to Federal
regulations on motor vehicle rules such as Heavy-duty Highway Vehicle
standards and Tier 2 vehicle and fuel standards. Also, there have been
no SIP requirements for motor vehicle control measures for the Ohio
portion of the area and it is unlikely that motor vehicle control
measures will be implemented for PM2.5 in this area in the
future.
    Finally, as described above, the area has attained the 1997 annual
PM2.5 NAAQS and we are proposing to approve the maintenance
plan and redesignation request for the Ohio portion of the area.
Therefore motor vehicle emissions budgets for PM2.5 and
NOX are not required for the Wheeling area to maintain the
1997 annual PM2.5 NAAQS. EPA is proposing to approve the
inventory and the findings of insignificant contribution by motor
vehicles, resulting in no proposed motor vehicle emissions budgets for
the Ohio portion of the Wheeling area for 2015 and 2022 projected
maintenance years. On-road emissions were calculated using the EPA
required MOVES2010a model.
    With regard to on-road emissions of SO2, volatile
organic compounds and ammonia, Ohio did not provide emission budgets
(or an insignificance demonstration) because it concluded, consistent
with EPA's presumptions regarding these PM2.5 precursors,
that emissions of these precursors from motor vehicles are not
significant contributors to the area's PM2.5 air quality
problem.
    As discussed in section V(4)(c) of this action, EPA is proposing
that if this approval is finalized in 2013 the area will continue to
maintain the PM2.5 standard through at least 2023.
Consistent with this proposal, EPA is proposing to determine the
insignificance of motor vehicle emissions of NOX and
PM2.5 as submitted by the State in its April 16, 2012,
maintenance plan for the Ohio portion of the Wheeling area. EPA is
proposing that the proposed finding insignificance of these emissions
is consistent with maintenance of the Ohio portion of the Wheeling area
through 2023.

6. 2005 Comprehensive Emissions Inventory

    As discussed above, section 172(c)(3) of the CAA requires areas to
submit a

comprehensive emissions inventory. Ohio submitted a 2005 base year
emissions inventories that meets this requirement. Emissions contained
in the submittals cover the general source categories of point sources,
area sources, on-road mobile sources, and nonroad mobile sources.
    For the point source sector, EGU SO2 and NOX
emissions were derived from EPA's Clean Air Market's database. All
other point source emissions were obtained from Ohio's source facility
emissions reporting.
    Area source emissions were extrapolated from Ohio's 2005 periodic
emissions inventories. Source growth factors were supplied by LADCO.
    Nonroad mobile source emissions were extrapolated from nonroad
mobile source emissions reported in EPA's 2005 NEI. LADCO estimated
emissions for commercial marine vessels and railroads.
    On-road mobile source emissions were calculated using EPA's mobile
source emission factor model, MOVES2010a, in conjunction with roadway
network traffic information prepared by Belmoar.
    All emissions discussed in Table 4 were documented in the submittal
and the Appendices of Ohio's redesignation request submittal. EPA has
reviewed Ohio's documentation of the emissions inventory techniques and
data sources used for the derivation of the 2005 emissions estimates
and has found that Ohio has thoroughly documented the derivation of
these emissions inventories. The submittal from the state shows that
the 2005 emissions inventory is currently the most complete emissions
inventories for PM2.5 and PM2.5 precursors in the
Wheeling area. Based upon EPA's review, we propose to find that the
2005 emissions inventories are as complete and accurate as possible
given the input data available to the Ohio, and we are proposing to
approve them under CAA section 172(c)(3).

7. Summary of Proposed Actions

    EPA has previously determined that the Wheeling area has attained
the 1997 annual PM2.5 NAAQS. EPA is proposing to determine
that the entire Wheeling area continues to attain the 1997 annual
PM2.5 standard using the latest three years of certified,
quality-assured data, and that the Ohio portion of the area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
EPA is proposing to approve the request from Ohio to change the legal
designation of the Ohio portion of the Wheeling area from nonattainment
to attainment for the 1997 annual PM2.5 NAAQS. EPA is
proposing to approve Ohio's PM2.5 maintenance plan for the
Wheeling area as a revision to the Ohio SIP because the plan meets the
requirements of section 175A of the CAA. EPA is proposing to approve
the 2005 emissions inventories for primary PM2.5,
NOX, and SO2, documented in Ohio's April 16,
2012, submittal as satisfying the requirement in section 172(c)(3) of
the CAA for a comprehensive, current emission inventory. Finally, for
transportation conformity purposes EPA is also proposing to approve
Ohio's determination that on-road emissions of PM2.5 and
NOX are insignificant contributors to PM2.5
concentrations in the area.

VI. What are the effects of EPA's proposed actions?

    If finalized, approval of the redesignation request would change
the official designation of the Ohio portion of the Wheeling area for
the 1997 annual PM2.5 NAAQS, found at 40 CFR part 81, from
nonattainment to attainment. If finalized, EPA's proposal would approve
as a revision to the Ohio SIP for the Wheeling area, the maintenance
plan for the 1997 annual PM2.5 standard as well as the 2005
emissions inventories included with the redesignation request.

VII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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 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, these actions:
     Are 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);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.

40 CFR Part 81

    Air pollution control, Environmental protection, National Parks,
Wilderness.

    Dated: November 15, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-29005 Filed 11-29-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Notices]
[Pages 29230-29231]
[FR Doc No: 2011-12438]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2719-004; ER10-2718-004; ER10-2578-006; ER10-
2633-004; ER10-2570-004; ER10-2717-004; ER10-3140-004.
    Applicants: Cogen Technologies Linden Venture, L.P., Birchwood
Power Partners, L.P., Shady Hills Power Company, L.L.C., EFS Parlin
Holdings, LLC, Fox Energy Company, LLC, Inland Empire Energy Center,
LLC, East Coast Power Linden Holding, LLC.
    Description: Notice of Non-Material Change in Status of East Coast
Power Linden Holding, LLC, et al.
    Filed Date: 05/13/2011.
    Accession Number: 20110513-5057.
    Comment Date: 5 p.m. Eastern Time on Friday, June 3, 2011.

    Docket Numbers: ER11-3560-000.
    Applicants: ISO New England Inc., The United Illuminating Company.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii: Revisions to Schedule 21--UI to be effective 6/1/2011.
    Filed Date: 05/13/2011.
    Accession Number: 20110513-5019.
    Comment Date: 5 p.m. Eastern Time on Friday, June 3, 2011.

    Docket Numbers: ER11-3561-000.
    Applicants: MP2 Energy LLC.
    Description: MP2 Energy LLC submits tariff filing per 35.12: Market
Based Rate Application to be effective 5/14/2011.
    Filed Date: 05/13/2011.
    Accession Number: 20110513-5031.
    Comment Date: 5 p.m. Eastern Time on Friday, June 3, 2011.

    Docket Numbers: ER11-3562-000.
    Applicants: Southwestern Electric Power Company.
    Description: Southwestern Electric Power Company submits tariff
filing per 35.13(a)(2)(iii: 20110513 Minden PSA to be effective 12/17/
2010.
    Filed Date: 05/13/2011.
    Accession Number: 20110513-5035.
    Comment Date: 5 p.m. Eastern Time on Friday, June 3, 2011.

    Docket Numbers: ER11-3563-000.
    Applicants: Southwestern Electric Power Company.
    Description: Southwestern Electric Power Company submits tariff
filing per 35.13(a)(2)(iii: 20110513 Prescott PSA to be effective 12/
17/2010.
    Filed Date: 05/13/2011.
    Accession Number: 20110513-5036.
    Comment Date: 5 p.m. Eastern Time on Friday, June 3, 2011.

    Docket Numbers: ER11-3564-000.
    Applicants: ISO New England Inc.
    Description: First Quarter Capital Budget Report of ISO New England
Inc.
    Filed Date: 05/13/2011.
    Accession Number: 20110513-5060.
    Comment Date: 5 p.m. Eastern Time on Friday, June 3, 2011.

    Docket Numbers: ER11-3565-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per 35.13(a)(2)(iii:
PAC Energy NITSA Rev 8 to be effective 4/14/2011.
    Filed Date: 05/13/2011.
    Accession Number: 20110513-5063.
    Comment Date: 5 p.m. Eastern Time on Friday, June 3, 2011.

    Docket Numbers: ER11-3566-000.
    Applicants: Kansas City Power & Light Company.
    Description: Kansas City Power & Light Company submits tariff
filing per 35.13(a)(2)(iii: KCP&L RS 130 Baseline & Amendment to be
effective 6/1/2011.
    Filed Date: 05/13/2011.
    Accession Number: 20110513-5068.
    Comment Date: 5 p.m. Eastern Time on Friday, June 3, 2011.

    Docket Numbers: ER11-3567-000.
    Applicants: New Brunswick Power Generation Corporation.
    Description: New Brunswick Power Generation Corporation submits
tariff filing per 35: Market Based Rates Filing to be effective 5/13/
2011.
    Filed Date: 05/13/2011.
    Accession Number: 20110513-5069.
    Comment Date: 5 p.m. Eastern Time on Friday, June 3, 2011.

    Docket Numbers: ER11-3568-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii: FTR Enhancements to be effective 7/13/2011.
    Filed Date: 05/13/2011.
    Accession Number: 20110513-5084.
    Comment Date: 5 p.m. Eastern Time on Friday, June 3, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings

must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5 p.m. Eastern time on the specified comment date. It is not
necessary to separately intervene again in a subdocket related to a
compliance filing if you have previously intervened in the same docket.
Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Anyone filing a motion to intervene or
protest must serve a copy of that document on the Applicant. In
reference to filings initiating a new proceeding, interventions or
protests submitted on or before the comment deadline need not be served
on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 13, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-12438 Filed 5-19-11; 8:45 am]
BILLING CODE 6717-01-P