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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Rules and Regulations]
[Page 2156-2159]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja08-5]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-1010; FRL-8515-6]

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

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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

DATES: This rule is effective on March 14, 2008 without further notice,
unless EPA receives adverse written comment by February 13, 2008. If
EPA receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-1010 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: febbo.carol@epa.gov.
C. Mail: EPA-R03-OAR-2007-1010, Carol Febbo, Chief, Energy,
Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-1010. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.
The http://www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-mail
comment directly to EPA without going through http://www.regulations.gov,
your e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on the

[[Page 2157]]

Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
or in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street, SE., Charleston,
WV 25304.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by
e-mail at kotsch.martin@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'',
``us'', or ``our'' is used, we mean EPA.

Table of Contents

I. Background
II. Summary of West Virginia's SIP Revision and EPA's Review
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

On July 11, 2006 (71 FR 39001) EPA redesignated the Charleston area
of West Virginia to attainment for the 8-hour ozone NAAQS. For the
Charleston area, the redesignation included approval of an 8-hour ozone
maintenance plan, which identifies on-road MVEBs for VOCs and
NO_X, which are ozone precursors, which are then used for
transportation planning and conformity purposes. Subsequently after the
SIP approval by EPA, West Virginia discovered that the MVEBs which were
included in the previously approved maintenance plan did not provide a
sufficient buffer to account for unforseen future growth or significant
changes in the planning assumption data which was used in developing
the original MVEBs in its November 2005 submission.

II. Summary of West Virginia's SIP Revision and EPA's Review 2009 and
2018 Motor Vehicle Emission Budgets

On January 8, 2007, the State of West Virginia submitted to EPA a
formal revision to its State Implementation Plan (SIP). The SIP
revision proposes new MVEBs to reflect the reallocation of a portion of
the differences (safety margins) between the total base year and total
projected 2009 and 2018 emissions which produces an increase in the
MVEBs. The base year is 2004 for the Charleston area. By increasing the
MVEBs, the West Virginia Department of Environmental Protection (WVDEP)
is ensuring that transportation conformity can be demonstrated in the
Charleston area. The January 8, 2007 submittal, while increasing the
MVEBs still ensures maintenance of the NAAQS for ozone for the
Charleston area.
Tables 1 and 2 and the discussion that follows describes the basis
of the new MVEBs for the Charleston area.

Table 1.--Charleston Area Reallocation of Safety Margin to the MVEBs
----------------------------------------------------------------------------------------------------------------
2009 2018
2004 base year projection projection
----------------------------------------------------------------------------------------------------------------
Current MVEBs in the Approved Maintenance Plan (Tons/Day)
----------------------------------------------------------------------------------------------------------------
VOC............................................................. 16.1 11.6 7.2
NO_X............................................................. 26.4 19.8 8.2
----------------------------------------------------------------------------------------------------------------
Proposed MVEBs in the Revised Maintenance Plan (Tons/Day)
----------------------------------------------------------------------------------------------------------------
VOC............................................................. 16.1 12.9 7.5
NO_X............................................................. 26.4 22.9 9.5
----------------------------------------------------------------------------------------------------------------

Table 2.--Charleston Area Total Emissions (Point, Area and Mobile) Before and After Reallocation of Safety
Margin to the MVEBs (Tons/Day)
----------------------------------------------------------------------------------------------------------------
2009 2018
2004 base year projection projection
----------------------------------------------------------------------------------------------------------------
Current Total Emissions in the Approved Maintenance Plan
----------------------------------------------------------------------------------------------------------------
VOC............................................................. 52.3 46.8 45.1
NO_X............................................................. 129.4 102.4 80.6
----------------------------------------------------------------------------------------------------------------
Proposed Total Emissions in the Revised Maintenance Plan
----------------------------------------------------------------------------------------------------------------
VOC............................................................. 52.3 48.1 45.4
NO_X............................................................. 129.4 105.5 81.9
----------------------------------------------------------------------------------------------------------------

For the Charleston, West Virginia 8-hour ozone maintenance area
addressed herein, the WVDEP recalculated the 2009 and 2018 MVEBs using
revised planning data which became available after the original
maintenance plan was submitted to EPA on November 30, 2005. The 2009
and 2018 MVEBs for VOCs and NO_X emissions listed above in
Table 1 under the Proposed MVEBs in the Revised Maintenance Plan section

[[Page 2158]]

will serve as the new MVEBs for transportation conformity planning.
As shown in Table 1, the State has proposed reallocating some of
the previous safety margin into the MVEBs for both VOCs and
NO_X. The remaining surplus emissions have been reserved as
residual safety margins in the total maintenance budgets to ensure
continued maintenance of the 8-hour ozone NAAQS.
To explain how the safety margins are determined and allocated, the
VOC emissions for the Charleston area may be used as an example. In
Table 2, listed under the Current Total Emissions in the Approved
Maintenance Plan section, the total 2004 base year VOC emissions are
52.3 tons/day (tpd), which is the maximum amount of VOC emissions
consistent with maintenance of the 8-hour ozone NAAQS. The total
projected 2009 emissions are 46.8 tpd, which provides a 5.5 tpd VOC
safety margin (i.e., the ozone NAAQS would continue to be maintained if
total VOC emissions increased as much as 5.5 tpd above the projected
2009 emissions of 46.8 tpd). In the Proposed Total Emissions in the
Revised Maintenance Plan section the total projected emissions for 2009
would be increased by 1.3 tpd through the increase in the allowable
mobile emissions for VOC while still leaving a safety margin of 4.2
tpd. Therefore, even with the reallocation of some of the current
safety margin into the MVEBs, the State of West Virginia has left a
safety margin for any other unforseen growth.

III. Final Action

EPA is approving West Virginia's January 8, 2007 SIP revision
submittal which amends the 8-hour ozone maintenance plans for the
Charleston area. These revisions amend the maintenance plans' 2009 and
2018 MVEBs to reflect the reallocation of a portion of the plans'
safety margins which results in an increase in the MVEBs. EPA is
approving this SIP revision to the maintenance plan for the Charleston
area because the January 8, 2007 submittal continues to demonstrate
maintenance of the 8-hour ozone NAAQS. EPA is publishing this rule
without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment, since no
significant adverse comments were received on the SIP revision at the
State level. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on March 14, 2008 without further
notice unless EPA receives adverse comment by February 13, 2008.
If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time

IV. Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (59 FR 22951, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it approves a state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 14, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action to approve the revised motor vehicle emission budgets for
the 8-hour Charleston Maintenance Plan may not

[[Page 2159]]

be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

Dated: December 27, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.

• 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

• 1. The authority citation for part 52 continues to read as follows:

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

Subpart XX--West Virginia

• 2. In Sec. 52.2520, the table in paragraph (e) is amended by revising
the entry for the 8-Hour Ozone Maintenance Plan for the Charleston, WV
Area at the end of the table to read as follows:

Sec. 52.2520 Identification of plan.

* * * * *
(e) * * *

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

* * * * * * *
8-Hour Ozone Maintenance Plan Charleston Area 11/30/05 7/11/06 71 FR 39001
for the Charleston, WV Area. (Kanawha and
Putnam Counties).
01/08/07 1/14/08 [Insert Action includes
page number where approval of the
the document following new
begins]. motor vehicle
emission budgets
(MVEBs): 22.9
tons day (tpd)
for 2009 and 9.5
tpd for 2018 for
NO_X and 12.9 tpd
for 2009 and 7.5
tpd for 2018 for
VOC.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-263 Filed 1-11-08; 8:45 am]
BILLING CODE 6560-50-P

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

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