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51459
Federal Register
/Vol. 68, No. 166/Wednesday, August 27, 2003/Rules and Regulations
ENVIRONMENTAL PROTECTIONAGENCY40 CFR Parts 52 and 81
[WV061
 –
6031a; FRL
 –
7549
 –
1]
Approval and Promulgation of AirQuality Implementation Plans; WestVirginia; Redesignation of theFollansbee PM
10
Nonattainment AreaTo Attainment and Approval of theAssociated Maintenance Plan
AGENCY
:
Environmental ProtectionAgency (EPA).
ACTION
:
Direct final rule.
SUMMARY
:
EPA is taking direct finalaction to approve a request from theState of West Virginia to redesignate theFollansbee area of Brooke County, WestVirginia (Follansbee area) fromnonattainment to attainment for thenational ambient air quality standards(NAAQS) for particulate matter with anaerodynamic diameter less than or equalto a nominal 10 microns (PM
10
). EPA isalso approving the plan for maintainingthe PM
10
standard in the Follansbee areaand contingency measures as revisionsto the West Virginia StateImplementation Plan (SIP). Approval of the maintenance plan will put a plan inplace for maintaining the PM
10
standardfor the next ten years in the Follansbeearea. EPA is approving the redesignationrequest, the maintenance plan and thecontingency measures in accordancewith the requirements of the Clean AirAct (CAA).
DATES
:
This rule is effective on October27, 2003 without further notice, unlessEPA receives adverse written comment by September 26, 2003. If EPA receivessuch comments, it will publish a timelywithdrawal of the direct final rule in the
Federal Register
and inform the publicthat the rule will not take effect.
ADDRESSES
:
Comments may besubmitted either by mail orelectronically. Written commentsshould be mailed to Makeba Morris,Chief, Air Quality Planning Branch,Mailcode 3AP21, U.S. EnvironmentalProtection Agency, Region III, 1650Arch Street, Philadelphia, Pennsylvania19103. Electronic comments should besent either to
morris.makeba@epa.gov 
orto
http://www.regulations.gov 
, which isan alternative method for submittingelectronic comments to EPA. To submitcomments, please follow the detailedinstructions described in Part V of theSupplementary Information section.Copies of the documents relevant to thisaction are available for publicinspection during normal businesshours at the Air Protection Division,U.S. Environmental Protection Agency,Region III, 1650 Arch Street,Philadelphia, Pennsylvania 19103; theAir and Radiation Docket andInformation Center, U.S. EnvironmentalProtection Agency, 1301 ConstitutionAvenue, NW., Room B108, Washington,DC 20460; and West VirginiaDepartment of EnvironmentalProtection, Division of Air Quality, 7012MacCorkle Avenue, SE., Charleston,West Virginia 25304
–
2943.
FOR FURTHER INFORMATION CONTACT
:
 Ruth Knapp, (215) 814
–
2191, or by e-mail at
knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION
:
 Throughout this document wherever
‘‘
we,
’’
 
‘‘
us,
’’
or
‘‘
our
’’
is used we meanEPA.
Table of Contents
IntroductionI. Area Designated Nonattainment for PM
10
 II. Geographic Boundaries of the PM
10
 Nonattainment AreaIII. Criteria for RedesignationIV. Analysis of How the State Met the Criteriafor RedesignationA. Data Shows Attainment of the PM
10
 NAAQS in the Follansbee AreaB. Fully Approved SIP Under Section110(k) of the CAA1. Section 110 Requirements2. Part D Requirementsa. Subparts 1 and 4 of Part D
—
Sections172(c) and 189(a) Provisions b. Subpart 1 of Part D
—
Section 176Conformity ProvisionsC. The Improvement in Air Quality is Dueto Permanent and Enforceable MeasuresD. The Maintenance Plan Under Section175A1. Maintenance Plan Requirementsa. Emissions inventory b. Maintenance demonstrationc. Commitment to continue monitoring airqualityd. Verification of continued attainmente. Contingency plan2. Commitment to Submit SubsequentMaintenance Plan RevisionsE. The Submittal Meets the ApplicableRequirements of Section 110 and Part DV. Final ActionVI. Statutory and Executive Order ReviewsA. General RequirementsB. Submission to Congress and theComptroller GeneralC. Petitions for Judicial Review
Introduction
Under the CAA, EPA may redesignateareas to attainment if sufficient data areavailable to warrant such changes andthe area meets the criteria contained insection 107(d)(3) of the Act. Thisincludes full approval of a maintenanceplan for the area. EPA may approve amaintenance plan which meets therequirements of section 175A of theCAA. On May 12, 2003, the State of West Virginia submitted a redesignationrequest and maintenance plan for theFollansbee PM
10
moderatenonattainment area. When approved,the section 175A maintenance plan will become a Federally enforceable part of the West Virginia SIP for this area.
I. Area Designated Nonattainment forPM
10
 
On November 15, 1990, the Clean AirAct (CAA) amendments were enacted.Pursuant to section 107(d)(4)(B), theFollansbee area in Brooke County, WestVirginia was designated nonattainment by operation of law. The nonattainmentclassification and designation of Follansbee as a moderate PM
10
area wascodified in 40 CFR part 81 on November6, 1991 (56 FR 56848). Prior toenactment of the CAA amendments thisarea along with a portion of JeffersonCounty, Ohio near Steubenville wasclassified as a single Group I PM
10
 nonattainment area. Under the 1990CAA amendments, these two adjacentareas were each designated by operationof law as nonattainment areas. Althoughthe State of West Virginia and the Stateof Ohio worked together to provide anattainment demonstration for both theFollansbee, West Virginianonattainment area and the JeffersonCounty, Ohio nonattainment area, eacharea is treated separately for purposes of redesignation. Specific information onthe Jefferson County, Ohio area
’
sredesignation to attainment can befound in EPA
’
s approval of the State of Ohio
’
s redesignation request andmaintenance plan for Jefferson County.(
See
December 11, 2000, 65 FR 77308).
II. Geographic Boundaries of the PM
10
 Nonattainment Area
The Follansbee PM
10
nonattainmentarea in Brooke County, West Virginia is bounded on the north by the MarketStreet Bridge, on the east by WestVirginia Route 2, on the south by theextension of the southern boundary of Steubenville Township in JeffersonCounty, Ohio, and on the west by theOhio/West Virginia border.The adjacent Jefferson County, Ohioarea is bounded by Market Street (StateRoute 43) from the West Virginia /Ohio border west to Sunset Boulevard (U.S.Route 22), Sunset Boulevard west to theSteubenville Township /Cross CreekTownship boundary, the Township boundary south to the SteubenvilleCorporation limit, the corporation boundary east to State Route 7, StateRoute 7 South to the SteubenvilleTownship /Wells Township boundary,the Township boundary east to the WestVirginia Ohio border, and North on the border to Market Street.
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51460
Federal Register
/Vol. 68, No. 166/Wednesday, August 27, 2003/Rules and Regulations
III. Criteria for Redesignation
Section 107(d)(3)(E) of the CAAspecifies five requirements that must bemet to redesignate an area fromnonattainment to attainment as follows:
1. The area has attained the applicableNAAQS;2. The area has a fully approved SIP undersection 110(k);3. The air quality improvement ispermanent and enforceable;4. The area has a fully approvedmaintenance plan pursuant to section 175A;and5. The area has met all relevantrequirements under section 110 and part D of the Act.
IV. Analysis of How the State Met theCriteria for Redesignation
The EPA has reviewed theredesignation request submitted by WestVirginia for the Follansbeenonattainment area and finds that therequest meets the five requirements of section 107(d)(3)(E).
A. Data Shows Attainment of the PM 
10
 NAAQS in the Follansbee Area
For purposes of assessing air quality,monitoring data in both West Virginiaand Ohio was reviewed. The monitor inBrooke County, West Virginia hasalways been located outside the boundary of the nonattainment area butis included in the review to provide anoverall picture of air quality in the area.Three monitors are currently operatingin the Jefferson County, Ohio areapreviously described in section IIentitled, Geographic Boundaries. Theredesignation request is based upon thethree most recent years of quality-assured PM
10
air monitoring data (1999
–
2001) available during preparation of the May 12, 2003 submittal. The PM
10
 NAAQS includes both a daily and anannual standard. An area is attaining thedaily and annual NAAQS if there are noviolations, as determined in accordancewith 40 CFR 50.6 and appendix K, based upon three complete consecutivecalendar years of quality assuredmonitoring data. The daily standard ismet if the expected frequency of valuesabove 150 ug/m
3
is 1.0 or less. The datamust be collected and quality assured inaccordance with 40 CFR part 58, andrecorded in the Aerometric InformationRetrieval System (AIRS) now known asthe Air Quality System (AQS).West Virginia
’
s formal submittalincluded data from 1990 through 2002.This data shows that the area has notrecorded any exceedances of the dailyNAAQS in the past decade. The formalredesignation request is based upon datafrom 1999 through 2001. This data has been quality assured and recorded inAQS. During the 1999 through 2001time period, there were no actualexceedances of the daily standard, andthe average number of expectedexceedances is less than 1.0 for the sametime period. During 2002, noexceedances were recorded. Therefore,the area has attained and continues toattain the daily NAAQS. During 1999through 2002 the maximum annualaverage recorded at these sites was 35ug/m3. As the annual standard is basedon the average annual mean over threeyears, the area has attained andcontinues to attain the annual PM
10
 standard. Since the area has attained thedaily and annual NAAQS based uponthe most recent three years of quality-assured data available duringpreparation of the May 12, 2003submittal, and continues to attain theNAAQS, the first criterion of section107(d)(3)(E) has been satisfied. WestVirginia has committed to continuemonitoring in Brooke County inaccordance with 40 CFR parts 53 and58.
B. Fully Approved SIP Under Section110(k) of the CAA
1. Section 110 RequirementsOn November 15, 1991, West Virginiasubmitted an attainment plan to EPAconsisting of an attainmentdemonstration and control measures forthe Follansbee area. On July 25, 1994(59 FR 37696) EPA took a limitedapproval/limited disapproval action onthe submittal. EPA fully approved thecontrol measures portion of the plan, but disapproved the attainmentdemonstration and took no action on thecontingency measures with specificregard to section 172(c)(9) of the CAA.On November 22, 1995, West Virginiasubmitted a revised attainmentdemonstration, and EPA approved thatattainment demonstration on November15, 1996 (61 FR 58481) but did not takeaction on the contingency measures. Inthis rulemaking, EPA is approving thecontingency measures submitted onNovember 15, 1991 as fulfilling therequirements of section 172(c)(9).Therefore, EPA fully approved allapplicable requirements of section110(a)(2)(I) of the Act, including allapplicable requirements of part D(relating to nonattainment), which weredue prior to the time of theredesignation request.2. Part D RequirementsPart D of the CAA contains generalprovisions that apply to allnonattainment plans and certainsections that apply to specificpollutants. Before EPA may redesignatethe Follansbee PM
10
nonattainment areato attainment, the SIP must havefulfilled the applicable requirements of part D. Under part D, an area
’
sclassification indicates the requirementsto which it is subject. Subpart 1 of partD sets forth the basic nonattainmentrequirements applicable to allnonattainment areas. EPA designatedthe Follansbee area of Brooke County asa moderate PM
10
nonattainment area onNovember 6, 1991 (codified at 40 CFR81.339). Therefore, to be redesignated toattainment, the area must meet theapplicable requirements of subpart 1 of part D, specifically sections 172(c) and176. Section 189(a) of subpart 4 of theCAA also must be met.a. Subparts 1 and 4 of Part D
—
Sections172(c) and 189(a) ProvisionsSubpart 1 of part D addressesnonattainment areas in general andsubpart 4 addresses PM
10
nonattainmentareas specifically. Except forcontingency measures, all the relevantSIP elements required under sections172(c) and 189(a) including anemissions inventory, ReasonablyAvailable Control Measures (RACM);and an attainment demonstration wereapproved by EPA on July 25, 1994 (59FR 37696) and, November 15, 1996 (61FR 58481). Although contingencymeasures were contained in consentorders that were fully approved andincorporated into the West Virginia SIP by EPA on July 25, 1994 (59 FR 37696),our approval did not specifically takeaction to approve them as contingencymeasures pursuant to section 172(c)(9)at that time. However, as the consentorders
’
requirements were made part of the Federally approved SIP, if the areahad not reached attainment, theadditional reductions from thesemeasures would have beenimplemented. Within 365 days of receiving notice that attainment had not been achieved, the following sourceswould have implemented additionalPM
10
emission reductions: FollansbeeSteel would have obtained additionalPM
10
actual reductions of 0.22 lbs/hrand 0.96 tpy; Wheeling Pittsburgh Steelwould have achieved additional actualreductions of 6.5 lbs/hr and 28.5 tpy;International Mill Services would haveobtained actual reductions of 0.1 lbs/hrand 0.4 tpy; and Koppers Industrieswould add additional dust control onaccess roads. Since the area did attainthe standard, these measures were nottriggered. Given that the Follansbee areadid attain the standard and is beingredesignated to attainment, it may beargued that the need for EPA to approvethese SIP-approved measures ascontingency measures specifically
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Federal Register
/Vol. 68, No. 166/Wednesday, August 27, 2003/Rules and Regulations
pursuant to section 172(c)(9) is moot.Nonetheless, EPA is now approvingthese measures as meeting the criteria of section 172(c)(9) for contingencymeasures in order to be clear that thearea has a full approved plan for allapplicable Part D requirements. TheFederal requirements for new sourcereview (NSR) in nonattainment areas arecontained in section 172(c)(5). EPAguidance indicates the requirements of the part D NSR program will be replaced by the prevention of significantdeterioration (PSD) program when anarea has reached attainment and beenredesignated, provided there areassurances that PSD will become fullyeffective immediately uponredesignation. Regulations for thePrevention of Significant Deteriorationof Air Quality were approved into theWest Virginia SIP on April 11, 1986 (51FR 12518). Therefore, the PSD programwill become fully effective in theFollansbee area immediately uponredesignation. b. Subpart 1 of Part D
—
Section 176Conformity ProvisionsThe Follansbee area was not requiredto have a transportation conformity budget for PM
10
. The most significantcauses of nonattainment in this areawere emissions from steel and industrialfacilities in the area and not mobilesource emissions. PM
10
emissions frompublic roads contributed 5% or less tothe ambient impacts of PM
10
in theFollansbee area. Because the PM
10
 violations had been caused by stationarysources and motor vehicles were not animportant contributor to thenonattainment problem, no additionalquantitative analysis for transportationrelated PM
10
impacts are required forconformity purposes. While section 176provides that a State
’
s conformityrevisions must be consistent withFederal Conformity regulationspromulgated by EPA, given the nature of the area
’
s former nonattainmentproblem, it is reasonable to interpretthose conformity requirements as notapplying for purposes of evaluating theredesignation request.
C. The Improvement in Air Quality Dueto Permanent and Enforceable Measures
In order to redesignate an area, EPAmust determine that the improvement inair quality is due to permanent andenforceable reductions in emissionsresulting from implementation of theapplicable SIP, applicable Federal airpollutant control regulations and otherpermanent and enforceable reductions.The State
’
s approved 1991 PM
10
SIP forthe Follansbee area identified themeasures to bring the area intoattainment. These measures includedemission standards and operatingrestrictions for various sources of PM
10
.The facilities that were required toimplement additional controls wereFollansbee Steel Corporation,International Mill Services, KoppersIndustries, Standard Lafarge, StarvaggiIndustries Incorporated, and WheelingPittsburgh Steel Corporation. All of these facilities received reducedallowable emission rates for PM
10
. All of these sources except for FollansbeeSteel Corporation were required toimplement new or improved dustcontrol measures. Both Follansbee Steeland Koppers Industries were required toimplement
‘‘
add-on
’’
control equipmentto reduce process PM
10
emissions.In addition to these emissionreductions, other reductions haveoccurred since the attainmentdemonstration inventory was preparedand the modeled demonstration of attainment was performed. The sinterplant at Wheeling Pittsburgh Steelshutdown in 1999 and operations atInternational Mill Services have alsoshutdown. The additional emissionreductions resulting from theseshutdowns are permanent andenforceable given that any reactivationof these facilities would be subject toapplicable new source reviewrequirements.The May 12, 2003 redesignationrequest demonstrates that actualenforceable emission reductions areresponsible for the air qualityimprovements in the Follansbee area.EPA finds that emission reductions dueto the control measures and emissionlimitations imposed by the SIP-approved 1991 attainment plan andemission reductions due to permanentand enforceable shutdowns havereduced the ambient PM
10
levels suchthat the Follansbee area attained theNAAQS and continues to attain theNAAQS.
D. The Maintenance Plan Under Section175A
Section 175A of the Act sets forth thenecessary elements of a maintenanceplan needed for areas seekingredesignation from nonattainment toattainment. The plan must demonstratecontinued attainment of the applicableNAAQS for at least 10 years after theEPA approves a redesignation toattainment. Eight years after theredesignation, West Virginia mustsubmit a revised maintenance planwhich demonstrates attainment for the10 years following the initial 10-yearperiod. To address potential futureNAAQS violations, the maintenanceplan must contain contingencymeasures, with a schedule forimplementation adequate to assureprompt correction of any air qualityproblems. Under section 175A(d),contingency provisions must include arequirement that the State willimplement all control measures thatwere in the SIP prior to redesignation asan attainment area. EPA is approvingthe maintenance plan for the Follansbeenonattainment area because EPA findsthat the submittal meets therequirements of section 175A. Thedetails of the maintenance planrequirements and how the submittalmeets these requirements are detailed inthe following paragraphs. Amaintenance plan must contain thefollowing elements.(1) An emissions inventory reflectiveof PM
10
emissions in the monitoredattainment years;(2) A maintenance demonstrationwhich is expected to provide adequateassurance of maintenance over theinitial 10-year period;(3) A commitment to continuemonitoring in the area;(4) A method for verifying continuedattainment; and(5) A contingency plan with specificindicators or triggers for implementationof the plan.1. Maintenance Plan Requirementsa. Emissions inventoryThe maintenance plan indicates thatthe attainment inventory is the emissioninventory used to perform the modelingdemonstration of attainment andprovides updates to that inventory for2001 for sources in the Follansbeenonattainment area. Emissions havedeclined somewhat in the area due tothe previously described shutdowns.Any future increases in emissions and/or significant changes to the stackconfigurations/parameters from thosemodeled in the attainmentdemonstration due to new or modifyingstationary sources would be subject tonew source review requirementsincluding a demonstration that theNAAQS is protected. b. Maintenance demonstrationSteel and industrial facilities were themain cause of nonattainment in thearea. The attainment demonstration was based upon allowable emission levelsfor stationary sources impacting thenonattainment area. PM
10
emissionsfrom public on-road sources did notplay a significant role in nonattainmentand their impacts were less than 5% of the PM
10
concentrations. Therefore, noconformity budgets are required forBrooke County. Population in the
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of 00

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