Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the Charleston Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan, 39001-39004 [06-6085]
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Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations
EPA-APPROVED MISSOURI REGULATIONS—Continued
Missouri citation
State effective
date
Title
EPA approval
date
Explanation
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10–6.020 ................................. Definitions and Common Reference Tables.
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10/30/2003
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07/11/06 [insert FR page
number where the document begins].
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10–6.060 ................................. Construction Permits Required.
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10/30/2003
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07/11/06 [insert FR page
number where the document begins].
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10–6.061 .................................
Construction Permit Exemptions.
10/30/2003
10–6.062 .................................
Construction Permits By Rule.
10/30/2003
07/11/06 [insert FR page
number where the document begins].
07/11/06 [insert FR page
number where the document begins].
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ENVIRONMENTAL PROTECTION
AGENCY
PART 70—[AMENDED]
40 CFR Parts 52 and 81
1. The authority citation for part 70
continues to read as follows:
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[EPA–R03–OAR–2005–0548; FRL–8191–9]
Authority: 42 U.S.C. 7401 et seq.
Appendix A—[Amended]
2. Appendix A to part 70 is amended
by adding paragraph (r) under Missouri
to read as follows:
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Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
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Missouri
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(r) The Missouri Department of Natural
Resources submitted revisions to Missouri
rule 10 CSR 10–6.020, ‘‘Definitions and
Common Reference Tables,’’ on June 30,
2004, approval effective August 10, 2006.
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[FR Doc. 06–6092 Filed 7–10–06; 8:45 am]
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BILLING CODE 6560–50–P
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Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Redesignation of the
Charleston Nonattainment Area to
Attainment and Approval of the Area’s
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a
redesignation request and a State
Implementation Plan (SIP) revision
submitted by the State of West Virginia.
The West Virginia Department of
Environmental Protection (WVDEP) is
requesting that the Charleston area be
redesignated as attainment for the 8hour ozone national ambient air quality
standard (NAAQS). In conjunction with
its redesignation request, the State
submitted a SIP revision consisting of a
maintenance plan for the Charleston
area that provides for continued
attainment of the 8-hour ozone NAAQS
for the next 12 years, until 2018.
Concurrently, EPA is approving the
maintenance plan as meeting the
requirements of Clean Air Act (CAA)
175A(b) with respect to the 1-hour
ozone maintenance plan update. EPA is
also approving the adequacy
determination for the motor vehicle
emission budgets (MVEBs) that are
identified in the 8-hour maintenance
plan for the Charleston area for
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We are conditionally approving references to 10 CSR
10–6.062 contained in the
last sentence of Section
(1)(B) and all of section
(1)(D).
Section (3)(A)2.D. is not included in the SIP.
We are conditionally approving this rule except for Section (3)(B)4., which is not
included in the SIP.
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purposes of transportation conformity,
and is approving those MVEBs. EPA is
approving the redesignation request and
the maintenance plan revision to the
West Virginia SIP in accordance with
the requirements of the CAA.
EFFECTIVE DATE: This final rule is
effective on August 10, 2006.
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2005–0548. All
documents in the docket are listed in
the www.regulations.gov Web Site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (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 through
www.regulations.gov or in hard copy for
public inspection 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Amy Caprio, (215) 814–2156, or by email at caprio.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations
I. Background
On May 4, 2006 (71 FR 26299), EPA
published a notice of proposed
rulemaking (NPR) for the State of West
Virginia. The NPR proposed approval of
West Virginia’s redesignation request
and a SIP revision that establishes a
maintenance plan for the Charleston
area that sets forth how the Charleston
area will maintain attainment of the 8hour ozone NAAQS for the next 12
years. The formal SIP revision was
submitted by the WVDEP on November
30, 2005. Other specific requirements of
West Virginia’s redesignation request
SIP revision for the maintenance plan
and the rationale for EPA’s proposed
action are explained in the NPR and
will not be restated here.
On May 23, 2006, EPA received a
comment, from the West Virginia
Division of Highways, in support of the
redesignation of the Charleston area.
However, errata were found on pages
26302, 26307, and 26309 of the NPR. On
page 26302 (Table 1) and page 26309
(Table 7), an error occurred in the use
of significant digits for the 2018 MVEBs.
The correct MVEB for NOX should read
8.2 tons per day (tpd) instead of 8.20
tpd. The correct MVEB for VOCs should
read 7.2 tpd instead of 7.20 tpd. On page
26307 in the first column, there was an
error in reference to West Virginia state
regulation, 45CSR3. The correct
regulation referenced should read
45CSR39. Lastly, on page 26309 in the
second column, there was an incorrect
reference to the Virginia Department of
Environmental Quality (VADEQ). The
correct reference should read the West
Virginia Department of Environmental
Protection (WVDEP).
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II. Final Action
EPA is approving the State of West
Virginia’s November 30, 2005
redesignation request and maintenance
plan because the requirements for
approval have been satisfied. EPA has
evaluated West Virginia’s redesignation
request, submitted on November 30,
2005, and determined that it meets the
redesignation criteria set forth in section
107(d)(3)(E) of the CAA. EPA believes
that the redesignation request and
monitoring data demonstrate that the
Charleston area has attained the 8-hour
ozone standard. The final approval of
this redesignation request will change
the designation of the Charleston area
from nonattainment to attainment for
the 8-hour ozone standard. EPA is
approving the associated maintenance
plan for this area, submitted on
November 30, 2005, as a revision to the
West Virginia SIP. EPA is approving the
maintenance plan for the Charleston
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area because it meets the requirements
of section 175A and 175A(b) with
respect to the 1-hour ozone maintenance
plan update. EPA is also approving the
MVEBs submitted by West Virginia for
this area in conjunction with its
redesignation request. The Charleston
area is subject to the CAA’s
requirements for basic ozone
nonattainment areas until and unless it
is redesignated to attainment.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this final 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 approves state
law as meeting Federal requirements
and imposes no additional requirements
beyond those imposed by state law.
Redesignation of an area to attainment
under section 107(d)(3)(e) of the Clean
Air Act does not impose any new
requirements on small entities.
Redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on sources. Accordingly,
the Administrator certifies that this final
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 preexisting 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 (Public Law 104–4).
This final rule also does 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
(65 FR 67249, November 9, 2000), nor
will it 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), because it affects the
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status of a geographical area, does not
impose any new requirements on
sources, or allow the state to avoid
adopting or implementing other
requirements, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This final rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. 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 Clean Air Act. Redesignation is an
action that affects the status of a
geographical area and does not impose
any new requirements on sources. 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. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this final rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. EPA
has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order.
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).
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Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 11,
2006. 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
redesignation request, maintenance plan
and adequacy determination for MVEBs
for the Charleston area, may not be
challenged later in proceedings to
Name of non-regulatory SIP
revision
enforce its requirements. (See section
307(b)(2)).
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Nitrogen dioxides,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(e) is amended by adding an entry for
the 8-Hour Ozone Maintenance Plan,
Charleston, WV Area at the end of the
table to read as follows:
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40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
§ 52.2520
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Dated: June 22, 2006.
William T. Wisniewski,
Acting Regional Administrator, Region III.
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40 CFR parts 52 and 81 are amended
as follows:
State submittal
date
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8-Hour Ozone Maintenance
Charleston Area (Kanawha
Plan for the Charleston, WV
and Putnam Counties).
Area.
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11/30/05
EPA approval
date
Additional explanation
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07/11/06 [Insert page number Action includes approval of
where the document bethe following motor vehicle
gins].
emission budgets (MVEB):
8.2 tons per day (tpd) for
NOX and 7.2 tpd for VOC.
Authority: 42 U.S.C. 7401 et seq.
PART 81—[AMENDED]
§ 81.349
2. Section 81.349 is amended by
revising the ozone table entry for the
Charleston, WV Area to read as follows:
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1. The authority citation for Part 81
continues to read as follows:
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Applicable geographic area
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Identification of plan.
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(e) * * *
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West Virginia.
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WEST VIRGINIA—OZONE
[8-hour standard]
Designation a
Category/classification
Designated area
Date 1
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Charleston, WV Area:
Kanawha County ..............................................................................................
Putnam County .................................................................................................
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Attainment.
Attainment.
Indian country located in each county or area except otherwise noted.
1 This date is June 15, 2004, unless otherwise noted.
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Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations
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[FR Doc. 06–6085 Filed 7–10–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 208, 225, 252, 253, and
Chapter 2
[DFARS Case 2003–D072]
Defense Federal Acquisition
Regulation Supplement; Required
Sources of Supply
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update text addressing
acquisitions made through Government
supply sources. This rule is a result of
a transformation initiative undertaken
by DoD to dramatically change the
purpose and content of the DFARS.
DATES: Effective Date: July 11, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Robin Schulze, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0326;
facsimile (703) 602–0350. Please cite
DFARS Case 2003–D072.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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A. Background
DFARS Transformation is a major
DoD initiative to dramatically change
the purpose and content of the DFARS.
The objective is to improve the
efficiency and effectiveness of the
acquisition process, while allowing the
acquisition workforce the flexibility to
innovate. The transformed DFARS will
contain only requirements of law, DoDwide policies, delegations of FAR
authorities, deviations from FAR
requirements, and policies/procedures
that have a significant effect beyond the
internal operating procedures of DoD or
a significant cost or administrative
impact on contractors or offerors.
Additional information on the DFARS
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dars/
dfars/transformation/index.htm.
This final rule is a result of the
DFARS Transformation initiative. The
DFARS changes—
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Æ Delete informational text on GSA
Federal Supply Schedules that is
unnecessary for inclusion in the
DFARS;
Æ Delete text on the Defense National
Stockpile and the acquisition of helium.
These issues are adequately addressed
in the Federal Acquisition Regulation at
8.003 and Subpart 8.5;
Æ Delete obsolete text on the DoD
Industrial Preparedness Production
Planning Program. There is no longer a
DoD-wide Program; and
Æ Delete procedures for ordering
from central nonprofit agencies; for
acquisition of items under the DoD
Coordinated Acquisition Program; for
contracting or performing field service
functions for NASA; for use of the DoD
Precious Metals Recovery Program; and
for use of enterprise software
agreements for acquiring commercial
software and related services. Text on
these subjects has been relocated to the
DFARS companion resource,
Procedures, Guidance, and Information
(PGI), available at https://
www.acq.osd.mil/dpap/dars/pgi.
DoD published a proposed rule at 70
FR 73187 on December 9, 2005. One
source submitted comments on the
proposed rule. That source
recommended establishment of separate
Federal supply class (FSC) commodity
codes for Americans with Disabilities
Act (ADA) and Occupational Safety and
Health Administration (OSHA)
compliant products, to distinguish the
ADA or OSHA compliant products from
similar products that are not ADA or
OSHA compliant (e.g., ramps, landings,
steps, decks). Although DoD includes
certain FSC commodity codes in its
publications, the codes are established
and maintained by the General Services
Administration (GSA). Therefore, DoD
has forwarded the respondent’s
recommendation to GSA for
consideration. DoD has adopted the
proposed rule as a final rule, with an
additional change at DFARS 225.7005–
1 to remove a reference to DFARS
Subpart 208.72, which has been
eliminated by this rule.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
C. Paperwork Reduction Act
B. Regulatory Flexibility Act
DoD certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule deletes obsolete,
unnecessary, or procedural DFARS text,
but makes no significant change to DoD
contracting policy.
See PGI 208.7002–1 for the acquiring
department’s responsibilities.
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The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 208,
225, 252, and 253
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 208, 225, 252,
and 253 and Appendix B to Chapter 2
are amended as follows:
I 1. The authority citation for 48 CFR
parts 208, 225, 252, and 253 and
Appendix B to subchapter I continues to
read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 208—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
2. Section 208.002 is revised to read
as follows:
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208.002 Priorities for use of Government
supply sources.
(a)(1)(v) See Subpart 208.70,
Coordinated Acquisition, and Subpart
208.74, Enterprise Software Agreements.
208.003
[Removed]
3. Section 208.003 is removed.
4. Section 208.705 is revised to read
as follows:
I
I
208.705
Procedures.
Follow the procedures at PGI 208.705
when placing orders with central
nonprofit agencies.
208.7000
[Amended]
5. Section 208.7000 is amended in
paragraph (a), in the parenthetical, by
removing ‘‘appendix B’’ and adding in
its place ‘‘PGI 208.7006’’.
I 6. Sections 208.7002–1 and 208.7002–
2 are revised to read as follows:
I
208.7002–1 Acquiring department
responsibilities.
208.7002–2 Requiring department
responsibilities.
See PGI 208.7002–2 for the requiring
department’s responsibilities.
I 7. Section 208.7003–1 is amended by
revising paragraph (a) introductory text
and paragraph (b) to read as follows:
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]]>Agencies
[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Rules and Regulations]
[Pages 39001-39004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6085]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2005-0548; FRL-8191-9]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Redesignation of the Charleston Nonattainment Area to
Attainment and Approval of the Area's Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a redesignation request and a State
Implementation Plan (SIP) revision submitted by the State of West
Virginia. The West Virginia Department of Environmental Protection
(WVDEP) is requesting that the Charleston area be redesignated as
attainment for the 8-hour ozone national ambient air quality standard
(NAAQS). In conjunction with its redesignation request, the State
submitted a SIP revision consisting of a maintenance plan for the
Charleston area that provides for continued attainment of the 8-hour
ozone NAAQS for the next 12 years, until 2018. Concurrently, EPA is
approving the maintenance plan as meeting the requirements of Clean Air
Act (CAA) 175A(b) with respect to the 1-hour ozone maintenance plan
update. EPA is also approving the adequacy determination for the motor
vehicle emission budgets (MVEBs) that are identified in the 8-hour
maintenance plan for the Charleston area for purposes of transportation
conformity, and is approving those MVEBs. EPA is approving the
redesignation request and the maintenance plan revision to the West
Virginia SIP in accordance with the requirements of the CAA.
EFFECTIVE DATE: This final rule is effective on August 10, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-0548. All documents in the docket are listed in
the www.regulations.gov Web Site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 through www.regulations.gov or in hard
copy for public inspection 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: Amy Caprio, (215) 814-2156, or by e-
mail at caprio.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 39002]]
I. Background
On May 4, 2006 (71 FR 26299), EPA published a notice of proposed
rulemaking (NPR) for the State of West Virginia. The NPR proposed
approval of West Virginia's redesignation request and a SIP revision
that establishes a maintenance plan for the Charleston area that sets
forth how the Charleston area will maintain attainment of the 8-hour
ozone NAAQS for the next 12 years. The formal SIP revision was
submitted by the WVDEP on November 30, 2005. Other specific
requirements of West Virginia's redesignation request SIP revision for
the maintenance plan and the rationale for EPA's proposed action are
explained in the NPR and will not be restated here.
On May 23, 2006, EPA received a comment, from the West Virginia
Division of Highways, in support of the redesignation of the Charleston
area. However, errata were found on pages 26302, 26307, and 26309 of
the NPR. On page 26302 (Table 1) and page 26309 (Table 7), an error
occurred in the use of significant digits for the 2018 MVEBs. The
correct MVEB for NOX should read 8.2 tons per day (tpd)
instead of 8.20 tpd. The correct MVEB for VOCs should read 7.2 tpd
instead of 7.20 tpd. On page 26307 in the first column, there was an
error in reference to West Virginia state regulation, 45CSR3. The
correct regulation referenced should read 45CSR39. Lastly, on page
26309 in the second column, there was an incorrect reference to the
Virginia Department of Environmental Quality (VADEQ). The correct
reference should read the West Virginia Department of Environmental
Protection (WVDEP).
II. Final Action
EPA is approving the State of West Virginia's November 30, 2005
redesignation request and maintenance plan because the requirements for
approval have been satisfied. EPA has evaluated West Virginia's
redesignation request, submitted on November 30, 2005, and determined
that it meets the redesignation criteria set forth in section
107(d)(3)(E) of the CAA. EPA believes that the redesignation request
and monitoring data demonstrate that the Charleston area has attained
the 8-hour ozone standard. The final approval of this redesignation
request will change the designation of the Charleston area from
nonattainment to attainment for the 8-hour ozone standard. EPA is
approving the associated maintenance plan for this area, submitted on
November 30, 2005, as a revision to the West Virginia SIP. EPA is
approving the maintenance plan for the Charleston area because it meets
the requirements of section 175A and 175A(b) with respect to the 1-hour
ozone maintenance plan update. EPA is also approving the MVEBs
submitted by West Virginia for this area in conjunction with its
redesignation request. The Charleston area is subject to the CAA's
requirements for basic ozone nonattainment areas until and unless it is
redesignated to attainment.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final 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 approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Redesignation of an area to attainment under section 107(d)(3)(e) of
the Clean Air Act does not impose any new requirements on small
entities. Redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on sources. Accordingly, the Administrator certifies that this final
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 (Public Law 104-
4). This final rule also does 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 (65 FR 67249, November 9, 2000), nor
will it 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), because it affects the status of a geographical area, does
not impose any new requirements on sources, or allow the state to avoid
adopting or implementing other requirements, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This final rule also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. 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 Clean Air Act. Redesignation is an
action that affects the status of a geographical area and does not
impose any new requirements on sources. 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. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
final rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
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).
[[Page 39003]]
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 11, 2006. 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 redesignation request, maintenance plan
and adequacy determination for MVEBs for the Charleston area, may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Nitrogen dioxides, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: June 22, 2006.
William T. Wisniewski,
Acting Regional Administrator, Region III.
0
40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. In Sec. 52.2520, the table in paragraph (e) is amended by adding an
entry for the 8-Hour Ozone Maintenance Plan, 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 Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone Maintenance Plan for Charleston Area 11/30/05 07/11/06 [Insert Action includes
the Charleston, WV Area. (Kanawha and page number where approval of the
Putnam Counties). the document following motor
begins]. vehicle emission
budgets (MVEB):
8.2 tons per day
(tpd) for NOX and
7.2 tpd for VOC.
----------------------------------------------------------------------------------------------------------------
PART 81--[AMENDED]
0
1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.349 is amended by revising the ozone table entry for the
Charleston, WV Area to read as follows:
Sec. 81.349 West Virginia.
* * * * *
West Virginia--Ozone
[8-hour standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Charleston, WV Area:
Kanawha County.............. 07/11/06 Attainment..........
Putnam County............... 07/11/06 Attainment..........
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
[[Page 39004]]
* * * * *
[FR Doc. 06-6085 Filed 7-10-06; 8:45 am]
BILLING CODE 6560-50-P
