Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Emission Reductions To Meet Phase II of the Nitrogen Oxides (NOX, 56881-56884 [E6-15981]

Download as PDF 56881 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued State approval/submittal date State citation Title/subject Section 115.912 ....................... Calculations for Determining Alternate Means of Control Reductions. Procedures for Alternate Means of Control Plan Submittal. Procedures for an Alternate Means of Control Plan Approval. Public Notice Format .............. Section 115.913 ....................... Section 115.914 ....................... Section 115.915 ....................... Section 115.916 ....................... Review of Approved Alternate Means of Control Plans and Termination of Alternate Means of Control Plans. 04/26/02 04/26/02 04/26/02 04/26/02 04/26/02 EPA approval date Explanation 09/28/06 [Insert FR page number where document begins]. 09/28/06 [Insert FR page number where document begins]. 09/28/06 [Insert FR page number where document begins]. 09/28/06 [Insert FR page number where document begins]. 09/28/06 [Insert FR page number where document begins]. Division 2: Early Reductions Section 115.920 ....................... Applicability ............................. 04/26/02 Section 115.923 ....................... Documentation ........................ 04/26/02 09/28/06 [Insert FR page number where document begins]. 09/28/06 [Insert FR page number where document begins]. Division 3: Compliance and Control Plan Requirements Section 115.930 ....................... Compliance Dates .................. 04/26/02 Section 115.932 ....................... Control Plan Procedure .......... 04/26/02 Section 115.934 ....................... Control Plan Deviation ............ 04/26/02 Section 115.936 ....................... Section 115.940 ....................... Reporting Procedure .............. Equivalency Determination ..... 11/10/93 04/26/02 Section 115.950 ....................... Use of Emissions Credits for Compliance. 12/06/00 * * * * * * * * [FR Doc. E6–15933 Filed 9–27–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 jlentini on PROD1PC65 with RULES [EPA–R03–OAR–2006–0728; FRL–8225–1] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Emission Reductions To Meet Phase II of the Nitrogen Oxides (NOX); SIP Call Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: VerDate Aug<31>2005 17:21 Sep 27, 2006 Jkt 208001 09/28/06 [Insert FR page number where document begins]. 09/28/06 [Insert FR page number where document begins]. 09/28/06 [Insert FR page number where document begins]. 05/22/97, 62 FR 27964. 09/28/06 [Insert FR page number where document begins]. 09/06/06, 71 FR 52698 * * SUMMARY: EPA is taking direct final action to convert a conditional approval in the West Virginia State Implementation Plan (SIP) to a full approval. The SIP revision pertains to nitrogen oxides (NOX) emission reductions required in West Virginia to meet Phase II of the NOX SIP Call. In order to meet the Phase II submission due date, the West Virginia Department of Environmental Protection (WVDEP) adopted its Phase II regulation under its emergency rule procedures. EPA granted conditional approval of the emergency rule contingent upon the WVDEP adopting a permanent rule with an effective date no later than the June 2, 2006 sunset date of its emergency rule and submitting the permanent rule as a formal SIP revision to EPA by July 1, PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 * * 2006. West Virginia has met all the terms of the conditional approval by adopting its permanent rule with an effective date of May 1, 2006, and submitting the permanent rule to EPA before July 1, 2006. EPA is approving this revision to West Virginia’s SIP in accordance with the requirements of the Clean Air Act. DATES: This rule is effective on November 27, 2006 without further notice, unless EPA receives adverse written comment by October 30, 2006. 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– E:\FR\FM\28SER1.SGM 28SER1 jlentini on PROD1PC65 with RULES 56882 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations R03–OAR–2006–0728 by one of the following methods: A. https://www.regulations.gov. Follow the online instructions for submitting comments. B. E-mail: morris.makeba@epa.gov. C. Mail: EPA–R03–OAR–2006–0728, Makeba Morris, Chief, Air Quality Planning Branch Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted 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–2006– 0728. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at https:// 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 https:// www.regulations.gov or e-mail. The https://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 https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the https://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 VerDate Aug<31>2005 17:21 Sep 27, 2006 Jkt 208001 available only in hard copy form. Publicly available docket materials are available either electronically in https:// 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: Marilyn Powers, (215) 814–2308, or by e-mail at powers.marilyn@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On October 20, 2005 (70 FR 61104), EPA published a Notice of Proposed Rulemaking (NPR) proposing to grant conditional approval of West Virginia’s emergency regulation 45CSR1 to control NOX emissions from large stationary internal combustion engines in the State. No comments were received by EPA and on January 11, 2006 (71 FR 1696), EPA finalized the conditional approval. EPA’s rationale for conditionally approving West Virginia’s emergency rule as well as a summary of the requirements of Phase II of the NOX SIP Call were provided in the October 20, 2005 NPR, and will not be restated here. In the January 11, 2006 rulemaking, EPA conditioned full approval contingent upon the WVDEP adopting a permanent rule that corresponds to emergency rule 45CSR1, with an effective date prior to the sunset date of the emergency rule, and submitting the permanent rule as a SIP revision to EPA by July 1, 2006. On May 22, 2006, as amended on June 16, 2006, WVDEP submitted to EPA a revision to its SIP to satisfy the conditional requirements. II. Summary of SIP Revision On May 22, 2006, the WVDEQ submitted a formal revision to its SIP, and on June 16, 2006 amended the revision to include documents that were inadvertently omitted. The SIP revision consists of the State’s fully-adopted permanent rule 45CSR1 which became effective on May 1, 2006, and which immediately superseded and replaced its emergency rule. III. Final Action West Virginia has corrected the deficiencies identified by EPA in its conditional approval, and has satisfied all the terms of the conditional approval. EPA is, therefore, converting its conditional approval of the West Virginia emergency rule 45CSR1 to a PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 full approval of its permanent rule 45CSR1. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. 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 November 27, 2006 without further notice unless EPA receives adverse comment by October 30, 2006. 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. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. 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 E:\FR\FM\28SER1.SGM 28SER1 56883 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations 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). 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 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. 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 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 November 27, 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 convert West Virginia’s NOX SIP Call Phase II rule from a conditional approval to a full approval may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Dated: September 20, 2006. Donald S. Welsh, Regional Administrator, Region III. I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for 40 CFR part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart XX—West Virginia 2. In § 52.2520, the table in paragraph (c) is amended by revising entries for [45CSR] Series 1, Sections 1–5, 22, 70– 72, 74, and 100, and by adding entries for Sections 89 and 90 to read as follows: I § 52.2520 * Identification of plan. * * * * (c) EPA-Approved Regulations EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP State citation [Chapter 16–20 or 45 CSR] State effective date Title/subject EPA approval date Additional explanation/citation at 40 CFR 52.2565 [45 CSR] Series 1—Control and Reduction of Nitrogen Oxides From Non-Electric Generating Units As a Means to Mitigate Transport of Ozone Precursors ........................ ........................ ........................ ........................ ........................ General ..................................................................................... Definitions ................................................................................. Acronyms .................................................................................. NOX Budget Trading Program Applicability .............................. Retired Unit Exemption ............................................................. 5/1/06 5/1/06 5/1/06 5/1/06 5/1/06 * * Section 45–1–22 ...................... * * * Information Requirements for NOX Budget Permit Applications. 5/1/06 * * Section 45–1–70 ...................... Section 45–1–71 ...................... Section 45–1–72 ...................... jlentini on PROD1PC65 with RULES Section Section Section Section Section 45–1–1 45–1–2 45–1–3 45–1–4 45–1–5 * * * General Monitoring Requirements ............................................ Initial Certification and Recertification Procedures ................... Out of Control Periods .............................................................. 5/1/06 5/1/06 5/1/06 * * Section 45–1–74 ...................... * * * Recordkeeping and Reporting .................................................. 5/1/06 * * Section 45–1–89 ...................... * * * Appeal Procedures ................................................................... 5/1/06 VerDate Aug<31>2005 17:21 Sep 27, 2006 Jkt 208001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\28SER1.SGM * * * * * * * 28SER1 * New Section. 56884 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued State citation [Chapter 16–20 or 45 CSR] State effective date Title/subject EPA approval date Additional explanation/citation at 40 CFR 52.2565 [45 CSR] Series 1—Control and Reduction of Nitrogen Oxides From Non-Electric Generating Units As a Means to Mitigate Transport of Ozone Precursors Section 45–1–90 ...................... Section 45–1–100 .................... * * * § 52.2522 Requirements for Stationary Internal Combustion Engines ..... Requirements for Emissions of NOX from Cement Manufacturing Kilns. * * * * * [Removed and Reserved] 3. In § 52.2522, paragraph (i) is removed and reserved. I [FR Doc. E6–15981 Filed 9–27–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA–HQ–OAR–2003–0118; FRL–8223–9] RIN 2060–AG12 Protection of Stratospheric Ozone: Notice 21 for Significant New Alternatives Policy Program Environmental Protection Agency (EPA). ACTION: Notice of Acceptability. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: This Notice of Acceptability expands the list of acceptable substitutes for ozone-depleting substances (ODS) under the U.S. Environmental Protection Agency’s (EPA) Significant New Alternatives Policy (SNAP) program. The substitutes are for use in the following sectors: refrigeration and air conditioning, foam blowing, cleaning solvents, aerosols, and sterilants. The determinations concern new substitutes. DATES: This notice of acceptability is effective on September 28, 2006. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2003–0118 (continuation of Air Docket A–91–42). All electronic documents in the docket are listed in the index at https:// www.regulations.gov. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Publicly available docket materials are available either electronically at www.regulations.gov or in hard copy at the EPA Air Docket (No. VerDate Aug<31>2005 17:21 Sep 27, 2006 Jkt 208001 * * A–91–42), EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Margaret Sheppard by telephone at (202) 343–9163, by facsimile at (202) 343–2338, by e-mail at sheppard.margaret@epa.gov, or by mail at U.S. Environmental Protection Agency, Mail Code 6205J, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Overnight or courier deliveries should be sent to the office location at 1310 L Street, NW., 8th floor, Washington, DC, 20005. For more information on the Agency’s process for administering the SNAP program or criteria for evaluation of substitutes, refer to the original SNAP rulemaking published in the Federal Register on March 18, 1994 (59 FR 13044). Notices and rulemakings under the SNAP program, as well as other EPA publications on protection of stratospheric ozone, are available at EPA’s Ozone Depletion World Wide Web site at https://www.epa.gov/ozone/ including the SNAP portion at https:// www.epa.gov/ozone/snap/. SUPPLEMENTARY INFORMATION: I. Listing of New Acceptable Substitutes A. Refrigeration and Air Conditioning B. Foam Blowing C. Cleaning Solvents D. Aerosols E. Sterilants II. Section 612 Program A. Statutory Requirements B. Regulatory History Appendix A—Summary of Acceptable Decisions I. Listing of New Acceptable Substitutes This section presents EPA’s most recent acceptable listing decisions for substitutes in the following industrial sectors: Refrigeration and air conditioning, foam blowing, cleaning PO 00000 Frm 00032 Fmt 4700 5/1/06 5/1/06 Sfmt 4700 New Section. * * solvents, aerosols and sterilants. For copies of the full list of ODS substitutes in all industrial sectors, visit EPA’s Ozone Depletion Web site at https:// www.epa.gov/ozone/snap/lists/ index.html. The Agency has determined that the Clean Air Act does not authorize EPA to regulate for global climate change purposes (Memo to Acting Administrator, Marianne L. Horinko from Robert E. Fabricant. 2003. Subject: EPA’s Authority to Impose Mandatory Controls to Address Global Climate Change under the Clean Air Act). The Agency has not yet concluded how this determination would affect its consideration of the global warming potential of substitutes under the SNAP program. Regardless, for the substitutes considered here, the global warming potential of the alternatives was not a determinative factor in EPA’s acceptable subject to use conditions determination. The sections below discuss each substitute listing in detail. Appendix A contains a table summarizing today’s listing decisions for new substitutes. The statements in the ‘‘Further Information’’ column in the table provide additional information, but are not legally binding under section 612 of the Clean Air Act. In addition, the ‘‘further information’’ may not be a comprehensive list of other legal obligations you may need to meet when using the substitute. Although you are not required to follow recommendations in the ‘‘further information’’ column of the table to use a substitute, EPA strongly encourages you to apply the information when using these substitutes. In many instances, the information simply refers to standard operating practices in existing industry and/or building-code standards. Thus, many of these statements, if adopted, would not require significant changes to existing operating practices. You can find submissions to EPA for the use of the substitutes listed in this document and other materials supporting the decisions in this action E:\FR\FM\28SER1.SGM 28SER1

Agencies

[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Pages 56881-56884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15981]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0728; FRL-8225-1]


 Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Emission Reductions To Meet Phase II of the Nitrogen 
Oxides (NOX); SIP Call

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to convert a conditional 
approval in the West Virginia State Implementation Plan (SIP) to a full 
approval. The SIP revision pertains to nitrogen oxides (NOX) 
emission reductions required in West Virginia to meet Phase II of the 
NOX SIP Call. In order to meet the Phase II submission due 
date, the West Virginia Department of Environmental Protection (WVDEP) 
adopted its Phase II regulation under its emergency rule procedures. 
EPA granted conditional approval of the emergency rule contingent upon 
the WVDEP adopting a permanent rule with an effective date no later 
than the June 2, 2006 sunset date of its emergency rule and submitting 
the permanent rule as a formal SIP revision to EPA by July 1, 2006. 
West Virginia has met all the terms of the conditional approval by 
adopting its permanent rule with an effective date of May 1, 2006, and 
submitting the permanent rule to EPA before July 1, 2006. EPA is 
approving this revision to West Virginia's SIP in accordance with the 
requirements of the Clean Air Act.

DATES: This rule is effective on November 27, 2006 without further 
notice, unless EPA receives adverse written comment by October 30, 
2006. 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-

[[Page 56882]]

R03-OAR-2006-0728 by one of the following methods:
    A. https://www.regulations.gov. Follow the online instructions for 
submitting comments.
    B. E-mail: morris.makeba@epa.gov.
    C. Mail: EPA-R03-OAR-2006-0728, Makeba Morris, Chief, Air Quality 
Planning Branch Mailcode 3AP21, 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-
2006-0728. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at https://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 https://
www.regulations.gov or e-mail. The https://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 https://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
https://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 https://
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: Marilyn Powers, (215) 814-2308, or by 
e-mail at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 20, 2005 (70 FR 61104), EPA published a Notice of 
Proposed Rulemaking (NPR) proposing to grant conditional approval of 
West Virginia's emergency regulation 45CSR1 to control NOX 
emissions from large stationary internal combustion engines in the 
State. No comments were received by EPA and on January 11, 2006 (71 FR 
1696), EPA finalized the conditional approval. EPA's rationale for 
conditionally approving West Virginia's emergency rule as well as a 
summary of the requirements of Phase II of the NOX SIP Call 
were provided in the October 20, 2005 NPR, and will not be restated 
here. In the January 11, 2006 rulemaking, EPA conditioned full approval 
contingent upon the WVDEP adopting a permanent rule that corresponds to 
emergency rule 45CSR1, with an effective date prior to the sunset date 
of the emergency rule, and submitting the permanent rule as a SIP 
revision to EPA by July 1, 2006. On May 22, 2006, as amended on June 
16, 2006, WVDEP submitted to EPA a revision to its SIP to satisfy the 
conditional requirements.

II. Summary of SIP Revision

    On May 22, 2006, the WVDEQ submitted a formal revision to its SIP, 
and on June 16, 2006 amended the revision to include documents that 
were inadvertently omitted. The SIP revision consists of the State's 
fully-adopted permanent rule 45CSR1 which became effective on May 1, 
2006, and which immediately superseded and replaced its emergency rule.

III. Final Action

    West Virginia has corrected the deficiencies identified by EPA in 
its conditional approval, and has satisfied all the terms of the 
conditional approval. EPA is, therefore, converting its conditional 
approval of the West Virginia emergency rule 45CSR1 to a full approval 
of its permanent rule 45CSR1.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. 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 November 27, 2006 without further 
notice unless EPA receives adverse comment by October 30, 2006. 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. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

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

[[Page 56883]]

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). 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 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. 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 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 November 27, 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 convert West Virginia's NOX 
SIP Call Phase II rule from a conditional approval to a full approval 
may not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements.

    Dated: September 20, 2006.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as 
follows:

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (c) is amended by revising 
entries for [45CSR] Series 1, Sections 1-5, 22, 70-72, 74, and 100, and 
by adding entries for Sections 89 and 90 to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) EPA-Approved Regulations

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                State         EPA       Additional explanation/
 State citation [Chapter 16-20 or        Title/subject        effective     approval       citation at 40 CFR
             45 CSR]                                             date         date              52.2565
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 1--Control and Reduction of Nitrogen Oxides From Non-Electric Generating Units As a Means to
 Mitigate Transport of Ozone Precursors
----------------------------------------------------------------------------------------------------------------
Section 45-1-1...................  General.................       5/1/06
Section 45-1-2...................  Definitions.............       5/1/06
Section 45-1-3...................  Acronyms................       5/1/06
Section 45-1-4...................  NOX Budget Trading             5/1/06
                                    Program Applicability.
Section 45-1-5...................  Retired Unit Exemption..       5/1/06
 
                                                  * * * * * * *
Section 45-1-22..................  Information Requirements       5/1/06
                                    for NOX Budget Permit
                                    Applications.
 
                                                  * * * * * * *
Section 45-1-70..................  General Monitoring             5/1/06
                                    Requirements.
Section 45-1-71..................  Initial Certification          5/1/06
                                    and Recertification
                                    Procedures.
Section 45-1-72..................  Out of Control Periods..       5/1/06
 
                                                  * * * * * * *
Section 45-1-74..................  Recordkeeping and              5/1/06
                                    Reporting.
 
                                                  * * * * * * *
Section 45-1-89..................  Appeal Procedures.......       5/1/06               New Section.

[[Page 56884]]

 
Section 45-1-90..................  Requirements for               5/1/06               New Section.
                                    Stationary Internal
                                    Combustion Engines.
Section 45-1-100.................  Requirements for               5/1/06
                                    Emissions of NOX from
                                    Cement Manufacturing
                                    Kilns.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  52.2522  [Removed and Reserved]

0
3. In Sec.  52.2522, paragraph (i) is removed and reserved.

 [FR Doc. E6-15981 Filed 9-27-06; 8:45 am]
BILLING CODE 6560-50-P
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