Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the Parkersburg, WV, Portion of the Parkersburg-Marietta, WV-OH 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Maintenance Plan, 25967-25969 [E7-8678]

Download as PDF Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations Environmental Protection Agency (EPA). ACTION: Final rule. emission budgets (MVEBs) that are identified in the Parkersburg 8-hour maintenance plan 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. DATES: Effective Date: This final rule is effective on June 7, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2006–0817. All documents in the docket are listed in the www.regulations.gov website. 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 email at caprio.amy@epa.gov. SUPPLEMENTARY INFORMATION: 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 Parkersburg, West Virginia (Parkersburg) portion of the Parkersburg-Marietta, WV-OH area (herein referred to as the ‘‘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 Parkersburg 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 I. Background On January 12, 2007 (72 FR 1474), 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 Parkersburg that sets forth how Parkersburg will maintain attainment of the 8-hour ozone NAAQS for the next 12 years. The formal SIP revision was submitted by the WVDEP on September 8, 2006. Other specific requirements of West Virginia’s redesignation request SIP revision for the maintenance plan and the rationales for EPA’s proposed actions are explained in the NPR and will not be restated here. On February 9, 2007, EPA received a comment, from the West Virginia Manufacturers Association, in support of its January 12, 2007 NPR. Also, on February 15, 2007, EPA received a comment, from the West Virginia vessels on a portion of the Willamette River during the fleet week of the Rose Festival. This security zone provides for the regulation of vessel traffic in the vicinity of the moored vessels. Entry into this zone is prohibited unless authorized by the Captain of the Port or his designee. The Captain of the Port Portland will begin enforcing the Rose Festival Security Zone established by 33 CFR 165.1312 on June 6, 2007. The Captain of the Port may be assisted by other Federal, State, or local agencies in enforcing this security zone. This security zone will be enforced until June 11, 2007. Dated: April 20, 2007. Patrick G. Gerrity, Captain, U.S. Coast Guard, Captain of the Port, Portland. [FR Doc. E7–8725 Filed 5–7–07; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R03–OAR–2006–0817; FRL–8309–9] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the Parkersburg, WV, Portion of the Parkersburg-Marietta, WV-OH 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Maintenance Plan cprice-sewell on PROD1PC66 with RULES AGENCY: VerDate Aug<31>2005 14:51 May 07, 2007 Jkt 211001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 25967 Chamber of Commerce, in support of its January 12, 2007 NPR. EPA recognizes the support provided in these comments but does not believe any specific response to comments is necessary with respect to these comments. Additionally, the United States Court of Appeals for the District of Columbia Circuit recently vacated EPA’s April 30, 2004 ‘‘Final Rule to Implement the 8Hour Ozone National Ambient Standard’’ (the Phase 1 implementation rule). South Coast Air Quality Management District v. EPA, 472 F.3d 882 (D.C. Cir. 2007). EPA issued a supplemental proposed rulemaking that set forth its views on the potential effect of the Court’s ruling on this and other proposed redesignation actions. 72 FR 13452 (March 22, 2007). EPA proposed to find that the Court’s ruling does not alter any requirements relevant to the proposed redesignations that would prevent EPA from finalizing these redesignations, for the reasons fully explained in the supplemental notice. EPA provided a 15-day review and comment period on this supplemental proposed rulemaking. The public comment period closed on April 6, 2007. EPA received six comments, all supporting EPA’s supplemental proposed rulemaking, and supporting redesignation of the affected areas. EPA recognizes the support provided in these comments as well, but again, we do not believe any specific response to comments is necessary with respect to these comments. In addition, several of these comments included additional rationale for proceeding with these proposed redesignations. EPA had not requested comment on any additional rationale, does not believe any additional rationale is necessary, and similarly does not believe any specific response to these comments is necessary, and thus has not provided any. II. Final Action EPA is approving the State of West Virginia’s September 8, 2006 redesignation request and maintenance plan because the requirements for approval have been satisfied. EPA has evaluated West Virginia’s redesignation request, submitted on September 8, 2006, 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 Parkersburg has attained the 8-hour ozone standard. The final approval of this redesignation request will change the designation of the Parkersburg, West Virginia portion of the Area from nonattainment to attainment for the 8- E:\FR\FM\08MYR1.SGM 08MYR1 25968 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 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 (Pub. L. 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 ADEQUATE AND APPROVED MOTOR Executive Order 13132 (64 FR 43255, VEHICLE EMISSIONS BUDGETS August 10, 1999), because it affects the status of a geographical area, does not (MVEBS) IN TONS PER DAY (TPD) impose any new requirements on Budget year NOX VOC sources, or allow the state to avoid adopting or implementing other 2009 ...................................... 4.1 3.0 requirements, and does not alter the 2018 ...................................... 2.0 1.9 relationship or the distribution of power and responsibilities established in the Parkersburg is subject to the CAA’s Clean Air Act. This final rule also is not requirements for basic ozone subject to Executive Order 13045 (62 FR nonattainment areas until and unless it 19885, April 23, 1997), because it is not is redesignated to attainment. economically significant. In reviewing SIP submissions, EPA’s role is to III. Statutory and Executive Order approve state choices, provided that Reviews they meet the criteria of the Clean Air A. General Requirements Act. In this context, in the absence of a Under Executive Order 12866 (58 FR prior existing requirement for the State 51735, October 4, 1993), this final action to use voluntary consensus standards is not a ‘‘significant regulatory action’’ (VCS), EPA has no authority to and therefore is not subject to review by disapprove a SIP submission for failure the Office of Management and Budget. to use VCS. It would thus be For this reason, this action is also not inconsistent with applicable law for subject to Executive Order 13211, EPA, when it reviews a SIP submission; ‘‘Actions Concerning Regulations That to use VCS in place of a SIP submission Significantly Affect Energy Supply, that otherwise satisfies the provisions of Distribution, or Use’’ (66 FR 28355 (May the Clean Air Act. Redesignation is an 22, 2001)). This action approves state action that affects the status of a law as meeting Federal requirements geographical area and does not impose and imposes no additional requirements any new requirements on sources. Thus, beyond those imposed by State law. the requirements of section 12(d) of the Redesignation of an area to attainment National Technology Transfer and under section 107(d)(3)(e) of the Clean Advancement Act of 1995 (15 U.S.C. Air Act does not impose any new 272 note) do not apply. As required by requirements on small entities. section 3 of Executive Order 12988 (61 Redesignation is an action that affects FR 4729, February 7, 1996), in issuing the status of a geographical area and this final rule, EPA has taken the does not impose any new regulatory necessary steps to eliminate drafting requirements on sources. Accordingly, errors and ambiguity, minimize the Administrator certifies that this final potential litigation, and provide a clear rule will not have a significant legal standard for affected conduct. EPA economic impact on a substantial has complied with Executive Order number of small entities under the 12630 (53 FR 8859, March 15, 1988) by cprice-sewell on PROD1PC66 with RULES hour ozone standard. EPA is approving the associated maintenance plan for Parkersburg, submitted on September 8, 2006, as a revision to the West Virginia SIP. EPA is approving the maintenance plan for Parkersburg 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 in conjunction with its redesignation request. In this final rulemaking, EPA is notifying the public that we have found that the MVEBs for NOX and VOCs in the Parkersburg portion of the 8-hour ozone maintenance plan are adequate and approved for conformity purposes. As a result of our finding, Wood County must use the MVEBs from the submitted 8hour ozone maintenance plan for future conformity determinations. The adequate and approved MVEBs are provided in the following table: VerDate Aug<31>2005 14:51 May 07, 2007 Jkt 211001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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). 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 July 9, 2007. 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 Parkersburg, 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: April 26, 2007. Judith Katz, Acting Regional Administrator, Region III. 40 CFR parts 52 and 81 are amended as follows: I E:\FR\FM\08MYR1.SGM 08MYR1 25969 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations PART 52—[AMENDED] Subpart XX—West Virginia Parkersburg-Marietta, WV-OH Area at the end of the table to read as follows: 1. The authority citation for part 52 continues to read as follows: I 2. In § 52.2520, the table in paragraph (e) is amended by adding an entry for the 8-Hour Ozone Maintenance Plan, § 52.2520 I Authority: 42 U.S.C. 7401 et seq. Name of non-regulatory SIP revision Applicable geographic area State submittal date * * 8-Hour Ozone Maintenance Plan for the Parkersburg-Marietta, WV-OH Area. * * Wood County ................................ 09/08/06 4. In § 81.349 the table entitled ‘‘West Virginia—Ozone (8-Hour Standard)’’ is amended by revising the entry for the 3. The authority citation for part 81 continues to read as follows: * * Additional explanation * * 05/08/07 [Insert page number where the document begins]. I I Identification of plan. * * (e) * * * EPA approval date Authority: 42 U.S.C. 7401 et seq. PART 81—[AMENDED] * * Parkersburg-Marietta, WV-OH Area to read as follows: § 81.349 * West Virginia. * * * * WEST VIRGINIA—OZONE [8-Hour Standard] Category/Classification Designation a Designated Area Date 1 * * * * Parkersburg-Marietta, WV-OH Area Wood County ........................................................................................................... * * * * Type * 05/08/07 Date 1 Type * * * * Attainment. * a Includes 1 This * Indian country located in each county or area except otherwise noted. date is June 15, 2004, unless otherwise noted. * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2006–0677a; FRL–8303–2] Revisions to the Nevada State Implementation Plan, Washoe County Environmental Protection Agency (EPA). ACTION: Direct final rule. cprice-sewell on PROD1PC66 with RULES AGENCY: SUMMARY: EPA is taking direct final action to approve revisions to the Washoe County portion of the Nevada State Implementation Plan (SIP). These revisions concern particulate matter (PM) emissions from fugitive dust sources, such as open areas, unpaved roads, and construction activities. We are approving this local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). VerDate Aug<31>2005 14:51 May 07, 2007 This rule is effective on July 9, 2007 without further notice, unless EPA receives adverse comments by June 7, 2007. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2006–0677a, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected DATES: [FR Doc. E7–8678 Filed 5–7–07; 8:45 am] Jkt 211001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 should be clearly identified as such and should not be submitted through http:// www.regulations.gov or e-mail. http:// www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. 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. Docket: The index to the docket for this action is available electronically at http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. E:\FR\FM\08MYR1.SGM 08MYR1

Agencies

[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Rules and Regulations]
[Pages 25967-25969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8678]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2006-0817; FRL-8309-9]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Redesignation of the Parkersburg, WV, Portion of the 
Parkersburg-Marietta, WV-OH 8-Hour Ozone Nonattainment Area to 
Attainment and Approval of the 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 Parkersburg, West Virginia (Parkersburg) 
portion of the Parkersburg-Marietta, WV-OH area (herein referred to as 
the ``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 Parkersburg 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 Parkersburg 8-hour maintenance plan 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.

DATES: Effective Date: This final rule is effective on June 7, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2006-0817. All documents in the docket are listed in 
the www.regulations.gov website. 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:

I. Background

    On January 12, 2007 (72 FR 1474), 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 Parkersburg that sets 
forth how Parkersburg will maintain attainment of the 8-hour ozone 
NAAQS for the next 12 years. The formal SIP revision was submitted by 
the WVDEP on September 8, 2006. Other specific requirements of West 
Virginia's redesignation request SIP revision for the maintenance plan 
and the rationales for EPA's proposed actions are explained in the NPR 
and will not be restated here.
    On February 9, 2007, EPA received a comment, from the West Virginia 
Manufacturers Association, in support of its January 12, 2007 NPR. 
Also, on February 15, 2007, EPA received a comment, from the West 
Virginia Chamber of Commerce, in support of its January 12, 2007 NPR. 
EPA recognizes the support provided in these comments but does not 
believe any specific response to comments is necessary with respect to 
these comments.
    Additionally, the United States Court of Appeals for the District 
of Columbia Circuit recently vacated EPA's April 30, 2004 ``Final Rule 
to Implement the 8-Hour Ozone National Ambient Standard'' (the Phase 1 
implementation rule). South Coast Air Quality Management District v. 
EPA, 472 F.3d 882 (D.C. Cir. 2007). EPA issued a supplemental proposed 
rulemaking that set forth its views on the potential effect of the 
Court's ruling on this and other proposed redesignation actions. 72 FR 
13452 (March 22, 2007). EPA proposed to find that the Court's ruling 
does not alter any requirements relevant to the proposed redesignations 
that would prevent EPA from finalizing these redesignations, for the 
reasons fully explained in the supplemental notice. EPA provided a 15-
day review and comment period on this supplemental proposed rulemaking. 
The public comment period closed on April 6, 2007. EPA received six 
comments, all supporting EPA's supplemental proposed rulemaking, and 
supporting redesignation of the affected areas. EPA recognizes the 
support provided in these comments as well, but again, we do not 
believe any specific response to comments is necessary with respect to 
these comments. In addition, several of these comments included 
additional rationale for proceeding with these proposed redesignations. 
EPA had not requested comment on any additional rationale, does not 
believe any additional rationale is necessary, and similarly does not 
believe any specific response to these comments is necessary, and thus 
has not provided any.

II. Final Action

    EPA is approving the State of West Virginia's September 8, 2006 
redesignation request and maintenance plan because the requirements for 
approval have been satisfied. EPA has evaluated West Virginia's 
redesignation request, submitted on September 8, 2006, 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 Parkersburg has attained the 8-
hour ozone standard. The final approval of this redesignation request 
will change the designation of the Parkersburg, West Virginia portion 
of the Area from nonattainment to attainment for the 8-

[[Page 25968]]

hour ozone standard. EPA is approving the associated maintenance plan 
for Parkersburg, submitted on September 8, 2006, as a revision to the 
West Virginia SIP. EPA is approving the maintenance plan for 
Parkersburg 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 in conjunction 
with its redesignation request. In this final rulemaking, EPA is 
notifying the public that we have found that the MVEBs for 
NOX and VOCs in the Parkersburg portion of the 8-hour ozone 
maintenance plan are adequate and approved for conformity purposes. As 
a result of our finding, Wood County must use the MVEBs from the 
submitted 8-hour ozone maintenance plan for future conformity 
determinations. The adequate and approved MVEBs are provided in the 
following table:

  Adequate and Approved Motor Vehicle Emissions Budgets (MVEBs) in Tons
                              Per Day (TPD)
------------------------------------------------------------------------
                       Budget year                          NOX     VOC
------------------------------------------------------------------------
2009....................................................     4.1     3.0
2018....................................................     2.0     1.9
------------------------------------------------------------------------

    Parkersburg is subject to the CAA's requirements for basic ozone 
nonattainment areas until and unless it is redesignated to attainment.

III. 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 (Pub. L. 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).

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 July 9, 2007. 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 Parkersburg, 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: April 26, 2007.
Judith Katz,
Acting Regional Administrator, Region III.

0
40 CFR parts 52 and 81 are amended as follows:

[[Page 25969]]

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, Parkersburg-Marietta, WV-
OH 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
            revision               geographic area   submittal date   EPA approval date   Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone Maintenance Plan    Wood County.......        09/08/06  05/08/07 [Insert
 for the Parkersburg-Marietta,                                        page number where
 WV-OH Area.                                                          the document
                                                                      begins].
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.349 the table entitled ``West Virginia--Ozone (8-Hour 
Standard)'' is amended by revising the entry for the Parkersburg-
Marietta, WV-OH Area to read as follows:


Sec.  81.349  West Virginia.

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                                              West Virginia--Ozone
                                                [8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
                                              Designation a                      Category/Classification
         Designated Area         -------------------------------------------------------------------------------
                                      Date 1              Type                 Date 1                Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Parkersburg-Marietta, WV-OH Area
Wood County.....................        05/08/07  Attainment..........
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. E7-8678 Filed 5-7-07; 8:45 am]
BILLING CODE 6560-50-P