Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards, 55417-55419 [2012-22084]
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Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Rules and Regulations
of 22 feet at mean high water and 25 feet
at mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.799(h). Long Creek
and Sloop Channel both are transited by
commercial fishing and recreational
vessel traffic.
The owner of the two bridges, the
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closures to facilitate a public event, the
2012 March of Dimes Motorcycle Run.
Under this temporary deviation the
Loop Parkway Bridge and the
Meadowbrook Parkway Bridge may
remain in the closed position between
11 a.m. and 1 p.m. on September 15,
2012, to facilitate a public event, the
2012 March of Dimes Motorcycle Run.
There are no alternate routes for
vessel traffic; however, vessels that can
pass under the closed draws during this
closure may do so at any time. The
bridges may be opened in the event of
an emergency.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: August 23, 2012.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2012–22162 Filed 9–7–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
If
you have questions about this
document, call or email Mr. John
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Guard; telephone 202–372–1402, email
environmental_standards@uscg.mil. If
you have questions about viewing the
docket (USCG–2001–10486), call Ms.
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
FOR FURTHER INFORMATION CONTACT:
33 CFR Part 151
46 CFR Part 162
[Docket No. USCG–2001–10486]
RIN 1625–AA32
Standards for Living Organisms in
Ships’ Ballast Water Discharged in
U.S. Waters
Coast Guard, DHS.
Rule; information collection
approval; Correction.
AGENCY:
ACTION:
On June 13, 2012, the Coast
Guard published in the Federal Register
an announcement of effective date that
announced an information collection
approval for the Standards for Living
Organisms in Ships’ Ballast Water
Discharged in U.S. Waters (BWDS) Final
Rule (77 FR 35268). The rulemaking
triggered new information collection
requirements affecting vessel owners
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
and their potential requests for an
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compliance date otherwise applicable to
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document announced that the request to
revise the existing collection of
information to add the new request for
an extension provision was approved by
the Office of Management and Budget
(OMB) and may now be enforced. The
OMB control number is 1625–0069. The
approval for this collection of
information expires on May 31, 2015.
In the June 13, 2012, document, the
Coast Guard inadvertently failed to
indicate that we received public
submissions to the BWDS Final Rule (77
FR 17254). The Coast Guard is now
publishing a document to advise the
public that we received four public
submissions to this collection of
information. As the four public
submissions were not collection of
information-related, we did not revise
our collection of information estimates.
You may view copies of the public
submissions and the Coast Guard
responses to them in the BWDS docket
online by going to https://
www.regulations.gov, inserting USCG–
2001–10486 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ A corrected
information collection request package
has been submitted to OMB for their
review. The current 1625–0069 approval
by OMB is still effective. If OMB
decides to amend the current 1625–0069
approval, a copy of that decision will be
placed in the docket.
13:46 Sep 07, 2012
Jkt 226001
Dated: September 4, 2012.
Kathryn A. Sinniger,
Chief, Office of Regulations and
Administrative Law, U.S. Coast Guard.
[FR Doc. 2012–22240 Filed 9–7–12; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
55417
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0436; FRL–9725–1]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Section 110(a)(2)
Infrastructure Requirements for the
2008 Lead National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of West Virginia.
This SIP revision addresses the
infrastructure program elements
specified in Clean Air Act (CAA) section
110(a)(2) necessary to implement,
maintain, and enforce the 2008 lead
national ambient air quality standards
(NAAQS).
SUMMARY:
This final rule is effective on
October 10, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0436. 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, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
´
Emlyn Velez-Rosa, (215) 814–2038, or
by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
DATES:
I. Background
Section 110(a) of the CAA requires
states to submit SIP revisions that
Frm 00007
Fmt 4700
Sfmt 4700
E:\FR\FM\10SER1.SGM
10SER1
55418
Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Rules and Regulations
provide for the implementation,
maintenance, and enforcement of new
or revised NAAQS within three years
following the promulgation of such
NAAQS. Section 110(a)(2) of the CAA
directs all states to develop and
maintain an air quality management
infrastructure that includes enforceable
emission limitations, an ambient
monitoring program, an enforcement
program, air quality modeling
capabilities, and adequate personnel,
resources, and legal authority.
On July 3, 2012 (77 FR 39458), EPA
published a notice of proposed
rulemaking (NPR) for the State of West
Virginia. In the NPR, EPA proposed
approval of West Virginia’s submittal
which provides the basic program
elements specified in CAA section
110(a)(2)(A), (B), (C), (D), (E), (F), (G),
(H), (J), (K), (L), and (M), or portions
thereof, necessary to implement,
maintain, and enforce the 2008 lead
NAAQS. The formal SIP revision was
submitted by West Virginia on October
26, 2011.
wreier-aviles on DSK5TPTVN1PROD with RULES
II. Summary of SIP Revision
The SIP revision addresses the
infrastructure elements specified in
CAA section 110(a)(2)(A) through (M)
for the implementation, maintenance
and enforcement of the 2008 lead
NAAQS in West Virginia. Specifically,
West Virginia’s submittal addressed the
following infrastructure elements in
CAA section 110(a)(2): (A), (B), (C), (D),
(E), (F), (G), (H), (J), (K), (L), and (M).
Specific requirements of section
110(a)(2) as well as the rationale
supporting EPA’s proposed action are
explained in the NPR and the technical
support document and will not be
restated here. No public comments were
received on the NPR.
III. Final Action
EPA is approving West Virginia’s SIP
revision regarding the infrastructure
program elements specified in CAA
section 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M), or
portions thereof, necessary to
implement, maintain, and enforce the
2008 lead NAAQS. This action does not
include approval of portions of CAA
section 110(a)(2)(C), and 110(a)(2)(I) in
its entirety, which pertain to the
nonattainment requirements of part D,
Title I of the CAA. These two elements,
and portions thereof, are not required to
be submitted by the 3-year submission
deadline of CAA section 110(a)(1), and
thus will be addressed in a separate
process. Additionally, EPA is taking
separate action on the portions of CAA
section 110(a)(2) infrastructure elements
for the 2008 lead NAAQS as they relate
VerDate Mar<15>2010
13:46 Sep 07, 2012
Jkt 226001
to part C of Title I of the CAA, including
section 110(a)(2)(C), (D) and (J) of the
CAA. See 77 FR 45302 (July 31, 2012).
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 action 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. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 9, 2012. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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, which
approves the CAA section 110(a)(2)
infrastructure requirements of West
Virginia for the 2008 lead NAAQS, 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, Incorporation by
reference, Reporting and recordkeeping
requirements.
Dated: August 23, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
E:\FR\FM\10SER1.SGM
10SER1
Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Rules and Regulations
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(e) is amended by adding entries at the
■
*
*
Additional explanation
*
Statewide .......
10/26/11 ..
*
*
9/10/12 [Insert Federal Register
page number where the document begins and date].
*
*
This action addresses the following
CAA elements: 110(a)(2)(A), (B),
(C), (D), (E), (F), (G), (H), (J), (K),
(L), and (M), or portions thereof.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0376; FRL–9725–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Section 110(a)(2)
Infrastructure Requirements for the
2008 Lead National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware. The
SIP revision addresses the infrastructure
elements specified in section 110(a)(2)
of the Clean Air Act (CAA), necessary to
implement, maintain, and enforce the
2008 lead national ambient air quality
standards (NAAQS). EPA is approving
this SIP revision in accordance with the
requirements of the CAA.
DATES: This final rule is effective on
October 10, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0376. 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
SUMMARY:
wreier-aviles on DSK5TPTVN1PROD with RULES
Identification of plan.
*
*
(e) * * *
EPA approval date
BILLING CODE 6560–50–P
13:46 Sep 07, 2012
*
State
submittal
date
[FR Doc. 2012–22084 Filed 9–7–12; 8:45 am]
VerDate Mar<15>2010
§ 52.2520
Applicable
geographic or
nonattainment
area
Name of non-regulatory SIP revision
*
*
Section 110(a)(2) Infrastructure Requirements for the 2008 Lead
NAAQS.
end of the table for Section 110(a)(2)
Infrastructure Requirements for the 2008
Lead NAAQS to read as follows:
55419
Jkt 226001
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 Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
Rose
Quinto, (215) 814–2182, or by email at
quinto.rose@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On July 3, 2012 (77 FR 39456),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of Delaware’s submittal that provides
the basic elements specified in section
110(a)(2) of the CAA, or portions
thereof, necessary to implement,
maintain, and enforce the 2008 lead
NAAQS.
II. Summary of SIP Revision
On October 17, 2011, the Delaware
Department of Natural Resources and
Environmental Control submitted a SIP
revision that addresses the
infrastructure elements specified in
section 110(a)(2) of the CAA, necessary
to implement, maintain and enforce the
2008 lead NAAQS. This submittal
addressed the following infrastructure
elements of section 110(a)(2): (A), (B),
(C), (D), (E), (F), (G), (H), (I), (J), (K), (L),
and (M).
Specific requirements of section
110(a)(2) of the CAA and the rationale
for EPA’s proposed action to approve
the SIP submittal are explained in the
NPR and the technical support
document (TSD) and will not be restated
here. No public comments were
received on the NPR.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
III. Final Action
EPA is approving Delaware’s
submittal which provides the basic
program elements specified in section
110(a)(2)(A), (B), (C), (D), (E), (F), (G),
(H), (J), (K), (L), and (M) of the CAA, or
portions thereof, necessary to
implement, maintain, and enforce the
2008 lead NAAQS, as a revision to the
Delaware SIP. This action is being taken
under section 110 of the CAA. This
action does not include the sections, or
portions thereof, of 110(a)(2)(C) and
110(a)(2)(I) of the CAA which pertain to
the nonattainment requirements of part
D, Title I of the CAA, since these two
elements are not required to be
submitted by the 3-year submission
deadline of CAA section 110(a)(1), and
will be addressed in a separate process.
Additionally, EPA is taking separate
action on the portions of CAA section
110(a)(2) infrastructure elements for the
2008 lead NAAQS as they relate to
Delaware’s Prevention of Significant
Deterioration (PSD) program, as
required by part C of Title I of the CAA
which include the following
infrastructure elements: CAA section
110(a)(2)(C), (D) and (J). See 77 FR
45527 (August 1, 2012).
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
E:\FR\FM\10SER1.SGM
10SER1
]]>Agencies
[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Rules and Regulations]
[Pages 55417-55419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22084]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0436; FRL-9725-1]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Section 110(a)(2) Infrastructure Requirements for the
2008 Lead National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of West Virginia. This SIP revision addresses
the infrastructure program elements specified in Clean Air Act (CAA)
section 110(a)(2) necessary to implement, maintain, and enforce the
2008 lead national ambient air quality standards (NAAQS).
DATES: This final rule is effective on October 10, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0436. 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, West Virginia 25304.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
Section 110(a) of the CAA requires states to submit SIP revisions
that
[[Page 55418]]
provide for the implementation, maintenance, and enforcement of new or
revised NAAQS within three years following the promulgation of such
NAAQS. Section 110(a)(2) of the CAA directs all states to develop and
maintain an air quality management infrastructure that includes
enforceable emission limitations, an ambient monitoring program, an
enforcement program, air quality modeling capabilities, and adequate
personnel, resources, and legal authority.
On July 3, 2012 (77 FR 39458), EPA published a notice of proposed
rulemaking (NPR) for the State of West Virginia. In the NPR, EPA
proposed approval of West Virginia's submittal which provides the basic
program elements specified in CAA section 110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof,
necessary to implement, maintain, and enforce the 2008 lead NAAQS. The
formal SIP revision was submitted by West Virginia on October 26, 2011.
II. Summary of SIP Revision
The SIP revision addresses the infrastructure elements specified in
CAA section 110(a)(2)(A) through (M) for the implementation,
maintenance and enforcement of the 2008 lead NAAQS in West Virginia.
Specifically, West Virginia's submittal addressed the following
infrastructure elements in CAA section 110(a)(2): (A), (B), (C), (D),
(E), (F), (G), (H), (J), (K), (L), and (M). Specific requirements of
section 110(a)(2) as well as the rationale supporting EPA's proposed
action are explained in the NPR and the technical support document and
will not be restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving West Virginia's SIP revision regarding the
infrastructure program elements specified in CAA section 110(a)(2)(A),
(B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions
thereof, necessary to implement, maintain, and enforce the 2008 lead
NAAQS. This action does not include approval of portions of CAA section
110(a)(2)(C), and 110(a)(2)(I) in its entirety, which pertain to the
nonattainment requirements of part D, Title I of the CAA. These two
elements, and portions thereof, are not required to be submitted by the
3-year submission deadline of CAA section 110(a)(1), and thus will be
addressed in a separate process. Additionally, EPA is taking separate
action on the portions of CAA section 110(a)(2) infrastructure elements
for the 2008 lead NAAQS as they relate to part C of Title I of the CAA,
including section 110(a)(2)(C), (D) and (J) of the CAA. See 77 FR 45302
(July 31, 2012).
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
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 action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 9, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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, which approves the CAA section 110(a)(2)
infrastructure requirements of West Virginia for the 2008 lead NAAQS,
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, Incorporation by
reference, Reporting and recordkeeping requirements.
Dated: August 23, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is 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.
[[Page 55419]]
Subpart XX--West Virginia
0
2. In Sec. 52.2520, the table in paragraph (e) is amended by adding
entries at the end of the table for Section 110(a)(2) Infrastructure
Requirements for the 2008 Lead NAAQS to read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(e) * * *
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Applicable geographic or State submittal
Name of non-regulatory SIP revision nonattainment area date EPA approval date Additional explanation
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* * * * * * *
Section 110(a)(2) Infrastructure Statewide................ 10/26/11............ 9/10/12 [Insert Federal Register This action addresses the
Requirements for the 2008 Lead page number where the document following CAA elements:
NAAQS. begins and date]. 110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K),
(L), and (M), or portions
thereof.
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[FR Doc. 2012-22084 Filed 9-7-12; 8:45 am]
BILLING CODE 6560-50-P
