Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Amendments to West Virginia's Ambient Air Quality Standards, 65493-65495 [2012-26390]
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Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations
[FR Doc. 2012–26403 Filed 10–26–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0608; FRL–9745–7]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Amendments to West
Virginia’s Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the West
Virginia State Implementation Plan
(SIP). The revision pertains to
amendments of West Virginia’s
Legislative Rule, 45 CSR 8- Ambient Air
Quality Standards. The amendments
change the effective date of the
incorporation by reference of the
National Ambient Air Quality Standards
(NAAQS) for sulfur oxides, nitrogen
dioxide, lead, particulate matter and
carbon monoxide as well as their
monitoring reference and equivalent
methods. EPA is approving these
revisions in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on
December 28, 2012 without further
notice, unless EPA receives adverse
written comment by November 28,
2012. 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–
R03–OAR–2012–0608 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: mastro.donna@epa.gov.
C. Mail: EPA–R03–OAR–2012–0608,
Donna Mastro, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, 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.
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DATES:
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Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2012–
0608. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov, your
email 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
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 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, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
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65493
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On June 6, 2012, the West Virginia
Department of Environmental Protection
(WVDEP) submitted a formal revision to
its SIP pertaining to amendments of
Legislative Rule, 45 CSR 8—Ambient
Air Quality Standards. The SIP revision
consists of a change in the effective date
of the incorporation by reference of the
NAAQS and their monitoring reference
and equivalent methods. EPA had
approved a previous revision of
Legislative Rule 45 CSR 8 on September
12, 2012 (77 FR 56125).
II. Summary of SIP Revision
This SIP revision is part of an annual
submission by WVDEP to update their
incorporation by reference of the
National Primary and Secondary
Ambient Air Quality Standards which
are found at 40 CFR Part 50. The SIP
revision also updates the incorporation
by reference of the Ambient Air
Monitoring Reference and Equivalent
Methods which are found at 40 CFR Part
53. The amendments to the legislative
rule include changes to section 45–8–1
(General) in which the filing and
effective dates are changed to reflect the
update of the legislative rule. They also
include changes to section 45–8–3
(Adoption of Standards) in which the
effective dates for the incorporation by
reference of the National Primary and
Secondary Ambient Air Quality
Standards and the Ambient Air
Monitoring Reference and Equivalent
Methods are also changed to reflect the
update of the legislative rule. The filing
and effective dates of the legislative rule
were updated and changed to May 1,
2012 and June 1, 2012 respectively. The
effective date of the incorporation by
reference of 40 CFR Part 50 and 40 CFR
Part 53 changed from June 16, 2011 to
June 1, 2012.
III. Final Action
EPA is approving the amendments to
Legislative Rule, 45 CSR 8—Ambient
Air Quality Standards, into the West
Virginia SIP. EPA is publishing this rule
without prior proposal because we view
this as a noncontroversial amendment
and anticipate 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
December 28, 2012 without further
notice unless EPA receives adverse
comment by November 28, 2012. If EPA
receives adverse comment, EPA will
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65494
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations
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
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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);
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• 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
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Court of Appeals for the appropriate
circuit by December 28, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking.
This action pertaining to the
amendments of Legislative Rule 45 CSR
8 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, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides.
Dated: October 10, 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.
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(c) is amended by revising the entries
for 45–8–1 through 45–8–4 to read as
follows:
■
§ 52.2520
*
Identification of plan.
*
*
(c) * * *
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65495
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation
[Chapter 16–20 or 45
CSR]
*
State
effective
date
Title/subject
*
*
Additional explanation/
citation at 40 CFR 52.2565
EPA approval date
*
*
*
*
[45 CSR] Series 8 Ambient Air Quality Standards
45–8–1 ......................
General ........................................
6/1/12
45–8–2 ......................
Definitions ....................................
6/1/12.
45–8–3 ......................
Adoption of Standards .................
6/1/12
45–8–4 ......................
Inconsistency Between Rules .....
6/1/12
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 412, 413, 424, and 476
[CMS–1588–CN3]
RIN 0938–AR12
Medicare Program; Hospital Inpatient
Prospective Payment Systems for
Acute Care Hospitals and the Long
Term Care Hospital Prospective
Payment System and Fiscal Year 2013
Rates; Hospitals’ Resident Caps for
Graduate Medical Education Payment
Purposes; Quality Reporting
Requirements for Specific Providers
and for Ambulatory Surgical Centers;
Corrections
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical errors that appeared in the
final rule that appeared in the August
31, 2012 Federal Register entitled
‘‘Medicare Program; Hospital Inpatient
Prospective Payment Systems for Acute
Care Hospitals and the Long Term Care
Hospital Prospective Payment System
and Fiscal Year 2013 Rates; Hospitals’
Resident Caps for Graduate Medical
Education Payment Purposes; Quality
Reporting Requirements for Specific
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*
I. Background
In FR Doc. 2012–19079 of August 31,
2012 (77 FR 53258) (hereinafter referred
to as the FY 2013 IPPS/LTCH PPS final
rule), there were technical and
typographical errors that are identified
and corrected in the Correction of Errors
section of this correcting document. We
note that in the October 3, 2012 Federal
Register (77 FR 60315), we corrected a
number of the errors in the FY 2013
IPPS/LTCH PPS final rule including an
error in the table regarding the final
performance standards for the FY 2015
Hospital Value-Based Purchasing
(HVBP) program. (For more detailed
information, see sections II.A. and
IV.A.11. of the October 3, 2012
correcting document).
II. Summary of Errors
A. Errors in the Preamble
On pages 53601 and 53602, we have
determined that there were also errors
in the achievement thresholds and
benchmark values presented in the
Clinical Process of Care measures
section of the final performance
standards for the FY 2015 HVBP
Program table. The omission of the label
for the HF–1 measure resulted in the
performance standards for all
subsequent measures being shifted up
one line each. The table now reflects the
corrections for all finalized Clinical
Process of Care measures.
PO 00000
Frm 00035
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Filing and effective dates are revised.
Effective date is revised.
*
Providers and for Ambulatory Surgical
Centers.’’
DATES: Effective Date: October 26, 2012.
FOR FURTHER INFORMATION CONTACT: Tzvi
Hefter, (410) 786–4487.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2012–26390 Filed 10–26–12; 8:45 am]
SUMMARY:
10/29/12 .......................................
[Insert page number where the
document begins].
10/29/12.
[Insert page number where the
document begins].
10/29/12 .......................................
[Insert page number where the
document begins].
10/29/12.
[Insert page number where the
document begins].
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*
*
B. Errors in the Addendum
On page 53695, we made
typographical errors in the charge
inflation factor for the FY 2013 IPPS
outlier threshold.
III. Waiver of Proposed Rulemaking
and Delay of Effective Date
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive this notice and comment
procedure if the Secretary finds, for
good cause, that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and incorporates a statement of
the finding and the reasons therefore in
the notice.
Section 553(d) of the APA ordinarily
requires a 30-day delay in effective date
of final rules after the date of their
publication in the. This 30-day delay in
effective date can be waived, however,
if an agency finds for good cause that
the delay is impracticable, unnecessary,
or contrary to the public interest, and
the agency incorporates a statement of
the findings and its reasons in the rule
issued.
In our view, this correcting document
does not constitute a rule that would be
subject to the APA notice and comment
or delayed effective date requirements.
This correcting document corrects
technical and typographical errors in
the preamble and addendum, but does
not make substantive changes to the
policies or payment methodologies that
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]]>Agencies
[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65493-65495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26390]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0608; FRL-9745-7]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Amendments to West Virginia's Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
West Virginia State Implementation Plan (SIP). The revision pertains to
amendments of West Virginia's Legislative Rule, 45 CSR 8- Ambient Air
Quality Standards. The amendments change the effective date of the
incorporation by reference of the National Ambient Air Quality
Standards (NAAQS) for sulfur oxides, nitrogen dioxide, lead,
particulate matter and carbon monoxide as well as their monitoring
reference and equivalent methods. EPA is approving these revisions in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on December 28, 2012 without further
notice, unless EPA receives adverse written comment by November 28,
2012. 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-
R03-OAR-2012-0608 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: mastro.donna@epa.gov.
C. Mail: EPA-R03-OAR-2012-0608, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2012-0608. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
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
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 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,
West Virginia 25304.
FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On June 6, 2012, the West Virginia Department of
Environmental Protection (WVDEP) submitted a formal revision to its SIP
pertaining to amendments of Legislative Rule, 45 CSR 8--Ambient Air
Quality Standards. The SIP revision consists of a change in the
effective date of the incorporation by reference of the NAAQS and their
monitoring reference and equivalent methods. EPA had approved a
previous revision of Legislative Rule 45 CSR 8 on September 12, 2012
(77 FR 56125).
II. Summary of SIP Revision
This SIP revision is part of an annual submission by WVDEP to
update their incorporation by reference of the National Primary and
Secondary Ambient Air Quality Standards which are found at 40 CFR Part
50. The SIP revision also updates the incorporation by reference of the
Ambient Air Monitoring Reference and Equivalent Methods which are found
at 40 CFR Part 53. The amendments to the legislative rule include
changes to section 45-8-1 (General) in which the filing and effective
dates are changed to reflect the update of the legislative rule. They
also include changes to section 45-8-3 (Adoption of Standards) in which
the effective dates for the incorporation by reference of the National
Primary and Secondary Ambient Air Quality Standards and the Ambient Air
Monitoring Reference and Equivalent Methods are also changed to reflect
the update of the legislative rule. The filing and effective dates of
the legislative rule were updated and changed to May 1, 2012 and June
1, 2012 respectively. The effective date of the incorporation by
reference of 40 CFR Part 50 and 40 CFR Part 53 changed from June 16,
2011 to June 1, 2012.
III. Final Action
EPA is approving the amendments to Legislative Rule, 45 CSR 8--
Ambient Air Quality Standards, into the West Virginia SIP. EPA is
publishing this rule without prior proposal because we view this as a
noncontroversial amendment and anticipate 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 December 28, 2012 without further notice unless EPA
receives adverse comment by November 28, 2012. If EPA receives adverse
comment, EPA will
[[Page 65494]]
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 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 December 28, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking.
This action pertaining to the amendments of Legislative Rule 45 CSR
8 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, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides.
Dated: October 10, 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.
Subpart XX--West Virginia
0
2. In Sec. 52.2520, the table in paragraph (c) is amended by revising
the entries for 45-8-1 through 45-8-4 to read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
[[Page 65495]]
EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
Additional
State citation [Chapter 16-20 or State explanation/
45 CSR] Title/subject effective EPA approval date citation at 40 CFR
date 52.2565
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
45-8-1.......................... General.............. 6/1/12 10/29/12............ Filing and effective
[Insert page number dates are revised.
where the document
begins].
45-8-2.......................... Definitions.......... 6/1/12. 10/29/12.
[Insert page number
where the document
begins].
45-8-3.......................... Adoption of Standards 6/1/12 10/29/12............ Effective date is
[Insert page number revised.
where the document
begins].
45-8-4.......................... Inconsistency Between 6/1/12 10/29/12.
Rules. [Insert page number
where the document
begins].
* * * * * * *
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[FR Doc. 2012-26390 Filed 10-26-12; 8:45 am]
BILLING CODE 6560-50-P
