Approval and Promulgation of Air Quality Implementation Plans; West Virginia; The 2002 Base Year Emissions Inventory for the Parkersburg-Marietta, WV-OH Nonattainment Area for the 1997 Fine Particulate Matter National Ambient Air Quality Standard, 73924-73926 [2012-29893]
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<![CDATA[
73924
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
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
Name of non-regulatory SIP revision
*
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 February 11, 2013. 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
pertaining to the PM2.5 2002 base year
emissions inventory for the Charleston
Area 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, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
*
2002 Base Year Emissions Inventory for the 1997 fine particulate matter (PM2.5) standard.
11/4/09
§ 52.2531
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BILLING CODE 6560–50–P
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[EPA–R03–OAR–2010–0077; FRL–9760–7]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; The 2002 Base Year
Emissions Inventory for the
Parkersburg-Marietta, WV–OH
Nonattainment Area for the 1997 Fine
Particulate Matter National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the fine
particulate matter (PM2.5) 2002 base year
emissions inventory portion of the West
Virginia State Implementation Plan
(SIP) revision submitted by the State of
West Virginia, through the West
Virginia Department of Environmental
Protection (WVDEP), on September 9,
2008. The emissions inventory is part of
the September 9, 2008 SIP revision that
SUMMARY:
PO 00000
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(e) is amended by adding at the end of
the table an entry for 2002 Base Year
Emissions Inventory for the 1997 fine
particulate matter (PM2.5) standard to
read as follows:
■
§ 52.2520
*
Identification of plan.
*
*
(e) * * *
Frm 00028
*
Fmt 4700
Sfmt 4700
*
Additional explanation
*
*
12/13/12 [Insert page
number where the document begins].
40 CFR Part 52
*
*
*
*
(d) EPA approves as a revision to the
West Virginia State Implementation
Plan the 2002 base year emissions
inventory for the Charleston, WV fine
particulate matter (PM2.5) nonattainment
area submitted by the West Virginia
Department of Environmental Protection
on November 4, 2009. The 2002 base
year emissions inventory includes
emissions estimates that cover the
general source categories of point
sources, non-road mobile sources, area
sources, on-road mobile sources, and
biogenic sources. The pollutants that
comprise the inventory are nitrogen
oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse
particles (PM10), ammonia (NH3), and
sulfur dioxide (SO2).
1. The authority citation for part 52
continues to read as follows:
■
*
ENVIRONMENTAL PROTECTION
AGENCY
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
EPA approval date
3. Section 52.2531 is amended by
adding paragraph (d) to read as follows:
Base year emissions inventory.
40 CFR part 52 is amended as follows:
State submittal
date
Charleston, WV–1997 PM2.5 nonattainment area (Kanawha and
Putnam Counties).
■
Dated: November 27, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
*
Applicable geographic area
*
requirements, Sulfur oxides, Volatile
organic compounds.
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
was submitted to meet nonattainment
requirements related to the West
Virginia portion of the ParkersburgMarietta, WV–OH nonattainment area
(hereafter referred to as the Parkersburg
Area) for the 1997 PM2.5 National
Ambient Air Quality Standard
(NAAQS). EPA is approving the 2002
base year PM2.5 emissions inventory in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
January 11, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0077. 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
E:\FR\FM\12DER1.SGM
12DER1
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
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:
Ruth Knapp, (215) 814–2191, or by
email at knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 2, 2012 (77 FR 60087),
EPA published a notice of proposed
rulemaking (NPR) for the State of West
Virginia. The NPR proposed approval of
the 2002 base year emissions inventory
portion of the West Virginia SIP revision
submitted by the State of West Virginia
on September 9, 2008.
II. Summary of SIP Revision
emcdonald on DSK67QTVN1PROD with
The 2002 base year emissions
inventory submitted by WVDEP on
September 9, 2008 for the Parkersburg
Area includes emissions estimates that
cover the general source categories of
point sources, non-road mobile sources,
area sources, on-road mobile sources,
and biogenic sources. The pollutants
that comprise the inventory are nitrogen
oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse
particles (PM10), ammonia (NH3) and
sulfur dioxide (SO2). EPA has reviewed
the results, procedures and
methodologies for the base year
emissions inventory submitted by
WVDEP. The year 2002 was selected by
WVDEP as the base year for the
emissions inventory per 40 CFR
51.1008(b). A discussion of the
emissions inventory development as
well as the emissions inventory for the
Parkersburg Area can be found in the
September 9, 2008 SIP submittal.
Specific requirements of the base year
inventory and the rationale for EPA’s
action are explained in the NPR and
will not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is approving the 2002 base year
PM2.5 emissions inventory for the
Parkersburg Area as a revision to the
West Virginia SIP.
VerDate Mar<15>2010
15:22 Dec 11, 2012
Jkt 229001
73925
IV. Statutory and Executive Order
Reviews
costs on tribal governments or preempt
tribal law.
A. General Requirements
B. Submission to Congress and the
Comptroller General
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
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
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 February 11, 2013. 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 pertaining to the PM2.5
2002 base year emissions inventory for
the Parkersburg Area 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, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: November 21, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR Part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
E:\FR\FM\12DER1.SGM
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73926
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(e) is amended by adding at the end of
■
Name of non-regulatory
SIP revision
Applicable geographic area
*
*
2002 Base Year Emissions Inventory for the 1997 fine particulate
matter (PM2.5) standard.
*
*
West Virginia portion of the Parkersburg-Marietta, WV–OH nonattainment area.
3. Section 52.2531 is amended by
adding paragraph (c) to read as follows:
■
§ 52.2531
Base year emissions inventory.
*
*
*
*
*
(c) EPA approves as a revision to the
West Virginia State Implementation
Plan the 2002 base year emissions
inventory for the Parkersburg-Marietta,
WV–OH fine particulate matter (PM2.5)
nonattainment area submitted by the
West Virginia Department of
Environmental Protection on September
9, 2008. The 2002 base year emissions
inventory includes emissions estimates
that cover the general source categories
of point sources, non-road mobile
sources, area sources, on-road mobile
sources, and biogenic sources. The
pollutants that comprise the inventory
are nitrogen oxides (NOX), volatile
organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3)
and sulfur dioxide (SO2).
[FR Doc. 2012–29893 Filed 12–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2011–0400; FRL–9756–9]
Approval and Promulgation of State
Implementation Plans; State of
Wyoming; Regional Haze Rule
Requirements for Mandatory Class I
Areas Under 40 CFR 51.309
§ 52.2520
the table an entry for 2002 Base Year
Emissions Inventory for the 1997 fine
particulate matter (PM2.5) standard to
read as follows:
*
State submittal
date
9/9/08
emissions of air pollutants from
numerous sources located over a wide
geographic area (also referred to as the
‘‘regional haze program’’). States are
required to assure reasonable progress
toward the national goal of achieving
natural visibility conditions in Class I
areas. EPA is taking this action pursuant
to section 110 of the CAA.
DATES: This final rule is effective
January 11, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2011–0400. All
documents in the docket are listed on
the www.regulations.gov Web site.
Publicly available docket materials are
available either electronically through
www.regulations.gov, or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if, at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Laurel Dygowski, Air Program,
Mailcode 8P–AR, Environmental
Protection Agency, Region 8, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6144,
dygowski.laurel@epa.gov.
EPA is approving Wyoming
State Implementation Plan (SIP)
revisions submitted on January 12, 2011
and April 19, 2012 that address regional
haze. These SIP revisions were
submitted to address the requirements
of the Clean Air Act (CAA or Act) and
our rules that require states to prevent
any future and remedy any existing
man-made impairment of visibility in
mandatory Class I areas caused by
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
i. The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
ii. The initials BART mean or refer to
Best Available Retrofit Technology.
iii. The initials EGUs mean or refer to
electric generating units.
iv. The initials GCVTC mean or refer
to the Grand Canyon Visibility
Transport Commission.
emcdonald on DSK67QTVN1PROD with
15:22 Dec 11, 2012
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PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Additional
explanation
*
52.2531(c)
v. The initials NOX mean or refer to
nitrogen oxides.
vi. The initials PM mean or refer to
particulate matter.
vii. The initials SIP mean or refer to
State Implementation Plan.
viii. The initials URP mean or refer to
uniform rate of progress.
ix. The initials WAQSR mean or refer
to Wyoming Air Quality Standards and
Regulations.
Table of Contents
I. Background
A. Regional Haze
B. Lawsuits
C. Our Proposal
D. Public Participation
II. Final Action
III. Basis for Our Final Action
IV. Issues Raised by Commenters and EPA’s
Responses
A. Backstop Trading Program
B. General Comments
V. Statutory and Executive Order Reviews
I. Background
The CAA requires each state to
develop plans, referred to as SIPs, to
meet various air quality requirements. A
state must submit its SIPs and SIP
revisions to us for approval. Once
approved, a SIP is enforceable by the
EPA and citizens under the CAA, also
known as being federally enforceable.
This action involves the requirement
that states have SIPs that address
regional haze.
A. Regional Haze
Definitions
VerDate Mar<15>2010
*
*
*
12/12/12 [Insert page number
where the document begins].
AGENCY:
SUMMARY:
*
EPA approval date
SUPPLEMENTARY INFORMATION:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
Identification of plan.
*
*
(e)* * *
In 1990, Congress added section 169B
to the CAA to address regional haze
issues, and we promulgated regulations
addressing regional haze in 1999. 64 FR
35714 (July 1, 1999), codified at 40 CFR
part 51, subpart P. The requirements for
regional haze, found at 40 CFR 51.308
and 51.309, are included in our
visibility protection regulations at 40
CFR 51.300–309. The requirement to
submit a regional haze SIP applies to all
50 states, the District of Columbia and
the Virgin Islands. States were required
to submit a SIP addressing regional haze
visibility impairment no later than
E:\FR\FM\12DER1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Rules and Regulations]
[Pages 73924-73926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29893]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0077; FRL-9760-7]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; The 2002 Base Year Emissions Inventory for the
Parkersburg-Marietta, WV-OH Nonattainment Area for the 1997 Fine
Particulate Matter National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the fine particulate matter
(PM2.5) 2002 base year emissions inventory portion of the
West Virginia State Implementation Plan (SIP) revision submitted by the
State of West Virginia, through the West Virginia Department of
Environmental Protection (WVDEP), on September 9, 2008. The emissions
inventory is part of the September 9, 2008 SIP revision that was
submitted to meet nonattainment requirements related to the West
Virginia portion of the Parkersburg-Marietta, WV-OH nonattainment area
(hereafter referred to as the Parkersburg Area) for the 1997
PM2.5 National Ambient Air Quality Standard (NAAQS). EPA is
approving the 2002 base year PM2.5 emissions inventory in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on January 11, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0077. 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
[[Page 73925]]
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: Ruth Knapp, (215) 814-2191, or by
email at knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 2, 2012 (77 FR 60087), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. The NPR
proposed approval of the 2002 base year emissions inventory portion of
the West Virginia SIP revision submitted by the State of West Virginia
on September 9, 2008.
II. Summary of SIP Revision
The 2002 base year emissions inventory submitted by WVDEP on
September 9, 2008 for the Parkersburg Area includes emissions estimates
that cover the general source categories of point sources, non-road
mobile sources, area sources, on-road mobile sources, and biogenic
sources. The pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3) and sulfur
dioxide (SO2). EPA has reviewed the results, procedures and
methodologies for the base year emissions inventory submitted by WVDEP.
The year 2002 was selected by WVDEP as the base year for the emissions
inventory per 40 CFR 51.1008(b). A discussion of the emissions
inventory development as well as the emissions inventory for the
Parkersburg Area can be found in the September 9, 2008 SIP submittal.
Specific requirements of the base year inventory and the rationale for
EPA's action are explained in the NPR and will not be restated here. No
public comments were received on the NPR.
III. Final Action
EPA is approving the 2002 base year PM2.5 emissions
inventory for the Parkersburg Area as a revision to the West Virginia
SIP.
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 February 11, 2013. 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 pertaining to the PM2.5 2002 base year
emissions inventory for the Parkersburg Area 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, Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 21, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR Part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 73926]]
Subpart XX--West Virginia
0
2. In Sec. 52.2520, the table in paragraph (e) is amended by adding at
the end of the table an entry for 2002 Base Year Emissions Inventory
for the 1997 fine particulate matter (PM2.5) standard to
read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(e)* * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2002 Base Year Emissions Inventory West Virginia portion 9/9/08 12/12/12 [Insert page 52.2531(c)
for the 1997 fine particulate of the Parkersburg- number where the
matter (PM2.5) standard. Marietta, WV-OH document begins].
nonattainment area.
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0
3. Section 52.2531 is amended by adding paragraph (c) to read as
follows:
Sec. 52.2531 Base year emissions inventory.
* * * * *
(c) EPA approves as a revision to the West Virginia State
Implementation Plan the 2002 base year emissions inventory for the
Parkersburg-Marietta, WV-OH fine particulate matter (PM2.5)
nonattainment area submitted by the West Virginia Department of
Environmental Protection on September 9, 2008. The 2002 base year
emissions inventory includes emissions estimates that cover the general
source categories of point sources, non-road mobile sources, area
sources, on-road mobile sources, and biogenic sources. The pollutants
that comprise the inventory are nitrogen oxides (NOX),
volatile organic compounds (VOCs), PM2.5, coarse particles
(PM10), ammonia (NH3) and sulfur dioxide
(SO2).
[FR Doc. 2012-29893 Filed 12-11-12; 8:45 am]
BILLING CODE 6560-50-P
