Approval and Promulgation of Air Quality Implementation Plans; West Virginia; The 2002 Base Year Emissions Inventory for the West Virginia Portion of the Steubenville-Weirton, OH-WV Nonattainment Area for the 1997 Fine Particulate Matter National Ambient Air Quality Standard, 22423-22425 [2013-08835]
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Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Rules and Regulations
Approved: April 4, 2013.
A.B. Fischer,
Captain, JAGC, U.S. Navy, Deputy Assistant
Judge Advocate, General (Admiralty and
Maritime Law).
Dated: April 8, 2013.
C.K. Chiappetta,
Lieutenant Commander, Office of the Judge
Advocate General, U.S. Navy,Federal Register
Liaison Officer.
[FR Doc. 2013–08914 Filed 4–15–13; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0236]
Drawbridge Operation Regulations;
Taunton River, Fall River and
Somerset, MA
Coast Guard, DHS.
Notice of temporary deviation
from regulation.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is issuing a
temporary deviation from the regulation
governing the operation of the
Brightman Street Bridge across the
Taunton River, mile 1.8, between Fall
River and Somerset, Massachusetts. The
deviation is necessary to facilitate
power equipment upgrades. During this
temporary deviation, the bridge may
remain in the closed position for five
hours.
This deviation is effective from
4:30 p.m. until 9:30 p.m. on April 16,
2013.
ADDRESSES: The docket for this
deviation, [USCG–2013–0236] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140, on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
wreier-aviles on DSK5TPTVN1PROD with RULES
DATES:
If
you have questions on this temporary
deviation, call or email Mr. John
McDonald, Project Officer, First Coast
Guard District,
john.w.mcdonald@uscg.mil, or (617)
223–8364. If you have questions on
viewing the docket, call Barbara
FOR FURTHER INFORMATION CONTACT:
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Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The
Brightman Street Bridge has a vertical
clearance of 27 feet at mean high water
and 31 feet at mean low water in the
closed position. Currently, in
accordance with 33 CFR 117.619, the
draw opens on signal between 5 a.m.
and 9 p.m. From 9 p.m. until 5 a.m. the
draw opens on signal with at least one
hour advance notice.
The bridge owner, Massachusetts
Department of Transportation, requested
a five hour closure to facilitate electrical
upgrades by the local power company,
National Grid.
Under this temporary deviation the
Brightman Street Bridge may remain in
the closed position from 4:30 p.m. until
9:30 p.m. on April 16, 2013.
The Taunton River is a recreational
waterway. The bridge rarely opens
during the time period this temporary
deviation will be in effect.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated repair period.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: April 4, 2013.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2013–08843 Filed 4–15–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0369; FRL–9803–2]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; The 2002 Base Year
Emissions Inventory for the West
Virginia Portion of the SteubenvilleWeirton, OH-WV Nonattainment Area
for the 1997 Fine Particulate Matter
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving the 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 June 24, 2009
for the Steubenville-Weirton, OH–WV
nonattainment area (the Steubenville-
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
22423
Weirton Area) for the 1997 annual fine
particulate matter (PM2.5) National
Ambient Air Quality Standard
(NAAQS). The emissions inventory is
part of a SIP revision that was submitted
to meet West Virginia’s nonattainment
requirements related to the
Steubenville-Weirton Area. 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
May 16, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0369. 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: This
supplementary information section is
arranged as follows:
I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On December 26, 2012 (77 FR 75933),
EPA published a notice of proposed
rulemaking (NPR) for the State of West
Virginia. The NPR proposed approval of
the PM2.5 2002 base year emissions
inventory for the West Virginia portion
of the Steubenville-Weirton Area. The
formal SIP revision was submitted by
the State of West Virginia on June 24,
2009.
II. Summary of SIP Revision
The PM2.5 2002 base year emission
inventory submitted by WVDEP on June
E:\FR\FM\16APR1.SGM
16APR1
22424
Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Rules and Regulations
24, 2009 for the West Virginia portion
of the Steubenville-Weirton Area
includes emissions estimates that cover
the general source categories of point
sources, area sources, on-road mobile
sources, and non-road mobile sources.
The pollutants that comprise the
inventory are PM2.5, coarse particles
(PM10), nitrogen oxides (NOX), volatile
organic compounds (VOC), ammonia
(NH3), and sulfur dioxide (SO2). The
year 2002 was selected by WVDEP as
the base year for the emissions
inventory per 40 CFR 51.1008(b).
EPA reviewed the results, procedures
and methodologies for the base year
emissions inventory submitted by
WVDEP. EPA found that the process
used to develop this emissions
inventory for the West Virginia portion
of the Steubenville-Weirton Area is
adequate and meets the requirements of
CAA section 172(c)(3), the
implementing regulations, and EPA
guidance for emission inventories.
EPA’s evaluation can be found in the
Technical Support Document dated
August 12, 2010, available online at
www.regulations.gov, Docket No. EPA–
R03–OAR–2012–0369. 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 West
Virginia portion of the SteubenvilleWeirton as a revision to the West
Virginia SIP.
wreier-aviles on DSK5TPTVN1PROD with RULES
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
VerDate Mar<15>2010
15:24 Apr 15, 2013
Jkt 229001
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,
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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 June 17, 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 West
Virginia portion of the SteubenvilleWeirton 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
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 3, 2013.
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.
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) * * *
E:\FR\FM\16APR1.SGM
16APR1
*
*
Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Rules and Regulations
State
submittal
date
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 SteubenvilleWeirton, OH–WV 1997 PM2.5 nonattainment area.
3. Section 52.2531 is amended by
adding paragraph (e) to read as follows:
■
§ 52.2531
Base year emissions inventory.
*
*
*
*
*
(e) EPA approves as a revision to the
West Virginia State Implementation
Plan the 2002 base year emissions
inventory for the West Virginia portion
of the Steubenville-Weirton, OH-WV
fine particulate matter (PM2.5)
nonattainment area submitted by the
West Virginia Department of
Environmental Protection on June 24,
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).
[FR Doc. 2013–08835 Filed 4–15–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R09–OAR–2013–0104; FRL–9802–6]
Designation of Areas for Air Quality
Planning Purposes; State of Nevada;
Total Suspended Particulate
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
wreier-aviles on DSK5TPTVN1PROD with RULES
AGENCY:
SUMMARY: EPA is taking direct final
action to delete certain area
designations for total suspended
particulate within the State of Nevada
because the designations are no longer
necessary. These designations relate to
the attainment or unclassifiable areas for
total suspended particulate in Clark
County as well as the following
nonattainment areas for total suspended
particulate elsewhere within the State of
Nevada: Carson Desert, Winnemucca
Segment, Lower Reese Valley, Fernley
Area, Mason Valley, and Clovers Area.
EPA is taking this action under the
Clean Air Act.
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15:24 Apr 15, 2013
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*
This rule is effective on June 17,
2013, unless EPA receives adverse
comment by May 16, 2013. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2013–0104, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov: Follow the on-line
instructions for submitting comments.
2. Email: oconnor.karina@epa.gov.
3. Mail or deliver: Karina O’Connor
(AIR–2), 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 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
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
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 email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. 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.
Docket: The index to the docket for
this action is available electronically at
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
DATES:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
6/24/09
EPA approval date
*
4/16/13 [Insert page
number where the
document begins].
22425
Additional
explanation
*
52.2531(e).
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
below.
FOR FURTHER INFORMATION CONTACT:
Karina O’Connor, EPA Region IX, (775)
434–8176, oconnor.karina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Statutory and Regulatory Background
II. EPA’s Evaluation of the Effect of Deleting
Certain TSP Area Designations
A. General Considerations
B. Deletion of TSP Attainment or
Unclassifiable Area Designations in
Clark County
C. Deletion of TSP Nonattainment Area
Designations for Carson Desert,
Winnemucca Segment, Lower Reese
Valley, Fernley Area, Mason Valley, and
Clovers Area
III. Final Action and Request for Comment
IV. Statutory and Executive Order Reviews
I. Statutory and Regulatory Background
On April 30, 1971 (36 FR 8186),
pursuant to section 109 of the Clean Air
Act (‘‘Act’’ or CAA), as amended in
1970, EPA promulgated the original
National Ambient Air Quality Standards
(NAAQS) for the ‘‘criteria’’ pollutants,
which included carbon monoxide,
hydrocarbons, nitrogen dioxide,
photochemical oxidant, sulfur dioxide,
and particulate matter. The original
NAAQS for particulate matter was
defined in terms of a reference method
that called for measuring particulate
matter up to a nominal size of 25 to 45
micrometers or microns. This fraction of
total ambient particulate matter is
referred to as ‘‘total suspended
particulate’’ or TSP. Within nine
months thereafter, each State was
required under section 110 of the 1970
amended Act to adopt and submit to
EPA a plan, referred to as a State
Implementation Plan (SIP), which
provides for the implementation,
maintenance, and enforcement of the
NAAQS within each State. The State of
Nevada submitted its SIP on January 28,
E:\FR\FM\16APR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Rules and Regulations]
[Pages 22423-22425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08835]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0369; FRL-9803-2]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; The 2002 Base Year Emissions Inventory for the West
Virginia Portion of the Steubenville-Weirton, OH-WV 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 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 June 24, 2009 for
the Steubenville-Weirton, OH-WV nonattainment area (the Steubenville-
Weirton Area) for the 1997 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS). The
emissions inventory is part of a SIP revision that was submitted to
meet West Virginia's nonattainment requirements related to the
Steubenville-Weirton Area. 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 May 16, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0369. 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: This supplementary information section is
arranged as follows:
I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On December 26, 2012 (77 FR 75933), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. The NPR
proposed approval of the PM2.5 2002 base year emissions
inventory for the West Virginia portion of the Steubenville-Weirton
Area. The formal SIP revision was submitted by the State of West
Virginia on June 24, 2009.
II. Summary of SIP Revision
The PM2.5 2002 base year emission inventory submitted by
WVDEP on June
[[Page 22424]]
24, 2009 for the West Virginia portion of the Steubenville-Weirton Area
includes emissions estimates that cover the general source categories
of point sources, area sources, on-road mobile sources, and non-road
mobile sources. The pollutants that comprise the inventory are
PM2.5, coarse particles (PM10), nitrogen oxides
(NOX), volatile organic compounds (VOC), ammonia
(NH3), and sulfur dioxide (SO2). The year 2002
was selected by WVDEP as the base year for the emissions inventory per
40 CFR 51.1008(b).
EPA reviewed the results, procedures and methodologies for the base
year emissions inventory submitted by WVDEP. EPA found that the process
used to develop this emissions inventory for the West Virginia portion
of the Steubenville-Weirton Area is adequate and meets the requirements
of CAA section 172(c)(3), the implementing regulations, and EPA
guidance for emission inventories. EPA's evaluation can be found in the
Technical Support Document dated August 12, 2010, available online at
www.regulations.gov, Docket No. EPA-R03-OAR-2012-0369. 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 West Virginia portion of the Steubenville-Weirton 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 June 17, 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 West Virginia portion of the Steubenville-
Weirton 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 requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 3, 2013.
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.
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) * * *
[[Page 22425]]
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2002 Base Year Emissions West Virginia 6/24/09 4/16/13 [Insert page number 52.2531(e).
Inventory for the 1997 fine portion of the where the document begins].
particulate matter (PM2.5) Steubenville-
standard. Weirton, OH-WV
1997 PM2.5
nonattainment
area.
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.2531 is amended by adding paragraph (e) to read as
follows:
Sec. 52.2531 Base year emissions inventory.
* * * * *
(e) EPA approves as a revision to the West Virginia State
Implementation Plan the 2002 base year emissions inventory for the West
Virginia portion of the Steubenville-Weirton, OH-WV fine particulate
matter (PM2.5) nonattainment area submitted by the West
Virginia Department of Environmental Protection on June 24, 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).
[FR Doc. 2013-08835 Filed 4-15-13; 8:45 am]
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