Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Update to Materials Incorporated by Reference, 44884-44886 [2013-17836]
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44884
Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA lacks the discretionary authority
to address environmental justice in this
action. In reviewing SIP submissions,
EPA’s role is to approve or disapprove
state choices, based on the criteria of the
CAA. Accordingly, this action merely
disapproves certain state requirements
for inclusion into the SIP under section
110 and subchapter I, part D of the CAA
and will not in-and-of itself create any
new requirements. Accordingly, it 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.
ehiers on DSK2VPTVN1PROD with RULES
Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. 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).
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 September 23, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: July 10, 2013.
Susan Hedman,
Regional Administrator, Region 5.
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 P—Indiana
2. Section 52.2592 is added to read as
follows:
■
§ 52.2592 Review of new sources and
modifications.
Disapproval—On May 12, 2011, the
Wisconsin Department of Natural
Resources submitted a proposed
revision to its State Implementation
Plan to update its rules to match the
2008 New Source Review
Implementation Rule for PM2.5. The
State supplemented the submittal on
March 5, 2012. EPA determined that
this submittal was not approvable
because the revisions did not explicitly
identify the precursors to PM2.5 and did
not contain the prescribed language to
ensure that gases that condense to form
PM, known as condensables, are
regulated within PM2.5 and PM10
emission limits.
[FR Doc. 2013–17837 Filed 7–24–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[WV104–6042; FRL–9828–8]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
EPA is updating the materials
that are incorporated by reference (IBR)
into the West Virginia State
Implementation Plan (SIP). The
regulations affected by this update have
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
been previously submitted by the West
Virginia Department of Environmental
Protection (WV DEP) and approved by
EPA. This update affects the SIP
materials that are available for public
inspection at the National Archives and
Records Administration (NARA), the
Air and Radiation Docket and
Information Center located at EPA
Headquarters in Washington, DC, and
the EPA Regional Office.
DATES: This action is effective July 25,
2013.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; the
Air and Radiation Docket and
Information Center, U.S. Environmental
Protection Agency, 1301 Constitution
Avenue NW., Room Number 3334, EPA
West Building, Washington, DC 20460;
or the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376 or by
email at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference Federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
February 10, 2005 (70 FR 7024), EPA
published a Federal Register beginning
the new IBR procedure for West
Virginia. On February 28, 2007 (72 FR
8903) February 10, 2009 (74 FR 6542),
and December 28, 2010 (75 FR 81474),
EPA published updates to the IBR
material for West Virginia.
Since the publication of the last IBR
update, EPA has approved into the SIP
the following regulatory changes to the
following West Virginia regulations:
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25JYR1
Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations
A. Added Regulations
1. 45 CSR 35 (Requirements for
Determining Conformity of General
Federal Actions to Applicable Air
Quality Implementation Plans (General
Conformity)), 45 CSR 35–5
(Inconsistency Between Rules).
B. Revised Regulations
1. 45 CSR 8 (Ambient Air Quality
Standards), sections 45–8–1 through 45–
8–4.
2. 45 CSR 14 (Permits for
Construction and Major Modification of
Major Stationary Sources of Air
Pollution for the Prevention of
Significant Deterioration), sections 45–
14–1 through 45–14–26.
3. 45 CSR 35 (Requirements for
Determining Conformity of General
Federal Actions to Applicable Air
Quality Implementation Plans (General
Conformity)), sections 45–35–1 through
45–35–4.
C. Removed Regulations
1. 45 CSR 8, sections 45–8–5 through
45–8–7.
ehiers on DSK2VPTVN1PROD with RULES
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of April 1,
2013. EPA is also correcting the entries
in the ‘‘State Citation’’ column for
Regulation 45 CSR 8 (Ambient Air
Quality Standards) to read ‘‘Section 45–
8–1,’’ ‘‘Section 45–8–2,’’ ‘‘Section 45–8–
3,’’ and ‘‘Section 45–8–4.’’
EPA has determined that today’s rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s rule simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
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44885
III. Statutory and Executive Order
Reviews
costs on tribal governments or preempt
tribal law.
A. General Requirements
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under the Clean Air Act (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
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Fmt 4700
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C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the West
Virginia SIP compilations had
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day
period for filing such petitions for
judicial review for this ‘‘Identification of
plan’’ update action for West Virginia.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 5, 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 for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
■
■
2. Section 52.2520 is amended by:
a. Revising paragraph (b);
E:\FR\FM\25JYR1.SGM
25JYR1
44886
Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations
dates on or after April 1, 2013 will be
incorporated by reference in the next
update to the SIP compilation.
(2)(i) EPA Region III certifies that the
rules and regulations provided by EPA
at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the
§ 52.2520 Identification of plan.
officially promulgated State rules and
*
*
*
*
*
regulations which have been approved
(b) Incorporation by reference.
as part of the State implementation plan
(1) Material listed as incorporated by
as of April 1, 2013.
reference in paragraphs (c) and (d) of
(ii) EPA Region III certifies that the
this section with an EPA approved date
following source-specific requirements
provided by EPA at the addresses in
of April 1, 2013 was approved for
paragraph (b)(3) of this section are an
incorporation by reference by the
exact duplicate of the officially
Director of the Federal Register in
promulgated State source-specific
accordance with 5 U.S.C. 552(a) and 1
requirements which have been
CFR part 51. The material incorporated
is as it exists on the date of the approval, approved as part of the State
and notice of any change in the material implementation plan as of November 1,
2010. No additional revisions were
will be published in the Federal
made between November 1, 2010 and
Register. Entries in paragraphs (c) and
April 1, 2013.
(d) of this section with EPA approval
b. Revising the heading of paragraph
(c); and
■ c. In paragraph (c) revising each entry
under 45 CSR 8 (Ambient Air Quality
Standards).
The revised text read as follows:
■
(3) Copies of the materials
incorporated by reference may be
inspected at the EPA Region III Office at
1650 Arch Street, Philadelphia, PA
19103. For further information, call
(215) 814–2108; the EPA, Air and
Radiation Docket and Information
Center, Room Number 3334, EPA West
Building, 1301 Constitution Avenue
NW., Washington, DC 20460. For further
information, call (202) 566–1742; or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(c) EPA-Approved Regulations and
Statutes.
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
Section 45–8–1
General .........................................
6/1/12
10/29/12, 77 FR 65493 .................
Filing and effective dates are revised.
Section 45–8–2
Section 45–8–3
Section 45–8–4
Definitions .....................................
Adoption of Standards ..................
Inconsistency Between Rules .......
6/1/12
6/1/12
6/1/12
10/29/12, 77 FR 65493 .................
10/29/12, 77 FR 65493 .................
10/29/12, 77 FR 65493 .................
Effective date is revised.
*
*
*
*
*
*
*
*
[FR Doc. 2013–17836 Filed 7–24–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0894; FRL–9837–1]
Approval and Promulgation of
Implementation Plans; Tennessee:
New Source Review-Prevention of
Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
ehiers on DSK2VPTVN1PROD with RULES
AGENCY:
EPA is taking final action to
approve portions of a revision to the
Tennessee State Implementation Plan
(SIP), submitted by the Tennessee
Department of Environment and
Conservation (TDEC) through the
Division of Air Pollution Control, to
SUMMARY:
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*
*
EPA on October 4, 2012, for parallel
processing. TDEC submitted the final
version of this SIP revision on May 10,
2013. The SIP revision approved in this
action modifies Tennessee’s New
Source Review (NSR) Prevention of
Significant Deterioration (PSD) program
to adopt, into the Tennessee SIP, federal
regulatory requirements regarding PSD
increments for fine particles with an
aerodynamic diameter of less than or
equal to 2.5 micrometers. EPA is
approving portions of Tennessee’s May
10, 2013, SIP revision because the
Agency has made the determination that
these portions of the SIP revision are in
accordance with the Clean Air Act (CAA
or Act) and EPA regulations regarding
NSR permitting.
DATES: This rule will be effective August
26, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0894. All documents in the docket
are listed on the www.regulations.gov
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*
*
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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 at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
for further information. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
E:\FR\FM\25JYR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Rules and Regulations]
[Pages 44884-44886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17836]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WV104-6042; FRL-9828-8]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: EPA is updating the materials that are incorporated by
reference (IBR) into the West Virginia State Implementation Plan (SIP).
The regulations affected by this update have been previously submitted
by the West Virginia Department of Environmental Protection (WV DEP)
and approved by EPA. This update affects the SIP materials that are
available for public inspection at the National Archives and Records
Administration (NARA), the Air and Radiation Docket and Information
Center located at EPA Headquarters in Washington, DC, and the EPA
Regional Office.
DATES: This action is effective July 25, 2013.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 1301 Constitution Avenue NW., Room Number 3334, EPA West
Building, Washington, DC 20460; or the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376 or by
email at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, EPA, from time to
time, must take action on SIP revisions containing new and/or revised
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between EPA and the Office
of the Federal Register (OFR). The description of the revised SIP
document, IBR procedures and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997 Federal Register
document. On February 10, 2005 (70 FR 7024), EPA published a Federal
Register beginning the new IBR procedure for West Virginia. On February
28, 2007 (72 FR 8903) February 10, 2009 (74 FR 6542), and December 28,
2010 (75 FR 81474), EPA published updates to the IBR material for West
Virginia.
Since the publication of the last IBR update, EPA has approved into
the SIP the following regulatory changes to the following West Virginia
regulations:
[[Page 44885]]
A. Added Regulations
1. 45 CSR 35 (Requirements for Determining Conformity of General
Federal Actions to Applicable Air Quality Implementation Plans (General
Conformity)), 45 CSR 35-5 (Inconsistency Between Rules).
B. Revised Regulations
1. 45 CSR 8 (Ambient Air Quality Standards), sections 45-8-1
through 45-8-4.
2. 45 CSR 14 (Permits for Construction and Major Modification of
Major Stationary Sources of Air Pollution for the Prevention of
Significant Deterioration), sections 45-14-1 through 45-14-26.
3. 45 CSR 35 (Requirements for Determining Conformity of General
Federal Actions to Applicable Air Quality Implementation Plans (General
Conformity)), sections 45-35-1 through 45-35-4.
C. Removed Regulations
1. 45 CSR 8, sections 45-8-5 through 45-8-7.
II. EPA Action
In this action, EPA is announcing the update to the IBR material as
of April 1, 2013. EPA is also correcting the entries in the ``State
Citation'' column for Regulation 45 CSR 8 (Ambient Air Quality
Standards) to read ``Section 45-8-1,'' ``Section 45-8-2,'' ``Section
45-8-3,'' and ``Section 45-8-4.''
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA).
Today's rule simply codifies provisions which are already in effect as
a matter of law in Federal and approved State programs. Under section
553 of the APA, an agency may find good cause where procedures are
``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations
and incorrect table entries.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (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 rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the West Virginia SIP compilations had previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for West Virginia.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 5, 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
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1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
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2. Section 52.2520 is amended by:
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a. Revising paragraph (b);
[[Page 44886]]
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b. Revising the heading of paragraph (c); and
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c. In paragraph (c) revising each entry under 45 CSR 8 (Ambient Air
Quality Standards).
The revised text read as follows:
Sec. 52.2520 Identification of plan.
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(b) Incorporation by reference.
(1) Material listed as incorporated by reference in paragraphs (c)
and (d) of this section with an EPA approved date of April 1, 2013 was
approved for incorporation by reference by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The
material incorporated is as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates on or after April 1, 2013 will be incorporated by
reference in the next update to the SIP compilation.
(2)(i) EPA Region III certifies that the rules and regulations
provided by EPA at the addresses in paragraph (b)(3) of this section
are an exact duplicate of the officially promulgated State rules and
regulations which have been approved as part of the State
implementation plan as of April 1, 2013.
(ii) EPA Region III certifies that the following source-specific
requirements provided by EPA at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the officially promulgated State
source-specific requirements which have been approved as part of the
State implementation plan as of November 1, 2010. No additional
revisions were made between November 1, 2010 and April 1, 2013.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region III Office at 1650 Arch Street,
Philadelphia, PA 19103. For further information, call (215) 814-2108;
the EPA, Air and Radiation Docket and Information Center, Room Number
3334, EPA West Building, 1301 Constitution Avenue NW., Washington, DC
20460. For further information, call (202) 566-1742; or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA-Approved Regulations and Statutes.
EPA-Approved Regulations in the West Virginia SIP
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Additional
State citation [Chapter 16- Title/subject State EPA approval date explanation/ citation
20 or 45 CSR] effective date at 40 CFR 52.2565
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[45 CSR] Series 8 Ambient Air Quality Standards
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Section 45-8-1............. General.............. 6/1/12 10/29/12, 77 FR 65493 Filing and effective
dates are revised.
Section 45-8-2............. Definitions.......... 6/1/12 10/29/12, 77 FR 65493
Section 45-8-3............. Adoption of Standards 6/1/12 10/29/12, 77 FR 65493 Effective date is
revised.
Section 45-8-4............. Inconsistency Between 6/1/12 10/29/12, 77 FR 65493
Rules.
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[FR Doc. 2013-17836 Filed 7-24-13; 8:45 am]
BILLING CODE 6560-50-P
