Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Update to Materials Incorporated by Reference, 44884-44886 [2013-17836]

Download as PDF 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).) VerDate Mar<15>2010 13:48 Jul 24, 2013 Jkt 229001 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 Frm 00014 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: E:\FR\FM\25JYR1.SGM 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. VerDate Mar<15>2010 13:48 Jul 24, 2013 Jkt 229001 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 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: VerDate Mar<15>2010 13:48 Jul 24, 2013 Jkt 229001 * * 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 * * 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 25JYR1

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]


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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

0
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

0
2. Section 52.2520 is amended by:
0
a. Revising paragraph (b);

[[Page 44886]]

0
b. Revising the heading of paragraph (c); and
0
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.

* * * * *
    (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
----------------------------------------------------------------------------------------------------------------
                                                                                                 Additional
State citation [Chapter 16-      Title/subject           State        EPA approval date    explanation/ citation
       20 or 45 CSR]                                effective date                           at 40 CFR 52.2565
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 [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.............  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
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