Approval and Promulgation of Air Quality Implementation Plans; West Virginia; West Virginia's Redesignation for the Parkersburg-Marietta, WV-OH 1997 Annual Fine Particulate Matter Nonattainment Area to Attainment and Approval of the Associated Maintenance Plan, 56168-56170 [2013-21792]
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56168
Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 12,
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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements. (See CAA section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 26, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. Section 52.349 is amended by
adding paragraph (q) to read as follows:
tkelley on DSK3SPTVN1PROD with RULES
■
§ 52.349 Control strategy: Carbon
monoxide.
*
*
*
*
*
(q) Revisions to the Colorado State
Implementation Plan, revised Carbon
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Monoxide Maintenance Plan for Fort
Collins, as adopted by the Colorado Air
Quality Control Commission on
December 16, 2010 and submitted by
the Governor’s designee on May 25,
2011.
[FR Doc. 2013–21987 Filed 9–11–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2012–0386; FRL–9900–71Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; West Virginia’s Redesignation
for the Parkersburg-Marietta, WV-OH
1997 Annual Fine Particulate Matter
Nonattainment Area to Attainment and
Approval of the Associated
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a
redesignation request and State
Implementation Plan (SIP) revision
submitted by the State of West Virginia.
The West Virginia Department of
Environmental Protection (WVDEP)
requested that the West Virginia portion
of the Parkersburg-Marietta, WV-OH
fine particulate matter (PM2.5)
nonattainment area (‘‘ParkersburgMarietta Area’’ or ‘‘Area’’) be
redesignated as attainment for the 1997
annual PM2.5 national ambient air
quality standard (NAAQS). In this
rulemaking action, EPA is approving the
1997 annual PM2.5 redesignation request
for the West Virginia portion of the
Area. EPA is also approving the
maintenance plan SIP revision that the
State submitted in conjunction with its
redesignation request. The maintenance
plan provides for continued attainment
of the 1997 annual PM2.5 NAAQS for 10
years after redesignation of the West
Virginia portion of the Area. The
maintenance plan includes an
insignificance determination for the
onroad motor vehicle contribution of
PM2.5, nitrogen oxides (NOX), and sulfur
dioxide (SO2) for the West Virginia
portion of the Area for purposes of
transportation conformity. EPA is also
approving West Virginia’s insignificance
determination for transportation
conformity. In addition, EPA is also
finding that the Area continues to attain
the standard. This rulemaking action
approving the 1997 annual PM2.5
NAAQS redesignation request,
SUMMARY:
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maintenance plan, and insignificance
determination for transportation
conformity for the West Virginia portion
of the Area is based on EPA’s
determination that the Area has met the
criteria for redesignation to attainment
specified in the Clean Air Act (CAA).
DATES: This final rule is effective on
September 12, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0386. 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: Rose
Quinto, (215) 814–2182, or by email at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Parkersburg-Marietta Area is
composed of Wood County and a
portion of Pleasants County in West
Virginia (West Virginia portion of the
Area) and Washington County in Ohio.
On December 11, 2012 (77 FR 73560),
EPA published a notice of proposed
rulemaking (NPR) for the State of West
Virginia. Pursuant to sections
107(d)(3)(E) and 175A of the CAA, EPA
proposed approval of West Virginia’s
redesignation request, a SIP revision
that establishes a maintenance plan for
the West Virginia portion of the Area
that provides for continued attainment
of the 1997 annual PM2.5 NAAQS for at
least 10 years after redesignation, and
the insignificance determination for
transportation conformity for the West
Virginia portion of the Area. The formal
SIP revision was submitted by WVDEP
on March 5, 2012. In a separate action,
EPA approved the base year emissions
inventory on December 12, 2012 (77 FR
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Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
73924) meeting the requirements of
section 172(c)(3) of the CAA.
On July 8, 2013 (78 FR 40655), EPA
published a supplemental NPR that
revised and expanded the basis for
proposing approval of West Virginia’s
request in light of developments since
EPA issued its initial proposal on
December 11, 2012. Principally, the
supplemental NPR addressed the effects
of the United States Court of Appeals for
the District of Columbia’s January 4,
2013 decision to remand to EPA two
final rules implementing the PM2.5
NAAQS.
Other specific details of West
Virginia’s redesignation request, the
associated maintenance plan SIP
revision and insignificance
determination, and the rationales for
EPA’s proposed actions are explained in
both the NPR and the supplemental
NPR and will not be restated here. No
public comments were received on
either of the NPRs.
II. Final Action
EPA is approving the redesignation
request, maintenance plan, and
insignificance determination for
transportation conformity for the West
Virginia portion of the Area that was
submitted by WVDEP on March 5, 2012
because the requirements for approval
have been satisfied. EPA has evaluated
West Virginia’s redesignation request,
and determined that it meets the
redesignation criteria set forth in section
107(d)(3)(E) of the CAA. Approval of
this redesignation request will change
the designation of the West Virginia
portion of the Area from nonattainment
to attainment for the 1997 annual PM2.5
NAAQS. EPA is also approving the
associated maintenance plan for the
West Virginia portion of the Area,
submitted on March 5, 2012, as a
revision to the West Virginia SIP,
because it meets the requirements of
section 175A of the CAA. In addition,
EPA is also approving the transportation
conformity insignificance determination
submitted by West Virginia for this Area
in conjunction with its redesignation
request.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for this
action to become effective immediately
upon publication. A delayed effective
date is unnecessary due to the nature of
a redesignation to attainment, which
eliminates CAA obligations that would
otherwise apply. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
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recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves West
Virginia of the obligation to comply
with nonattainment-related planning
requirements for this PM2.5 Area
pursuant to Part D of the CAA. For these
reasons, EPA finds good cause under 5
U.S.C. 553(d) for this action to become
effective on the date of publication of
this notice.
III. 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
PO 00000
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56169
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 November 12, 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 approving the
redesignation request, maintenance
plan, and transportation conformity
insignificance determination for the
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Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations
West Virginia portion of the Area may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
List of Subjects
Dated: August 22, 2013.
W.C. Early,
Acting, Regional Administrator, Region III.
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.
Authority: 42 U.S.C. 7401 et seq.
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 an entry for
the 1997 Annual PM2.5 Maintenance
Plan for Parkersburg-Marietta, WV-OH
Area at the end of the table to read as
follows:
■
40 CFR parts 52 and 81 are amended
as follows:
§ 52.2520
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
Name of non-regulatory SIP
revision
Applicable geographic area
*
*
1997 Annual PM2.5 Maintenance
Plan for Parkersburg-Marietta
WV-OH Area.
*
Wood County and a portion of
Pleasants County.
3. Section 52.2526 is amended by
adding paragraph (h) to read as follows:
■
§ 52.2526
matter.
Control strategy: Particular
*
*
*
*
*
(h) EPA approves the maintenance
plan for the West Virginia portion of the
Parkersburg-Marietta, WV-OH 1997
PM2.5 Nonattainment Area (Wood
County and a portion of Pleasants
State submittal
date
Additional
explanation
EPA approval date
*
*
*
9/12/13 [Insert page number
where the document begins].
3/5/12
County). The maintenance plan
establishes a determination of
insignificance for PM2.5, NOX and SO2
for transportation conformity purposes.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
Authority: 42 U.S.C. 7401 et seq.
5. In § 81.349 the table for West
Virginia—PM2.5 (Annual NAAQS) is
amended by revising the entry for the
Parkersburg-Marietta, WV-OH Area to
read as follows:
■
§ 81.349
4. The authority citation for Part 81
continues to read as follows:
■
*
See § 52.2526(h).
*
West Virginia.
*
*
*
*
WEST VIRGINIA—PM2.5
[Annual NAAQS]
Designation a
Designated area
Date 1
*
*
*
Parkersburg-Marietta, WV-OH:
Pleasants County (part)Tax District of Grant ...............................
Wood County ................................................................................
*
*
*
Type
*
*
9/12/13
9/12/13
*
*
*
*
Attainment.
Attainment.
*
*
a Includes
1 This
*
*
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
*
*
*
Final rule; denial of application
for review.
FEDERAL COMMUNICATIONS
COMMISSION
ACTION:
47 CFR Part 73
[FR Doc. 2013–21792 Filed 9–11–13; 8:45 am]
SUMMARY:
tkelley on DSK3SPTVN1PROD with RULES
BILLING CODE 6560–50–P
[MB Docket No. 02–199; RM–10514; FCC
13–114]
Radio Broadcasting Services;
Magnolia, Arkansas; and Oil City,
Louisiana
Federal Communications
Commission.
AGENCY:
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In this document, the Federal
Communications Commission
(‘‘Commission’’) denies an Application
for Review filed by Access.1 Louisiana
Holding Company, LLC (‘‘Access.1’’) of
a Memorandum Opinion and Order of
the Media Bureau (‘‘Bureau’’) in this
proceeding, which denied Access.1’s
Petition for Reconsideration of an earlier
Bureau action, granting the reallotment,
E:\FR\FM\12SER1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Rules and Regulations]
[Pages 56168-56170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21792]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2012-0386; FRL-9900-71-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; West Virginia's Redesignation for the Parkersburg-
Marietta, WV-OH 1997 Annual Fine Particulate Matter Nonattainment Area
to Attainment and Approval of the Associated Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a redesignation request and State
Implementation Plan (SIP) revision submitted by the State of West
Virginia. The West Virginia Department of Environmental Protection
(WVDEP) requested that the West Virginia portion of the Parkersburg-
Marietta, WV-OH fine particulate matter (PM2.5)
nonattainment area (``Parkersburg-Marietta Area'' or ``Area'') be
redesignated as attainment for the 1997 annual PM2.5
national ambient air quality standard (NAAQS). In this rulemaking
action, EPA is approving the 1997 annual PM2.5 redesignation
request for the West Virginia portion of the Area. EPA is also
approving the maintenance plan SIP revision that the State submitted in
conjunction with its redesignation request. The maintenance plan
provides for continued attainment of the 1997 annual PM2.5
NAAQS for 10 years after redesignation of the West Virginia portion of
the Area. The maintenance plan includes an insignificance determination
for the onroad motor vehicle contribution of PM2.5, nitrogen
oxides (NOX), and sulfur dioxide (SO2) for the
West Virginia portion of the Area for purposes of transportation
conformity. EPA is also approving West Virginia's insignificance
determination for transportation conformity. In addition, EPA is also
finding that the Area continues to attain the standard. This rulemaking
action approving the 1997 annual PM2.5 NAAQS redesignation
request, maintenance plan, and insignificance determination for
transportation conformity for the West Virginia portion of the Area is
based on EPA's determination that the Area has met the criteria for
redesignation to attainment specified in the Clean Air Act (CAA).
DATES: This final rule is effective on September 12, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0386. 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: Rose Quinto, (215) 814-2182, or by
email at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Parkersburg-Marietta Area is composed of Wood County and a
portion of Pleasants County in West Virginia (West Virginia portion of
the Area) and Washington County in Ohio. On December 11, 2012 (77 FR
73560), EPA published a notice of proposed rulemaking (NPR) for the
State of West Virginia. Pursuant to sections 107(d)(3)(E) and 175A of
the CAA, EPA proposed approval of West Virginia's redesignation
request, a SIP revision that establishes a maintenance plan for the
West Virginia portion of the Area that provides for continued
attainment of the 1997 annual PM2.5 NAAQS for at least 10
years after redesignation, and the insignificance determination for
transportation conformity for the West Virginia portion of the Area.
The formal SIP revision was submitted by WVDEP on March 5, 2012. In a
separate action, EPA approved the base year emissions inventory on
December 12, 2012 (77 FR
[[Page 56169]]
73924) meeting the requirements of section 172(c)(3) of the CAA.
On July 8, 2013 (78 FR 40655), EPA published a supplemental NPR
that revised and expanded the basis for proposing approval of West
Virginia's request in light of developments since EPA issued its
initial proposal on December 11, 2012. Principally, the supplemental
NPR addressed the effects of the United States Court of Appeals for the
District of Columbia's January 4, 2013 decision to remand to EPA two
final rules implementing the PM2.5 NAAQS.
Other specific details of West Virginia's redesignation request,
the associated maintenance plan SIP revision and insignificance
determination, and the rationales for EPA's proposed actions are
explained in both the NPR and the supplemental NPR and will not be
restated here. No public comments were received on either of the NPRs.
II. Final Action
EPA is approving the redesignation request, maintenance plan, and
insignificance determination for transportation conformity for the West
Virginia portion of the Area that was submitted by WVDEP on March 5,
2012 because the requirements for approval have been satisfied. EPA has
evaluated West Virginia's redesignation request, and determined that it
meets the redesignation criteria set forth in section 107(d)(3)(E) of
the CAA. Approval of this redesignation request will change the
designation of the West Virginia portion of the Area from nonattainment
to attainment for the 1997 annual PM2.5 NAAQS. EPA is also
approving the associated maintenance plan for the West Virginia portion
of the Area, submitted on March 5, 2012, as a revision to the West
Virginia SIP, because it meets the requirements of section 175A of the
CAA. In addition, EPA is also approving the transportation conformity
insignificance determination submitted by West Virginia for this Area
in conjunction with its redesignation request.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. A
delayed effective date is unnecessary due to the nature of a
redesignation to attainment, which eliminates CAA obligations that
would otherwise apply. The immediate effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and section 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Today's rule, however, does not
create any new regulatory requirements such that affected parties would
need time to prepare before the rule takes effect. Rather, today's rule
relieves West Virginia of the obligation to comply with nonattainment-
related planning requirements for this PM2.5 Area pursuant
to Part D of the CAA. For these reasons, EPA finds good cause under 5
U.S.C. 553(d) for this action to become effective on the date of
publication of this notice.
III. 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 November 12, 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 approving the redesignation request, maintenance plan,
and transportation conformity insignificance determination for the
[[Page 56170]]
West Virginia portion of the Area may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
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.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 22, 2013.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR parts 52 and 81 are 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 an
entry for the 1997 Annual PM2.5 Maintenance Plan for
Parkersburg-Marietta, WV-OH Area at the end of the table to read as
follows:
Sec. 52.2520 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal
revision geographic area date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 Annual PM2.5 Maintenance Wood County and a 3/5/12 9/12/13 [Insert See Sec. 52.2526(h).
Plan for Parkersburg-Marietta portion of page number
WV-OH Area. Pleasants County. where the
document begins].
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.2526 is amended by adding paragraph (h) to read as
follows:
Sec. 52.2526 Control strategy: Particular matter.
* * * * *
(h) EPA approves the maintenance plan for the West Virginia portion
of the Parkersburg-Marietta, WV-OH 1997 PM2.5 Nonattainment
Area (Wood County and a portion of Pleasants County). The maintenance
plan establishes a determination of insignificance for
PM2.5, NOX and SO2 for transportation
conformity purposes.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
5. In Sec. 81.349 the table for West Virginia--PM2.5
(Annual NAAQS) is amended by revising the entry for the Parkersburg-
Marietta, WV-OH Area to read as follows:
Sec. 81.349 West Virginia.
* * * * *
West Virginia--PM2.5
[Annual NAAQS]
------------------------------------------------------------------------
Designation \a\
Designated area -------------------------------------
Date \1\ Type
------------------------------------------------------------------------
* * * * * * *
Parkersburg-Marietta, WV-OH:
Pleasants County (part)Tax 9/12/13 Attainment.
District of Grant.
Wood County................... 9/12/13 Attainment.
* * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
* * * * *
[FR Doc. 2013-21792 Filed 9-11-13; 8:45 am]
BILLING CODE 6560-50-P
