Approval and Promulgation of Air Quality Implementation Plans; West Virginia; West Virginia's Redesignation Request for the Wheeling, WV-OH 1997 Annual Fine Particulate Matter Nonattainment Area to Attainment and Approval of the Associated Maintenance Plan, 59841-59843 [2013-23691]
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Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations
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 29,
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 may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Carbon monoxide, Nitrogen dioxide,
Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
dioxide.
Dated: September 4, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
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 F—California
2. Section 52.220, is amended by
adding paragraphs (c)(428)(i)(B) and
(c)(429)(i)(B) to read as follows:
■
Identification of plan.
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(c) * * *
(428) * * *
(i) * * *
(B) Antelope Valley Air Quality
Management District.
(1) Rule 218, ‘‘Continuous Emission
Monitoring,’’ amended on July 17, 2012.
(2) Rule 218.1, ‘‘Continuous Emission
Monitoring Performance
Specifications,’’ adopted on July 17,
2012.
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(429) * * *
(i) * * *
(B) Antelope Valley Air Quality
Management District.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2012–0368; FRL–9901–41–
Region3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; West Virginia’s Redesignation
Request for the Wheeling, 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 Wheeling, WV–OH fine
particulate matter (PM2.5) nonattainment
area (‘‘Wheeling 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 a
comprehensive emissions inventory that
EPA is approving in this rulemaking.
The maintenance plan also 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:
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
§ 52.220
(1) Rule 431.1, ‘‘Sulfur Content of
Gaseous Fuels,’’ amended on August 21,
2012.
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59841
maintenance plan, comprehensive
emissions inventory, 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 30, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0368. 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
On March 8, 2012, the State of West
Virginia, through the West Virginia
Department of Environmental Protection
(WVDEP), submitted a request to
redesignate the West Virginia portion of
the Wheeling Area nonattainment area
to attainment for the 1997 annual PM2.5
NAAQS. The Wheeling Area is
composed of Marshall and Ohio
Counties in West Virginia and Belmont
County in Ohio. On December 11, 2012
(77 FR 73575), 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, the NPR 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, a
comprehensive emissions inventory for
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PM2.5, NOX and SO2, and the
insignificance determination for the
onroad motor vehicle contribution of
PM2.5, NOX and SO2 for transportation
conformity purposes for the West
Virginia portion of the Area.
On July 24, 2013 (78 FR 44487), 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 decision of the D.C. Circuit
Court’s January 4, 2013 decision to
remand to EPA two final rules
implementing the PM2.5 NAAQS. In the
supplemental NPR, EPA proposed to
proceed with the approval of the request
to designate the Wheeling Area to
attainment for the 1997 annual PM2.5
NAAQS and the associated maintenance
plan. On June 24, 2013, WVDEP
supplemented its March 8, 2012 SIP
submittal with the 2008 ammonia and
volatile organic compound (VOC)
emissions inventory which EPA
proposed to approve in the
supplemental NPR, in conjunction with
the PM2.5, NOX and SO2 emissions
inventory that EPA previously proposed
to approve, as meeting the
comprehensive emissions inventory
requirements of section 172(c)(3) of the
CAA. See December 11, 2012 (77 FR
73575) and July 24, 2013 (78 FR 44487).
In addition, EPA also proposed to
approve the insignificance
determination for the onroad motor
vehicle contribution of PM2.5, NOX and
SO2 for transportation conformity
purposes for the West Virginia portion
of the Area.
Other specific details of West
Virginia’s redesignation request, the
associated maintenance plan SIP
revision, the comprehensive emissions
inventory, 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, the maintenance plan, the
comprehensive emissions inventory,
and the insignificance determination for
transportation conformity for the West
Virginia portion of the Area 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
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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 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
comprehensive emissions inventory as a
revision to the West Virginia SIP
because it meets the requirements of
section 172(c)(3) of the CAA.
Furthermore, EPA is 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,
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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
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Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
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).
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
approving the redesignation request, the
maintenance plan, the comprehensive
emissions inventory and transportation
conformity insignificance determination
for the West Virginia portion of the
Wheeling Area may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
C. Petitions for Judicial Review
40 CFR Part 52
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 29, 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
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
2. In § 52.2520, the table in paragraph
(e) is amended by adding an entry for
the 1997 Annual PM2.5 Maintenance
Plan for Wheeling, WV–OH Area at the
end of the table to read as follows:
40 CFR Part 81
§ 52.2520
Air pollution control, National parks,
Wilderness areas.
*
Dated: September 13, 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
1. The authority citation for part 52
continues to read as follows:
■
List of Subjects
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
■
Identification of plan.
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(e) * * *
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Name of non-regulatory SIP revision
Applicable
geographic area
State
submittal date
EPA-approval date
Additional
explanation
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1997 Annual PM2.5 Maintenance Plan for
the Wheeling WV–OH Area.
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Marshall and Ohio Counties
3/8/12, 6/24/13
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9/30/13, [Insert page number where the document
begins].
*
See § 52.2526(i) and
§ 52.2531(f).
3. Section 52.2526 is amended by
adding paragraph (i) to read as follows:
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§ 52.2526
matter.
Control strategy: Particulate
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(i) EPA approves the maintenance
plan for the West Virginia portion of the
Wheeling, WV–OH 1997 PM2.5
Nonattainment Area (Marshall and Ohio
Counties). The maintenance plan
establishes a determination of
insignificance for PM2.5, NOX and SO2
for transportation conformity purposes.
■ 4. Section 52.2531 is amended by
adding paragraph (f) to read as follows:
§ 52.2531
Base year emissions inventory.
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WEST VIRGINIA—PM2.5
[Annual NAAQS]
Designation a
Designated area
Date 1
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Marshall County ......
Ohio County ............
5. The authority citation for Part 81
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
6. In § 81.349, the table for West
Virginia—PM2.5 (Annual NAAQS) is
amended by revising the entry for the
Wheeling, WV–OH Area to read as
follows:
■
§ 81.349
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Attainment.
Attainment.
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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.
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West Virginia.
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Wheeling, WV–OH
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
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(f) EPA approves as a revision to the
West Virginia State Implementation
Plan the comprehensive emissions
inventory for the Wheeling, WV–OH
fine particulate matter (PM2.5)
nonattainment area submitted by the
West Virginia Department of
Environmental Protection on March 8,
2012 and June 24, 2013. The emissions
inventory includes emissions estimates
that cover the general source categories
of point sources, nonroad mobile
sources, area sources, onroad mobile
sources and biogenic sources. The
pollutants that comprise the inventory
are nitrogen oxides (NOX), volatile
organic compounds (VOC), PM2.5,
ammonia (NH3), and sulfur dioxide
(SO2).
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[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59841-59843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23691]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2012-0368; FRL-9901-41-Region3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; West Virginia's Redesignation Request for the Wheeling,
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 Wheeling, WV-OH
fine particulate matter (PM2.5) nonattainment area
(``Wheeling 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 a
comprehensive emissions inventory that EPA is approving in this
rulemaking. The maintenance plan also 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,
comprehensive emissions inventory, 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 30, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0368. 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
On March 8, 2012, the State of West Virginia, through the West
Virginia Department of Environmental Protection (WVDEP), submitted a
request to redesignate the West Virginia portion of the Wheeling Area
nonattainment area to attainment for the 1997 annual PM2.5
NAAQS. The Wheeling Area is composed of Marshall and Ohio Counties in
West Virginia and Belmont County in Ohio. On December 11, 2012 (77 FR
73575), 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, the NPR 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, a comprehensive emissions inventory for
[[Page 59842]]
PM2.5, NOX and SO2, and the
insignificance determination for the onroad motor vehicle contribution
of PM2.5, NOX and SO2 for
transportation conformity purposes for the West Virginia portion of the
Area.
On July 24, 2013 (78 FR 44487), 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 decision of the D.C. Circuit Court's
January 4, 2013 decision to remand to EPA two final rules implementing
the PM2.5 NAAQS. In the supplemental NPR, EPA proposed to
proceed with the approval of the request to designate the Wheeling Area
to attainment for the 1997 annual PM2.5 NAAQS and the
associated maintenance plan. On June 24, 2013, WVDEP supplemented its
March 8, 2012 SIP submittal with the 2008 ammonia and volatile organic
compound (VOC) emissions inventory which EPA proposed to approve in the
supplemental NPR, in conjunction with the PM2.5,
NOX and SO2 emissions inventory that EPA
previously proposed to approve, as meeting the comprehensive emissions
inventory requirements of section 172(c)(3) of the CAA. See December
11, 2012 (77 FR 73575) and July 24, 2013 (78 FR 44487). In addition,
EPA also proposed to approve the insignificance determination for the
onroad motor vehicle contribution of PM2.5, NOX
and SO2 for transportation conformity purposes for the West
Virginia portion of the Area.
Other specific details of West Virginia's redesignation request,
the associated maintenance plan SIP revision, the comprehensive
emissions inventory, 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, the maintenance plan,
the comprehensive emissions inventory, and the insignificance
determination for transportation conformity for the West Virginia
portion of the Area 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 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 comprehensive emissions inventory
as a revision to the West Virginia SIP because it meets the
requirements of section 172(c)(3) of the CAA. Furthermore, EPA is
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
[[Page 59843]]
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 29, 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, the
maintenance plan, the comprehensive emissions inventory and
transportation conformity insignificance determination for the West
Virginia portion of the Wheeling 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: September 13, 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
Wheeling, 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 Additional
revision geographic area submittal date EPA-approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 Annual PM2.5 Maintenance Marshall and Ohio 3/8/12, 6/24/ 9/30/13, [Insert See Sec.
Plan for the Wheeling WV-OH Area. Counties. 13 page number where 52.2526(i) and
the document Sec. 52.2531(f).
begins].
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.2526 is amended by adding paragraph (i) to read as
follows:
Sec. 52.2526 Control strategy: Particulate matter.
* * * * *
(i) EPA approves the maintenance plan for the West Virginia portion
of the Wheeling, WV-OH 1997 PM2.5 Nonattainment Area
(Marshall and Ohio Counties). The maintenance plan establishes a
determination of insignificance for PM2.5, NOX
and SO2 for transportation conformity purposes.
0
4. Section 52.2531 is amended by adding paragraph (f) to read as
follows:
Sec. 52.2531 Base year emissions inventory.
* * * * *
(f) EPA approves as a revision to the West Virginia State
Implementation Plan the comprehensive emissions inventory for the
Wheeling, WV-OH fine particulate matter (PM2.5)
nonattainment area submitted by the West Virginia Department of
Environmental Protection on March 8, 2012 and June 24, 2013. The
emissions inventory includes emissions estimates that cover the general
source categories of point sources, nonroad mobile sources, area
sources, onroad mobile sources and biogenic sources. The pollutants
that comprise the inventory are nitrogen oxides (NOX),
volatile organic compounds (VOC), PM2.5, ammonia
(NH3), and sulfur dioxide (SO2).
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
5. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
6. In Sec. 81.349, the table for West Virginia--PM2.5
(Annual NAAQS) is amended by revising the entry for the Wheeling, 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
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Wheeling, WV-OH
------------------------------------------------------------------------
Marshall County...................... 9/30/13 Attainment.
Ohio County.......................... 9/30/13 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. 2013-23691 Filed 9-27-13; 8:45 am]
BILLING CODE 6560-50-P
