Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 3504-3506 [2014-01069]
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Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 33 CFR 1.05–1,
6.04–1, 160.5; Department of Homeland
Security Delegation No. 0170.1.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule is
effective on January 25, 2014. This rule
will be enforced from 7 a.m. until 10
a.m. on January 25, 2014.
Dated: January 9, 2014.
A.S. Young Sr.,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
2. Add § 165.T07–0905 to read as
follows:
■
[FR Doc. 2014–01207 Filed 1–21–14; 8:45 am]
BILLING CODE 9110–04–P
pmangrum on DSK3VPTVN1PROD with RULES
§ 165.T07–0905 Safety Zone; Bone Island
Triathlon, Atlantic Ocean, Key West, FL.
(a) Regulated Area. All waters of the
Atlantic Ocean located south of Key
West encompassed within the following
points: starting at Point 1 in position
24°32′49″ N, 81°47′19″ W; thence south
to Point 2 in position 24°32′33″ N,
81°47′09″ W; thence northeast to Point
3 in position 24°33′00″ N, 81°45′44″ W;
thence north to Point 4 in position
24°33′08″ N, 81°45′44″ W; thence
southwest following the shoreline back
to origin. All persons and vessels,
except those persons and vessels
participating in the event, are prohibited
from entering, transiting through,
anchoring in, or remaining within the
race area. All coordinates are North
American Datum.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Key West in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Key West or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port Key West
by telephone at (305) 292–8727, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Key West or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Key West or a
designated representative.
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14:36 Jan 21, 2014
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0675; FRL–9905–62–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Section 110(a)(2)
Infrastructure Requirements for the
2010 Nitrogen Dioxide National
Ambient Air Quality Standards
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:
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
On November 1, 2013 (78 FR 65593),
EPA published a notice of proposed
rulemaking (NPR) for the State of West
Virginia proposing approval of West
Virginia’s December 13, 2012 submittal
AGENCY: Environmental Protection
to satisfy several requirements of section
Agency (EPA).
110(a)(2) of the CAA for the 2010
ACTION: Final rule.
nitrogen dioxide NAAQS. The NPR
proposed approval of the following
SUMMARY: The Environmental Protection
infrastructure elements: CAA section
Agency (EPA) is approving a State
110(a)(2)(A), (B), (C), (D), (E), (F), (G),
Implementation Plan (SIP) revision
(H), (J), (K), (L), and (M), or portions
submitted by the State of West Virginia
thereof. EPA is taking separate action on
pursuant to the Clean Air Act (CAA).
the portions of section 110(a)(2)(C),
Whenever new or revised National
(D)(i)(II), and (J) as they relate to West
Ambient Air Quality Standards
Virginia’s prevention of significant
(NAAQS) are promulgated, the CAA
deterioration (PSD) program and on
requires states to submit a plan for the
section 110(a)(2)(E)(ii) as it relates to
implementation, maintenance, and
section 128 (State Boards). West
enforcement of such NAAQS. The plan
Virginia did not submit section
is required to address basic program
110(a)(2)(I) which pertains to the
elements, including, but not limited to
nonattainment requirements of part D,
regulatory structure, monitoring,
Title I of the CAA, since this element is
modeling, legal authority, and adequate not required to be submitted by the 3resources necessary to assure attainment year submission deadline of section
and maintenance of the standards.
110(a)(1), and will be addressed in a
These elements are referred to as
separate process.
infrastructure requirements. The State of
The rationale supporting EPA’s
West Virginia has made a submittal
proposed rulemaking action, including
addressing the infrastructure
the scope of infrastructure SIPs in
requirements for the 2010 nitrogen
general, is explained in the NPR and the
dioxide NAAQS.
technical support document (TSD)
DATES: This final rule is effective on
accompanying the NPR and will not be
February 21, 2014.
restated here. The TSD is available
ADDRESSES: EPA has established a
online at www.regulations.gov, Docket
docket for this action under Docket ID
ID Number EPA–R03–OAR–2013–0675.
Number EPA–R03–OAR–2013–0675. All No public comments were received on
documents in the docket are listed in
the NPR.
the www.regulations.gov Web site.
Although listed in the electronic docket, II. Final Action
EPA is approving West Virginia’s SIP
some information is not publicly
revision regarding the infrastructure
available, i.e., confidential business
PO 00000
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22JAR1
Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations
program elements specified in CAA
section 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M), or
portions thereof, necessary to
implement, maintain, and enforce the
2010 nitrogen dioxide NAAQS. EPA is
taking separate rulemaking action on the
portions of section 110(a)(2)(C),
(D)(i)(II), and (J) as they relate to West
Virginia’s PSD program and section
110(a)(2)(E)(ii) as it relates to section
128 (State Boards). This rulemaking
action does not include section
110(a)(2)(I) of the CAA which pertains
to the nonattainment requirements of
part D, Title I of the CAA, since this
element is not required to be submitted
by the 3-year submission deadline of
section 110(a)(1), and will be addressed
in a separate process.
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
pmangrum on DSK3VPTVN1PROD with RULES
Name of non-regulatory
SIP revision
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
Applicable
geographic area
*
*
*
Section 110(a)(2) InfraStatewide ......................
structure Requirements for the 2010 nitrogen dioxide NAAQS.
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State
submittal
date
12/13/12
Frm 00025
3505
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 March 24, 2014. 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, which
approves the CAA section 110(a)(2)
infrastructure requirements of West
Virginia for the 2010 nitrogen dioxide
NAAQS, 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, Reporting and recordkeeping
requirements, nitrogen dioxide.
Dated: December 23, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. In § 52.2520, the table in paragraph
(e) is amended by adding an entry at the
end of the table for Section 110(a)(2)
Infrastructure Requirements for the 2010
nitrogen dioxide NAAQS. The
amendments read as follows:
■
§ 52.2520
*
Identification of plan.
*
*
(e) * * *
*
*
EPA approval date
Additional explanation
*
*
1/22/14 [Insert Federal
Register page number
where the document
begins and date].
*
*
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G),
(H), (J), (K), (L), and (M), or portions thereof.
Fmt 4700
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3506
Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations
[FR Doc. 2014–01069 Filed 1–21–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0492; FRL–9905–63–
Region–3]
available at the Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by email at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
On October 24, 2013 (78 FR 63437),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware proposing approval of
Delaware’s May 29, 2013 SIP submittal
to satisfy several requirements of section
AGENCY: Environmental Protection
110(a)(2) of the CAA for the 2010 SO2
Agency (EPA).
NAAQS. In the NPR, EPA proposed
approval of the following infrastructure
ACTION: Final rule.
elements: Sections 110(a)(2)(A), (B), (C),
SUMMARY: The Environmental Protection (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K),
Agency (EPA) is approving a State
(L), and (M). The NPR does not include
Implementation Plan (SIP) revision
section 110(a)(2)(I), which pertains to
submitted by the State of Delaware
the nonattainment planning
pursuant to the Clean Air Act (CAA).
requirements of part D, Title I of the
Whenever new or revised national
CAA, since this element is not required
ambient air quality standards (NAAQS)
to be submitted by the 3-year
are promulgated, the CAA requires
submission deadline of section
states to submit a plan for the
110(a)(1), and will be addressed in a
implementation, maintenance, and
separate process. The NPR also did not
enforcement of such NAAQS. The plan
address section 110(a)(2)(D)(i)(I) of the
is required to address basic program
CAA. In accordance with the EME
elements, including, but not limited to
Homer City decision from the United
regulatory structure, monitoring,
States Court of Appeals for the District
modeling, legal authority, and adequate of Columbia Circuit, EPA at this time is
resources necessary to assure attainment not treating the 110(a)(2)(D)(i)(I) SIP
and maintenance of the standards.
submission from Delaware as a required
These elements are referred to as
SIP submission.
infrastructure requirements. The State of
See EME Homer City Generation, LP
Delaware has made a submittal
v. EPA, 696 F.3d 7 (D.C. Cir. 2012), cert.
addressing the infrastructure
granted, 2013 U.S. LEXIS 4801 (2013).
requirements for the 2010 sulfur dioxide Unless the EME Homer City decision is
(SO2) NAAQS.
reversed or otherwise modified by the
DATES: This final rule is effective on
Supreme Court, states such as Delaware
February 21, 2014.
are not required to submit section
ADDRESSES: EPA has established a
110(a)(2)(D)(i)(I) SIPs until EPA has
docket for this action under Docket ID
quantified their obligations under that
Number EPA–R03–OAR–2013–0492. All section. Therefore, EPA will address the
documents in the docket are listed in
portion of Delaware’s May 29, 2013 SIP
the www.regulations.gov Web site.
submittal addressing section
Although listed in the electronic docket, 110(a)(2)(D)(i)(I) in a separate action.
some information is not publicly
The rationale supporting EPA’s
available, i.e., confidential business
proposed action, including the scope of
information (CBI) or other information
infrastructure SIPs in general, is
whose disclosure is restricted by statute. explained in the NPR and the technical
Certain other material, such as
support document (TSD) accompanying
copyrighted material, is not placed on
the NPR and will not be restated here.
the Internet and will be publicly
The TSD is available online at
available only in hard copy form.
www.regulations.gov, Docket ID
Publicly available docket materials are
Number EPA–R03–OAR–2013–0492.
available either electronically through
www.regulations.gov or in hard copy for II. Final Action
EPA is approving as a revision to the
public inspection during normal
Delaware SIP, Delaware’s submittal
business hours at the Air Protection
Division, U.S. Environmental Protection which provides the basic program
elements specified in sections
Agency, Region III, 1650 Arch Street,
110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
Philadelphia, Pennsylvania 19103.
(E), (F), (G), (H), (J), (K), (L), and (M) of
Copies of the State submittal are
pmangrum on DSK3VPTVN1PROD with RULES
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Infrastructure Requirements
for the 2010 Sulfur Dioxide National
Ambient Air Quality Standards
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the CAA, necessary to implement,
maintain, and enforce the 2010 SO2
NAAQS. This rulemaking action does
not include approval of Delaware’s
submittal for sections 110(a)(2)(I) and
110(a)(2)(D)(i)(I), which EPA will
address in separate actions.
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).
E:\FR\FM\22JAR1.SGM
22JAR1
]]>Agencies
[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Rules and Regulations]
[Pages 3504-3506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01069]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0675; FRL-9905-62-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Section 110(a)(2) Infrastructure Requirements for the
2010 Nitrogen Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of West
Virginia pursuant to the Clean Air Act (CAA). Whenever new or revised
National Ambient Air Quality Standards (NAAQS) are promulgated, the CAA
requires states to submit a plan for the implementation, maintenance,
and enforcement of such NAAQS. The plan is required to address basic
program elements, including, but not limited to regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure attainment and maintenance of the standards. These elements
are referred to as infrastructure requirements. The State of West
Virginia has made a submittal addressing the infrastructure
requirements for the 2010 nitrogen dioxide NAAQS.
DATES: This final rule is effective on February 21, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0675. 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: Ellen Schmitt, (215) 814-5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
On November 1, 2013 (78 FR 65593), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia proposing
approval of West Virginia's December 13, 2012 submittal to satisfy
several requirements of section 110(a)(2) of the CAA for the 2010
nitrogen dioxide NAAQS. The NPR proposed approval of the following
infrastructure elements: CAA section 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M), or portions thereof. EPA is
taking separate action on the portions of section 110(a)(2)(C),
(D)(i)(II), and (J) as they relate to West Virginia's prevention of
significant deterioration (PSD) program and on section 110(a)(2)(E)(ii)
as it relates to section 128 (State Boards). West Virginia did not
submit section 110(a)(2)(I) which pertains to the nonattainment
requirements of part D, Title I of the CAA, since this element is not
required to be submitted by the 3-year submission deadline of section
110(a)(1), and will be addressed in a separate process.
The rationale supporting EPA's proposed rulemaking action,
including the scope of infrastructure SIPs in general, is explained in
the NPR and the technical support document (TSD) accompanying the NPR
and will not be restated here. The TSD is available online at
www.regulations.gov, Docket ID Number EPA-R03-OAR-2013-0675. No public
comments were received on the NPR.
II. Final Action
EPA is approving West Virginia's SIP revision regarding the
infrastructure
[[Page 3505]]
program elements specified in CAA section 110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof,
necessary to implement, maintain, and enforce the 2010 nitrogen dioxide
NAAQS. EPA is taking separate rulemaking action on the portions of
section 110(a)(2)(C), (D)(i)(II), and (J) as they relate to West
Virginia's PSD program and section 110(a)(2)(E)(ii) as it relates to
section 128 (State Boards). This rulemaking action does not include
section 110(a)(2)(I) of the CAA which pertains to the nonattainment
requirements of part D, Title I of the CAA, since this element is not
required to be submitted by the 3-year submission deadline of section
110(a)(1), and will be addressed in a separate process.
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 March 24, 2014. 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, which approves the CAA section 110(a)(2)
infrastructure requirements of West Virginia for the 2010 nitrogen
dioxide NAAQS, 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, Reporting and recordkeeping requirements, nitrogen dioxide.
Dated: December 23, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. In Sec. 52.2520, the table in paragraph (e) is amended by adding an
entry at the end of the table for Section 110(a)(2) Infrastructure
Requirements for the 2010 nitrogen dioxide NAAQS. The amendments read
as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional explanation
revision geographic area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide.......... 12/13/12 1/22/14 [Insert This action addresses
Requirements for the 2010 Federal Register the following CAA
nitrogen dioxide NAAQS. page number where elements:
the document 110(a)(2)(A), (B),
begins and date]. (C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M), or
portions thereof.
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[[Page 3506]]
[FR Doc. 2014-01069 Filed 1-21-14; 8:45 am]
BILLING CODE 6560-50-P
