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]

Download as PDF 3504 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. VerDate Mar<15>2010 14:36 Jan 21, 2014 Jkt 232001 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 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\22JAR1.SGM 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. VerDate Mar<15>2010 14:36 Jan 21, 2014 Jkt 232001 PO 00000 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 Sfmt 4700 E:\FR\FM\22JAR1.SGM 22JAR1 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 VerDate Mar<15>2010 14:36 Jan 21, 2014 Jkt 232001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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]


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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

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.
----------------------------------------------------------------------------------------------------------------


[[Page 3506]]

[FR Doc. 2014-01069 Filed 1-21-14; 8:45 am]
BILLING CODE 6560-50-P