Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Revised Motor Vehicle Emission Budgets for the Charleston, Huntington, Parkersburg, Weirton, and Wheeling 8-Hour Ozone Maintenance Areas; Correction, 32062-32064 [2018-14743]
Download as PDF
32062
Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations
and R–5601F eastern boundaries,
extending upward from 40,000 feet MSL
to 60,000 feet MSL. Again, the altitudes
are defined relative to MSL to highlight
that the restricted area is to be used for
other than aircraft operations.
The time of designation for R–5602A
and R–5602B is ‘‘By NOTAM 0830–
1630, Monday–Friday; other times by
NOTAM.’’ The expected usage for R–
5602A is approximately 8 hours per day
most weekdays, consistent with ingarrison training requirements. The
expected usage for R–5602B is
approximately 25 days per year.
During times when the restricted
areas are not needed by the using
agency, the airspace will be returned to
the FAA controlling agency, Fort Worth
Air Route Traffic Control Center
(ARTCC), and will be available for
access by other airspace users.
daltland on DSKBBV9HB2PROD with RULES
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action establishing two restricted areas,
R–5602A and R–5602B, which partially
overlay portions of the R–5601
restricted area complex at Fort Sill, OK,
qualifies for FAA adoption in
accordance with FAA Order 1050.1F,
paragraphs 8–2 and 9–2, Adoption of
Other Agencies’ National
Environmental Policy Act Documents,
and Written Re-evaluations, and
7400.2L, paragraph 32–2–3. The
purpose of creating and utilizing the
restricted areas is to safely segregate
private and commercial aircraft from
above-the-horizon hazardous laser
activities while supporting the U.S.
Army emerging high trajectory kinetic
and directed energy laser weapons
training mission. The FAA, after
conducting an independent review and
VerDate Sep<11>2014
15:48 Jul 10, 2018
Jkt 244001
evaluation of the United States Army’s
April 2018 Final Supplemental
Environmental Assessment for the
Permanent Creation and Utilization of
Restricted Areas R–5602A and R–5602B
at Fort Sill, Oklahoma, has determined
that the Army’s Final Supplemental EA
and its supporting documentation
adequately assesses and discloses the
environmental impacts of the proposed
action. Based on the evaluation for
potential environmental impact in the
above-mentioned Supplemental EA, the
FAA, as the Cooperating Agency,
concluded that adoption of the EA for
the Permanent Creation and Utilization
of Restricted Area R–5602A/B is
authorized in accordance with 40 CFR
1506.3, Adoption. Accordingly, FAA
adopts the Army’s Supplemental EA
and is issuing a Finding of No
Significant Impact and Record of
Decision (FONSI/ROD) for the project as
a Cooperating Agency. The FONSI/ROD
documents the FAA’s determination
that the project, as proposed, would not
result in significant impacts to the
human environment and that an
Environmental Impact Statement (EIS)
is therefore not necessary. A copy of the
Supplemental EA and FONSI/ROD is
available upon request by contacting
Gregory L. Hines, Operations Support
Group, Central Service Center, Federal
Aviation Administration, 10101
Hillwood Parkway, Fort Worth, Texas
76177, telephone: (817) 222–5866.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted
areas.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 73 as follows:
PART 73—SPECIAL USE AIRSPACE
1. The authority citation for part 73
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 73.56
[Amended]
*
*
*
*
R–5602A Fort Sill, OK [New]
Boundaries. Beginning at lat. 34°46′45″ N,
long. 98°17′01″ W; to lat. 34°38′15″ N, long.
98°17′01″ W; to lat. 34°38′15″ N, long.
98°37′57″ W; to lat. 34°40′54″ N, long.
98°37′56″ W; to lat. 34°42′07″ N, long.
98°37′20″ W; to lat. 34°43′21″ N, long.
98°36′02″ W; to lat. 34°43′30″ N, long.
98°35′40″ W; to lat. 34°45′03″ N, long.
98°29′46″ W; to lat. 34°46′15″ N, long.
PO 00000
Frm 00002
Fmt 4700
R–5602B Fort Sill, OK [New]
Boundaries. Beginning at lat. 34°49′30″ N,
long. 98°08′43″ W; to lat. 34°36′36″ N, long.
98°08′43″ W; to lat. 34°38′15″ N, long.
98°17′01″ W; to lat. 34°46′06″ N, long.
98°17′01″ W; to the point of beginning.
Designated altitudes. 40,000 feet MSL to
60,000 feet MSL.
Time of designation. By NOTAM 0830–
1630, Monday–Friday; other times by
NOTAM.
Controlling agency. FAA, Fort Worth
ARTCC.
Using agency. U.S. Army, Commanding
General, U.S. Army Fires Center of
Excellence (USAFCOE) and Fort Sill, Fort
Sill, OK.
Issued in Washington, DC, on July 2, 2018.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2018–14783 Filed 7–10–18; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0511; FRL–9980–
36—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Revised Motor Vehicle
Emission Budgets for the Charleston,
Huntington, Parkersburg, Weirton, and
Wheeling 8-Hour Ozone Maintenance
Areas; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
This document corrects an
error in the language of a final rule
pertaining to Environmental Protection
Agency (EPA)’s approval of the revised
motor vehicle emissions budgets for the
Charleston, Huntington, Parkersburg,
Weirton, and Wheeling 8-hour ozone
maintenance areas. The previous
rulemaking amended the maintenance
plans’ 2009 and 2018 motor vehicle
emissions budgets (MVEBs) submitted
by the State of West Virginia.
DATES: This final correcting amendment
is effective on July 11, 2018.
SUMMARY:
2. Section 73.56 is amended as
follows:
■
*
98°25′01″ W; to lat. 34°47′00″ N, long.
98°17′46″ W; to the point of beginning.
Designated altitudes. 40,000 feet MSL to
60,000 feet MSL.
Time of designation. By NOTAM 0830–
1630, Monday–Friday; other times by
NOTAM.
Controlling agency. FAA, Fort Worth
ARTCC.
Using agency. U.S. Army, Commanding
General, U.S. Army Fires Center of
Excellence (USAFCOE) and Fort Sill, Fort
Sill, OK.
Sfmt 4700
E:\FR\FM\11JYR1.SGM
11JYR1
Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2046 or by
email at becoat.gregory@epa.gov.
On
September 15, 2011 (76 FR 56795), EPA
published a direct final rulemaking
action announcing the approval of
revised mobile emissions budgets for
the Charleston, Huntington,
Parkersburg, Weirton, and Wheeling 8hour ozone maintenance areas. In the
Federal Register document at 76 FR
56795, EPA inadvertently approved
incorrect emissions budgets for the
Charleston and Wheeling maintenance
areas. The correct budgets EPA meant to
include were the budgets in West
Virginia’s 2011 submission, available in
the docket for this rulemaking action
and at www.regulations.gov.
On December 22, 2011 (76 FR 79539),
EPA published a correction notice;
however, the incorrect emissions
budgets for the Charleston and
Wheeling maintenance areas were still
inadvertently included again in 40 CFR
52.2532. The intent of this rulemaking
notice is to correct those emissions
budgets in 40 CFR 52.2532. This action
corrects the erroneous language. EPA
does not expect adverse comments on
this document as we are simply
correcting a technical error in the
MVEBs table previously approved on
December 22, 2011 in 76 FR 79539. The
Charleston maintenance area (Kanawha
and Putnam Counties) MVEBs for 2018
volatile organic compounds (VOCs)
were previously 13.5 tons per day (tpd)
and are being corrected to 13.7 tpd. The
Wheeling maintenance area (Marshall
and Ohio Counties) MVEBs for 2018
VOCs were previously 7.7 tpd and are
being corrected to 9.1 tpd.
In the rulemaking published in the
Federal Register on December 22, 2011
in 76 FR 79539 on page 79541
paragraphs 52.2532(a) and (e) are
corrected. Section 553 of the
Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making this rule final without prior
proposal and opportunity for comment
because we are merely correcting an
incorrect citation in a previous action.
Thus, notice and public procedure are
unnecessary. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
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SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
15:48 Jul 10, 2018
Jkt 244001
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866
(58 FR 51735, October 4, 1993), this
action is not a significant regulatory
action and is therefore not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)). Because the agency has made
a good cause finding that this action is
not subject to notice-and-comment
requirements under the Administrative
Procedures Act or any other statute as
indicated in the Supplementary
Information section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C 601 et seq), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4). In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. This rule also does not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of governments, as specified by
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant.
This technical correction action does
not involve technical standards; thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
32063
the rule in accordance with the Attorney
General’s Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
Unanticipated Takings issued under the
executive order. This rule does not
impose an information collection
burden under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq).
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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA had
made such a good cause finding,
including the reasons therefore, and
established an effective date of July 11,
2018.
EPA will submit a report containing
this rule and other required information
to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This correction to 40 CFR
52.2532 for West Virginia is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: June 21, 2018.
Cosmo Servidio,
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 § 52.2532, paragraphs (a) and (e)
are revised to read as follows:
■
E:\FR\FM\11JYR1.SGM
11JYR1
32064
§ 52.2532
budgets.
Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations
Motor vehicle emissions
emissions budgets (MVEBs) for the
Charleston, West Virginia 8-hour ozone
maintenance area submitted by the
Secretary of the Department of
(a) EPA approves the following
revised 2009 and 2018 motor vehicle
Applicable geographic area
Environmental Protection on March 14,
2011:
Charleston Area (Kanawha and Putnam Counties) ....................................................................
Charleston Area (Kanawha and Putnam Counties) ....................................................................
*
*
*
*
*
(e) EPA approves the following
revised 2009 and 2018 motor vehicle
emissions budgets (MVEBs) for the
Wheeling, West Virginia 8-hour ozone
maintenance area submitted by the
Applicable geographic area
2009
2018
*
*
*
*
[FR Doc. 2018–14743 Filed 7–10–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2018–0181; FRL–9980–
49—Region 9]
Approval and Promulgation of Air
Quality State Implementation Plans;
California; Chico Redesignation
Request and Maintenance Plan for the
2006 24-Hour PM2.5 Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve, as a revision of the California
state implementation plan (SIP), the
State’s request to redesignate the Chico
nonattainment area to attainment for the
2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality
Standard (NAAQS or ‘‘standard’’). The
EPA is also taking final action to
approve the PM2.5 maintenance plan
and the determination that
contributions from motor vehicle
emissions in the Chico nonattainment
area are insignificant. The EPA is
approving this revision because it meets
the requirements of the Clean Air Act
(CAA or ‘‘the Act’’) and EPA guidance
for such plans.
DATES: This rule is effective on August
10, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2018–0181. All
documents in the docket are listed on
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SUMMARY:
VerDate Sep<11>2014
15:48 Jul 10, 2018
Jkt 244001
Table of Contents
I. Background
II. Today’s Final Actions
III. What are the effects of today’s actions?
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, the EPA established
the first air quality standards for PM2.5.1
The EPA promulgated an annual
standard at a level of 15.0 micrograms
per cubic meter (mg/m3) based on a 3year average of annual mean PM2.5
concentrations. In the same rulemaking,
the EPA promulgated a 24-hour
standard of 65 mg/m3 based on a 3-year
average of the 98th percentile of 24-hour
concentrations. On October 17, 2006,
the EPA retained the annual average
PO 00000
1 62
FR 38652.
Frm 00004
Tons per day
(tpd) VOC
Year
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Ginger Vagenas, Air Planning Office
(AIR–2), Environmental Protection
Agency, Region IX, (415) 972–3964,
vagenas.ginger@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA.
Fmt 4700
Sfmt 4700
16.7
13.7
Tons per day
(tpd) NOX
38.9
17.1
Secretary of the Department of
Environmental Protection on March 14,
2011:
Wheeling Area (Marshall and Ohio Counties) .............................................................................
Wheeling Area (Marshall and Ohio Counties) .............................................................................
*
Tons per day
(tpd) VOC
Year
2009
2018
10.4
9.1
Tons per day
(tpd) NOX
9.1
3.1
NAAQS at 15.0 mg/m3 but revised the
24-hour PM2.5 NAAQS to 35 mg/m3,
based on the 3-year average of the 98th
percentile of 24-hour concentrations.2
Effective December 14, 2009, the EPA
established initial air quality
designations under subpart 1 of the Act
for most areas in the United States for
the 2006 24-hour PM2.5 NAAQS,
including the Chico area.3 4 Under
subpart 1, within three years of the
effective date of designations, states
with areas designated as nonattainment
for the 2006 24-hour PM2.5 NAAQS are
required to submit SIP revisions that,
among other elements, provide for
implementation of reasonably available
control measures (RACM), reasonable
further progress (RFP), attainment of the
standard as expeditiously as practicable
but no later than five years from the
nonattainment designation (in this
instance, no later than December 14,
2014), as well as contingency
measures.5 6 Prior to the due date for
2 71
FR 61144.
1997 and 2006 PM2.5 NAAQS areas were
designated under subpart 1 of the Act. Subpart 1
contains the general requirements for
nonattainment areas for any pollutant governed by
a NAAQS and is less prescriptive than the other
subparts of title I, part D. See 74 FR 58688
(November 13, 2009).
4 The boundaries for this area are described in 40
CFR 81.305.
5 See CAA sections 172(a)(2), 172(c)(1), 172(c)(2),
and 172(c)(9).
6 In response to a decision issued by the D.C.
Circuit (Natural Resources Defense Council v. EPA,
706 F.3d 428 (D.C. Cir. 2013), the EPA subsequently
identified all PM2.5 nonattainment areas for the
1997 and 2006 NAAQS as ‘‘moderate’’
nonattainment areas under subpart 4 and
established a new SIP submission date of December
31, 2014, for moderate area attainment plans and for
any additional attainment-related or nonattainment
new source review plans necessary for areas to
comply with the requirements applicable under
subpart 4. We also noted that the moderate area
3 All
E:\FR\FM\11JYR1.SGM
11JYR1
Agencies
[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Rules and Regulations]
[Pages 32062-32064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14743]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0511; FRL-9980-36--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Revised Motor Vehicle Emission Budgets for the
Charleston, Huntington, Parkersburg, Weirton, and Wheeling 8-Hour Ozone
Maintenance Areas; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects an error in the language of a final
rule pertaining to Environmental Protection Agency (EPA)'s approval of
the revised motor vehicle emissions budgets for the Charleston,
Huntington, Parkersburg, Weirton, and Wheeling 8-hour ozone maintenance
areas. The previous rulemaking amended the maintenance plans' 2009 and
2018 motor vehicle emissions budgets (MVEBs) submitted by the State of
West Virginia.
DATES: This final correcting amendment is effective on July 11, 2018.
[[Page 32063]]
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2046 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On September 15, 2011 (76 FR 56795), EPA
published a direct final rulemaking action announcing the approval of
revised mobile emissions budgets for the Charleston, Huntington,
Parkersburg, Weirton, and Wheeling 8-hour ozone maintenance areas. In
the Federal Register document at 76 FR 56795, EPA inadvertently
approved incorrect emissions budgets for the Charleston and Wheeling
maintenance areas. The correct budgets EPA meant to include were the
budgets in West Virginia's 2011 submission, available in the docket for
this rulemaking action and at www.regulations.gov.
On December 22, 2011 (76 FR 79539), EPA published a correction
notice; however, the incorrect emissions budgets for the Charleston and
Wheeling maintenance areas were still inadvertently included again in
40 CFR 52.2532. The intent of this rulemaking notice is to correct
those emissions budgets in 40 CFR 52.2532. This action corrects the
erroneous language. EPA does not expect adverse comments on this
document as we are simply correcting a technical error in the MVEBs
table previously approved on December 22, 2011 in 76 FR 79539. The
Charleston maintenance area (Kanawha and Putnam Counties) MVEBs for
2018 volatile organic compounds (VOCs) were previously 13.5 tons per
day (tpd) and are being corrected to 13.7 tpd. The Wheeling maintenance
area (Marshall and Ohio Counties) MVEBs for 2018 VOCs were previously
7.7 tpd and are being corrected to 9.1 tpd.
In the rulemaking published in the Federal Register on December 22,
2011 in 76 FR 79539 on page 79541 paragraphs 52.2532(a) and (e) are
corrected. Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making this rule final without prior proposal
and opportunity for comment because we are merely correcting an
incorrect citation in a previous action. Thus, notice and public
procedure are unnecessary. EPA finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a significant regulatory action and is therefore not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because
the agency has made a good cause finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedures Act or any other statute as indicated in the Supplementary
Information section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601
et seq), or to sections 202 and 205 of the Unfunded Mandates Reform Act
of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does not have a substantial direct effect
on one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
This technical correction action does not involve technical
standards; thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) by examining the takings implications of
the rule in accordance with the Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings issued under the executive order. This rule does not impose an
information collection burden under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq).
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of July 11,
2018.
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This correction to 40 CFR 52.2532 for
West Virginia is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: June 21, 2018.
Cosmo Servidio,
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. 52.2532, paragraphs (a) and (e) are revised to read as
follows:
[[Page 32064]]
Sec. 52.2532 Motor vehicle emissions budgets.
(a) EPA approves the following revised 2009 and 2018 motor vehicle
emissions budgets (MVEBs) for the Charleston, West Virginia 8-hour
ozone maintenance area submitted by the Secretary of the Department of
Environmental Protection on March 14, 2011:
----------------------------------------------------------------------------------------------------------------
Tons per day Tons per day
Applicable geographic area Year (tpd) VOC (tpd) NOX
----------------------------------------------------------------------------------------------------------------
Charleston Area (Kanawha and Putnam Counties)................... 2009 16.7 38.9
Charleston Area (Kanawha and Putnam Counties)................... 2018 13.7 17.1
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) EPA approves the following revised 2009 and 2018 motor vehicle
emissions budgets (MVEBs) for the Wheeling, West Virginia 8-hour ozone
maintenance area submitted by the Secretary of the Department of
Environmental Protection on March 14, 2011:
----------------------------------------------------------------------------------------------------------------
Tons per day Tons per day
Applicable geographic area Year (tpd) VOC (tpd) NOX
----------------------------------------------------------------------------------------------------------------
Wheeling Area (Marshall and Ohio Counties)...................... 2009 10.4 9.1
Wheeling Area (Marshall and Ohio Counties)...................... 2018 9.1 3.1
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-14743 Filed 7-10-18; 8:45 am]
BILLING CODE 6560-50-P