Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations 79539 

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 February 21, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action 

approving Delaware’s control of VOCs 

from adhesives and sealants 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 8, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by adding an entry for 

Regulation 1141, Section 4.0 to read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State regulation (7 DNREC 

1100) Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

*******

1141 ......................................... Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products 

*******

Section 4.0 ............................... Adhesives & Sealants ............ 4/11/09 12/22/11 [Insert page number 

where the document begins].

Addition of VOC limits for adhesive and sealant products, including 25 adhesives, 4 adhesive primers, 5 

sealants, and 3 sealant 

primers. 

*******

* * * * * 

[FR Doc. 2011–32646 Filed 12–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[FDMS Docket No. EPA–R03–OAR–2011– 

0511; FRL–9609–1] 

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: Direct final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the rule language of a direct 

final rule pertaining to 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: Effective date: December 22, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Martin Kotsch, (215) 814–3335 or by 

email at kotsch.martin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used we mean 

EPA. On September 15, 2011 (76 FR 

56795), we published a final rulemaking 

action announcing our approval of 

revised mobile emissions budgets for 

the Charleston, Huntington, 

Parkersburg, Weirton, and Wheeling 

8-hour ozone maintenance areas. In this 

document, in 40 CFR 52.2532, we 

inadvertently approved incorrect 

emissions budgets for the Charleston 

and Wheeling maintenance areas. The 

intent of the rule is to correct those 

emissions budgets. This action corrects 

the erroneous language. 

In rule document 2011–23261, 

published in the Federal Register on 

September 15, 2011 in 76 FR 56795 on 

page 56981, paragraphs 52.2532(a) and 

52.2532(e) are corrected to read as 

follows: 

(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: 


jlentini on DSK4TPTVN1PROD with RULES
79540 Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations 

Applicable geographic area Year Tons per day 

(TPD) VOC 

Tons per day 

(TPD) NOX

Charleston Area (Kanawha and Putnam Counties) .................................................................... 2009 16.7 38.9

Charleston Area (Kanawha and Putnam Counties) .................................................................... 2018 13.5 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: 

Applicable geographic area Year Tons per day 

(TPD) VOC 

Tons per day 

(TPD) NOX

Wheeling Area (Marshall and Ohio Counties) ............................................................................. 2009 10.4 9.1 

Wheeling Area (Marshall and Ohio Counties) ............................................................................. 2018 7.7 3.1 

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. We 

have determined that there is good 

cause for making today’s 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. We find 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 [insert 

effective date]. 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). 

Dated: December 02, 2011. 

W.C. Early, 

Acting Regional Administrator, EPA Region 

III. 

40 CFR Part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart XX—West Virginia 

■ 2. In § 52.2532 is amended by revising 

paragraphs (a) and (e) to read as follows: 

§ 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 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations 79541 

Environmental Protection on March 14, 

2011: 

Applicable geographic area Year Tons per day 

(TPD) VOC 

Tons per day 

(TPD) NOX

Charleston Area (Kanawha and Putnam Counties) .................................................................... 2009 16.7 38.9

Charleston Area (Kanawha and Putnam Counties) .................................................................... 2018 13.5 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: 

Applicable geographic area Year Tons per day 

(TPD) VOC 

Tons per day 

(TPD) NOX

Wheeling Area (Marshall and Ohio Counties) ............................................................................. 2009 10.4 9.1 

Wheeling Area (Marshall and Ohio Counties) ............................................................................. 2018 7.7 3.1 

[FR Doc. 2011–32647 Filed 12–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2011–0081; FRL–9609–4] 

RIN 2060–AQ69 

Revisions to Final Response to 

Petition From New Jersey Regarding 

SO2 Emissions From the Portland 

Generating Station 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to amend the preamble and rule 

text to the Final Response to Petition 

From New Jersey Regarding SO2

Emissions From the Portland Generating 

Station (Portland) published November 

7, 2011, to revise minor misstatements. 

These revisions clarify the EPA’s 

finding that Portland significantly 

contributes to nonattainment or 

interferes with maintenance of the 

1-hour sulfur dioxide (SO2) national 

ambient air quality standard (NAAQS) 

in the State of New Jersey, and not in 

specific counties within the state. These 

revisions have no impact on any other 

provisions of the rule. 

DATES: The direct final rule is effective 

on March 21, 2012 without further 

notice, unless the EPA receives adverse 

comment by February 21, 2012. If the 

EPA receives an adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2011–0081, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

Attention Docket ID No. EPA–HQ– 

OAR–2011–0081. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2011– 

0081. 

• Mail: EPA Docket Center, EPA West 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2011–0081, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2011–0081, 

Environmental Protection Agency, 1301 

Constitution Avenue NW., Room 3334, 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2011– 

0081. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at www.

regulations.gov, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters and 

any form of encryption, and be free of 

any defects or viruses. For additional 

information about the EPA’s public 

docket, visit the EPA Docket Center 

homepage at http://www.epa.gov/

epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in www.regulations.

gov or in hard copy at the EPA Docket 

Center EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the EPA Docket Center is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Todd Hawes (919) 541–5591, hawes.

todd@epa.gov, or Ms. Gobeail McKinley 


jlentini on DSK4TPTVN1PROD with RULES