59840 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0508; FRL–9900–96– 

Region 9] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Antelope Valley portion 

of the California State Implementation 

Plan (SIP). This action was proposed in 

the Federal Register on July 26, 2013 

and concerns standards for continuous 

emissions monitoring systems and 

oxides of sulfur (SOx) emissions. We are 

approving local rules that regulate 

continuous emissions monitoring 

systems and standards for gaseous 

sulfur emission sources under the Clean 

Air Act (CAA or the Act). 

DATES: This rule is effective on October 

29, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–2013–0508 for this 

action. Generally, documents in the 

docket for this action are available 

electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Tong, EPA Region IX, (415) 

947–4122, tong.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 26, 2013 (78 FR 45114), EPA 

proposed to approve the following rules 

into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

AVAQMD .......... 218 Continuous Emission Monitoring .................................................................. 07/17/12 02/06/13 

AVAQMD .......... 218.1 Continuous Emission Monitoring Performance Specifications ..................... 07/17/12 02/06/13 

AVAQMD .......... 431.1 Sulfur Content of Gaseous Fuels ................................................................. 08/21/12 04/22/13 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, EPA is fully 

approving these rules into the California 

SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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 Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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. 

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). 

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Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 59841 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 29, 

2013. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Carbon monoxide, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

dioxide. 

Dated: September 4, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220, is amended by 

adding paragraphs (c)(428)(i)(B) and 

(c)(429)(i)(B) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(428) * * * 

(i) * * * 

(B) Antelope Valley Air Quality 

Management District. 

(1) Rule 218, ‘‘Continuous Emission 

Monitoring,’’ amended on July 17, 2012. 

(2) Rule 218.1, ‘‘Continuous Emission 

Monitoring Performance 

Specifications,’’ adopted on July 17, 

2012. 

* * * * * 

(429) * * * 

(i) * * * 

(B) Antelope Valley Air Quality 

Management District. 

(1) Rule 431.1, ‘‘Sulfur Content of 

Gaseous Fuels,’’ amended on August 21, 

2012. 

* * * * * 

[FR Doc. 2013–23247 Filed 9–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2012–0368; FRL–9901–41– 

Region3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; West Virginia’s Redesignation 

Request for the Wheeling, WV–OH 

1997 Annual Fine Particulate Matter 

Nonattainment Area to Attainment and 

Approval of the Associated 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a 

redesignation request and State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

The West Virginia Department of 

Environmental Protection (WVDEP) 

requested that the West Virginia portion 

of the Wheeling, WV–OH fine 

particulate matter (PM2.5) nonattainment 

area (‘‘Wheeling Area’’ or ‘‘Area’’) be 

redesignated as attainment for the 1997 

annual PM2.5 national ambient air 

quality standard (NAAQS). In this 

rulemaking action, EPA is approving the 

1997 annual PM2.5 redesignation request 

for the West Virginia portion of the 

Area. EPA is also approving the 

maintenance plan SIP revision that the 

State submitted in conjunction with its 

redesignation request. The maintenance 

plan provides for continued attainment 

of the 1997 annual PM2.5 NAAQS for 10 

years after redesignation of the West 

Virginia portion of the Area. The 

maintenance plan includes a 

comprehensive emissions inventory that 

EPA is approving in this rulemaking. 

The maintenance plan also includes an 

insignificance determination for the 

onroad motor vehicle contribution of 

PM2.5, nitrogen oxides (NOX), and sulfur 

dioxide (SO2) for the West Virginia 

portion of the Area for purposes of 

transportation conformity. EPA is also 

approving West Virginia’s insignificance 

determination for transportation 

conformity. In addition, EPA is also 

finding that the Area continues to attain 

the standard. This rulemaking action 

approving the 1997 annual PM2.5

NAAQS redesignation request, 

maintenance plan, comprehensive 

emissions inventory, and insignificance 

determination for transportation 

conformity for the West Virginia portion 

of the Area is based on EPA’s 

determination that the Area has met the 

criteria for redesignation to attainment 

specified in the Clean Air Act (CAA). 

DATES: This final rule is effective on 

September 30, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0368. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 8, 2012, the State of West 

Virginia, through the West Virginia 

Department of Environmental Protection 

(WVDEP), submitted a request to 

redesignate the West Virginia portion of 

the Wheeling Area nonattainment area 

to attainment for the 1997 annual PM2.5

NAAQS. The Wheeling Area is 

composed of Marshall and Ohio 

Counties in West Virginia and Belmont 

County in Ohio. On December 11, 2012 

(77 FR 73575), EPA published a notice 

of proposed rulemaking (NPR) for the 

State of West Virginia. Pursuant to 

sections 107(d)(3)(E) and 175A of the 

CAA, the NPR proposed approval of 

West Virginia’s redesignation request, a 

SIP revision that establishes a 

maintenance plan for the West Virginia 

portion of the Area that provides for 

continued attainment of the 1997 

annual PM2.5 NAAQS for at least 10 

years after redesignation, a 

comprehensive emissions inventory for 

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