6160 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

■ 2. Add temporary § 165.T05–011, to 

read as follows:

§ 165.T05–011 Security Zone: Chesapeake 

Bay, Hampton Roads and Elizabeth River, 

Virginia. 

(a) Location. The following area is a 

security zone: All waters within a 500-

yard radius around the P/V MAASDAM, 

while the vessel transits through the 

Captain of the Port Hampton Roads 

zone, and while berthed at Nauticus 

International Terminal. 

(b) Definitions: The designated 

representative of the Captain of the Port

is any U.S. Coast Guard commissioned, 

warrant or petty officer who has been 

authorized by the Captain of the Port, 

Hampton Roads, Virginia to act on his 

behalf. 

(c) Contact information. The Captain 

of the Port, Hampton Roads and the 

Command Duty Officer at the Marine 

Safety Office Hampton Roads, Norfolk, 

Virginia, can be contacted at telephone 

Number (757) 668–5555 or (757) 484–

8192. The Coast Guard vessels enforcing 

the security zone can be contacted on 

VHF–FM channels 13 and 16. 

(d) Regulation: (1) Under § 165.33, 

vessels are prohibited from entering 

within 100 yards of the P/V 

MAASDAM, unless authorized by the 

Captain of the Port, Hampton Roads, 

Virginia, or his designated 

representatives. Vessels within 500 

yards of the P/V MAASDAM must 

operate only at the minimum speed 

necessary to maintain course. 

(2) The operator of any vessel in any 

part of this security zone must:

(i) Stop the vessel immediately upon being 

directed to do so by any commissioned, 

warrant or petty officer on board a vessel 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer on 

board a vessel displaying a U.S. Coast Guard 

Ensign. 

(iii) Operate at minimum speed within a 

500-yard radius of P/V MAASDAM.

(e) Effective period: This section is 

effective from January 20, 2004, to April 

24, 2004.

Dated: January 16, 2004. 

Robert R. O’Brien, Jr., 

Captain, U.S. Coast Guard, Captain of the 

Port, Hampton Roads.

[FR Doc. 04–2742 Filed 2–9–04; 8:45 am] 

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[WV063–6032a; FRL–7612–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; MOBILE6-Based Motor 

Vehicle Emission Budgets for 

Greenbrier County and the Charleston, 

Huntington, and Parkersburg 1-Hour 

Ozone Maintenance Areas

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve State Implementation 

Plan (SIP) revisions submitted by the 

State of West Virginia. The revisions 

amend the 1-hour ozone maintenance 

plans for Greenbrier County and the 

Charleston, Huntington and Parkersburg 

areas. These revisions amend the 

maintenance plans’ base year and 2005 

highway mobile volatile organic 

compound (VOC) and nitrogen oxide 

(NOX) emission inventories and the 

2005 motor vehicle emissions budgets 

(MVEBs) to reflect the use of MOBILE6. 

These revisions also reallocate a portion 

of each plans’ safety margins which 

results in an increase in the MVEBs. The 

revised plans continue to demonstrate 

maintenance of the 1-hour national 

ambient air quality standard (NAAQS) 

for ozone. EPA is approving these SIP 

revisions to the West Virginia 

maintenance plans in accordance with 

the requirements of the Clean Air Act.

DATES: This rule is effective on April 12, 

2004, without further notice, unless 

EPA receives adverse written comment 

by March 11, 2004. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect.

ADDRESSES: Comments may be 

submitted either by mail or 

electronically. Written comments 

should be mailed to Larry Budney, 

Energy, Radiation and Indoor 

Environment Branch, Mailcode 3AP23, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Electronic comments should be sent 

either to budney.larry@epa.gov or to 

http://www.regulations.gov, which is an 

alternative method for submitting 

electronic comments to EPA. To submit 

comments, please follow the detailed 

instructions described in Part III of the 

SUPPLEMENTARY INFORMATION section. 

Copies of the documents relevant to this 

action are available 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; and 

the West Virginia Department of 

Environmental Protection, Division of 

Air Quality, 7012 MacCorkle Avenue, 

SE., Charleston, West Virginia 25304–

2943.

FOR FURTHER INFORMATION CONTACT:

Larry Budney, (215) 814–2184, or by email at budney.larry@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background 

On August 4, 1995 (60 FR 39911), 

September 6, 1994 (59 FR 45985), 

December 21, 1994 (59 FR 65719) and 

September 6, 1994 (59 FR 45978), 

respectively, EPA redesignated 

Greenbrier County and the Charleston, 

Huntington and Parkersburg areas of 

West Virginia to attainment for the 1-

hour ozone NAAQS. For each of those 

areas, the redesignations included 

approvals of 1-hour ozone maintenance 

plans, which identify on-road MVEBs 

for VOCs and NOX, which are ozone 

precursors. The MVEBs contained in 

those maintenance plans were based 

upon MOBILE5, which was the latest 

EPA on-road motor vehicle emission 

factor model available at the time. 

The MOBILE model is an EPA 

emission factor model for estimating 

pollutant emissions from on-road motor 

vehicles. The MOBILE model calculates 

emissions of VOCs and NOX from 

passenger cars, motorcycles, buses, and 

light-duty and heavy-duty trucks. The 

model accounts for the emission 

impacts of factors such as changes in 

vehicle emission standards, changes in 

vehicle populations and activity, and 

various local conditions such as 

temperature, humidity, fuel quality, and 

air quality programs. The MOBILE 

model is used to calculate current and 

future inventories of motor vehicle 

emissions at the national and local 

level. These inventories are used to 

make decisions about air pollution 

policies and programs at the local, State 

and national level. MOBILE-based 

inventories are also used in 

demonstrating how the Clean Air Act’s 

(the Act’s) requirements for SIPs and 

transportation conformity are met. 

The MOBILE model was first 

developed in 1978. It has been updated 

several times to reflect changes in the 

vehicle fleet and fuels, to incorporate 

EPA’s growing understanding of vehicle 

emissions, and to address new emission 

regulations and modeling needs. EPA 

released MOBILE6, the latest version of 

Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 6161

the MOBILE model, on January 29, 2002 

(67 FR 4254). Although some minor 

updates were made in 1996 with the 

release of MOBILE5b, MOBILE6 is the 

first major revision to MOBILE since 

MOBILE5a was released in 1993. 

Beginning in January of 2004, all 

conformity determinations for new 

transportation improvement programs 

and long range transportation plans will 

be required to use MOBILE6 to 

demonstrate conformity. 

For the year 2005, the maintenance 

plans identified and established MVEBs 

for VOC and NOX for each area, to 

which each respective area’s 

transportation improvement program 

and long range transportation plan must 

conform. Conformity to MVEBs in a SIP 

means that transportation activities will 

not produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the NAAQS. 

II. Summary of West Virginia’s SIP 

Revision and EPA’s Review 

A. MOBILE6-Based Highway Motor 

Vehicle Emission Inventories 

On October 15, 2003, the State of 

West Virginia submitted to EPA a formal 

revision to its State Implementation 

Plan (SIP). The SIP revision contains 

recalculations of the MVEBs to reflect 

the use of the MOBILE6 emission factor 

model for Greenbrier County and the 

Charleston, Huntington and Parkersburg 

maintenance areas. The revisions also 

reallocate a portion of the differences 

(safety margins) between the total base 

year and total projected 2005 emissions 

for each area which produces an 

increase in the MVEBs. The base year is 

1990 for the Charleston and Parkersburg 

areas, and 1993 for Greenbrier County 

and the Huntington area. By increasing 

the MVEBs, the West Virginia 

Department of Environmental Protection 

(WVDEP) is ensuring that conformity 

can be demonstrated in each area. The 

October 15, 2003 submittal, while 

increasing the MVEBs still ensures 

maintenance of the NAAQS for ozone in 

each area.

Tables 1–4 and the discussion that 

follows describe how the new 

MOBILE6-based MVEBs were 

determined for each maintenance area.

TABLE 1.—GREENBRIER COUNTY REALLOCATION OF EMISSIONS AND DETERMINATION OF MOBILE6-BASED MVEBS

[Tons/day] 

Emissions prior to reallocation Safety margin 2005 emissions 

1993 base year 2005 projection Allocated safety 

margin 2005 MVEB 

Highway MOBILE6 Emissions: 

VOC .................................................................................. 4.22 1.96 1.50 3.46

NOX .................................................................................. 5.07 3.80 1.05 4.85

1993 base year 2005 projection base minus 2005 2005 total 

Total (Point, Area and Mobile) Emissions: 

VOC .................................................................................. 8.59 6.92 1.67 8.42

NOX .................................................................................. 6.67 5.50 1.17 6.56

TABLE 2.—CHARLESTON AREA REALLOCATION OF EMISSIONS AND DETERMINATION OF MOBILE6-BASED MVEBS

[Tons/day] 

Emissions prior to reallocation Safety margin 2005 emissions 

1990 base year 2005 projection Allocated safety 

margin 2005 MVEB 

Highway MOBILE6 Emissions: 

VOC .................................................................................. 38.2 14.4 30.1 44.5

NOX .................................................................................. 35.8 24.5 29.6 54.1

1990 base year 2005 projection Base minus 2005 2005 total 

Total (Point, Area and Mobile) Emissions: 

VOC .................................................................................. 114.8 81.3 33.5 111.4

NOX .................................................................................. 441.9 409.0 32.9 438.6

TABLE 3.—HUNTINGTON AREA REALLOCATION OF EMISSIONS AND DETERMINATION OF MOBILE6-BASED MVEBS

[Tons/day] 

Emissions prior to reallocation Safety margin 2005 emissions 

1993 base year 2005 projection Allocated safety 

margin 2005 MVEB 

Highway MOBILE6 Emissions: 

VOC .................................................................................. 13.0 6.5 6.9 13.4

NOX .................................................................................. 13.0 10.2 3.7 13.9

1993 base year 2005 projection Base minus 2005 2005 total 

Total (Point, Area and Mobile) Emissions: 

VOC .................................................................................. 42.5 34.9 7.6 41.8

6162 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

TABLE 3.—HUNTINGTON AREA REALLOCATION OF EMISSIONS AND DETERMINATION OF MOBILE6-BASED MVEBS—

Continued

[Tons/day] 

Emissions prior to reallocation Safety margin 2005 emissions 

1993 base year 2005 projection Allocated safety 

margin 2005 MVEB 

NOX .................................................................................. 42.2 38.1 4.1 41.8

TABLE 4.—PARKERSBURG AREA REALLOCATION OF EMISSIONS AND DETERMINATION OF MOBILE6-BASED MVEBS

[Tons/day] 

Emissions prior to reallocation Safety margin 2005 emissions 

1990 base year 2005 projection Allocated safety 

margin 2005 MVEB 

Highway MOBILE6 Emissions: 

VOC .................................................................................. 10.0 4.0 9.5 13.4

NOX .................................................................................. 8.7 6.3 3.6 9.9

1990 base year 2005 projection Base minus 2005 2005 total 

Total (Point, Area and Mobile) Emissions: 

VOC .................................................................................. 55.1 44.6 10.5 54.1

NOX .................................................................................. 28.6 24.6 4.1 28.2

All emissions presented in the tables 

are recalculated based upon MOBILE6. 

The 2005 MVEB VOC AND NOX

emissions (upper portion of last 

column) serve as the new MVEBs for 

transportation conformity planning. 

As indicated in Tables 1–4 (see 

explanation that follows), ninety 

percent of the difference between the 

total base year emissions and the total 

projected 2005 emissions has been 

allocated to the respective on-road 

MVEBs. The remaining ten percent has 

been reserved as residual safety margins 

in the total maintenance budgets to 

ensure continued maintenance of the 1-

hour ozone NAAQS. 

To explain how the safety margins are 

determined and allocated, the VOC 

emissions for the Parkersburg area (in 

Table 4) may be used as an example. 

The total 1990 base year VOC emissions 

are 55.1 tons/day (tpd), which is the 

maximum amount of VOC emissions 

consistent with maintenance of the 1-

hour ozone NAAQS. Since the total 

projected 2005 emissions are 44.6 tpd, 

there is a 10.5 tpd VOC safety margin 

(i.e., the ozone NAAQS would continue 

to be maintained if total VOC emissions 

increased as much as 10.5 tpd above the 

projected 2005 emissions of 44.6 tpd.) 

Ninety percent of the 10.5 tpd safety 

margin (i.e., 9.5 tpd) has been allocated 

to the 2005 projected highway VOC 

emissions (4.0 tpd) yielding a MVEB of 

13.4 tpd of VOC for year 2005. (Note 

regarding the 13.4 number: 13.4, as 

opposed to 13.5, results from 

mathematical rounding of the VOC and 

safety margin numbers). 

In the same Parkersburg example 

(again refer to Table 4), the remaining 

1.0 tpd of the VOC safety margin has 

been reserved as a residual safety 

margin in the total (point, area and 

mobile source) maintenance VOC 

budget. The 1.0 tpd residual VOC safety 

margin is subtracted from the 1990 total 

allowable base year emissions (55.1 tpd) 

to yield 54.1 as the new total VOC 

maintenance budget for the Parkersburg 

area.

For all of the West Virginia 1-hour 

ozone maintenance areas addressed 

herein, the WVDEP recalculated the 

2005 MVEBs using the latest available 

planning assumption data. However, the 

most up-to-date West Virginia vehicle 

registration data do not differentiate 

between passenger cars and light duty 

trucks, rendering those data inadequate 

for use in estimating emissions. 

Therefore, the WVDEP used the latest 

available West Virginia Highway 

Performance Monitoring System 

(HPMS) data on vehicle miles traveled 

(VMT) by vehicle type and roadway 

class obtained from the West Virginia 

Department of Transportation. The 

WVDEP used the HPMS data to adjust 

the national MOBILE6 default VMT data 

to generate a more accurate VMT mix by 

vehicle type and roadway class. That 

adjusted VMT mix was used in 

conjunction with MOBILE6 in 

calculating the base year and projected 

2005 VOC and NOX emissions. 

III. Final Action 

EPA is approving West Virginia’s 

October 15, 2003 SIP revision submittal 

which amends the 1-hour ozone 

maintenance plans for the Greenbrier 

County and the Charleston, Huntington 

and Parkersburg areas. These revisions 

amend the maintenance plans’ base year 

and 2005 highway mobile VOC and 

NOX emission inventories and the 2005 

MVEBs to reflect the use of MOBILE6. 

These revisions also reallocate a portion 

of each plans’ safety margins which 

results in an increase in the MVEBs. 

EPA is approving these SIP revisions to 

the maintenance plans for Greenbrier 

County and the Charleston, Huntington 

and Parkersburg areas because the 

October 15, 2003 submittal continues to 

demonstrate maintenance of the 1-hour 

ozone NAAQS. EPA is publishing this 

rule without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comment, since no significant adverse 

comments were received on the SIP 

revision at the State level. However, in 

the ‘‘Proposed Rules’’ section of today’s 

Federal Register, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision if 

adverse comments are filed. This rule 

will be effective on April 12, 2004 

without further notice unless EPA 

receives adverse comment by March 11, 

2004. 

If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 6163

public that the rule will not take effect. 

EPA will address all public comments 

in a subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

You may submit comments either 

electronically or by mail. To ensure 

proper receipt by EPA, identify the 

appropriate rulemaking identification 

number WV063–6032 in the subject line 

on the first page of your comment. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

1. Electronically. If you submit an 

electronic comment as prescribed 

below, EPA recommends that you 

include your name, mailing address, 

and an e-mail address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

i. E-mail. Comments may be sent by 

electronic mail (e-mail) to 

budney.larry@epa.gov attention 

WV063–6032. EPA’s e-mail system is 

not an ‘‘anonymous access’’ system. If 

you send an e-mail comment directly 

without going through Regulations.gov, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket. 

ii. Regulations.gov. Your use of 

Regulations.gov is an alternative method 

of submitting electronic comments to 

EPA. Go directly to http://

www.regulations.gov, then select 

‘‘Environmental Protection Agency’’ at 

the top of the page and use the ‘‘go’’

button. The list of current EPA actions 

available for comment will be listed. 

Please follow the online instructions for 

submitting comments. The system is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity, 

e-mail address, or other contact 

information unless you provide it in the 

body of your comment. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in the ADDRESSES section of 

this document. These electronic 

submissions will be accepted in 

WordPerfect, Word or ASCII file format. 

Avoid the use of special characters and 

any form of encryption. 

2. By Mail. Written comments should 

be addressed to the EPA Regional office 

listed in the ADDRESSES section of this 

document. For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or on paper, 

will be made available for public 

viewing at the EPA Regional Office, as 

EPA receives them and without change, 

unless the comment contains 

copyrighted material, confidential 

business information (CBI), or other 

information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

the official public rulemaking file. The 

entire printed comment, including the 

copyrighted material, will be available 

at the Regional Office for public 

inspection. 

Submittal of CBI Comments—Do not 

submit information that you consider to 

be CBI electronically to EPA. You may 

claim information that you submit to 

EPA as CBI by marking any part or all 

of that information as CBI (if you submit 

CBI on disk or CD ROM, mark the 

outside of the disk or CD ROM as CBI 

and then identify electronically within 

the disk or CD ROM the specific 

information that is CBI). Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2.

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the official 

public regional rulemaking file. If you 

submit the copy that does not contain 

CBI on disk or CD ROM, mark the 

outside of the disk or CD ROM clearly 

that it does not contain CBI. Information 

not marked as CBI will be included in 

the public file and available for public 

inspection without prior notice. If you 

have any questions about CBI or the 

procedures for claiming CBI, please 

consult the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

Considerations When Preparing 

Comments to EPA 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide any technical information 

and/or data you used that support your 

views. 

4. If you estimate potential burden or 

costs, explain how you arrived at your 

estimate. 

5. Provide specific examples to 

illustrate your concerns. 

6. Offer alternatives. 

7. Make sure to submit your 

comments by the comment period 

deadline identified. 

8. To ensure proper receipt by EPA, 

identify the appropriate regional file/

rulemaking identification number in the 

subject line on the first page of your 

response. It would also be helpful if you 

provided the name, date, and Federal 

Register citation related to your 

comments. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is 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). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

6164 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Public Law 104–4). This rule also does 

not have tribal implications because it 

will 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). This 

action also does not have Federalism 

implications because it does not 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 government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. In reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. In this 

context, in the absence of a prior 

existing requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

SIP submission for failure to use VCS. 

It would thus be inconsistent with 

applicable law for EPA, when it reviews 

a SIP submission, to use VCS in place 

of a SIP submission that otherwise 

satisfies the provisions of the Clean Air 

Act. 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. This 

rule does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

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 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 rule 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 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 April 12, 2004. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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 West Virginia’s revisions to 

the base-year and 2005 MVEBs of its 1-

hour ozone maintenance plans for the 

Greenbrier County and the Charleston, 

Huntington and Parkersburg areas to 

reflect the use of MOBILE6 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, Nitrogen dioxide, 

Ozone, Incorporation by reference, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: January 14, 2004. 

James W. Newsom, 

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 XX—West Virginia

■ 2. Section 52.2520 is amended by 

adding paragraph (c)(57) to read as 

follows:

§ 52.2520 Identification of plan.

* * * * *

(c) * * * 

(57) Revisions to the West Virginia 1-

hour ozone maintenance plans for 

Greenbrier County and the Charleston, 

Huntington and Parkersburg areas to 

amend the base year and 2005 mobile 

emissions inventories and the 2005 

motor vehicle emission budgets to 

reflect the use of MOBILE6, and to 

reallocate a portion of projected 

MOBILE6-based emission safety 

margins to those 2005 motor vehicle 

emission budgets. These revisions were 

submitted by the State of West Virginia 

Department of Environmental Protection 

to EPA on October 15, 2003. 

(i) Incorporation by reference. 

(A) Letter of October 15, 2003 from 

the Secretary of the West Virginia 

Department of Environmental Protection 

transmitting revisions to West Virginia’s 

ozone maintenance plans for the 

Greenbrier County and the Charleston, 

Huntington and Parkersburg areas. 

(B) Document entitled ‘‘Final 

Revisions to the 1–Hour Ozone 

Maintenance Plans for the Charleston, 

WV (Kanawha and Putnam Counties); 

Huntingdon, WV (Cabell & Wayne 

Counties); Parkersburg, WV (Wood 

County); and Greenbrier County WV 

Maintenance Areas.’’ This document 

establishes revised motor vehicle 

emissions budgets for the following 1-

hour ozone maintenance plans, effective 

September 26, 2003: 

(1) Revisions to the Charleston, West 

Virginia (Kanawha and Putnam 

Counties) ozone maintenance plan, 

establishing revised motor vehicle 

emissions budgets of 44.5 tons/day of 

VOC and 54.1 tons/day of NOX. 

(2) Revisions to the Huntington, West 

Virginia (Cabell and Wayne Counties) 

ozone maintenance plan, establishing 

revised motor vehicle emissions budgets 

of 13.4 tons/day of VOC and 13.9 tons/

day of NOX. 

(3) Revisions to the Parkersburg, West 

Virginia (Wood County) ozone 

maintenance plan, establishing revised 

motor vehicle emissions budgets of 13.4 

tons/day of VOC and 9.9 tons/day of 

NOX. 

(4) Revisions to the Greenbrier 

County, West Virginia ozone 

maintenance plan, establishing revised 

motor vehicle emissions budgets of 3.46 

tons/day of VOC and 4.85 tons/day of 

NOX. 

(ii) Additional Material.—Remainder 

of the State submittal pertaining to the 

revisions listed in paragraph (c)(57)(i) of 

this section.

[FR Doc. 04–2707 Filed 2–9–04; 8:45 am] 

BILLING CODE 6560–50–P