73924 Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 11, 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 

pertaining to the PM2.5 2002 base year 

emissions inventory for the Charleston 

Area 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, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 27, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding at the end of 

the table an entry for 2002 Base Year 

Emissions Inventory for the 1997 fine 

particulate matter (PM2.5) standard to 

read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision Applicable geographic area State submittal 

date EPA approval date Additional explanation 

*******

2002 Base Year Emissions Inventory for the 1997 fine particulate matter (PM2.5) standard.Charleston, WV–1997 PM2.5 nonattainment area (Kanawha and 

Putnam Counties).

11/4/09 12/13/12 [Insert page 

number where the document begins].

■ 3. Section 52.2531 is amended by 

adding paragraph (d) to read as follows: 

§ 52.2531 Base year emissions inventory. 

* * * * * 

(d) EPA approves as a revision to the 

West Virginia State Implementation 

Plan the 2002 base year emissions 

inventory for the Charleston, WV fine 

particulate matter (PM2.5) nonattainment 

area submitted by the West Virginia 

Department of Environmental Protection 

on November 4, 2009. The 2002 base 

year emissions inventory includes 

emissions estimates that cover the 

general source categories of point 

sources, non-road mobile sources, area 

sources, on-road mobile sources, and 

biogenic sources. The pollutants that 

comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOCs), PM2.5, coarse 

particles (PM10), ammonia (NH3), and 

sulfur dioxide (SO2). 

[FR Doc. 2012–29895 Filed 12–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0077; FRL–9760–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; The 2002 Base Year 

Emissions Inventory for the 

Parkersburg-Marietta, WV–OH 

Nonattainment Area for the 1997 Fine 

Particulate Matter National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the fine 

particulate matter (PM2.5) 2002 base year 

emissions inventory portion of the West 

Virginia State Implementation Plan 

(SIP) revision submitted by the State of 

West Virginia, through the West 

Virginia Department of Environmental 

Protection (WVDEP), on September 9, 

2008. The emissions inventory is part of 

the September 9, 2008 SIP revision that 

was submitted to meet nonattainment 

requirements related to the West 

Virginia portion of the ParkersburgMarietta, WV–OH nonattainment area 

(hereafter referred to as the Parkersburg 

Area) for the 1997 PM2.5 National 

Ambient Air Quality Standard 

(NAAQS). EPA is approving the 2002 

base year PM2.5 emissions inventory in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

January 11, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0077. 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 


emcdonald on DSK67QTVN1PROD with 
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations 73925 

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: 

Ruth Knapp, (215) 814–2191, or by 

email at knapp.ruth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 2, 2012 (77 FR 60087), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. The NPR proposed approval of 

the 2002 base year emissions inventory 

portion of the West Virginia SIP revision 

submitted by the State of West Virginia 

on September 9, 2008. 

II. Summary of SIP Revision 

The 2002 base year emissions 

inventory submitted by WVDEP on 

September 9, 2008 for the Parkersburg 

Area includes emissions estimates that 

cover the general source categories of 

point sources, non-road mobile sources, 

area sources, on-road mobile sources, 

and biogenic sources. The pollutants 

that comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOCs), PM2.5, coarse 

particles (PM10), ammonia (NH3) and 

sulfur dioxide (SO2). EPA has reviewed 

the results, procedures and 

methodologies for the base year 

emissions inventory submitted by 

WVDEP. The year 2002 was selected by 

WVDEP as the base year for the 

emissions inventory per 40 CFR 

51.1008(b). A discussion of the 

emissions inventory development as 

well as the emissions inventory for the 

Parkersburg Area can be found in the 

September 9, 2008 SIP submittal. 

Specific requirements of the base year 

inventory and the rationale for EPA’s 

action are explained in the NPR and 

will not be restated here. No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving the 2002 base year 

PM2.5 emissions inventory for the 

Parkersburg Area as a revision to the 

West Virginia SIP. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 11, 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 pertaining to the PM2.5

2002 base year emissions inventory for 

the Parkersburg Area 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, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: November 21, 2012. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR Part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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


emcdonald on DSK67QTVN1PROD with 
73926 Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations 

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding at the end of 

the table an entry for 2002 Base Year 

Emissions Inventory for the 1997 fine 

particulate matter (PM2.5) standard to 

read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e)* * * 

Name of non-regulatory 

SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

2002 Base Year Emissions Inventory for the 1997 fine particulate 

matter (PM2.5) standard.

West Virginia portion of the Parkersburg-Marietta, WV–OH nonattainment area.9/9/08 12/12/12 [Insert page number 

where the document begins].

52.2531(c) 

■ 3. Section 52.2531 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2531 Base year emissions inventory. 

* * * * * 

(c) EPA approves as a revision to the 

West Virginia State Implementation 

Plan the 2002 base year emissions 

inventory for the Parkersburg-Marietta, 

WV–OH fine particulate matter (PM2.5) 

nonattainment area submitted by the 

West Virginia Department of 

Environmental Protection on September 

9, 2008. The 2002 base year emissions 

inventory includes emissions estimates 

that cover the general source categories 

of point sources, non-road mobile 

sources, area sources, on-road mobile 

sources, and biogenic sources. The 

pollutants that comprise the inventory 

are nitrogen oxides (NOX), volatile 

organic compounds (VOCs), PM2.5, 

coarse particles (PM10), ammonia (NH3) 

and sulfur dioxide (SO2). 

[FR Doc. 2012–29893 Filed 12–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0400; FRL–9756–9] 

Approval and Promulgation of State 

Implementation Plans; State of 

Wyoming; Regional Haze Rule 

Requirements for Mandatory Class I 

Areas Under 40 CFR 51.309 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving Wyoming 

State Implementation Plan (SIP) 

revisions submitted on January 12, 2011 

and April 19, 2012 that address regional 

haze. These SIP revisions were 

submitted to address the requirements 

of the Clean Air Act (CAA or Act) and 

our rules that require states to prevent 

any future and remedy any existing 

man-made impairment of visibility in 

mandatory Class I areas caused by 

emissions of air pollutants from 

numerous sources located over a wide 

geographic area (also referred to as the 

‘‘regional haze program’’). States are 

required to assure reasonable progress 

toward the national goal of achieving 

natural visibility conditions in Class I 

areas. EPA is taking this action pursuant 

to section 110 of the CAA. 

DATES: This final rule is effective 

January 11, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0400. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov, or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if, at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Laurel Dygowski, Air Program, 

Mailcode 8P–AR, Environmental 

Protection Agency, Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6144, 

dygowski.laurel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

i. The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

ii. The initials BART mean or refer to 

Best Available Retrofit Technology. 

iii. The initials EGUs mean or refer to 

electric generating units. 

iv. The initials GCVTC mean or refer 

to the Grand Canyon Visibility 

Transport Commission. 

v. The initials NOX mean or refer to 

nitrogen oxides. 

vi. The initials PM mean or refer to 

particulate matter. 

vii. The initials SIP mean or refer to 

State Implementation Plan. 

viii. The initials URP mean or refer to 

uniform rate of progress. 

ix. The initials WAQSR mean or refer 

to Wyoming Air Quality Standards and 

Regulations. 

Table of Contents 

I. Background 

A. Regional Haze 

B. Lawsuits 

C. Our Proposal 

D. Public Participation 

II. Final Action 

III. Basis for Our Final Action 

IV. Issues Raised by Commenters and EPA’s 

Responses 

A. Backstop Trading Program 

B. General Comments 

V. Statutory and Executive Order Reviews 

I. Background 

The CAA requires each state to 

develop plans, referred to as SIPs, to 

meet various air quality requirements. A 

state must submit its SIPs and SIP 

revisions to us for approval. Once 

approved, a SIP is enforceable by the 

EPA and citizens under the CAA, also 

known as being federally enforceable. 

This action involves the requirement 

that states have SIPs that address 

regional haze. 

A. Regional Haze 

In 1990, Congress added section 169B 

to the CAA to address regional haze 

issues, and we promulgated regulations 

addressing regional haze in 1999. 64 FR 

35714 (July 1, 1999), codified at 40 CFR 

part 51, subpart P. The requirements for 

regional haze, found at 40 CFR 51.308 

and 51.309, are included in our 

visibility protection regulations at 40 

CFR 51.300–309. The requirement to 

submit a regional haze SIP applies to all 

50 states, the District of Columbia and 

the Virgin Islands. States were required 

to submit a SIP addressing regional haze 

visibility impairment no later than 


emcdonald on DSK67QTVN1PROD with