Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations 73923 

oversnow routes through the winter of 

2012–2013: 

* * * * * 

Dated: December 5, 2012. 

Rachel Jacobson, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2012–29911 Filed 12–11–12; 8:45 am] 

BILLING CODE 4312–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0422; FRL–9759–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; The 2002 Base Year 

Emissions Inventory for the Charleston 

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 November 4, 

2009. The emissions inventory is part of 

the November 4, 2009 SIP revision that 

was submitted to meet nonattainment 

requirements for the Charleston, West 

Virginia nonattainment area (hereafter 

referred to as the Charleston 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–2012–0422. 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: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 2, 2012 (77 FR 60094), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia for the Charleston Area. The 

NPR proposed approval of the PM2.5

2002 base year emissions inventory 

portion of the West Virginia SIP revision 

for the Charleston Area. The formal SIP 

revision was submitted by the State of 

West Virginia on November 4, 2009. 

II. Summary of SIP Revision 

The PM2.5 2002 base year emissions 

inventory submitted by WVDEP on 

November 4, 2009 for the Charleston 

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). WVDEP selected 

the year 2002 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 

Charleston Area can be found in 

Appendices C and D of the November 4, 

2009 SIP submittal. 

EPA has reviewed the results, 

procedures and methodologies for the 

base year emissions inventory submitted 

by WVDEP. EPA’s evaluation can be 

found in the Technical Support 

Document dated August 12, 2010, 

available online at www.regulations.gov, 

Docket No. EPA–R03–OAR–2012–0422. 

EPA found that the process used to 

develop this emissions inventory for the 

Charleston Area is adequate to meet the 

requirements of CAA section 172(c)(3), 

the implementing regulations, and EPA 

guidance for emission inventories. 

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 

Charleston 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). 


emcdonald on DSK67QTVN1PROD with 
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