81474 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–32482 Filed 12–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[WV103–6041; FRL–9240–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

submitted by West Virginia that are 

incorporated by reference (IBR) into the 

State Implementation Plan (SIP). The 

regulations affected by this update have 

been previously submitted by the West 

Virginia Department of Environmental 

Protection and approved by EPA. This 

update affects the SIP materials that are 

available for public inspection at the 

National Archives and Records 

Administration (NARA), the Air and 

Radiation Docket and Information 

Center located at EPA Headquarters in 

Washington, DC and the Regional 

Office. 

DATES: Effective Date: This action is 

effective December 28, 2010. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, EPA Headquarters 

Library, Room Number 3334, EPA West 

Building, 1301 Constitution Avenue, 

NW., Washington, DC 20460, and 

NARA. If you wish to obtain materials 

from a docket in the EPA Headquarters 

Library, please call the Office of Air and 

Radiation (OAR) Docket/Telephone 

number: (202) 566–1742; or NARA. For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108 or 

by e-mail at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

the State revises as necessary to address 

its unique air pollution problems. 

Therefore, EPA from time to time must 

take action on SIP revisions containing 

new and/or revised regulations to make 

them part of the SIP. On May 22, 1997 

(62 FR 27968), EPA revised the 

procedures for incorporating by 

reference Federally-approved SIPs as a 

result of consultations between EPA and 

the Office of the Federal Register (OFR). 

The description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997 Federal Register document. On 

February 10, 2005 (70 FR 7024), EPA 

published a Federal Register beginning 

the new IBR procedure for West 

Virginia. On February 28, 2007 (72 FR 

8903) and February 10, 2009 (74 FR 

6542), EPA published updates to the 

IBR material in West Virginia. 

Since the publication of the last IBR 

update, EPA has approved the following 

regulatory changes to the IBR materials 

in paragraph 52.2520(c): 

1. Addition of Regulation 45 CSR 39. 

2. Revisions to the following 

regulations: 45 CSR 6, 45 CSR 8, 45 CSR 

40, and 45 CSR 41. 

3. Removal of the following 

regulations: 45 CSR 1, 45 CSR 9, 45 CSR 

12, and 45 CSR 26. 

II. EPA Action 

In this document, EPA is doing the 

following: 

1. Announcing the update to the IBR 

material as of November 1, 2010. 

2. Making corrections to the following 

entries listed in the paragraph 

52.2520(c) chart, as described below: 

a. 45 CSR 6—removing text from the 

‘‘Additional explanation/citation at 40 

CFR § 52.2565’’ column. 

b. 45 CSR 7—revising the dates in the 

State effective date column so that the 

date format is consistent with that found 

throughout the paragraph. 

c. 45 CSR 21—reinstating section 45 

CSR 45–21–36, which had been 

inadvertently removed from this 

paragraph. On February 1, 1995, (60 FR 

6022), EPA approved 45 CSR 21, 

Section 36 as part of the West Virginia 

SIP. 

d. 45 CSR 39—Correcting the 

regulation title of section 45–39–15 in 

the ‘‘Title/subject’’ column. 

e. 45 CSR 41—correcting the 

regulation title to read ‘‘Control of 

Annual Sulfur Dioxides Emissions.’’ 

3. In paragraph 52.2420(e), correcting 

the date format in the ‘‘EPA approval 

date column’’ for the entry entitled 

‘‘State of West Virginia Transportation 

Conformity Requirements.’’ 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation, and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

removing outdated citations and 

correcting non-substantive errors in the 

table entries. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81475 

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, 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 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 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

Clean Air Act pertaining to petitions for 

judicial review are not applicable to this 

action. Prior EPA rulemaking actions for 

each individual component of the West 

Virginia SIP compilations had 

previously afforded interested parties 

the opportunity to file a petition for 

judicial review in the United States 

Court of Appeals for the appropriate 

circuit within 60 daysof such 

rulemaking action. Thus, EPA sees no 

need in this action to reopen the 60-day 

period for filing such petitions for 

judicial review for this ‘‘Identification of 

plan’’ reorganization update action for 

West Virginia. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and record keeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 3, 2010. 

W. C. Early, 

Acting, Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority for 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: 

■ a. Revising paragraph (b), 

■ b. Amending paragraph (c) as follows: 

■ i. Revising all entries for [45 CSR] 

Series 6 and [45 CSR] Series 7. 

■ ii. Adding an entry for Section 45–21– 

36. 

■ iii. Revising the entry for Section 45– 

39–15 and the Title for [45 CSR] Series 

41. 

■ c. In paragraph (e), revising the entry 

for State of West Virginia Transportation 

Conformity Requirements. 

The amendments read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(b) Incorporation by reference. 

(1) Material listed as incorporated by 

reference in paragraphs (c) and (d) was 

approved for incorporation by reference 

by the Director of the Federal Register 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. Material incorporated as 

it exists on the date of the approval, and 

notice of any change in the material will 

be published in the Federal Register. 

Entries in paragraphs (c) and (d) of this 

section with EPA approval dates on or 

after November 1, 2010 will be 

incorporated by reference in the next 

update to the SIP compilation. 

(2) EPA Region III certifies that the 

rules/regulations and source-specific 

requirements provided by EPA at the 

addresses in paragraph (b)(3) of this 

section are an exact duplicate of the 

officially promulgated State rules/ 

regulations and source-specific 

requirements which have been 

approved as part of the State 

implementation plan as of November 1, 

2010. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the EPA Region III Office at 

1650 Arch Street, Philadelphia, PA 

19103. For further information, call 

(215) 814–2108; the EPA, Air and 

Radiation Docket and Information 

Center, Room Number 3334, EPA West 

Building, 1301Constitution Avenue, 

NW., Washington, DC 20460. For further 

information, call (202) 566–1742; or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(c) EPA-approved regulations. 

EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP 

State citation 

[Chapter 16–20 or 45 CSR ] Title/subject State effective date 

EPA approval 

date 

Additional explanation/ 

citation at 40 CFR 52.2565 

*******

[45 CSR] Series 6 To Prevent and Control Air Pollution From Combustion of Refuse 

Section 45–6–1 ............................. General ......................................... 6/1/08 3/25/09, 74 FR 

12560.

Section 45–6–2 ............................. Definitions ..................................... 6/1/08 3/25/09, 74 FR 

12560.

Section 45–6–3 ............................. Open Burning Prohibited .............. 6/1/08 3/25/09, 74 FR 

12560.


srobinson on DSKHWCL6B1PROD with RULES
81476 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 45 CSR ] Title/subject State effective date 

EPA approval 

date 

Additional explanation/ 

citation at 40 CFR 52.2565 

Section 45–6–4 ............................. Emission Standards for Incinerators and Incineration.6/1/08 3/25/09, 74 FR 

12560.

Deleted paragraphs 4.8, and 4.8.a 

through 4.8.d; Added paragraphs 4.9 and 4.10. 

Section 45–6–5 ............................. Registration ................................... 6/1/08 3/25/09, 74 FR 

12560.

Section 45–6–6 ............................. Permits .......................................... 6/1/08 3/25/09, 74 FR 

12560.

Added paragraph 6.2. 

Section 45–6–7 ............................. Reports and Testing ..................... 6/1/08 3/25/09, 74 FR 

12560.

Section 45–6–8 ............................. Variances ...................................... 6/1/08 3/25/09, 74 FR 

12560.

Section 45–6–9 ............................. Emergencies and Natural Disasters.6/1/08 3/25/09, 74 FR 

12560.

Added paragraphs 9.1.c, 9.2, and 

9.2.a through 9.2.c. 

Section 45–6–10 ........................... Exemptions ................................... 6/1/08 3/25/09, 74 FR 

12560.

New Section. 

Section 45–6–11 ........................... Effect of the Rule .......................... 6/1/08 3/25/09, 74 FR 

12560.

Recodified—formerly section 45– 

6–10. 

Section 45–6–12 ........................... Inconsistency Between Rules ....... 6/1/08 3/25/09, 74 FR 

12560.

Recodified—formerly section 45– 

6–11. 

[45 CSR] Series 7 ........................ To Prevent and Control Particulate Matter Air Pollution From Manufacturing Process Operations 

Section 45–7–1 ............................. General ......................................... 8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

Section 45–7–2 ............................. Definitions ..................................... 8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

Section 45–7–3 ............................. Emission of Smoke and/or Particulate Matter Prohibited and 

Standards of Measurement.

8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

Section 45–7–4 ............................. Control and Prohibition of Particulate Emissions by Weight from 

Manufacturing Process Source 

Operations.

8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

Section 45–7–5 ............................. Control of Fugitive Particulate 

Matter.

8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

Section 45–7–6 ............................. Registration ................................... 8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

Section 45–7–7 ............................. Permits .......................................... 8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

Section 45–7–8 ............................. Reporting and Testing .................. 8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

Section 45–7–9 ............................. Variance ........................................ 8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

Section 45–7–10 ........................... Exemptions ................................... 8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

Section 45–7–11 ........................... Alternative Emission Limits for Duplicate Source Operations..8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

Section 45–7–12 ........................... Inconsistency Between Rules. ...... 8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

TABLE 45–7A, TABLE 45–7B ...... [Maximum Allowable Emission 

Rates From Sources Governed 

by 45 CFR Series 7].

8/31/00 6/03/03, 68 FR 

33010.

(c)(55). 

* * * * * * * 

[45 CSR] Series 21 Regulation To Prevent And Control Air Pollution From The Emission Of Volatile Organic Compounds 

*******

Section 45–21–36 ......................... Perchlorethylene Dry Cleaning ..... 7/7/93 2/1/95 60 FR 

6022.

(c)(33). 


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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81477 

EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 45 CSR ] Title/subject State effective date 

EPA approval 

date 

Additional explanation/ 

citation at 40 CFR 52.2565 

*******

[45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine Particulate Matter and Nitrogen Oxides 

*******

Section 45–39–15 ......................... Delegation by CAIR Designated 

Representative and Alternate 

CAIR Designated Representative.

5/1/08 8/4/09, 74 FR 

38536.

* * * * * * * 

[45 CSR] Series 41 Control of Annual Sulfur Dioxides Emissions 

*******

* * * * * (e) EPA-approved nonregulatory and 

quasi-regulatory material. 

Name of non-regulatory SIP revision Applicable geographic 

area 

State submittal 

date EPA approval date Additional explanation 

*******

State of West Virginia Transportation 

Conformity Requirements.

Entire State ............... 04/12/07 5/2/08, 73 FR 

24175.

Memoranda of Understanding between 

EPA, FHWA, FTA, State of West 

Virginia, and six Metropolitan Planning Organizations. 

[FR Doc. 2010–32452 Filed 12–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0073; FRL–9243–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Amendments to Ambient Air Quality 

Standards for Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Virginia. This revision consists of 

amendments to the Commonwealth of 

Virginia’s ambient air quality standards 

for particulate matter (PM). This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on January 27, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0073. All 

documents in the docket are listed in 

the http://www.regulations.gov website. 

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 

http://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 Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia, 23219. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 17, 2008 (73 FR 67825), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. The NPR 

proposed approval of amendments to 

the Commonwealth’s existing ambient 

air quality standards for particulate 

matter in 9VAC5 Chapter 30. The formal 

SIP revision was submitted by the 

Commonwealth of Virginia on January 

7, 2008. EPA received no comments on 

the proposal to approve Virginia’s SIP 

revision. However, regulation 9VAC5– 

30–65E included an incorrect reference 

of the Federal Register document for the 

annual and 24-hour PM2.5 NAAQS that 

were established by the EPA on July 18, 

1997 as 62 FR 28856 instead of 62 FR 

38652. On September 29, 2010, EPA 

received a correction to the regulation 

(9VAC5 Chapter 30) that contains the 

ambient air quality standards set out in 

40 CFR 50. The SIP revision made the 

necessary correction to reference the 

Federal Register document 

appropriately. 

II. Summary of SIP Revision 

The Commonwealth’s SIP revision to 

the Virginia Regulations for the Control 


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