Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Rules and Regulations 22423 

Approved: April 4, 2013. 

A.B. Fischer, 

Captain, JAGC, U.S. Navy, Deputy Assistant 

Judge Advocate, General (Admiralty and 

Maritime Law). 

Dated: April 8, 2013. 

C.K. Chiappetta, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy,Federal Register 

Liaison Officer. 

[FR Doc. 2013–08914 Filed 4–15–13; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0236] 

Drawbridge Operation Regulations; 

Taunton River, Fall River and 

Somerset, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulation. 

SUMMARY: The Coast Guard is issuing a 

temporary deviation from the regulation 

governing the operation of the 

Brightman Street Bridge across the 

Taunton River, mile 1.8, between Fall 

River and Somerset, Massachusetts. The 

deviation is necessary to facilitate 

power equipment upgrades. During this 

temporary deviation, the bridge may 

remain in the closed position for five 

hours. 

DATES: This deviation is effective from 

4:30 p.m. until 9:30 p.m. on April 16, 

2013. 

ADDRESSES: The docket for this 

deviation, [USCG–2013–0236] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140, on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. John 

McDonald, Project Officer, First Coast 

Guard District, 

john.w.mcdonald@uscg.mil, or (617) 

223–8364. If you have questions on 

viewing the docket, call Barbara 

Hairston, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

Brightman Street Bridge has a vertical 

clearance of 27 feet at mean high water 

and 31 feet at mean low water in the 

closed position. Currently, in 

accordance with 33 CFR 117.619, the 

draw opens on signal between 5 a.m. 

and 9 p.m. From 9 p.m. until 5 a.m. the 

draw opens on signal with at least one 

hour advance notice. 

The bridge owner, Massachusetts 

Department of Transportation, requested 

a five hour closure to facilitate electrical 

upgrades by the local power company, 

National Grid. 

Under this temporary deviation the 

Brightman Street Bridge may remain in 

the closed position from 4:30 p.m. until 

9:30 p.m. on April 16, 2013. 

The Taunton River is a recreational 

waterway. The bridge rarely opens 

during the time period this temporary 

deviation will be in effect. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated repair period. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: April 4, 2013. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2013–08843 Filed 4–15–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0369; FRL–9803–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; The 2002 Base Year 

Emissions Inventory for the West 

Virginia Portion of the SteubenvilleWeirton, OH-WV 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 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 June 24, 2009 

for the Steubenville-Weirton, OH–WV 

nonattainment area (the SteubenvilleWeirton Area) for the 1997 annual fine 

particulate matter (PM2.5) National 

Ambient Air Quality Standard 

(NAAQS). The emissions inventory is 

part of a SIP revision that was submitted 

to meet West Virginia’s nonattainment 

requirements related to the 

Steubenville-Weirton Area. 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 

May 16, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0369. 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: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

supplementary information section is 

arranged as follows: 

I. Background 

II. Summary of SIP Revision 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On December 26, 2012 (77 FR 75933), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. The NPR proposed approval of 

the PM2.5 2002 base year emissions 

inventory for the West Virginia portion 

of the Steubenville-Weirton Area. The 

formal SIP revision was submitted by 

the State of West Virginia on June 24, 

2009. 

II. Summary of SIP Revision 

The PM2.5 2002 base year emission 

inventory submitted by WVDEP on June 


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22424 Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Rules and Regulations 

24, 2009 for the West Virginia portion 

of the Steubenville-Weirton Area 

includes emissions estimates that cover 

the general source categories of point 

sources, area sources, on-road mobile 

sources, and non-road mobile sources. 

The pollutants that comprise the 

inventory are PM2.5, coarse particles 

(PM10), nitrogen oxides (NOX), volatile 

organic compounds (VOC), ammonia 

(NH3), and sulfur dioxide (SO2). The 

year 2002 was selected by WVDEP as 

the base year for the emissions 

inventory per 40 CFR 51.1008(b). 

EPA reviewed the results, procedures 

and methodologies for the base year 

emissions inventory submitted by 

WVDEP. EPA found that the process 

used to develop this emissions 

inventory for the West Virginia portion 

of the Steubenville-Weirton Area is 

adequate and meets the requirements of 

CAA section 172(c)(3), the 

implementing regulations, and EPA 

guidance for emission inventories. 

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–2012–0369. 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 West 

Virginia portion of the SteubenvilleWeirton 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 June 17, 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 West 

Virginia portion of the SteubenvilleWeirton 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: April 3, 2013. 

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) * * * 


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Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Rules and Regulations 22425 

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 SteubenvilleWeirton, OH–WV 1997 PM2.5 nonattainment area.6/24/09 4/16/13 [Insert page 

number where the 

document begins].

52.2531(e). 

■ 3. Section 52.2531 is amended by 

adding paragraph (e) to read as follows: 

§ 52.2531 Base year emissions inventory. 

* * * * * 

(e) EPA approves as a revision to the 

West Virginia State Implementation 

Plan the 2002 base year emissions 

inventory for the West Virginia portion 

of the Steubenville-Weirton, OH-WV 

fine particulate matter (PM2.5) 

nonattainment area submitted by the 

West Virginia Department of 

Environmental Protection on June 24, 

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. 2013–08835 Filed 4–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2013–0104; FRL–9802–6] 

Designation of Areas for Air Quality 

Planning Purposes; State of Nevada; 

Total Suspended Particulate 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to delete certain area 

designations for total suspended 

particulate within the State of Nevada 

because the designations are no longer 

necessary. These designations relate to 

the attainment or unclassifiable areas for 

total suspended particulate in Clark 

County as well as the following 

nonattainment areas for total suspended 

particulate elsewhere within the State of 

Nevada: Carson Desert, Winnemucca 

Segment, Lower Reese Valley, Fernley 

Area, Mason Valley, and Clovers Area. 

EPA is taking this action under the 

Clean Air Act. 

DATES: This rule is effective on June 17, 

2013, unless EPA receives adverse 

comment by May 16, 2013. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0104, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov: Follow the on-line 

instructions for submitting comments. 

2. Email: oconnor.karina@epa.gov. 

3. Mail or deliver: Karina O’Connor 

(AIR–2), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., 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 

below. 

FOR FURTHER INFORMATION CONTACT: 

Karina O’Connor, EPA Region IX, (775) 

434–8176, oconnor.karina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Statutory and Regulatory Background 

II. EPA’s Evaluation of the Effect of Deleting 

Certain TSP Area Designations 

A. General Considerations 

B. Deletion of TSP Attainment or 

Unclassifiable Area Designations in 

Clark County 

C. Deletion of TSP Nonattainment Area 

Designations for Carson Desert, 

Winnemucca Segment, Lower Reese 

Valley, Fernley Area, Mason Valley, and 

Clovers Area 

III. Final Action and Request for Comment 

IV. Statutory and Executive Order Reviews 

I. Statutory and Regulatory Background 

On April 30, 1971 (36 FR 8186), 

pursuant to section 109 of the Clean Air 

Act (‘‘Act’’ or CAA), as amended in 

1970, EPA promulgated the original 

National Ambient Air Quality Standards 

(NAAQS) for the ‘‘criteria’’ pollutants, 

which included carbon monoxide, 

hydrocarbons, nitrogen dioxide, 

photochemical oxidant, sulfur dioxide, 

and particulate matter. The original 

NAAQS for particulate matter was 

defined in terms of a reference method 

that called for measuring particulate 

matter up to a nominal size of 25 to 45 

micrometers or microns. This fraction of 

total ambient particulate matter is 

referred to as ‘‘total suspended 

particulate’’ or TSP. Within nine 

months thereafter, each State was 

required under section 110 of the 1970 

amended Act to adopt and submit to 

EPA a plan, referred to as a State 

Implementation Plan (SIP), which 

provides for the implementation, 

maintenance, and enforcement of the 

NAAQS within each State. The State of 

Nevada submitted its SIP on January 28, 


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