60626 Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Rules and Regulations 

PART 543—MINIMUM INTERNAL 

CONTROL STANDARDS FOR CLASS II 

GAMING 

■ 1. The authority citation for part 543 

continues to read as follows: 

Authority: 25 U.S.C. 2701 et seq. 

§ 543.3 [Amended] 

■ 2. Section 543.3(c)(3) is suspended 

until 11:59 p.m., October 21, 2012. 

Dated: September 28, 2012. 

Tracie L. Stevens, 

Chairwoman. 

Steffani A. Cochran, 

Vice-Chairwoman. 

Daniel Little, 

Associate Commissioner. 

[FR Doc. 2012–24462 Filed 10–3–12; 8:45 am] 

BILLING CODE 7565–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0151; FRL–9735–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

The 2002 Base Year Emissions 

Inventory for the Washington DC-MDVA 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 

Virginia State Implementation Plan 

(SIP) revision submitted by the 

Commonwealth of Virginia, through the 

Virginia Department of Environmental 

Quality (VDEQ), on April 4, 2008. The 

emissions inventory is part of the April 

4, 2008 SIP revision that was submitted 

to meet nonattainment requirements 

related to Virginia’s portion of the 

Washington DC-MD-VA nonattainment 

area (hereafter referred to as Virginia 

Area or Area) for the 1997 PM2.5

National Ambient Air Quality Standard 

(NAAQS) SIP. 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 

November 5, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0151. 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 Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On July 31, 2012 (77 FR 45304), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. The NPR 

proposed approval of the 2002 base year 

emissions inventory portion of the 

Virginia SIP revision. The formal SIP 

revision was submitted by the 

Commonwealth of Virginia on April 4, 

2008. 

II. Summary of SIP Revision 

The 2002 base year emissions 

inventory submitted by VDEQ on April 

4, 2008 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 

VDEQ. The year 2002 was selected by 

VDEQ 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 can be found in Appendix B 

of the April 4, 2008 SIP submittal and 

in the NPR. 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 as a revision 

to the 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 RULES
Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Rules and Regulations 60627 

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 December 3, 2012. 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 portion of the 

Virginia SIP 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: September 13, 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 VV—Virginia 

■ 2. In § 52.2420, 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: 

§ 52.2420 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.

Virginia portion of the Washington 

DC-MD-VA 1997 PM2.5 nonattainment area.

4/4/08 10/4/12 [Insert page number where 

the document begins].

§ 52.2425(f) 

■ 3. In § 52.2425, paragraph (f) is added 

to read as follows: 

§ 52.2425 Base Year Emissions Inventory. 

* * * * * 

(f) EPA approves as a revision to the 

Virginia State Implementation Plan the 

2002 base year emissions inventory for 

the Virginia portion of the Washington 

DC–MD–VA 1997 fine particulate matter 

(PM2.5) nonattainment area submitted by 

the Virginia Department of 

Environmental Quality on April 4, 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. 2012–24382 Filed 10–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2010–0912; FRL–9722–2] 

Approval and Promulgation of State 

Implementation Plans: Oregon 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Oregon (the 

State). The submission addresses 

transportation conformity requirements. 

EPA is approving the submission in 

accordance with the requirements of the 

Clean Air Act (the Act). 

DATES: This action is effective on 

November 5, 2012. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number: EPA–R10–OAR

2010–0912. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information 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 in www.regulations.gov or 

in hard copy during normal business 

hours at EPA Region 10, Office of Air, 

Waste, and Toxics (AWT–107), 1200 

Sixth Avenue, Seattle, Washington 

98101. The EPA requests that you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Region 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: John 

Chi at telephone number: (206) 553– 

1230, or Claudia Vergnani Vaupel at 

telephone number: (206) 553–6121, 

email address: vaupel.claudia@epa.gov, 

fax number: (206) 553–0110, or the 

above EPA, Region 10 address. 


emcdonald on DSK67QTVN1PROD with RULES