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Citation: 71 Fed. Reg. 40023 2006 

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Federal Register/Vol. 71, No. 135/Friday, July 14, 2006/Rules and Regulations

RHODE ISLAND NON REGULATORY-Continued

Name of non regulatory Applicable geographic or State submittal date/effec- EPA approved date Explanations SIP provision nonattainment area tive date

September 20, 2001 letter Statewide ............................ Submitted 09/20/01 .......... 06/20/03, 68 FR 36921 ...... Submitting the "NOx

from Rhode Island De- State Implementation

partment of Environ- Plan (SIP) Call Narmental Management. rative," revised September 2001.

NOx State Implementation Statewide ............................ Submitted 09/20/01 .......... 06/20/03, 68 FR 36921.

Plan (SIP) Call Narrative, revised September 2001.

[FR Doc. E6-11108 Filed 7-13-06; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2005--0480; FRL-8197-1]

Approval and Promulgation of Air

Quality Implementation Plans; West

Virginia; Redesignation of the City of

Weirton PM-10 Nonattainment Area to

Attainment and Approval of the

Maintenance Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a

redesignation request and a State

Implementation Plan (SIP) revision

submitted by the State of West Virginia.

This revision requests that EPA

redesignate the Weirton nonattainment

area (Weirton Area) to attainment for the

national ambient air quality standards

(NAAQS) for particulate matter with an

aerodynamic diameter less than or equal

to a nominal 10 micrometers (PM-10),

and concurrently requests approval of a

limited maintenance plan (LMP) as a

revision to the West Virginia State

Implementation (SIP). In this action,

EPA is approving the State's request to

redesignate the area from nonattainment

to attainment, as well as approving the

LMP for the Weirton Area.

DATES: Effective Date: This final rule is

effective on August 14, 2006.

ADDRESSES: EPA has established a

docket for this action under Docket ID

Number EPA-R03-OAR-2005-0480. All

documents in the docket are listed in

the www.regulations.gov Web site.

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, WV 25304.

FOR FURTHER INFORMATION CONTACT:

Linda Miller, (215) 814-2068, or by email at miller.linda@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On May 11, 2006 (71 FR 27440), EPA

published a notice of proposed

rulemaking (NPR) for the State of West

Virginia. The NPR proposed approval of

the LMP for the Weirton Area in West

Virginia and the State's request to

redesignate the area from nonattainment

to attainment. EPA also proposed to

determine that, because the Weirton

Area has continued to attain the PM-10

NAAQS, certain attainment

demonstration requirements, along with

other related requirements of the CAA,

are not applicable to the Weirton Area.

West Virginia submitted a request to

redesignate the Weirton Area to

attainment for PM-10 and a SIP

submittal for the related maintenance

plan on May 24, 2004.

II. Summary of SIP Revision

On May 16, 2001 (66 FR 27034), EPA

promulgated a final rule entitled,

"Determination of Attainment of the

NAAQS for PM-10 in the Weirton, West

Virginia Nonattainment Area" finding

that the Weirton PM-Ia nonattainment

had attained the NAAQS for PM-10 by

its applicable December 31, 2000

attainment date. In order to be

redesignated from nonattainment to

attainment, West Virginia requested, in

a letter dated October 14, 2003, that EPA

apply its clean data policy to the

Weirton Area. The redesignation

request, dated May 24, 2004, included

the associated SIP submittal of the

maintenance plan for the Weirton area.

Other specific requirements of the

request for redesignation and the

associated rationale and the rationale for

EPA's proposed action are explained in

the NPR and will not be restated here.

EPA received one comment in support

of the proposed approval.

III. Final Action

EPA is approving the PM-10

redesignation request for the Weirton

Area, and also approving the associated

limited maintenance plan as a revision

to the West Virginia SIP.

IV. Statutory and Executive Order

Reviews

A. General Requirements

Under Executive Order 12866 (58 FR

51735, October 4,1993), this action is

not a "significant regulatory action" and

therefore is not subject to review by the

Office of Management and Budget. For

this reason; this action is also not

subject to Executive Order 13211,

"Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use" (66 FR 28355, May

22, 2001). This action merely approves

state law as meeting Federal

requirements and imposes no additional

requirements beyond those imposed by

state law. Accordingly, the

Administrator certifies that this rule

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Because this

rule approves pre-existing requirements

under state law and does not impose

any additional enforceable duty beyond

that required by state law, it 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). This rule also does not

have tribal implications because it will

not have a substantial direct effect on

one or more Indian tribes, on the

relationship between the Federal

Government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

Government and Indian tribes, as

specified by Executive Order 13175 (65

4.0023

HeinOnline -- 71 Fed. Reg. 40023 2006
Federal Register/Vol. 71, No. 135/Friday, July 14, 2006/Rules and Regulations

FR 67249, November 9, 2000). This

action also does not have Federalism

implications because it does not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999). This action merely

approves a state rule implementing a

Federal requirement, and does not alter

the relationship or the distribution of

power and responsibilities established

in the Clean Air Act. This rule also is

not subject to Executive Order 13045

"Protection of Children from

Environmental Health Risks and Safety

Risks" (62 FR 19885, April 23, 1997),

because it is not economically

significant.

In reviewing SIP submissions, EPA's

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it revie'vs a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. This rule does

not impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

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

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 thie 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

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial, review of

this action to approve the redesignation

request for the Weirton nonattainment

area and approve the associated

maintenance plan as a revision to the

SIP must be filed in the United States

Court of Appeals for the appropriate

circuit by September 12, 2006. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule 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 may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Reporting and Recordkeeping

requirements, Particulate matter.

40 CFR Part 81

Air Pollution Control, National parks,

Wilderness areas.

Dated: July 6, 2006.

William T. Wisniewski,

Acting Regional Administrator, Region III.-

. 40 CFA Parts 52 and 81 are amended

as follows:

PART 52-[AMENDED]

1. The authority citation for.40 CFR

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 an entry for

the City of Weirton PM-10 Maintenance

Plan at the end of the table to read as

follows:

§52.2520 Identification of plan.

(e) * * *

State sub- EPA Name of non-regulatory SIP Applicable geographic area mittal approval Additional explanation revision date date

City of Weirton PM-10 Mainte- Hancock and Brooke Counties 4/24/04 7/14/06 [Insert page number Limited maintenance plan.

nance Plan. (part)-the City of Weirton. where the document begins].

PART 81-[AMENDED] Authority: 42 U.S.C. 7401 et seq. § 81.349 West Virginia.

Subpart C -Section 107 Attainm S 2. In § 81.349, the table for "West ent ig n a P - 0 is me d d b Status Designations Virginia-PM-10" is amended by revising the entry for Hancock and

m 1. The authority citation for Part 81 Brooke Counties (part): The City of

continues to read as follows: Weirton to read as follows:

WEST VIRGINIA-PM-10

Designation Classification

Designated Area Date Type Date Type

Hancock and Brooke Counties (part): The City of Weirton ......................... 910 tn t

40024

S9/12/06 Attainment.

HeinOnline -- 71 Fed. Reg. 40024 2006
Federal Register/Vol. 71, No. 135/Friday, July 14, 2006/Rules and Regulations

WEST VIRGINIA-PIM-i 0-Continued

Designation Classification

DsgaeAraDate Type Date Type

[FR Doc. E6-11107 Filed 7-13-06; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management

Agenby

44 CFR Part 206

[Docket ID FEMA-2006--0028]

RIN 1660-AA45

Public Assistance Eligibility

AGENCY: Federal Emergency

Management Agency (FEMA),

Department of Homeland Security

(DHS).

ACTION: Interim rule with request for

comments..

SUMMARY: This interim rule will allow

FEMA to reimburse State, Tribal and

local governments within an area

designated under a Presidential

emergency or major disaster declaration

for sheltering and evacuation costs

incurred outside of the designated area.

Under this rule, FEMA may also directly

provide sheltering and evacuation

assistance outside of the designated

area.

DATES: Effective: This rule is effective

July 14, 2006. Comments: Comments

due on or before September 12, 2006.

ADDRESSES: You may submit comments,

identified by Docket ID FEMA-2006-

0028, by one of the following methods:

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the

instructions for submitting comments.

E-mail: FEMA-BULES@dhs.gov.

Include Docket ID FEMA-2006-0028 in

the subject line of the message.

Fax: 202-646-4536

Mail/Hand Delivery/Courier: Rules

Docket Clerk, Office of General Counsel,

Federal Emergency Management'

Agency, Room 835, 500 C Street, SW.,

Washington, DC 20472.

Instructions: All Submissions

received must include the agency name

and Docket ID (if available) for this

interim final rule. All comments

received will be posted without change

to http://www.regulations.gov, including

any personal information provided. For

detailed instructions on submitting

comments, see the "Public

Participation" heading of the

SUPPLEMENTARY INFORMATION section of

this document.

Docket: For access to the docket to

read background documents or

comments received, go to the Federal

eRulemaking Portal at http://

www.regulations.gov. Submitted

comments may also be inspected at

FEMA, Office of General Counsel, 500 C

Street, SW., Room 835, Washington, DC

20472.

FOR FURTHER INFORMATION CONTACT:

James A. Walke, FEMA, 500 C Street,

SW., Washington, DC 20472, or call

(202) 646-2751, or e-mail

james.walke@dhs.gov.

SUPPLEMENTARY INFORMATION:

Public Participation

Interested persons are invited to

participate in this rulemaking by

submitting written data, views, or

arguments on all aspects of the interim

rule. FEMA also invites comments that

relate to the economic, environmental,

or federalism affects that might result

from this interim rule. Comments that

will provide the most assistance to

FEMA in developing these procedures

will reference a specific portion of the

interim rule, explain the reason for any

recommended change, and include data,

information, or authority that support

such recommended change.

Instructions: All submissions received

must include the agency name and

Docket ID for this rulemaking. All

comments received will be posted

without change to http://

www.regulations.gov, including any

personal information provided.

Docket: For access to the docket to

read background documents or

comments received, go to http://

www.regulations.gov. Submitted

comments may also be inspected at

Office of General Counsel, Federal

Emergency Management Agency, 500 C

Street, SW., Room 835, Washington, DC

20472.

Background

In response to Hurricanes Katrina and

Rita in 2005, pre- and post-storm

evacuations created a significant need

for evacuation and sheltering outside of

the counties and States that were

initially designated eligible for

assistance under the emergency and

major disaster declarations. State and

local governmental entities outside of

the designated areas provided

transportation and shelter for evacuees

and, as a result, incurred significant

costs. However, FEMA's existing

regulation required that the eligible

work be performed within the

,designated disaster (or emergency) area.

44 CFR 206.223(a)(2). Therefore, in

order for the non-designated State and

local governments to recoup their

eligible costs, the States were required

to request and obtain approval for a

separate emergency declaration.

Otherwise, there was no mechanism

whereby FEMA could provide

assistance to those entities that provided

evacuation and sheltering services

outside the designated areas.

Discussion of Interim Rule

This interim rule implements a

change to 44 CFR 206.223(a)(2). This

rule will allow FEMA to reimburse for

sheltering and evacuation costs incurred

outside of the area designated under a

Presidentia emergency or major disaster

declaration, if the costs are otherwise

eligible for Public Assistance funding.

Under this rule, an eligible applicant (as

defined in 44 CFR 206.222) within the

designated disaster area may request an

entity outside of the designated area to

provide evacuation and sheltering

services for its citizens. In such

circumstances, the entity that provides

the evacuation or sheltering services

may seek reimbursement under a

mutual aid or similar agreement 1 from

the eligible applicant within the

designated area that requested the

services. The eligible applicant will

reimburse the providing entity and

FEMA will then reimburse the eligible

applicant. Alternatively, FEMA may

request an entity outside of the

designated area to provide evacuation

and sheltering services for the affected

' I Mutual aid agreements where one State or local

government reimburses another State or local

government for services provided take many forms,'

including the Emergency Management Assistance

Compact, Public Law 104-321.

40025

HeinOnline -- 71 Fed. Reg. 40025 2006