30832 Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations 

(4) S.R. 74 Bridge, mile 283.1, at 

Wrightsville Beach, NC, between 7 a.m. 

and 7 p.m., the draw need only open on 

the hour; except that from 7 a.m. to 11 

a.m. on the third and fourth Saturday in 

September of every year and between 7 

a.m. and 10:30 a.m. on the last Saturday 

of October each year or the first or 

second Saturday of November of every 

year the draw need not open for vessels 

due to annual triathlon events. 

* * * * * 

■ 3. Revise § 117.823 to read as follows: 

§ 117.823 Cape Fear River. 

The draw of the Cape Fear Memorial 

Bridge, mile 26.8, at Wilmington need 

not open for the passage of vessels from 

8 a.m. to 10 a.m. on the second Saturday 

of July of every year, and from 7 a.m. to 

11 a.m. on the first or second Sunday of 

November of every year to accommodate 

annual marathon races. 

■ 4. Revise § 117.829(a)(4) to read as 

follows: 

§ 117.829 Northeast Cape Fear River. 

(a) * * * 

(4) From 8 a.m. to 10 a.m. on the 

second Saturday of July of every year, 

from 12 p.m. to 11:59 p.m. on the last 

Saturday of October or the first or 

second Saturday of November of every 

year, and from 7 a.m. to 11 a.m. on the 

first or second Sunday of November of 

every year, the draw need not open for 

vessels to accommodate annual 

marathon and triathlon races. 

* * * * * 

Dated: May 16, 2011. 

William D. Lee, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2011–13169 Filed 5–26–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0876; FRL–9311–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Permits for Construction and 

Major Modification of Major Stationary 

Sources of Air Pollution for the 

Prevention of Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

The intended effect of this action is to 

approve the inclusion of nitrogen oxides 

(NOx) as a precursor to ozone in the 

State of West Virginia for permits for 

construction and major modification of 

major stationary sources of air pollution 

for the prevention of significant 

deterioration (PSD) areas in West 

Virginia. This action will also add the 

Federally equivalent provisions to the 

rules for the PSD program as they 

pertain to ‘‘reasonable possibility’’ and 

delete certain references to pollution 

control projects (PCPs) and clean units 

(CUs) to make the West Virginia PSD 

program consistent with the Federal 

PSD program. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Effective Date. This final rule is 

effective on June 27, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2009–0876. All 

documents in the docket are listed in 

the 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 

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: 

Sharon McCauley, (215) 814–3376, or by 

e-mail at mccauley.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

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

EPA. On December 17, 2010 (75 FR 

78949), EPA published a notice of 

proposed rulemaking (NPR) for the State 

of West Virginia. The NPR proposed 

approval of the inclusion of NOX as a 

precursor to ozone for permits for 

construction and major modification of 

major stationary sources of air pollution 

for PSD. This action will replace the 

current SIP-approved version of 

45CSR14, entitled, Permits for 

Construction and Major Modification of 

Major Stationary Sources of Air 

Pollution for the Prevention of 

Significant Deterioration. The formal 

SIP revision was submitted by West 

Virginia on July 20, 2009. 

II. Summary of SIP Revision 

This SIP revision consists of replacing 

the current version of 45CSR14 

approved by EPA on December 4, 2006 

(71 FR 64470) with the regulations 

which were made effective as a 

legislative rule in West Virginia on June 

1, 2009 and submitted to EPA on July 

20, 2009. This revision governs the 

permitting for the construction of new 

major stationary sources and the 

significant modification of existing 

major stationary sources of air 

pollutants in areas designated 

attainment or non-classifiable for the 

National Ambient Air Quality Standards 

(NAAQS). 

This approval of West Virginia’s SIP 

submission addresses changes needed to 

ensure consistency with the CAA’s part 

C PSD permit program. This SIP 

submission also corrects deficiencies 

identified by EPA in the March 27, 2008 

Federal Register action entitled, 

‘‘Completeness Findings for Section 

110(a) State implementation Plans for 

the 8-hour Ozone National Ambient Air 

Quality Standards (1997 Ozone 

NAAQS)’’ (73 FR 16205). EPA’s 

approval of this SIP submission 

addresses West Virginia’s compliance 

with the portion of CAA Section 

110(a)(2)(C) & (J) relating to the Part C 

permit program for the 1997 Ozone 

NAAQS, because this action would 

approve regulating NOX as a precursor 

to ozone in West Virginia’s SIP in 

accordance with the Federal Register 

action dated November 29, 2005 (70 FR 

71612) that finalized NOX as a precursor 

for ozone regulations set forth at 40 CFR 

51.166 and in 40 CFR 52.21. 

Additionally, in the course of taking 

action upon the previously approved 

NSR Reform SIP revision dated 

December 4, 2006 (71 FR 64470), West 

Virginia had requested that EPA not act 

upon certain provisions of 

45CSR14.19.8 pertaining to the 

recordkeeping and reporting 

requirements for sources that elect to 

use the actual-to-projected actual 

emission test and where there is a 

‘‘reasonable possibility’’ that a project 

may result in a significant net emissions 

increase. Based upon revisions to 

45CSR14.19.8, EPA is now approving 

45CSR14.19.8 in its entirety into the 

West Virginia SIP with this action as 

regulatory corrections have been made 

to the State’s regulations. 

The references to pollution control 

projects (PCPs) and clean units (CUs) 

were deleted in the West Virginia 


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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations 30833 

regulations in accordance with the 

Federal rulemaking action dated June 

13, 2007 (72 FR 32526). These State 

references to PCPs and CUs are not a 

part of the currently approved SIP and 

are, therefore, just being corrected in 

West Virginia’s regulations; as a result 

of correctly deleting their references, 

West Virginia’s regulations will be 

consistent with the Federally 

enforceable provisions. 

EPA has determined that the current 

amendments to West Virginia’s PSD 

permit program at 45CSR14, as 

submitted on July 20, 2009, meet the 

minimum requirements of 40 CFR 

51.166 and the Clean Air Act. This 

action will approve these revisions to 

the West Virginia SIP. 

III. Final Action 

EPA is approving the West Virginia 

SIP revision submitted on July 20, 2009 

which amends 45CSR14 as a revision to 

the West Virginia SIP. EPA is also 

making a determination that West 

Virginia’s SIP meets the requirements of 

CAA Sections 110(a)(2)(C) and (J) 

relating to the part C permit program for 

the 1997 Ozone NAAQS. EPA had 

solicited public comments on these 

issues discussed in this document in the 

prior proposed Federal Register action 

dated December 17, 2010 (75 FR 78949). 

No adverse comments were received. 

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 

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 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 26, 2011. 

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 to 

include NOX as a precursor to ozone 

and the provisions for ‘‘reasonable 

possibility’’ in West Virginia for permits 

for construction and major modification 

of major stationary sources of air 

pollution for the prevention of 

significant deterioration 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, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 9, 2011. 

W.C. Early, 

Acting Regional Administrator, EPA Region 

III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 

(c) is amended by revising the entries 

for [45 CSR] Series 14 to read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 


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30834 Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and 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 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of 

Significant Deterioration 

Section 45–14–1 ....... General ........................................ 6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–2 ....... Definitions .................................... 6/01/09 5/27/11 [Insert page number 

where the document begins].

This action incorporates all of this 

Section into SIP. 

Section 45–14–3 ....... Applicability .................................. 6/01/09 5/27/11 [Insert page number 

where the document begins].

This action incorporates all of this 

Section into SIP. 

Section 45–14–4 ....... Ambient Air Quality Increments 

and Ceilings.

6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–5 ....... Area Classification ....................... 6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–6 ....... Prohibition of Dispersion Enhancement Techniques.6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–7 ....... Registration, Report and Permit 

Requirements for Major Stationary Sources and Major 

Modifications.

6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–8 ....... Requirements Relating to Control 

Technology.

6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–9 ....... Requirements Relating to the 

Source’s Impact on Air Quality.

6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–10 ..... Modeling Requirements ............... 6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–11 ..... Air Quality Monitoring Requirements.6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–12 ..... Additional Impacts Analysis Requirements.6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–13 ..... Additional Requirements and 

Variances for Source Impacting 

Federal Class 1 Areas.

6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–14 ..... Procedures for Sources Employing Innovative Control Technology.6/01/08 5/27/11 [Insert page number 

where the document begins].

Section 45–14–15 ..... Exclusions From Increment Consumption.6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–16 ..... Specific Exemptions .................... 6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–17 ..... Public Review Procedures .......... 6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–18 ..... Public Meetings ........................... 6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–19 ..... Permit Transfer, Cancellation and 

Responsibility.

6/01/09 5/27/11 [Insert page number 

where the document begins].

This action incorporates all of this 

Section into SIP, amended text 

added for clarification. 

Section 45–14–20 ..... Disposition of Permits .................. 6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–21 ..... Conflict with Other Permitting 

Rules.

6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–25 ..... Actual PALs ................................. 6/01/09 5/27/11 [Insert page number 

where the document begins].

Section 45–14–26 ..... Inconsistency Between Rules ..... 6/01/09 5/27/11 [Insert page number 

where the document begins].

* * * * * * * 


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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations 30835 

* * * * * 

[FR Doc. 2011–13067 Filed 5–26–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2008–0296; FRL–8858–1] 

RIN 2070–AJ41 

Requests for Modification or 

Revocation of Toxic Substances 

Control Act Section 5 Significant New 

Use Notice Requirements; Revision to 

Notification Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule amends 

the procedures for requests for 

modification or revocation of Toxic 

Substances Control Act (TSCA) section 

5 significant new use notification 

(SNUN) requirements by establishing 

electronic submission requirements. 

EPA issued a final rule in the Federal 

Register of January 6, 2010, introducing 

electronic reporting requirements for 

TSCA section 5 submissions and 

supporting documents. However, the 

regulatory text inadvertently did not 

include amendments to the reporting 

requirements for submissions of 

requests for modifications or 

revocations of SNUN requirements. This 

direct final rule includes the 

amendment that was originally intended 

by EPA. 

DATES: This direct final rule is effective 

July 26, 2011 without further notice, 

unless EPA receives adverse comment 

on or before June 27, 2011. If EPA 

receives adverse comments on this 

action, EPA will withdraw the direct 

final rule before its effective date. EPA 

will then issue a proposed rule, 

providing a 30-day period for public 

comment. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2008–0296. All documents in the 

docket are listed in the docket index 

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

Although listed in the index, some 

information is not publicly available, 

e.g., 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Greg 

Schweer, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8469; e-mail address: 

schweer.greg@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

You may be affected by this action if 

you manufacture, import, or process 

chemicals for commercial purposes. 

Potentially affected entities may 

include, but are not limited to: 

• Manufacturers, importers, and 

processors of chemical substances or 

mixtures, e.g., chemical manufacturing 

and processing and petroleum refineries 

(NAICS codes 325 and 324110). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

40 CFR part 721 for TSCA section 5- 

related obligations. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. Background 

A. What action is the agency taking? 

This action amends 40 CFR 

721.185(b)(1), which sets forth 

requirements for requesting 

modification or revocation of SNUN 

requirements. This provision requires 

persons who request modification of 

SNUN requirements for a particular 

chemical substance to send the request 

in writing to EPA. When developing the 

TSCA section 5 electronic reporting 

requirements published in the Federal 

Register issue of January 6, 2010 (75 FR 

773) (FRL–8794–5), EPA had intended 

to include these modification requests. 

In the document proposing electronic 

reporting of TSCA section 5 

submissions published in the Federal 

Register issue of December 22, 2008 (73 

FR 78261) (FRL–8395–8), EPA included 

regulatory text to require electronic 

reporting for modification and 

revocation requests regarding significant 

new use reporting requirements for 

microorganisms under 40 CFR 

725.984(b)(1), containing language 

almost identical to the regulatory 

language included in this direct final 

rule. Discussion in the preamble of the 

final rule regarding types of submissions 

that would continue to be required in 

hard copy did not include modification 

and revocation requests under 

§ 721.185(b)(1). No comments were 

received regarding 40 CFR 

725.984(b)(1), and EPA finalized this 

change. However, the corresponding 

change to the analogous provision in 

§ 721.185(b)(1) was inadvertently 

omitted from both the proposed and 

final rule. This direct final rule includes 

this change. 

B. What is the agency’s authority for 

taking this action? 

Section 5(a)(1)(A) of TSCA requires 

persons to notify EPA at least 90 days 

before manufacturing a new chemical 

substance for commercial purposes 

(under TSCA manufacture includes 

import). Section 3(9) of TSCA defines a 

‘‘new chemical substance’’ as any 

substance that is not on the TSCA 

Inventory of Chemical Substances 

compiled by EPA under section 8(b) of 

TSCA. Section 5(a)(2) of TSCA 

authorizes EPA to determine that a use 

of a chemical substance is a ‘‘significant 

new use.’’ EPA must make this 

determination by rule after considering 

all relevant factors, including those 

listed in TSCA section 5(a)(2). Once 

EPA determines that a use of a chemical 


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