Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76415 

(ii) Is not an organization engaged in 

religious activities, unless the qualifying 

activities are unrelated to religious 

instruction, worship services, or any 

form of proselytizing; 

* * * * * 

[FR Doc. 2012–31230 Filed 12–27–12; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0174; FRL–9764–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Redesignation of the West 

Virginia Portion of the HuntingtonAshland, WV-KY-OH 1997 Annual Fine 

Particulate Matter Nonattainment Area 

to Attainment and Approval of the 

Associated Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a 

redesignation request and State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

The West Virginia Department of 

Environmental Protection (WVDEP) 

requested that the West Virginia portion 

of the Huntington-Ashland, WV-KY-OH 

fine particulate matter (PM2.5) 

nonattainment area (‘‘HuntingtonAshland Area’’ or ‘‘Area’’) be 

redesignated as attainment for the 1997 

annual PM2.5 national ambient air 

quality standard (NAAQS). In this 

rulemaking action, EPA is approving the 

1997 annual PM2.5 redesignation request 

for the West Virginia portion of the 

Area. EPA is also approving the 

maintenance plan SIP revision that the 

State submitted in conjunction with its 

redesignation request. The maintenance 

plan provides for continued attainment 

of the 1997 annual PM2.5 NAAQS for 10 

years after redesignation of the West 

Virginia portion of the Area. The 

maintenance plan includes an 

insignificance determination for the 

onroad motor vehicle contribution of 

PM2.5, nitrogen oxides (NOX), and sulfur 

dioxide (SO2) for the West Virginia 

portion of the Area for purposes of 

transportation conformity. EPA is 

approving West Virginia’s insignificance 

determination for transportation 

conformity. EPA is also finding that the 

Area continues to attain the standard. 

This rulemaking action approving the 

1997 annual PM2.5 NAAQS 

redesignation request, maintenance 

plan, and insignificance determination 

for transportation conformity for the 

West Virginia portion of the Area is 

based on EPA’s determination that the 

Area has met the criteria for 

redesignation to attainment specified in 

the Clean Air Act (CAA). 

DATES: This final rule is effective on 

December 28, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0174. 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: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Huntington-Ashland Area is 

composed of Cabell and Wayne 

Counties and the Graham Tax District in 

Mason County in West Virginia (West 

Virginia portion of the Area); Boyd 

County and a portion of Lawrence 

County in Kentucky; and Lawrence and 

Scioto Counties and portions of Adams 

and Gallia Counties in Ohio. On 

November 15, 2012 (77 FR 68076), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. Pursuant to sections 107(d)(3) 

and 175A of the CAA, the NPR 

proposed approval of West Virginia’s 

redesignation request, a SIP revision 

that establishes a maintenance plan for 

the West Virginia portion of the Area 

that provides for continued attainment 

of the 1997 annual PM2.5 NAAQS for at 

least 10 years after redesignation, and 

the insignificance determination for 

transportation conformity for the West 

Virginia portion of the Area. The formal 

SIP revision was submitted by WVDEP 

on June 30, 2011. In a separate action, 

EPA approved the base year emissions 

inventory on December 11, 2012 (77 FR 

73544) meeting the requirements of 

section 172(c)(3) of the CAA. Other 

specific details of West Virginia’s 

redesignation request, the associated 

maintenance plan SIP revision and 

insignificance determination, and the 

rationales for EPA’s proposed actions 

are explained in the NPR and will not 

be restated here. No public comments 

were received on the NPR. 

II. Final Action 

EPA is approving the redesignation 

request, maintenance plan, and 

insignificance determination for 

transportation conformity for the West 

Virginia portion of the Area that was 

submitted by WVDEP on June 30, 2011 

because the requirements for approval 

have been satisfied. EPA has evaluated 

West Virginia’s redesignation request, 

and determined that it meets the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA. Approval of 

this redesignation request will change 

the legal designation of the West 

Virginia portion of the Area from 

nonattainment to attainment for the 

1997 annual PM2.5 NAAQS. EPA is 

approving the associated maintenance 

plan for the West Virginia portion of the 

Area, submitted on June 30, 2011, as a 

revision to the West Virginia SIP 

because it meets the requirements of 

section 175A of the CAA. EPA is also 

approving the transportation conformity 

insignificance determination submitted 

by West Virginia for this Area in 

conjunction with its redesignation 

request. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. A delayed effective 

date is unnecessary due to the nature of 

a redesignation to attainment, which 

eliminates CAA obligations that would 

otherwise apply. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction,’’ and section 553(d)(3), 

which allows an effective date less than 

30 days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ 

The purpose of the 30-day waiting 

period prescribed in section 553(d) is to 

give affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Today’s rule, 

however, does not create any new 

regulatory requirements such that 


srobinson on DSK4SPTVN1PROD with 
76416 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, today’s rule relieves West 

Virginia of the obligation to comply 

with nonattainment-related planning 

requirements for this PM2.5 Area 

pursuant to Part D of the CAA. For these 

reasons, EPA finds good cause under 5 

U.S.C. 553(d) for this action to become 

effective on the date of publication of 

this notice. 

III. 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 February 26, 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 

approving the redesignation request, 

maintenance plan, and transportation 

conformity insignificance determination 

for the West Virginia portion of the Area 

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, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 18, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR parts 52 and 81 are 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 

(e) is amended by adding an entry for 

the 1997 annual PM2.5 Maintenance 

Plan, West Virginia portion of the 

Huntington-Ashland, WV-KY-OH Area 

at the end of the table to read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision Applicable geographic 

area 

State submittal date EPA approval date Additional 

explanation 

* * * * * * * 

1997 annual PM2.5 Maintenance Plan for Huntington-Ashland WV-KY-OH Area.Cabell and Wayne Counties, and the Graham 

Tax District in Mason 

County.

6/30/11 12/28/12 [Insert page 

number where the document begins].


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76417 

PART 81—[AMENDED] 

■ 1. The authority citation for Part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 81.349 is amended by 

revising the PM2.5 (Annual NAAQS) 

table entry for the Huntington-Ashland, 

WV-KY-OH Area to read as follows: 

§ 81.349 West Virginia 

* * * * * 

WEST VIRGINIA—PM2.5 (ANNUAL NAAQS) 

Designated area 

Designation a

Date 1 Type 

* * * * * * * 

Huntington-Ashland, WV-KY-OH 

Cabell County ....................................................................................................................................................... 12/28/12 Attainment. 

Mason County (part) ............................................................................................................................................. 12/28/12 Attainment. 

Graham Tax District.

Wayne County ...................................................................................................................................................... 12/28/12 Attainment. 

* * * * * * * 

a Includes Indian County located in each county or area, except otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

[FR Doc. 2012–31064 Filed 12–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0685; FRL–9726–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Idaho; 

Update to Materials Incorporated by 

Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

submitted by Idaho that are 

incorporated by reference (IBR) into the 

Idaho State Implementation Plan (SIP). 

The regulations affected by this update 

have been previously submitted by the 

Idaho Department of Environmental 

Quality (IDEQ) 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 EPA Regional 

Office. 

DATES: Effective Date: This action is 

effective December 28, 2012. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: EPA Region 10, 

Office of Air, Waste, and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle, Washington 98101; the Air and 

Radiation Docket and Information 

Center, U.S. Environmental Protection 

Agency, 1301 Constitution Avenue NW., 

Room Number 3334, EPA West 

Building, Washington, DC 20460; or 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. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen, EPA Region 10, Office of 

Air, Waste, and Toxics (AWT–107), 

1200 Sixth Avenue, Seattle, Washington 

98101, or at (206) 553–6706. 

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 as being 

part of the SIP. On May 22, 1997 (62 FR 

27968), EPA revised the procedures for 

incorporating by reference Federallyapproved 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 January 25, 2005, EPA published a 

document in the Federal Register 

beginning the new IBR procedure for 

Idaho. 70 FR 9450. Since the 

publication of the January 25, 2005, 

Federal Register document, EPA has 

approved regulatory changes to the 

Idaho Administrative Procedures Act 

(IDAPA) 58.01.01. These approved 

changes are identified in the following 

Federal Register notices: 70 FR 

58311(October 6, 2005), 71 FR 39574 

(July 13, 2006), 73 FR 44915 (August 1, 

2008), 75 FR 72705 (November 26, 

2010), 75 FR 72719 (November 26, 

2010), 76 FR 33651 (June 9, 2011), 76 FR 

36329 (June 22, 2011), and 77 FR 41916 

(July 17, 2012). 

II. EPA Action 

In this action, EPA is doing the 

following: 

A. In paragraph 52.670(b), 

announcing the update to the IBR 

material as of August 16, 2012. 

B. In paragraph 52.670(c): 

1. Removing the section heading 

‘‘EPA–APPROVED IDAHO 

REGULATIONS’’ and adding in its place 

‘‘EPA–APPROVED IDAHO 

REGULATIONS AND STATUTES’’; 

2. Correcting the entry for IDAPA 

58.01.01.470 by removing ‘‘Permit 

Application Fees for Tier II Permits’’ 

and replacing it with ‘‘Reserved’’ 

consistent with our proposed action on 

March 18, 2010 (75 FR 13058) and our 

final action on November 26, 2010 (75 

FR 72719); and 

3. Removing the entries for IDAPA 

58.01.01.726 through 729, consistent 

with our proposed action on March 18, 

2010 (75 FR 13058) and our final action 

on November 26, 2010 (75 FR 72719). 

C. In paragraph 52.683, revising the 

language to reflect the approvals made 

on July 17, 2012 (77 FR 41916), that 

were erroneously not reflected in 

paragraph 52.683. 

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) 


srobinson on DSK4SPTVN1PROD with