Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 59841 

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 November 29, 

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 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, Intergovernmental relations, 

Carbon monoxide, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

dioxide. 

Dated: September 4, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220, is amended by 

adding paragraphs (c)(428)(i)(B) and 

(c)(429)(i)(B) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(428) * * * 

(i) * * * 

(B) Antelope Valley Air Quality 

Management District. 

(1) Rule 218, ‘‘Continuous Emission 

Monitoring,’’ amended on July 17, 2012. 

(2) Rule 218.1, ‘‘Continuous Emission 

Monitoring Performance 

Specifications,’’ adopted on July 17, 

2012. 

* * * * * 

(429) * * * 

(i) * * * 

(B) Antelope Valley Air Quality 

Management District. 

(1) Rule 431.1, ‘‘Sulfur Content of 

Gaseous Fuels,’’ amended on August 21, 

2012. 

* * * * * 

[FR Doc. 2013–23247 Filed 9–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2012–0368; FRL–9901–41– 

Region3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; West Virginia’s Redesignation 

Request for the Wheeling, WV–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 Wheeling, WV–OH fine 

particulate matter (PM2.5) nonattainment 

area (‘‘Wheeling 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 a 

comprehensive emissions inventory that 

EPA is approving in this rulemaking. 

The maintenance plan also 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 also 

approving West Virginia’s insignificance 

determination for transportation 

conformity. In addition, 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, comprehensive 

emissions inventory, 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 

September 30, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0368. 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 

On March 8, 2012, the State of West 

Virginia, through the West Virginia 

Department of Environmental Protection 

(WVDEP), submitted a request to 

redesignate the West Virginia portion of 

the Wheeling Area nonattainment area 

to attainment for the 1997 annual PM2.5

NAAQS. The Wheeling Area is 

composed of Marshall and Ohio 

Counties in West Virginia and Belmont 

County in Ohio. On December 11, 2012 

(77 FR 73575), EPA published a notice 

of proposed rulemaking (NPR) for the 

State of West Virginia. Pursuant to 

sections 107(d)(3)(E) 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, a 

comprehensive emissions inventory for 

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59842 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 

PM2.5, NOX and SO2, and the 

insignificance determination for the 

onroad motor vehicle contribution of 

PM2.5, NOX and SO2 for transportation 

conformity purposes for the West 

Virginia portion of the Area. 

On July 24, 2013 (78 FR 44487), EPA 

published a supplemental NPR that 

revised and expanded the basis for 

proposing approval of West Virginia’s 

request in light of developments since 

EPA issued its initial proposal on 

December 11, 2012. Principally, the 

supplemental NPR addressed the effects 

of the decision of the D.C. Circuit 

Court’s January 4, 2013 decision to 

remand to EPA two final rules 

implementing the PM2.5 NAAQS. In the 

supplemental NPR, EPA proposed to 

proceed with the approval of the request 

to designate the Wheeling Area to 

attainment for the 1997 annual PM2.5

NAAQS and the associated maintenance 

plan. On June 24, 2013, WVDEP 

supplemented its March 8, 2012 SIP 

submittal with the 2008 ammonia and 

volatile organic compound (VOC) 

emissions inventory which EPA 

proposed to approve in the 

supplemental NPR, in conjunction with 

the PM2.5, NOX and SO2 emissions 

inventory that EPA previously proposed 

to approve, as meeting the 

comprehensive emissions inventory 

requirements of section 172(c)(3) of the 

CAA. See December 11, 2012 (77 FR 

73575) and July 24, 2013 (78 FR 44487). 

In addition, EPA also proposed to 

approve the insignificance 

determination for the onroad motor 

vehicle contribution of PM2.5, NOX and 

SO2 for transportation conformity 

purposes for the West Virginia portion 

of the Area. 

Other specific details of West 

Virginia’s redesignation request, the 

associated maintenance plan SIP 

revision, the comprehensive emissions 

inventory, and insignificance 

determination, and the rationales for 

EPA’s proposed actions are explained in 

both the NPR and the supplemental 

NPR and will not be restated here. No 

public comments were received on 

either of the NPRs. 

II. Final Action 

EPA is approving the redesignation 

request, the maintenance plan, the 

comprehensive emissions inventory, 

and the insignificance determination for 

transportation conformity for the West 

Virginia portion of the Area 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 designation of the West Virginia 

portion of the Area from nonattainment 

to attainment for the 1997 annual PM2.5

NAAQS. EPA is also approving the 

associated maintenance plan for the 

West Virginia portion of the Area as a 

revision to the West Virginia SIP, 

because it meets the requirements of 

section 175A of the CAA. In addition, 

EPA is also approving the 

comprehensive emissions inventory as a 

revision to the West Virginia SIP 

because it meets the requirements of 

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

Furthermore, EPA is 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 

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 

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Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 59843 

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 November 29, 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, the 

maintenance plan, the comprehensive 

emissions inventory and transportation 

conformity insignificance determination 

for the West Virginia portion of the 

Wheeling 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: September 13, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR parts 52 and 81 are 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 an entry for 

the 1997 Annual PM2.5 Maintenance 

Plan for Wheeling, WV–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 

the Wheeling WV–OH Area.

Marshall and Ohio Counties 3/8/12, 6/24/13 9/30/13, [Insert page number where the document 

begins].

See § 52.2526(i) and 

§ 52.2531(f). 

■ 3. Section 52.2526 is amended by 

adding paragraph (i) to read as follows: 

§ 52.2526 Control strategy: Particulate 

matter. 

* * * * * 

(i) EPA approves the maintenance 

plan for the West Virginia portion of the 

Wheeling, WV–OH 1997 PM2.5

Nonattainment Area (Marshall and Ohio 

Counties). The maintenance plan 

establishes a determination of 

insignificance for PM2.5, NOX and SO2

for transportation conformity purposes. 

■ 4. Section 52.2531 is amended by 

adding paragraph (f) to read as follows: 

§ 52.2531 Base year emissions inventory. 

* * * * * 

(f) EPA approves as a revision to the 

West Virginia State Implementation 

Plan the comprehensive emissions 

inventory for the Wheeling, WV–OH 

fine particulate matter (PM2.5) 

nonattainment area submitted by the 

West Virginia Department of 

Environmental Protection on March 8, 

2012 and June 24, 2013. The emissions 

inventory includes emissions estimates 

that cover the general source categories 

of point sources, nonroad mobile 

sources, area sources, onroad mobile 

sources and biogenic sources. The 

pollutants that comprise the inventory 

are nitrogen oxides (NOX), volatile 

organic compounds (VOC), PM2.5, 

ammonia (NH3), and sulfur dioxide 

(SO2). 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 5. The authority citation for Part 81 

continues to read as follows: 

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

■ 6. In § 81.349, the table for West 

Virginia—PM2.5 (Annual NAAQS) is 

amended by revising the entry for the 

Wheeling, WV–OH Area to read as 

follows: 

§ 81.349 West Virginia. 

* * * * * 

WEST VIRGINIA—PM2.5

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

*****

Wheeling, WV–OH 

Marshall County ...... 9/30/13 Attainment. 

Ohio County ............ 9/30/13 Attainment. 

*****

a Includes Indian Country located in each 

county or area, except as otherwise specified. 1This date is 90 days after January 5, 2005, 

unless otherwise noted. 

* * * * * 

[FR Doc. 2013–23691 Filed 9–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

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