Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Proposed Rules 65593 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0675; FRL–9902– 

38—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Infrastructure Requirements 

for the 2010 Nitrogen Dioxide National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

submittal from the State of West 

Virginia pursuant to the Clean Air Act 

(CAA). Whenever new or revised 

national ambient air quality standards 

(NAAQS) are promulgated, the CAA 

requires states to submit a plan for the 

implementation, maintenance, and 

enforcement of such NAAQS. The plan 

is required to address basic program 

elements, including, but not limited to, 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 

These elements are referred to as 

infrastructure requirements. West 

Virginia has made a submittal 

addressing the infrastructure 

requirements for the 2010 nitrogen 

dioxide (NO2) NAAQS. 

DATES: Written comments must be 

received on or before December 2, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID EPA–R03–OAR– 

2013–0675 by one of the following 

methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0675, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, Air 

Protection Division, Mailcode 3AP30, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0675. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in www.regulations.gov or 

in hard copy 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: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

December 13, 2012, the State of West 

Virginia through the West Virginia 

Department of Environmental Protection 

(WVDEP) submitted a revision to its SIP 

to satisfy the requirements of section 

110(a)(2) of the CAA for the 2010 NO2

NAAQS. 

I. Background 

In 1971, EPA promulgated a NO2

primary and secondary standard of 53 

parts per billion (ppb), averaged 

annually. On January 22, 2010, EPA 

established an additional primary 

standard for NO2 at 100 ppb, averaged 

over one hour. Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIPs meeting the applicable 

requirements of section 110(a)(2) within 

three years after promulgation of a new 

or revised NAAQS or within such 

shorter period as EPA may prescribe. 

Section 110(a)(2) lists specific elements 

that states must meet for 

‘‘infrastructure’’ SIP requirements 

related to a newly established or revised 

NAAQS. These requirements include 

basic SIP elements such as requirements 

for monitoring, basic program 

requirements and legal authority that 

are designed to assure attainment and 

maintenance of the NAAQS. 

Section 110(a) imposes the obligation 

upon states to make a SIP submission to 

EPA for a new or revised NAAQS, but 

the contents of that submission may 

vary depending upon the facts and 

circumstances. In particular, the data 

and analytical tools available at the time 

the state develops and submits the SIP 

for a new or revised NAAQS affect the 

content of the submission. The content 

of such SIP submissions may also vary 

depending upon what provisions the 

state’s existing SIP already contains. 

II. Summary of SIP Revision 

On December 13, 2012, the WVDEP 

provided a submittal to satisfy the 

requirements of section 110(a)(2) of the 

CAA for the 2010 NO2 NAAQS. This 

submittal addressed the following 

infrastructure elements or portions 

thereof, which EPA is proposing to 

approve: Sections 110(a)(2)(A), (B), (C), 

(D), (E), (F), (G), (H), (J), (K), (L), and 

(M). A detailed summary of EPA’s 

review and rationale for approving West 

Virginia’s submittal may be found in the 

Technical Support Document (TSD) for 

this proposed rulemaking action, which 

is available online at 

www.regulations.gov, Docket number 

EPA–R03–OAR–2013–0675. 

III. Proposed Action 

EPA is proposing to approve the 

following elements or portions thereof, 

of West Virginia’s December 13, 2012 

SIP revision: (A), (B), (C), (D), (E), (F), 

(G), (H), (J), (K), (L), and (M). West 

Virginia’s SIP revision provides the 

basic program elements specified in 

section 110(a)(2) necessary to 

implement, maintain, and enforce the 

2010 NO2 NAAQS. This action does not 


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65594 Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Proposed Rules 

1EPA previously approved West Virginia’s PSD 

permit program with the limited exception of West 

Virginia’s definition of ‘‘regulated new source 

review (NSR) pollutant’’ which received a narrow 

disapproval as the definition did not include 

condensable emissions of particulate matter. See 

(77 FR 63736, October 17, 2012) and (78 FR 27062, 

May 9, 2013). Because the grounds for disapproval 

were narrow and extended only to the lack of 

condensables within the definition of ‘‘regulated 

NSR pollutant,’’ the narrow disapproval does not 

alter EPA’s October 17, 2012 approval of the 

remaining portions of West Virginia’s August 2011 

SIP submittal for the State’s PSD program. EPA 

anticipates that West Virginia will make a 

submission rectifying the deficiency regarding 

condensables. Further, EPA anticipates acting on 

West Virginia’s submission on this definition 

within the two year time frame prior to EPA’s 

Federal implementation plan obligation on this very 

narrow issue. 

include any proposed action on section 

110(a)(2)(I) of the CAA which pertains 

to the nonattainment requirements of 

part D, Title I of the CAA, because this 

element is not required to be submitted 

by the 3-year submission deadline of 

section 110(a)(1), and will be addressed 

in a separate process, if applicable. This 

action also does not include proposed 

action on section 110(a)(2)(C), (D)(i)(II), 

and (J) of the CAA as they relate to West 

Virginia’s required permit program for 

the prevention of significant 

deterioration (PSD), as required by part 

C of Title I of the CAA. EPA will take 

separate action on these elements.1

Additionally, EPA will take later 

separate action on CAA section 

110(a)(2)(E)(ii) for the 2010 NO2 NAAQS 

as it relates to CAA section 128, ‘‘State 

Boards.’’ EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. Statutory and Executive Order 

Reviews 

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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 proposed rule, which 

addresses West Virginia’s infrastructure 

requirements in section 110(a)(2) of the 

CAA for the 2010 NO2 NAAQS or 

portions thereof, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, 

Recordkeeping and reporting. 

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

Dated: September 26, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–26212 Filed 10–31–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[PS Docket No. 13–229; RM–11635; 

FCC 13–121] 

Vehicular Repeaters 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this Order and Notice of 

Proposed Rulemaking, the Commission 

proposes an amendment to the 

Commission’s rules to allow the 

licensing and operation of vehicular 

repeater systems and other mobile 

repeaters by public safety licensees on 

certain frequencies in the VHF band. 

DATES: Submit comments on or before 

December 31, 2013. Submit reply 

comments January 30, 2014. 

ADDRESSES: You may submit comments, 

identified by PS Docket No. 13–229; 

RM–11635, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

• Mail: U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW., 

Washington, DC 20554. Commercial 

overnight mail (other than U.S. Postal 

Service Express Mail and Priority Mail) 

must be sent to 9300 East Hampton 

Drive, Capitol Heights, MD 20743. 

• Hand or Messenger Delivery: 445 

12th St. SW., Room TW–A325, 

Washington, DC 20554. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments, additional information on 

the rulemaking process, and where to 

find materials available for inspection, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Eng, Policy and Licensing 

Division, Public Safety and Homeland 

Security Bureau, Federal 

Communications Commission, 445 12th 

Street SW., Washington, DC 20554, at 

(202) 418–0019, TTY (202) 418–7233, or 

via email at Thomas.Eng@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 


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