44884 Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

action. In reviewing SIP submissions, 

EPA’s role is to approve or disapprove 

state choices, based on the criteria of the 

CAA. Accordingly, this action merely 

disapproves certain state requirements 

for inclusion into the SIP under section 

110 and subchapter I, part D of the CAA 

and will not in-and-of itself create any 

new requirements. Accordingly, it 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. 

Congressional Review Act 

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 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. 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). 

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 September 23, 2013. 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: July 10, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 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 P—Indiana 

■ 2. Section 52.2592 is added to read as 

follows: 

§ 52.2592 Review of new sources and 

modifications. 

Disapproval—On May 12, 2011, the 

Wisconsin Department of Natural 

Resources submitted a proposed 

revision to its State Implementation 

Plan to update its rules to match the 

2008 New Source Review 

Implementation Rule for PM2.5. The 

State supplemented the submittal on 

March 5, 2012. EPA determined that 

this submittal was not approvable 

because the revisions did not explicitly 

identify the precursors to PM2.5 and did 

not contain the prescribed language to 

ensure that gases that condense to form 

PM, known as condensables, are 

regulated within PM2.5 and PM10

emission limits. 

[FR Doc. 2013–17837 Filed 7–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[WV104–6042; FRL–9828–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

that are incorporated by reference (IBR) 

into the West Virginia State 

Implementation Plan (SIP). The 

regulations affected by this update have 

been previously submitted by the West 

Virginia Department of Environmental 

Protection (WV DEP) 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: This action is effective July 25, 

2013. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; 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: 

Sharon McCauley, (215) 814–3376 or by 

email at mccauley.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

a 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 

February 10, 2005 (70 FR 7024), EPA 

published a Federal Register beginning 

the new IBR procedure for West 

Virginia. On February 28, 2007 (72 FR 

8903) February 10, 2009 (74 FR 6542), 

and December 28, 2010 (75 FR 81474), 

EPA published updates to the IBR 

material for West Virginia. 

Since the publication of the last IBR 

update, EPA has approved into the SIP 

the following regulatory changes to the 

following West Virginia regulations: 


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Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations 44885 

A. Added Regulations 

1. 45 CSR 35 (Requirements for 

Determining Conformity of General 

Federal Actions to Applicable Air 

Quality Implementation Plans (General 

Conformity)), 45 CSR 35–5 

(Inconsistency Between Rules). 

B. Revised Regulations 

1. 45 CSR 8 (Ambient Air Quality 

Standards), sections 45–8–1 through 45– 

8–4. 

2. 45 CSR 14 (Permits for 

Construction and Major Modification of 

Major Stationary Sources of Air 

Pollution for the Prevention of 

Significant Deterioration), sections 45– 

14–1 through 45–14–26. 

3. 45 CSR 35 (Requirements for 

Determining Conformity of General 

Federal Actions to Applicable Air 

Quality Implementation Plans (General 

Conformity)), sections 45–35–1 through 

45–35–4. 

C. Removed Regulations 

1. 45 CSR 8, sections 45–8–5 through 

45–8–7. 

II. EPA Action 

In this action, EPA is announcing the 

update to the IBR material as of April 1, 

2013. EPA is also correcting the entries 

in the ‘‘State Citation’’ column for 

Regulation 45 CSR 8 (Ambient Air 

Quality Standards) to read ‘‘Section 45– 

8–1,’’ ‘‘Section 45–8–2,’’ ‘‘Section 45–8– 

3,’’ and ‘‘Section 45–8–4.’’ 

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) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

removing outdated citations and 

incorrect table entries. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act (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 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 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

CAA pertaining to petitions for judicial 

review are not applicable to this action. 

Prior EPA rulemaking actions for each 

individual component of the West 

Virginia SIP compilations had 

previously afforded interested parties 

the opportunity to file a petition for 

judicial review in the United States 

Court of Appeals for the appropriate 

circuit within 60 days of such 

rulemaking action. Thus, EPA sees no 

need in this action to reopen the 60-day 

period for filing such petitions for 

judicial review for this ‘‘Identification of 

plan’’ update action for West Virginia. 

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: June 5, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart XX—West Virginia 

■ 2. Section 52.2520 is amended by: 

■ a. Revising paragraph (b); 


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44886 Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations 

■ b. Revising the heading of paragraph 

(c); and 

■ c. In paragraph (c) revising each entry 

under 45 CSR 8 (Ambient Air Quality 

Standards). 

The revised text read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(b) Incorporation by reference. 

(1) Material listed as incorporated by 

reference in paragraphs (c) and (d) of 

this section with an EPA approved date 

of April 1, 2013 was approved for 

incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. The material incorporated 

is as it exists on the date of the approval, 

and notice of any change in the material 

will be published in the Federal 

Register. Entries in paragraphs (c) and 

(d) of this section with EPA approval 

dates on or after April 1, 2013 will be 

incorporated by reference in the next 

update to the SIP compilation. 

(2)(i) EPA Region III certifies that the 

rules and regulations provided by EPA 

at the addresses in paragraph (b)(3) of 

this section are an exact duplicate of the 

officially promulgated State rules and 

regulations which have been approved 

as part of the State implementation plan 

as of April 1, 2013. 

(ii) EPA Region III certifies that the 

following source-specific requirements 

provided by EPA at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated State source-specific 

requirements which have been 

approved as part of the State 

implementation plan as of November 1, 

2010. No additional revisions were 

made between November 1, 2010 and 

April 1, 2013. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the EPA Region III Office at 

1650 Arch Street, Philadelphia, PA 

19103. For further information, call 

(215) 814–2108; the EPA, Air and 

Radiation Docket and Information 

Center, Room Number 3334, EPA West 

Building, 1301 Constitution Avenue 

NW., Washington, DC 20460. For further 

information, call (202) 566–1742; or at 

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. 

(c) EPA-Approved Regulations and 

Statutes. 

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 8 Ambient Air Quality Standards 

Section 45–8–1 General ......................................... 6/1/12 10/29/12, 77 FR 65493 ................. Filing and effective dates are revised. 

Section 45–8–2 Definitions ..................................... 6/1/12 10/29/12, 77 FR 65493 .................

Section 45–8–3 Adoption of Standards .................. 6/1/12 10/29/12, 77 FR 65493 ................. Effective date is revised. 

Section 45–8–4 Inconsistency Between Rules ....... 6/1/12 10/29/12, 77 FR 65493 .................

* * * * * * * 

* * * * * 

[FR Doc. 2013–17836 Filed 7–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0894; FRL–9837–1] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

New Source Review-Prevention of 

Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve portions of a revision to the 

Tennessee State Implementation Plan 

(SIP), submitted by the Tennessee 

Department of Environment and 

Conservation (TDEC) through the 

Division of Air Pollution Control, to 

EPA on October 4, 2012, for parallel 

processing. TDEC submitted the final 

version of this SIP revision on May 10, 

2013. The SIP revision approved in this 

action modifies Tennessee’s New 

Source Review (NSR) Prevention of 

Significant Deterioration (PSD) program 

to adopt, into the Tennessee SIP, federal 

regulatory requirements regarding PSD 

increments for fine particles with an 

aerodynamic diameter of less than or 

equal to 2.5 micrometers. EPA is 

approving portions of Tennessee’s May 

10, 2013, SIP revision because the 

Agency has made the determination that 

these portions of the SIP revision are in 

accordance with the Clean Air Act (CAA 

or Act) and EPA regulations regarding 

NSR permitting. 

DATES: This rule will be effective August 

26, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0894. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

for further information. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 


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