Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules 75933 

§ 17.632 Obligated service. 

(a) General provision. Except as 

provided in paragraph (d) of this 

section, each participant is obligated to 

provide service as a full-time clinical 

VA employee in the rehabilitation 

practice of the participant’s discipline 

in an assignment or location determined 

by VA. 

(b) Beginning of service. A 

participant’s obligated service will begin 

on the date on which the participant 

obtains any required applicable 

credentials and when appointed as a 

full-time clinical VA employee in a 

position for which the degree prepared 

the participant. VA will appoint the 

participant to such position as soon as 

possible, but no later than 90 days after 

the date that the participant receives his 

or her degree, or the date the participant 

obtains any required applicable 

credentials, whichever is later. If a 

participant fails to obtain his or her 

degree, or fails to obtain any required 

applicable credentials within 180 days 

after receiving the degree, the 

participant is considered to be in breach 

of the acceptance agreement. 

(c) Duration of service. The 

participant will agree to serve as a fulltime clinical VA employee for 3 

calendar years which must be 

completed no later than 6 years after the 

participant has completed the program 

for which the scholarship was awarded 

and received a degree referenced in 

§ 17.627(a)(1). 

(d) Location and assignment of 

obligated service. VA reserves the right 

to make final decisions on the location 

and assignment of the obligated service. 

A participant who receives a 

scholarship must agree as part of the 

participant’s mobility agreement that he 

or she is willing to accept the location 

and assignment where VA assigns the 

obligated service. Geographic relocation 

may be required. 

(e) Creditability of advanced clinical 

training. No period of advanced clinical 

training will be credited towards 

satisfying the period of obligated service 

incurred under the VIOMPSP. 

(Authority: 38 U.S.C. 7504(2)(D), 7504(3)) 

§ 17.633 Deferment of obligated service. 

Deferment of obligated service under 

the VIOMPSP is treated in the same 

manner as deferment of obligated 

service under the HPSP under § 17.608. 

(Authority: 38 U.S.C. 7504(3)) 

§ 17.634 Failure to comply with terms and 

conditions of participation. 

(a) Participant refuses to accept 

payment of the VIOMPSP. If a 

participant, other than one described in 

paragraph (b) of this section, refuses to 

accept payment or instructs the school 

not to accept payment of the VIOMPSP 

scholarship provided by VA, the 

participant must, in addition to any 

obligation incurred under the 

agreement, pay to the United States the 

amount of $1,500 in liquidated 

damages. Payment of this amount must 

be made no later than 90 days from the 

date that the participant fails to accept 

payment of the VIOMPSP or instructs 

the school not to accept payment. 

(b) Participant fails to complete 

course of study or does not obtain 

certification. A participant described in 

paragraphs (b)(1) through (4) of this 

section must, instead of otherwise 

fulfilling the terms of his or her 

acceptance agreement, pay to the United 

States an amount equal to all VIOMPSP 

funds awarded under the acceptance 

agreement. Payment of this amount 

must be made no later than 1 year after 

the date that the participant meets any 

of the criteria described in paragraphs 

(b)(1) through (4) of this section, unless 

VA determines that a longer period is 

necessary to avoid hardship. No interest 

will be charged on any part of this 

indebtedness. A participant will pay 

such amount if one of the following 

criteria is met: 

(1) The participant fails to maintain 

an acceptable level of academic 

standing; 

(2) The participant is dismissed from 

the school for disciplinary reasons; 

(3) The participant, for any reason, 

voluntarily terminates the course of 

study or program for which the 

scholarship was awarded including a 

reduction of course load from full-time 

to part-time before completing the 

course of study or program; or 

(4) The participant fails to become 

certified in the discipline for which the 

degree prepared the participant, if 

applicable, no later than 180 days after 

the date such person becomes eligible to 

apply for certification. 

(c) Participant fails to perform all or 

any part of their service obligation. (1) 

Participants who breach their 

agreements by failing to begin or 

complete their service obligation, for 

any reason, including the loss, 

revocation, suspension, restriction, or 

limitation of required certification, and 

other than provided for under paragraph 

(b) of this section, must repay the 

portion of all VIOMPSP funds paid to or 

on behalf of the participant, adjusted for 

the service that they provided. To 

calculate the unearned portion of 

VIOMPSP funds, subtract the number of 

months of obligated service rendered 

from the total months of obligated 

service owed, divide the remaining 

months by the total obligated service, 

then multiply by the total amount of 

VIOMPSP funds paid to or on behalf of 

the participant. The following formula 

may be used in determining the 

unearned portion: 

A = P((t-s)/t) in which 

‘‘A’’ is the amount the United States is 

entitled to recover; 

‘‘P’’ is the amounts paid under the 

VIOMPSP, to or on behalf of the 

participant; 

‘‘t’’ is the total number of months in the 

participant’s period of obligated service; 

and 

‘‘s’’ is the number of months of obligated 

service rendered. 

(2) The amount that the United States 

is entitled to recover will be paid no 

later than 1 year after the date the 

applicant failed to begin or complete the 

period of obligated service, as 

determined by VA. 

(Authority: 38 U.S.C. 7505(a), 7505(b)) 

§ 17.635 Bankruptcy. 

Bankruptcy under the VIOMPSP is 

treated in the same manner as 

bankruptcy for the HPSP under 

§ 17.611. 

(Authority: 38 U.S.C. 7505(c), 7505(d)) 

§ 17.636 Cancellation, waiver, or 

suspension of obligation. 

Cancellation, waiver, or suspension 

procedures under the VIOMPSP are the 

same as those procedures for the HPSP 

under § 17.612. 

(Authority: 38 U.S.C. 7505(c)) 

[FR Doc. 2012–30811 Filed 12–21–12; 4:15 pm] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0369; FRL- 9764–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; The 2002 Base Year 

Emissions Inventory for the West 

Virginia Portion of the SteubenvilleWeirton, OH–WV Nonattainment Area 

for 1997 Annual Fine Particulate Matter 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the 2002 base year emissions inventory 

portion of the West Virginia State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia 

through the West Virginia Department 


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75934 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules 

of Environmental Protection (WVDEP) 

on June 24, 2009 for the SteubenvilleWeirton, OH–WV nonattainment area 

(the Steubenville-Weirton Area) for the 

1997 annual fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS). The emissions 

inventory is part of a SIP revision that 

was submitted to meet West Virginia’s 

nonattainment requirements related to 

the Steubenville-Weirton Area. EPA is 

proposing to approve the 2002 base year 

emissions inventory for the West 

Virginia portion of the SteubenvilleWeirton Area in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before January 25, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0369 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0369, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, 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–2012– 

0369. 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: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

supplementary information section is 

arranged as follows: 

I. Background 

II. Summary of SIP Revision 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA established an 

annual PM2.5 NAAQS at 15.0 

micrograms per cubic meter (mg/m3) 

(hereafter referred to as ‘‘the 1997 

annual PM2.5 NAAQS’’), based on a 3- 

year average of annual mean PM2.5

concentrations (62 FR 38652). At that 

time, EPA also established a 24-hour 

standard of 65 mg/m3. See 40 CFR 50.7. 

The 1997 annual PM2.5 NAAQS were 

based on significant evidence and 

numerous health studies demonstrating 

that serious health effects are associated 

with exposures to particulate matter. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in section 

107(d)(1) of the CAA. On January 5, 

2005, EPA published its air quality 

designations and classifications for the 

1997 annual PM2.5 NAAQS based upon 

air quality monitoring data for calendar 

years 2001–2003 (70 FR 944). These 

designations became effective on April 

5, 2005. On April 14, 2005, EPA 

promulgated a supplemental rule 

amending the initial designations (70 FR 

19844), with the same effective date 

(April 5, 2005) at 70 FR 944. As a result 

of this supplemental rule, the 

Steubenville-Weirton Area was 

designated nonattainment for the 1997 

annual PM2.5 NAAQS. The 

Steubenville-Weirton Area is comprised 

of Brooke County and Hancock County 

in West Virginia (the West Virginia 

portion), and Jefferson County in Ohio. 

See 40 CFR 81.336 (Ohio) and 40 CFR 

81.349 (West Virginia). 

On September 14, 2011 (76 FR 56641), 

EPA determined that the West Virginia 

portion of the Steubenville-Weirton 

Area had attained the 1997 annual PM2.5

NAAQS. That determination was based 

on complete, quality-assured, qualitycontrolled, and certified ambient air 

monitoring data for the 2007–2009 

period showing that the entire 

Steubenville-Weirton Area had 

monitored attainment of the 1997 

annual PM2.5 NAAQS. EPA also 

evaluated preliminary quality-assured 

data available to date for 2010. The 

September 14, 2011 determination 

suspended the requirements for West 

Virginia to submit, for the West Virginia 

portion of the Steubenville-Weirton 

Area, an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIP revisions related to 

attainment of the standard for so long as 

the Steubenville-Weirton Area 

continues to meet the 1997 annual PM2.5

NAAQS. 

Section 172(c)(3) of the CAA requires 

states to submit a comprehensive, 

accurate, and current inventory of actual 

emissions for each nonattainment area. 

EPA’s requirements for an emissions 

inventory for the PM2.5 NAAQS are set 

forth in 40 CFR 51.1008. This proposed 

rulemaking action is limited to the 

approval of the emissions inventory 

included in West Virginia’s June 24, 

2009 submittal for the West Virginia 

portion of the Steubenville-Weirton 

Area. A separate action will be taken on 

the remainder of the SIP submittal. 

II. Summary of SIP Revision 

The 2002 base year emission 

inventory submitted by WVDEP on June 

24, 2009 for the West Virginia portion 

of the Steubenville-Weirton Area 

includes emissions estimates that cover 

the general source categories of point 

sources, area sources, on-road mobile 


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Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules 75935 

sources, and non-road mobile sources. 

The pollutants that comprise the 

inventory are PM2.5, coarse particles 

(PM10), nitrogen oxides (NOX), volatile 

organic compounds (VOC), ammonia 

(NH3), and sulfur dioxide (SO2). EPA 

has reviewed the results, procedures 

and methodologies for the base year 

emissions inventory submitted by 

WVDEP. The year 2002 was selected by 

WVDEP as the base year for the 

emissions inventory per 40 CFR 

51.1008(b). A discussion of the 

emissions inventory development as 

well as the emissions inventory for the 

West Virginia portion of the 

Steubenville-Weirton Area can be found 

in Appendix C of the June 24, 2009 SIP 

submittal. Table 1, below, provides a 

summary of the annual 2002 emissions 

of PM2.5, PM10, SO2, NOX, VOC, and 

NH3 for the June 24, 2009 West Virginia 

submittal. 

TABLE 1—2002 BASE YEAR INVENTORY FOR THE WEST VIRGINIA PORTION OF THE STEUBENVILLE-WEIRTON AREA, IN

TONS PER YEAR (TPY) 

Source Sector NH3 NOX PM10 PM2.5 SO2 VOC 

Point ......................................................... 149 2,160 7,697 6,844 2,138 2,776 

Area .......................................................... 822 1,721 2,497 561 718 1,941 

Nonroad ................................................... 0 1,499 71 66 76 497 

Onroad ..................................................... 44 992 22 14 46 1,046 

Biogenic ................................................... N/A 108 N/A N/A N/A 4,693 

Total .................................................. 1,016 6,480 10,287 7,485 2,979 10,952 

The CAA section 172(c)(3) emissions 

inventory is developed by the 

incorporation of data from multiple 

sources. States were required to develop 

and submit to EPA a triennial emissions 

inventory according to the Consolidated 

Emissions Reporting Rule (CERR) for all 

source categories (i.e., point, area, 

nonroad mobile and on-road mobile). 

EPA’s review and evaluation of the 

methods used for the emissions 

inventory submitted by West Virginia 

are found in the Technical Support 

Document dated August 12, 2010, 

available online at 

www.regulations.gov, Docket No. EPA– 

R03–OAR–2012–0369. EPA finds that 

the process used to develop this 

emissions inventory for the West 

Virginia portion of the Steubenville 

Weirton Area is adequate to meet the 

requirements of CAA section 172(c)(3), 

the implementing regulations, and EPA 

guidance for emission inventories. 

III. Proposed Action 

EPA is proposing to approve the 2002 

base year emissions inventory portion of 

the SIP revision submitted by the State 

of West Virginia on June 24, 2009 for the 

West Virginia portion of the 

Steubenville-Weirton Area, as it meets 

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

the CAA. EPA has made the 

determination that this action is 

consistent with section 110 of the CAA. 

EPA is soliciting public comments on 

the issues discussed in this document, 

which 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, 

pertaining to the 2002 base year 

emissions inventory for the West 

Virginia portion of the SteubenvilleWeirton Area for the West Virginia SIP, 

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, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: December 14, 2012. 

W. C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–31081 Filed 12–21–12; 4:15 pm] 

BILLING CODE 6560–50–P 


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