Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Rules and Regulations 56513 

(g) If the requester files a lawsuit 

under the FOIA for access to any 

withheld records, we promptly notify 

the submitter. 

(h) NARA notifies the requester in 

three circumstances: 

(1) When we notify the submitter of 

the opportunity to object to disclosure, 

or to extend the time for objecting; 

(2) When we notify the submitter of 

our intent to disclose the requested 

information; and 

(3) When a submitter files a lawsuit to 

prevent the disclosure of the 

information. 

Dated: September 10, 2014. 

David S. Ferriero, 

Archivist of the United States. 

[FR Doc. 2014–22186 Filed 9–19–14; 8:45 am] 

BILLING CODE 7515–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0596; FRL–9916–82– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; 2014 Amendments to West 

Virginia’s Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the West 

Virginia State Implementation Plan 

(SIP). The revision pertains to 

amendments of West Virginia’s 

Legislative Rule on Ambient Air Quality 

Standards which change the effective 

date of the incorporation by reference of 

the National Ambient Air Quality 

Standards (NAAQS) as well as their 

monitoring reference and equivalent 

methods. EPA is approving these 

revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

November 21, 2014 without further 

notice, unless EPA receives adverse 

written comment by October 22, 2014. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0596 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–2014–0596, 

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–2014– 

0596. 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: 

I. Background 

On July 1, 2014, the West Virginia 

Department of Environmental Protection 

(WVDEP) submitted a formal revision to 

its SIP pertaining to amendments of 

Legislative Rule, 45 CSR 8—Ambient 

Air Quality Standards. The SIP revision 

consists of revising the effective date of 

the incorporation by reference of the 

NAAQS and the associated monitoring 

reference and equivalent methods. This 

rulemaking action is required because 

on January 15, 2013, EPA revised the 

NAAQS for fine particulate matter 

(PM2.5). See 78 FR 3086. The annual 

arithmetic mean concentration was set 

at 12 micrograms per cubic meter (mg/ 

m3), and the standard for the 24-hour 

concentration was retained at 35 mg/m3, 

(collectively, the 2013 PM2.5 NAAQS). 

II. Summary of SIP Revision 

This SIP revision is required by 

WVDEP in order to update the State’s 

incorporation by reference of the 

primary and secondary NAAQS and the 

ambient air monitoring reference and 

equivalent methods, found in 40 CFR 

parts 50 and 53, respectively. Currently, 

45 CSR 8 incorporates by reference 40 

CFR parts 50 and 53 as effective on June 

1, 2011. Since that date, EPA revised the 

standards for PM2.5; this SIP revision 

updates 45 CSR 8 to include the 2013 

PM2.5 NAAQS. 

The amendments to the legislative 

rule include the following changes: To 

section 45–8–1 (General), the filing and 

effective dates are changed to reflect the 

update of the legislative rule; to section 

45–8–3 (Adoption of Standards), the 

effective dates for the incorporation by 

reference of the primary and secondary 

NAAQS and the ambient air monitoring 

reference and equivalent methods are 

changed. The filing and effective dates 

of the legislative rule were updated to 

April 4, 2014 and June 1, 2014 

respectively. The effective date of the 

incorporation by reference of 40 CFR 

Parts 50 and 53 changed from June 1, 

2011 to June 1, 2013. 


asabaliauskas on DSK5VPTVN1PROD with RULES
56514 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Rules and Regulations 

III. Final Action 

EPA is approving the amendments to 

Legislative Rule, 45 CSR 8—Ambient 

Air Quality Standards, into the West 

Virginia SIP. EPA is publishing this rule 

without prior proposal because EPA 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of this Federal Register, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on November 21, 2014 without 

further notice unless EPA receives 

adverse comment by October 22, 2014. 

If EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. 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 (Public Law 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 November 21, 2014. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. This 

action, revising 45 CSR 8, 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, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: September 2, 2014. 

William C. Early, 

Acting, Regional Administrator, Region III. 

Therefore, 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 XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(c) is amended by revising the entries 

for 45–8–1 through 45–8–4 to read as 

follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Rules and Regulations 56515 

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 

45–8–1 ...................................... General ..................................... 6/1/14 9/22/14 [Insert Federal Register citation].Filing and effective dates 

are revised. 

45–8–2 ...................................... Definitions ................................. 6/1/14 9/22/14 [Insert Federal Register citation].

45–8–3 ...................................... Adoption of Standards .............. 6/1/14 9/22/14 [Insert Federal Register citation].Effective date is revised. 

45–8–4 ...................................... Inconsistency Between Rules .. 6/1/14 9/22/14 [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2014–22418 Filed 9–19–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2013–0635, 0319, 0320, 

0321, and 0322; FRL–9916–74–OSWER] 

National Priorities List, Final Rule No. 

59 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency (‘‘the 

EPA’’ or ‘‘the agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow the EPA to 

assess the nature and extent of public 

health and environmental risks 

associated with the site and to 

determine what CERCLA-financed 

remedial action(s), if any, may be 

appropriate. This rule adds five sites to 

the General Superfund section of the 

NPL. 

DATES: The effective date for this 

amendment to the NCP is October 22, 

2014. 

ADDRESSES: Contact information for the 

EPA Headquarters: 

• Docket Coordinator, Headquarters; 

U.S. Environmental Protection Agency; 

CERCLA Docket Office; 1301 

Constitution Avenue NW; William 

Jefferson Clinton Building West, Room 

3334, Washington, DC 20004, 202/566– 

0276. 

The contact information for the 

regional dockets is as follows: 

• Holly Inglis, Region 1 (CT, ME, MA, 

NH, RI, VT), U.S. EPA, Superfund 

Records and Information Center, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912; 617/918–1413. 

• Ildefonso Acosta, Region 2 (NJ, NY, 

PR, VI), U.S. EPA, 290 Broadway, New 

York, NY 10007–1866; 212/637–4344. 

• Lorie Baker (ASRC), Region 3 (DE, 

DC, MD, PA, VA, WV), U.S. EPA, 

Library, 1650 Arch Street, Mailcode 

3HS12, Philadelphia, PA 19103; 215/

814–3355. 

• Todd Quesada, Region 5 (IL, IN, MI, 

MN, OH, WI), U.S. EPA Superfund 

Division Librarian/SFD Records 

Manager SRC–7J, Metcalfe Federal 

Building, 77 West Jackson Boulevard, 

Chicago, IL 60604; 312/886–4465. 

• Brenda Cook, Region 6 (AR, LA, 

NM, OK, TX), U.S. EPA, 1445 Ross 

Avenue, Suite 1200, Mailcode 6SFTS, 

Dallas, TX 75202–2733; 214/665–7436. 

FOR FURTHER INFORMATION CONTACT: 

Terry Jeng, phone: (703) 603–8852, 

email: jeng.terry@epa.gov, Site 

Assessment and Remedy Decisions 

Branch, Assessment and Remediation 

Division, Office of Superfund 

Remediation and Technology 

Innovation (Mailcode 5204P), U.S. 

Environmental Protection Agency; 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; or the Superfund Hotline, 

phone (800) 424–9346 or (703) 412– 

9810 in the Washington, DC, 

metropolitan area. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. What are CERCLA and SARA? 

B. What is the NCP? 

C. What is the National Priorities List 

(NPL)? 

D. How are sites listed on the NPL? 

E. What happens to sites on the NPL? 

F. Does the NPL define the boundaries of 

sites? 

G. How are sites removed from the NPL? 

H. May the EPA delete portions of sites 

from the NPL as they are cleaned up? 

I. What is the Construction Completion List 

(CCL)? 

J. What is the sitewide ready for 

anticipated use measure? 

K. What is state/tribal correspondence 

concerning NPL listing? 

II. Availability of Information to the Public 

A. May I review the documents relevant to 

this final rule? 

B. What documents are available for review 

at the headquarters docket? 

C. What documents are available for review 

at the regional dockets? 

D. How do I access the documents? 

E. How may I obtain a current list of NPL 

sites? 

III. Contents of This Final Rule 

A. Additions to the NPL 

B. What did the EPA do with the public 

comments it received? 

C. Site Name Change 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

1. What is Executive Order 12866? 

2. Is this final rule subject to Executive 

Order 12866 review? 

B. Paperwork Reduction Act 

1. What is the paperwork reduction act? 

2. Does the paperwork reduction act apply 

to this final rule? 

C. Regulatory Flexibility Act 

1. What is the regulatory flexibility act? 


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