# + 2

(,1 1/,1(

Citation: 71 Fed. Reg. 40023 2006

Content downloaded/printed from HeinOnline (http://heinonline.org) Wed Jul 11 17:59:15 2012

-- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from uncorrected OCR text.

### Federal Register/Vol. 71, No. 135/Friday, July 14, 2006/Rules and Regulations

RHODE ISLAND NON REGULATORY-Continued

Name of non regulatory Applicable geographic or State submittal 

### date/effec- EPA approved date Explanations SIP provision nonattainment area tivedate September 20, 2001 letter Statewide

............................ Submitted 09/20/01

.......... 06/20/03, 68 FR 36921

...... Submitting the "NOx

from Rhode Island De- State Implementation partment of Environ- Plan (SIP) Call Narmental Management. rative," revised September 2001. NOx State Implementation Statewide

............................ Submitted 09/20/01

.......... 06/20/03, 68 FR 36921.

Plan (SIP) Call Narrative, revised September 2001.

[FR Doc. E6-11108 Filed 7-13-06; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81 [EPA-R03-OAR-2005--0480; FRL-8197-1]
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation ofthe Cityof Weirton PM-10 Nonattainment Area to Attainment and Approval of the Maintenance Plan
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.
SUMMARY: EPA is approving a redesignation request and a State Implementation Plan (SIP) revision submitted by the State of West Virginia. This revision requests that EPA redesignate the Weirton nonattainment

area (Weirton Area) to attainment for the national ambient air quality standards (NAAQS) for particulate matter with an aerodynamic diameter less than orequal
to a nominal 10micrometers (PM-10), and concurrently requests approval ofa limited maintenance plan (LMP) as a revision to the West Virginia State Implementation (SIP). In this action, EPA is approving the State's request to redesignate the area from nonattainment to attainment, as well as approving the LMP for the Weirton Area. DATES: EffectiveDate:This final rule is effective on August 14, 2006. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2005-0480. All documents in the docket are listed in the www.regulations.govWeb site. Publicly available docket materials are available either electronically through www.regulations.govor in hard copy for public inspection during normal

- business hours at the AirProtection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies ofthe State submittal are available atthe West Virginia Department ofEnvironmental Protection, Division ofAir Quality, 601 57th Street, SE., Charleston, WV 25304. FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, orby email atmiller.linda@epa.gov. SUPPLEMENTARY INFORMATION:

I. Background

On May 11, 2006 (71 FR 27440), EPA published a notice ofproposed rulemaking (NPR) for the State ofWest Virginia. The NPR proposed approval of the LMP for the Weirton Area in West Virginia and the State's request to redesignate the area from nonattainment to attainment. EPA also proposed to determine that,because the Weirton Area has continued to attain the PM-10 NAAQS, certain attainment demonstration requirements, along with other related requirements ofthe CAA,

are not applicable to the Weirton Area. West Virginia submitted a request to redesignate the Weirton Area to attainment for PM-10 and a SIP submittal for the related maintenance plan on May 24, 2004.

II. Summary ofSIP Revision
On May 16, 2001 (66 FR 27034), EPA promulgated afinal rule entitled, "Determination ofAttainment ofthe NAAQS for PM-10in the Weirton, West Virginia Nonattainment Area" finding that the Weirton PM-Ia nonattainment had attained the NAAQS for PM-10 by its applicable December 31, 2000 attainment date. In orderto be redesignated from nonattainment to attainment, West Virginia requested, in

a letter dated October 14, 2003, that EPA apply its clean data policy to the Weirton Area. The redesignation request, dated May 24, 2004, included the associated SIP submittal ofthe maintenance plan for the Weirton area.

Other specific requirements of the request forredesignation and the associated rationale andthe rationale for EPA's proposed action are explained in the NPR and will not berestated here. EPA received one comment in support ofthe proposed approval.

III.Final Action

EPAis approving the PM-10 redesignation request for the Weirton Area, and also approving the associated limited maintenance plan as a revision
to the West Virginia SIP.

IV. Statutory and Executive Order Reviews
A. GeneralRequirements

UnderExecutive Order 12866 (58 FR 51735, October 4,1993), this action is
not a "significant regulatory action" and therefore is not subject to review by the Office ofManagement and Budget. For thisreason; this action is also not subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, orUse" (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposedby
state law. Accordingly, the Administrator certifies that this rule will nothave a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 etseq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). This rule also does not have tribal implications because it will not have a substantial direct effect on
one ormore Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution ofpower and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 

### 4.0023

HeinOnline -- 71 Fed. Reg. 40023 2006

### Federal Register/Vol. 71, No. 135/Friday, July 14, 2006/Rules and Regulations

FR 67249, November 9, 2000). This action also does not haveFederalism implicationsbecause it does not have substantial direct effects onthe States,
onthe relationship between the national government andthe States, or on the distribution of power and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). Thisaction merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act.This rule also is not subjectto Executive Order 13045 "Protection ofChildren from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), because it is noteconomically significant.

In reviewing SIP submissions, EPA's role is to approve statechoices, provided that they meet the criteria of the Clean Air Act. In this context, inthe absence ofa prior existingrequirement forthe State to use voluntary consensus standards (VCS), EPA has noauthority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it revie'vs a SIP submission, to use VCS in place ofaSIP submission that otherwise satisfiesthe provisions of the Clean Air Act. Thus, the requirements ofsection 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do notapply. This rule does not impose an information collection burden underthe provisions ofthe Paperwork Reduction Act of 1995 (44 U.S.C. 3501 etseq.).

B. Submission to Congressandthe ComptrollerGeneral

The Congressional Review Act, 5 U.S.C. 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating thie rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe 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 ofthe United States priorto publication ofthe rule in the Federal Register. This rule is nota "major rule" as defined by 5 U.S.C. 804(2).

C.Petitions forJudicial Review Under section 307(b)(1) ofthe Clean Air Act, petitions for judicial,review of this actionto approve the redesignation request forthe Weirton nonattainment
area and approve the associated maintenance plan asa revision to the SIP must be filed in the United States Court ofAppeals for the appropriate circuitby September 12, 2006. Filing a petition for reconsideration by the Administrator ofthis final rule does not affectthe finality ofthis rulefor the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness of such rule oraction. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
Listof Subjects

40 CFRPart 52
Environmental protection, Air pollution control, Intergovernmental relations, Reporting and Recordkeeping requirements, Particulate matter.
40 CFRPart81

Air Pollution Control, National parks, Wilderness areas.

Dated: July6,2006. William T. Wisniewski, ActingRegional Administrator, RegionIII.-

. 40CFA Parts 52 and 81 are amended

as follows:

PART 52-[AMENDED]

1.The authority citationfor.40 CFR part 52 continues to read as follows:

Authority: 42.U.S.C. 7401 etseq. Subpart XX-West Virginia

* 2.In§52.2520, thetable in paragraph (e)is amended byadding an entry for the City ofWeirton PM-10 Maintenance Plan at the end ofthe table to read as follows:
§52.2520 Identification of plan.

(e) * * *

State sub- EPA Name of non-regulatory SIP Applicable geographic area mittal approval Additional explanation revision date date

City of Weirton PM-10 Mainte- Hancock and Brooke Counties 4/24/04 7/14/06 [Insertpage number Limited maintenance plan.

nance Plan. (part)-the City of Weirton. where the documentbegins].

PART 81-[AMENDED] Authority: 42U.S.C. 7401 etseq. §81.349 West Virginia. 

### S2.In §81.349, the tablefor "West SubpartC -Section 107Attainment ig n a P

- 0 is me d d b 

### Status Designations Virginia-PM-10" is amended by revisingthe entry for Hancockand

m 1.The authority citation for Part81 Brooke Counties (part): The City of continues to read asfollows: Weirton to read as follows:

WEST VIRGINIA-PM-10
Designation Classification Designated Area Date Type Date Type

Hancock and Brooke Counties (part): The Cityof Weirton

......................... 910 tn t 

### 40024

S9/12/06 Attainment.

HeinOnline -- 71 Fed. Reg. 40024 2006

### Federal Register/Vol. 71, No. 135/Friday, July 14, 2006/Rules and Regulations

WEST 

### VIRGINIA-PIM-i 0-Continued
Designation Classification DsgaeAraDate Type Date Type

[FR Doc. E6-11107 Filed 7-13-06; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agenby

44 CFR Part 206 [Docket IDFEMA-2006--0028]
RIN 1660-AA45

PublicAssistance Eligibility
AGENCY: Federal Emergency Management Agency (FEMA), Department ofHomeland Security (DHS). ACTION: Interim rule with request for comments..
SUMMARY: This interim rule will allow FEMA to reimburse State, Tribal and localgovernments within an area designated under a Presidential emergency or major disasterdeclaration for sheltering and evacuation costs incurred outside ofthe designated area. Under this rule, FEMA may also directly provide sheltering and evacuation assistance outside ofthe designated

area. DATES: Effective: This rule is effective July 14, 2006. Comments:Comments due onor before September 12, 2006. ADDRESSES: You may submit comments, identified by Docket ID FEMA-2006- 0028, by one ofthe following methods:

Federal eRulemaking Portal:http:// www.regulations.gov.Follow the instructions forsubmitting comments.

E-mail: FEMA-BULES@dhs.gov. Include Docket ID FEMA-2006-0028 in the subject line ofthe message.

Fax: 202-646-4536 Mail/Hand Delivery/Courier: Rules Docket Clerk, Office ofGeneral Counsel, Federal Emergency Management' Agency, Room 835, 500 C Street, SW., Washington, DC 20472.

Instructions:All Submissions received must include the agency name and Docket ID (if available) for this interim final rule. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments, see the "Public Participation" heading ofthe SUPPLEMENTARY INFORMATION section of this document.

Docket:For access to the docket to read background documents or comments received,go to the Federal eRulemaking Portal athttp:// www.regulations.gov.Submitted comments may also be inspected at FEMA, Office ofGeneral Counsel, 500C Street, SW., Room 835, Washington, DC 20472. FOR FURTHER INFORMATION CONTACT: James A. Walke, FEMA, 500 C Street, SW., Washington, DC 20472, or call (202) 646-2751, or e-mail james.walke@dhs.gov.
SUPPLEMENTARY INFORMATION:
Public Participation

Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects ofthe interim rule. FEMA also invites comments that relate to the economic, environmental,
or federalism affects that might result from this interim rule. Comments that will providethe most assistance to FEMA in developing these procedures will reference a specific portion ofthe interim rule, explain the reason forany recommended change, and include data, information, orauthority that support such recommended change.

Instructions: All submissions received must include the agency name and Docket ID forthis rulemaking.All comments receivedwill be posted without changeto http:// www.regulations.gov,including any personal information provided.

Docket:For access to the docket to read background documents or comments received,go to http:// www.regulations.gov.Submitted comments may also be inspected at Office ofGeneral Counsel, Federal Emergency Management Agency, 500 C Street, SW., Room 835, Washington, DC 20472. Background

In response to Hurricanes Katrina and Rita in 2005, pre- and post-storm evacuations created a significantneed for evacuation andsheltering outside of the counties and States that were initiallydesignated eligiblefor assistance underthe emergency and major disaster declarations. State and local governmental entities outside of the designated areas provided transportation and shelterfor evacuees and, as aresult, incurred significant costs. However, FEMA's existing regulation required that the eligible workbe performed within the ,designated disaster (or emergency) area. 44 CFR 206.223(a)(2). Therefore, in order forthe non-designated State and local governments to recoup their eligible costs, the States were required to request and obtain approval for a separate emergency declaration. Otherwise, there was no mechanism whereby FEMA could provide assistance to those entities that provided evacuation and sheltering services outside the designated areas. Discussion ofInterim Rule

This interim rule implements a changeto 44 CFR 206.223(a)(2). This rule will allow FEMA to reimbursefor sheltering and evacuation costs incurred outside ofthe area designated under a Presidentia emergency or major disaster declaration, if the costs are otherwise eligible for PublicAssistance funding. Under this rule, an eligible applicant (as defined in44 CFR 206.222) within the designated disasterarea may requestan entityoutside ofthe designated areato provide evacuation and sheltering services for its citizens. In such circumstances, the entity that provides the evacuation or sheltering services may seek reimbursement under a mutual aid or similaragreement 1 from the eligible applicantwithin the designated area that requested the services. The eligible applicantwill reimburse the providing entity and FEMA willthen reimburse the eligible applicant. Alternatively, FEMA may request an entity outside ofthe designated area to provide evacuation and sheltering services forthe affected

' IMutual aid agreements where one State or local government reimburses another State or local government for services provided take many forms,' including the Emergency Management Assistance Compact, Public Law 104-321. 

### 40025

HeinOnline -- 71 Fed. Reg. 40025 2006