[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Rules and Regulations]
[Pages 62378-62379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25294]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WV 054--6022a; FRL-7381-9]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Ambient Air Quality Standard for Nitrogen Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
West Virginia State Implementation Plan (SIP). This revision 
establishes ambient air quality standards for nitrogen dioxide, 
equivalent to the national primary and secondary ambient air quality 
standards established by EPA. EPA is approving this revision to the SIP 
in accordance with the Clean Air Act.

DATES: This rule is effective on December 6, 2002, without further 
notice, unless EPA receives adverse written comment by November 6, 
2002. 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: Written comments should be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103 
and West Virginia Department of Environmental Protection, Division of 
Air Quality, 7012 MacCorkle Avenue, SE., Charleston, WV 25304-2943.

FOR FURTHER INFORMATION CONTACT: Janice Lewis, (215) 814-2185, or by e-
mail at [email protected]. Please note any comments on this rule 
must be submitted in writing, as provided in the ADDRESSES section of 
this document.

SUPPLEMENTARY INFORMATION: On September 21, 2000, the West Virginia 
Division of Environmental Protection submitted a revision to its SIP to 
establish ambient air quality standards for nitrogen dioxide. The 
revision consists of the adoption of revisions to Regulation 45CSR12--
Ambient Air Quality Standards for Nitrogen Dioxide.

I. Background

A. Summary of the SIP Revision

    This revision restructures and reorganizes Regulation 45CSR12, 
governing the ambient air quality standards for nitrogen dioxide. The 
revision also updates reference test methods for measuring nitrogen 
dioxide concentrations in the ambient air.

B. EPA's Evaluation of the SIP Revision

    The EPA has determined that this revision to 45CSR12--Ambient Air 
Quality Standards for Nitrogen Dioxide meets all federal criteria for 
approval.

II. Final Action

    EPA is approving West Virginia's Rule 45CSR12, submitted as a SIP 
revision on September 21, 2000, into the West Virginia SIP.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
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 December 6, 2002 without further 
notice unless EPA receives adverse comment by November 6, 2002. 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.

III. Administrative Requirements

A. General Requirements

    Under Executive 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 of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements

[[Page 62379]]

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 (Public Law 104-
4). This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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

    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 6, 2002. Filing a 
petition for reconsideration by the Administrator of this final rule 
approving revisions to West Virginia's ambient air quality standards 
for nitrogen dioxide 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: September 13, 2002.
Donald S. Welsh,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    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. Section 52.2520 is amended by adding paragraph (c)(49) to read 
as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *
    (49) Revisions to West Virginia Rule 45CSR12 submitted on September 
21, 2000, by the West Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 21, 2000, from the West Virginia Division 
of Environmental Protection transmitting Regulation 45CSR12--Ambient 
Air Quality Standard for Nitrogen Dioxide.
    (B) Revised Regulation 45CSR12, effective on June 1, 2000.
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(49)(i) of this 
section.
[FR Doc. 02-25294 Filed 10-4-02; 8:45 am]
BILLING CODE 6560-50-P