[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Rules and Regulations]
[Pages 79539-79541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32647]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FDMS Docket No. EPA-R03-OAR-2011-0511; FRL-9609-1]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Revised Motor Vehicle Emission Budgets for the 
Charleston, Huntington, Parkersburg, Weirton, and Wheeling 8-Hour Ozone 
Maintenance Areas; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendment.

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SUMMARY: This document corrects an error in the rule language of a 
direct final rule pertaining to EPA's approval of the revised motor 
vehicle emissions budgets for the Charleston, Huntington, Parkersburg, 
Weirton, and Wheeling 8-hour ozone maintenance areas. The previous 
rulemaking amended the maintenance plans' 2009 and 2018 motor vehicle 
emissions budgets (MVEBs) submitted by the State of West Virginia.

DATES: Effective date: December 22, 2011.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' are used we mean EPA. On September 15, 2011 (76 FR 
56795), we published a final rulemaking action announcing our approval 
of revised mobile emissions budgets for the Charleston, Huntington, 
Parkersburg, Weirton, and Wheeling 8-hour ozone maintenance areas. In 
this document, in 40 CFR 52.2532, we inadvertently approved incorrect 
emissions budgets for the Charleston and Wheeling maintenance areas. 
The intent of the rule is to correct those emissions budgets. This 
action corrects the erroneous language.
    In rule document 2011-23261, published in the Federal Register on 
September 15, 2011 in 76 FR 56795 on page 56981, paragraphs 52.2532(a) 
and 52.2532(e) are corrected to read as follows:
    (a) EPA approves the following revised 2009 and 2018 motor vehicle 
emissions budgets (MVEBs) for the Charleston, West Virginia 8-hour 
ozone maintenance area submitted by the Secretary of the Department of 
Environmental Protection on March 14, 2011:

[[Page 79540]]



----------------------------------------------------------------------------------------------------------------
                                                                                   Tons per day    Tons per day
                   Applicable geographic area                          Year          (TPD) VOC       (TPD) NOX
----------------------------------------------------------------------------------------------------------------
Charleston Area (Kanawha and Putnam Counties)...................            2009            16.7            38.9
Charleston Area (Kanawha and Putnam Counties)...................            2018            13.5            17.1
----------------------------------------------------------------------------------------------------------------

    (e) EPA approves the following revised 2009 and 2018 motor vehicle 
emissions budgets (MVEBs) for the Wheeling, West Virginia 8-hour ozone 
maintenance area submitted by the Secretary of the Department of 
Environmental Protection on March 14, 2011:

----------------------------------------------------------------------------------------------------------------
                                                                                   Tons per day    Tons per day
                   Applicable geographic area                          Year          (TPD) VOC       (TPD) NOX
----------------------------------------------------------------------------------------------------------------
Wheeling Area (Marshall and Ohio Counties)......................            2009            10.4             9.1
Wheeling Area (Marshall and Ohio Counties)......................            2018             7.7             3.1
----------------------------------------------------------------------------------------------------------------

    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
an incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(3)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a significant regulatory action and is therefore 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)). Because 
the agency has made a good cause finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedures Act or any other statute as indicated in the SUPPLEMENTARY 
INFORMATION section above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq), or to sections 202 and 205 of the Unfunded Mandates Reform Act 
of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does 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), nor 
will it 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 
governments, as specified by Executive Order 13132 (64 FR 43255, August 
10, 1999). This rule also is not subject to Executive Order 13045 (62 
FR 19885, April 23, 1997), because it is not economically significant.
    This technical correction action does not involve technical 
standards; 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. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule in accordance with the Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings issued under the executive order. This rule does not impose an 
information collection burden under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq).
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of [insert 
effective date]. 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 correction to 
40 CFR 52.2532 for West Virginia is not a ``major rule'' as defined by 
5 U.S.C. 804(2).

    Dated: December 02, 2011.
W.C. Early,
Acting Regional Administrator, EPA Region III.
    40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart XX--West Virginia

0
2. In Sec.  52.2532 is amended by revising paragraphs (a) and (e) to 
read as follows:


Sec.  52.2532  Motor vehicle emissions budgets.

    (a) EPA approves the following revised 2009 and 2018 motor vehicle 
emissions budgets (MVEBs) for the Charleston, West Virginia 8-hour 
ozone maintenance area submitted by the Secretary of the Department of

[[Page 79541]]

Environmental Protection on March 14, 2011:

----------------------------------------------------------------------------------------------------------------
                                                                                   Tons per day    Tons per day
                   Applicable geographic area                          Year          (TPD) VOC       (TPD) NOX
----------------------------------------------------------------------------------------------------------------
Charleston Area (Kanawha and Putnam Counties)...................            2009            16.7            38.9
Charleston Area (Kanawha and Putnam Counties)...................            2018            13.5            17.1
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) EPA approves the following revised 2009 and 2018 motor vehicle 
emissions budgets (MVEBs) for the Wheeling, West Virginia 8-hour ozone 
maintenance area submitted by the Secretary of the Department of 
Environmental Protection on March 14, 2011:

----------------------------------------------------------------------------------------------------------------
                                                                                   Tons per day    Tons per day
                   Applicable geographic area                          Year          (TPD) VOC       (TPD) NOX
----------------------------------------------------------------------------------------------------------------
Wheeling Area (Marshall and Ohio Counties)......................            2009            10.4             9.1
Wheeling Area (Marshall and Ohio Counties)......................            2018             7.7             3.1
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[FR Doc. 2011-32647 Filed 12-21-11; 8:45 am]
BILLING CODE 6560-50-P