[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Rules and Regulations]
[Pages 55417-55419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22084]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0436; FRL-9725-1]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Section 110(a)(2) Infrastructure Requirements for the 
2008 Lead National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of West Virginia. This SIP revision addresses 
the infrastructure program elements specified in Clean Air Act (CAA) 
section 110(a)(2) necessary to implement, maintain, and enforce the 
2008 lead national ambient air quality standards (NAAQS).

DATES: This final rule is effective on October 10, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0436. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 through www.regulations.gov or in hard 
copy 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. 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 V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background

    Section 110(a) of the CAA requires states to submit SIP revisions 
that

[[Page 55418]]

provide for the implementation, maintenance, and enforcement of new or 
revised NAAQS within three years following the promulgation of such 
NAAQS. Section 110(a)(2) of the CAA directs all states to develop and 
maintain an air quality management infrastructure that includes 
enforceable emission limitations, an ambient monitoring program, an 
enforcement program, air quality modeling capabilities, and adequate 
personnel, resources, and legal authority.
    On July 3, 2012 (77 FR 39458), EPA published a notice of proposed 
rulemaking (NPR) for the State of West Virginia. In the NPR, EPA 
proposed approval of West Virginia's submittal which provides the basic 
program elements specified in CAA section 110(a)(2)(A), (B), (C), (D), 
(E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof, 
necessary to implement, maintain, and enforce the 2008 lead NAAQS. The 
formal SIP revision was submitted by West Virginia on October 26, 2011.

II. Summary of SIP Revision

    The SIP revision addresses the infrastructure elements specified in 
CAA section 110(a)(2)(A) through (M) for the implementation, 
maintenance and enforcement of the 2008 lead NAAQS in West Virginia. 
Specifically, West Virginia's submittal addressed the following 
infrastructure elements in CAA section 110(a)(2): (A), (B), (C), (D), 
(E), (F), (G), (H), (J), (K), (L), and (M). Specific requirements of 
section 110(a)(2) as well as the rationale supporting EPA's proposed 
action are explained in the NPR and the technical support document and 
will not be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving West Virginia's SIP revision regarding the 
infrastructure program elements specified in CAA section 110(a)(2)(A), 
(B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions 
thereof, necessary to implement, maintain, and enforce the 2008 lead 
NAAQS. This action does not include approval of portions of CAA section 
110(a)(2)(C), and 110(a)(2)(I) in its entirety, which pertain to the 
nonattainment requirements of part D, Title I of the CAA. These two 
elements, and portions thereof, are not required to be submitted by the 
3-year submission deadline of CAA section 110(a)(1), and thus will be 
addressed in a separate process. Additionally, EPA is taking separate 
action on the portions of CAA section 110(a)(2) infrastructure elements 
for the 2008 lead NAAQS as they relate to part C of Title I of the CAA, 
including section 110(a)(2)(C), (D) and (J) of the CAA. See 77 FR 45302 
(July 31, 2012).

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 (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 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 9, 2012. 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. This action, which approves the CAA section 110(a)(2) 
infrastructure requirements of West Virginia for the 2008 lead NAAQS, 
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, Reporting and recordkeeping requirements.

    Dated: August 23, 2012.
W.C. Early,
Acting Regional Administrator, 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.

[[Page 55419]]

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (e) is amended by adding 
entries at the end of the table for Section 110(a)(2) Infrastructure 
Requirements for the 2008 Lead NAAQS to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

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                                     Applicable  geographic or    State  submittal
Name of non-regulatory SIP revision      nonattainment  area            date                  EPA approval date              Additional explanation
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                                                                      * * * * * * *
Section 110(a)(2) Infrastructure     Statewide................  10/26/11............  9/10/12 [Insert Federal Register  This action addresses the
 Requirements for the 2008 Lead                                                        page number where the document    following CAA elements:
 NAAQS.                                                                                begins and date].                 110(a)(2)(A), (B), (C), (D),
                                                                                                                         (E), (F), (G), (H), (J), (K),
                                                                                                                         (L), and (M), or portions
                                                                                                                         thereof.
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[FR Doc. 2012-22084 Filed 9-7-12; 8:45 am]
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