[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Rules and Regulations]
[Pages 32062-32064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14743]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0511; FRL-9980-36--Region 3]


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: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the language of a final 
rule pertaining to Environmental Protection Agency (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: This final correcting amendment is effective on July 11, 2018.

[[Page 32063]]


FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2046 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On September 15, 2011 (76 FR 56795), EPA 
published a direct final rulemaking action announcing the approval of 
revised mobile emissions budgets for the Charleston, Huntington, 
Parkersburg, Weirton, and Wheeling 8-hour ozone maintenance areas. In 
the Federal Register document at 76 FR 56795, EPA inadvertently 
approved incorrect emissions budgets for the Charleston and Wheeling 
maintenance areas. The correct budgets EPA meant to include were the 
budgets in West Virginia's 2011 submission, available in the docket for 
this rulemaking action and at www.regulations.gov.
    On December 22, 2011 (76 FR 79539), EPA published a correction 
notice; however, the incorrect emissions budgets for the Charleston and 
Wheeling maintenance areas were still inadvertently included again in 
40 CFR 52.2532. The intent of this rulemaking notice is to correct 
those emissions budgets in 40 CFR 52.2532. This action corrects the 
erroneous language. EPA does not expect adverse comments on this 
document as we are simply correcting a technical error in the MVEBs 
table previously approved on December 22, 2011 in 76 FR 79539. The 
Charleston maintenance area (Kanawha and Putnam Counties) MVEBs for 
2018 volatile organic compounds (VOCs) were previously 13.5 tons per 
day (tpd) and are being corrected to 13.7 tpd. The Wheeling maintenance 
area (Marshall and Ohio Counties) MVEBs for 2018 VOCs were previously 
7.7 tpd and are being corrected to 9.1 tpd.
    In the rulemaking published in the Federal Register on December 22, 
2011 in 76 FR 79539 on page 79541 paragraphs 52.2532(a) and (e) are 
corrected. 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. EPA has determined that 
there is good cause for making this 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. EPA finds 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 July 11, 
2018.
    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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: June 21, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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, paragraphs (a) and (e) are revised to read as 
follows:

[[Page 32064]]

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 
Environmental Protection on March 14, 2011:

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                                                                                   Tons per day    Tons per day
                   Applicable geographic area                          Year          (tpd) VOC       (tpd) NOX
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Charleston Area (Kanawha and Putnam Counties)...................            2009            16.7            38.9
Charleston Area (Kanawha and Putnam Counties)...................            2018            13.7            17.1
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    (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:

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                                                                                   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             9.1             3.1
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[FR Doc. 2018-14743 Filed 7-10-18; 8:45 am]
 BILLING CODE 6560-50-P