Daily Rules, Proposed Rules, and Notices of the Federal Government
Throughout this document, whenever “we,” “us,” or “our” is used, we mean EPA. On June 6, 2012, the West Virginia Department of Environmental Protection (WVDEP) submitted a formal revision to its SIP pertaining to amendments of Legislative Rule, 45 CSR 8—Ambient Air Quality Standards. The SIP revision consists of a change in the effective date of the incorporation by reference of the NAAQS and their monitoring reference and equivalent methods. EPA had approved a previous revision of Legislative Rule 45 CSR 8 on September 12, 2012 (77 FR 56125).
This SIP revision is part of an annual submission by WVDEP to update their incorporation by reference of the National Primary and Secondary Ambient Air Quality Standards which are found at 40 CFR Part 50. The SIP revision also updates the incorporation by reference of the Ambient Air Monitoring Reference and Equivalent Methods which are found at 40 CFR Part 53. The amendments to the legislative rule include changes to section 45-8-1 (General) in which the filing and effective dates are changed to reflect the update of the legislative rule. They also include changes to section 45-8-3 (Adoption of Standards) in which the effective dates for the incorporation by reference of the National Primary and Secondary Ambient Air Quality Standards and the Ambient Air Monitoring Reference and Equivalent Methods are also changed to reflect the update of the legislative rule. The filing and effective dates of the legislative rule were updated and changed to May 1, 2012 and June 1, 2012 respectively. The effective date of the incorporation by reference of 40 CFR Part 50 and 40 CFR Part 53 changed from June 16, 2011 to June 1, 2012.
EPA is approving the amendments to Legislative Rule, 45 CSR 8—Ambient Air Quality Standards, into the West Virginia SIP. EPA is publishing this rule without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comment. However, in the “Proposed Rules” section of today's
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
• 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
• 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.
The Congressional Review Act, 5 U.S.C. 801
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 December 28, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's
This action pertaining to the amendments of Legislative Rule 45 CSR 8 may not be challenged later in proceedings to enforce its requirements. (
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.
40 CFR Part 52 is amended as follows:
42 U.S.C. 7401
(c) * * *