83 FR 32062 - 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
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 133 (July 11, 2018)
Federal Register Volume 83, Issue 133 (July 11, 2018)
| Page Range | 32062-32064 | |
| FR Document | 2018-14743 |
[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)] [Rules and Regulations] [Pages 32062-32064] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14743] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: ---------------------------------------------------------------------------------------------------------------- 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 13.7 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 9.1 3.1 ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-14743 Filed 7-10-18; 8:45 am] BILLING CODE 6560-50-P
![32062 Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations
and R–5601F eastern boundaries, evaluation of the United States Army’s 98°25′01″ W; to lat. 34°47′00″ N, long.
extending upward from 40,000 feet MSL April 2018 Final Supplemental 98°17′46″ W; to the point of beginning.
to 60,000 feet MSL. Again, the altitudes Environmental Assessment for the Designated altitudes. 40,000 feet MSL to
60,000 feet MSL.
are defined relative to MSL to highlight Permanent Creation and Utilization of Time of designation. By NOTAM 0830–
that the restricted area is to be used for Restricted Areas R–5602A and R–5602B 1630, Monday–Friday; other times by
other than aircraft operations. at Fort Sill, Oklahoma, has determined NOTAM.
The time of designation for R–5602A that the Army’s Final Supplemental EA Controlling agency. FAA, Fort Worth
and R–5602B is ‘‘By NOTAM 0830– and its supporting documentation ARTCC.
1630, Monday–Friday; other times by adequately assesses and discloses the Using agency. U.S. Army, Commanding
NOTAM.’’ The expected usage for R– environmental impacts of the proposed General, U.S. Army Fires Center of
5602A is approximately 8 hours per day action. Based on the evaluation for Excellence (USAFCOE) and Fort Sill, Fort
most weekdays, consistent with in- Sill, OK.
potential environmental impact in the
garrison training requirements. The above-mentioned Supplemental EA, the R–5602B Fort Sill, OK [New]
expected usage for R–5602B is FAA, as the Cooperating Agency, Boundaries. Beginning at lat. 34°49′30″ N,
approximately 25 days per year. concluded that adoption of the EA for long. 98°08′43″ W; to lat. 34°36′36″ N, long.
During times when the restricted the Permanent Creation and Utilization 98°08′43″ W; to lat. 34°38′15″ N, long.
areas are not needed by the using of Restricted Area R–5602A/B is 98°17′01″ W; to lat. 34°46′06″ N, long.
agency, the airspace will be returned to 98°17′01″ W; to the point of beginning.
authorized in accordance with 40 CFR Designated altitudes. 40,000 feet MSL to
the FAA controlling agency, Fort Worth 1506.3, Adoption. Accordingly, FAA
Air Route Traffic Control Center 60,000 feet MSL.
adopts the Army’s Supplemental EA Time of designation. By NOTAM 0830–
(ARTCC), and will be available for and is issuing a Finding of No 1630, Monday–Friday; other times by
access by other airspace users. Significant Impact and Record of NOTAM.
Regulatory Notices and Analyses Decision (FONSI/ROD) for the project as Controlling agency. FAA, Fort Worth
a Cooperating Agency. The FONSI/ROD ARTCC.
The FAA has determined that this Using agency. U.S. Army, Commanding
documents the FAA’s determination
regulation only involves an established General, U.S. Army Fires Center of
that the project, as proposed, would not Excellence (USAFCOE) and Fort Sill, Fort
body of technical regulations for which
frequent and routine amendments are result in significant impacts to the Sill, OK.
necessary to keep them operationally human environment and that an
Issued in Washington, DC, on July 2, 2018.
current. It, therefore: (1) Is not a Environmental Impact Statement (EIS)
is therefore not necessary. A copy of the Rodger A. Dean Jr.,
‘‘significant regulatory action’’ under Manager, Airspace Policy Group.
Executive Order 12866; (2) is not a Supplemental EA and FONSI/ROD is
available upon request by contacting [FR Doc. 2018–14783 Filed 7–10–18; 8:45 am]
‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory Gregory L. Hines, Operations Support BILLING CODE 4910–13–P
Policies and Procedures (44 FR 11034; Group, Central Service Center, Federal
February 26, 1979); and (3) does not Aviation Administration, 10101
Hillwood Parkway, Fort Worth, Texas ENVIRONMENTAL PROTECTION
warrant preparation of a regulatory
76177, telephone: (817) 222–5866. AGENCY
evaluation as the anticipated impact is
so minimal. Since this is a routine List of Subjects in 14 CFR Part 73 40 CFR Part 52
matter that only affects air traffic Airspace, Prohibited areas, Restricted
procedures and air navigation, it is [EPA–R03–OAR–2011–0511; FRL–9980–
areas. 36—Region 3]
certified that this rule, when
promulgated, does not have a significant The Amendment
Approval and Promulgation of Air
economic impact on a substantial In consideration of the foregoing, the Quality Implementation Plans; West
number of small entities under the Federal Aviation Administration Virginia; Revised Motor Vehicle
criteria of the Regulatory Flexibility Act. amends 14 CFR part 73 as follows: Emission Budgets for the Charleston,
Environmental Review Huntington, Parkersburg, Weirton, and
PART 73—SPECIAL USE AIRSPACE Wheeling 8-Hour Ozone Maintenance
The FAA has determined that this
action establishing two restricted areas, ■ 1. The authority citation for part 73 Areas; Correction
R–5602A and R–5602B, which partially continues to read as follows: AGENCY: Environmental Protection
overlay portions of the R–5601 Authority: 49 U.S.C. 106(f), 106(g); 40103, Agency (EPA).
restricted area complex at Fort Sill, OK, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, ACTION: Final rule; correcting
qualifies for FAA adoption in 1959–1963 Comp., p. 389. amendment.
accordance with FAA Order 1050.1F,
§ 73.56 [Amended] SUMMARY: This document corrects an
paragraphs 8–2 and 9–2, Adoption of
Other Agencies’ National ■ 2. Section 73.56 is amended as error in the language of a final rule
Environmental Policy Act Documents, follows: pertaining to Environmental Protection
and Written Re-evaluations, and Agency (EPA)’s approval of the revised
* * * * *
7400.2L, paragraph 32–2–3. The motor vehicle emissions budgets for the
purpose of creating and utilizing the R–5602A Fort Sill, OK [New] Charleston, Huntington, Parkersburg,
restricted areas is to safely segregate Boundaries. Beginning at lat. 34°46′45″ N, Weirton, and Wheeling 8-hour ozone
private and commercial aircraft from long. 98°17′01″ W; to lat. 34°38′15″ N, long. maintenance areas. The previous
daltland on DSKBBV9HB2PROD with RULES
above-the-horizon hazardous laser 98°17′01″ W; to lat. 34°38′15″ N, long. rulemaking amended the maintenance
activities while supporting the U.S. 98°37′57″ W; to lat. 34°40′54″ N, long. plans’ 2009 and 2018 motor vehicle
98°37′56″ W; to lat. 34°42′07″ N, long. emissions budgets (MVEBs) submitted
Army emerging high trajectory kinetic 98°37′20″ W; to lat. 34°43′21″ N, long.
and directed energy laser weapons 98°36′02″ W; to lat. 34°43′30″ N, long. by the State of West Virginia.
training mission. The FAA, after 98°35′40″ W; to lat. 34°45′03″ N, long. DATES: This final correcting amendment
conducting an independent review and 98°29′46″ W; to lat. 34°46′15″ N, long. is effective on July 11, 2018.
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§ 52.2532 Motor vehicle emissions emissions budgets (MVEBs) for the Environmental Protection on March 14,
budgets. Charleston, West Virginia 8-hour ozone 2011:
(a) EPA approves the following maintenance area submitted by the
revised 2009 and 2018 motor vehicle Secretary of the Department of
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 13.7 17.1
* * * * * emissions budgets (MVEBs) for the Secretary of the Department of
(e) EPA approves the following Wheeling, West Virginia 8-hour ozone Environmental Protection on March 14,
revised 2009 and 2018 motor vehicle maintenance area submitted by the 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 9.1 3.1
* * * * * the http://www.regulations.gov website. NAAQS at 15.0 mg/m3 but revised the
[FR Doc. 2018–14743 Filed 7–10–18; 8:45 am] Although listed in the index, some 24-hour PM2.5 NAAQS to 35 mg/m3,
BILLING CODE 6560–50–P information is not publicly available, based on the 3-year average of the 98th
e.g., Confidential Business Information percentile of 24-hour concentrations.2
(CBI) or other information whose Effective December 14, 2009, the EPA
ENVIRONMENTAL PROTECTION disclosure is restricted by statute. established initial air quality
AGENCY Certain other material, such as designations under subpart 1 of the Act
copyrighted material, is not placed on for most areas in the United States for
40 CFR Parts 52 and 81 the internet and will be publicly the 2006 24-hour PM2.5 NAAQS,
[EPA–R09–OAR–2018–0181; FRL–9980– available only in hard copy form. including the Chico area.3 4 Under
49—Region 9] Publicly available docket materials are subpart 1, within three years of the
available through http:// effective date of designations, states
Approval and Promulgation of Air www.regulations.gov, or please contact
Quality State Implementation Plans; with areas designated as nonattainment
the person identified in the FOR FURTHER for the 2006 24-hour PM2.5 NAAQS are
California; Chico Redesignation INFORMATION CONTACT section for
Request and Maintenance Plan for the required to submit SIP revisions that,
additional availability information. among other elements, provide for
2006 24-Hour PM2.5 Standard
FOR FURTHER INFORMATION CONTACT: implementation of reasonably available
AGENCY: Environmental Protection Ginger Vagenas, Air Planning Office control measures (RACM), reasonable
Agency (EPA). (AIR–2), Environmental Protection further progress (RFP), attainment of the
ACTION: Final rule. Agency, Region IX, (415) 972–3964, standard as expeditiously as practicable
vagenas.ginger@epa.gov. but no later than five years from the
SUMMARY: The Environmental Protection nonattainment designation (in this
SUPPLEMENTARY INFORMATION:
Agency (EPA) is taking final action to instance, no later than December 14,
Throughout this document, ‘‘we,’’ ‘‘us,’’
approve, as a revision of the California 2014), as well as contingency
or ‘‘our’’ refer to the EPA.
state implementation plan (SIP), the measures.5 6 Prior to the due date for
State’s request to redesignate the Chico Table of Contents
nonattainment area to attainment for the 2 71 FR 61144.
I. Background
2006 24-hour fine particulate matter II. Today’s Final Actions 3 All 1997 and 2006 PM2.5 NAAQS areas were
(PM2.5) National Ambient Air Quality III. What are the effects of today’s actions? designated under subpart 1 of the Act. Subpart 1
Standard (NAAQS or ‘‘standard’’). The IV. Statutory and Executive Order Reviews contains the general requirements for
EPA is also taking final action to nonattainment areas for any pollutant governed by
I. Background a NAAQS and is less prescriptive than the other
approve the PM2.5 maintenance plan subparts of title I, part D. See 74 FR 58688
and the determination that On July 18, 1997, the EPA established (November 13, 2009).
contributions from motor vehicle the first air quality standards for PM2.5.1 4 The boundaries for this area are described in 40
emissions in the Chico nonattainment The EPA promulgated an annual CFR 81.305.
5 See CAA sections 172(a)(2), 172(c)(1), 172(c)(2),
area are insignificant. The EPA is standard at a level of 15.0 micrograms and 172(c)(9).
approving this revision because it meets per cubic meter (mg/m3) based on a 3- 6 In response to a decision issued by the D.C.
the requirements of the Clean Air Act year average of annual mean PM2.5 Circuit (Natural Resources Defense Council v. EPA,
(CAA or ‘‘the Act’’) and EPA guidance concentrations. In the same rulemaking, 706 F.3d 428 (D.C. Cir. 2013), the EPA subsequently
for such plans. the EPA promulgated a 24-hour identified all PM2.5 nonattainment areas for the
daltland on DSKBBV9HB2PROD with RULES
1997 and 2006 NAAQS as ‘‘moderate’’
DATES: This rule is effective on August standard of 65 mg/m3 based on a 3-year nonattainment areas under subpart 4 and
10, 2018. average of the 98th percentile of 24-hour established a new SIP submission date of December
ADDRESSES: The EPA has established a concentrations. On October 17, 2006, 31, 2014, for moderate area attainment plans and for
the EPA retained the annual average any additional attainment-related or nonattainment
docket for this action under Docket ID new source review plans necessary for areas to
No. EPA–R09–OAR–2018–0181. All comply with the requirements applicable under
documents in the docket are listed on 1 62 FR 38652. subpart 4. We also noted that the moderate area
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Document Created: 2018-07-10 23:53:21
Document Modified: 2018-07-10 23:53:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; correcting amendment. | |
| Dates | This final correcting amendment is effective on July 11, 2018. | |
| Contact | Gregory Becoat, (215) 814-2046 or by email at [email protected] | |
| FR Citation | 83 FR 32062 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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