	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2009-0110; FRL-       ]

Approval and Promulgation of Air Quality Implementation Plans;

West Virginia; Amendments to the Control of Air Pollution from
Combustion of Refuse

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

SUMMARY:  EPA is taking direct final action to approve a revision to the
West Virginia State Implementation Plan (SIP).  The SIP revision amends
a regulation to control air pollution from combustion of refuse.  EPA is
approving these revisions in accordance with the requirements of the
Clean Air Act (CAA).

DATES:  This rule is effective on [Insert date 60 days after publication
in the Federal Register]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  If EPA receives such comments, it will publish a
timely withdrawal of the direct final rule in the Federal Register and
inform the public that the rule will not take effect.

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2009-0110 by one of the following methods:

A.  www.regulations.gov.  Follow the on-line instructions for submitting
comments.

B.  E-mail:    HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

C.  Mail:  EPA- R03-OAR-2009-0110, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

D.  Hand Delivery:  At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket(s normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.

Instructions:  Direct your comments to Docket ID No.
EPA-R03-OAR-2009-0110.  EPA's policy is that all comments received will
be included in the public docket without change, and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.  Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov or
e-mail.  The www.regulations.gov website is an (anonymous access(
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.  If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy 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, WV
25304.

FOR FURTHER INFORMATION CONTACT:  Rose Quinto,<PHONE_NUMBER>, or by
e-mail at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

SUPPLEMENTARY INFORMATION:

I.  Background

On April 25, 2008, the West Virginia Department of Environmental
Protection (WVDEP) submitted a revision to its State Implementation Plan
(SIP) for the control of air pollution from combustion of refuse.  This
SIP revision replaces the current 45CSR6 approved by EPA on

April 10, 2003 (68 FR 6627).

II.  Summary of SIP Revision

This SIP revision consists of amendments to West Virginia’s Rule
45CSR6, which establishes emission standards for particulate matter and
requirements for activities involving incineration of refuse, which are
not subject to, or are exempted from, regulation under various Federal
counterpart regulations for specific combustion source categories.  This
SIP revision prohibits, with limited exception, open burning and sets
forth the registration, permitting, reporting, testing, emergency,
natural disaster, and exemption provisions for activities involving the
combustion of refuse and land clearing debris.  This SIP revision does
not prohibit bonfires, campfires or other forms of open burning for the
purposes of personal enjoyment and comfort.

Definitions were revised in this SIP revision as follows:  (1)
Definitions for “Agency Administrator,” “CFR,” “Prescribed
Burning,” and “Secretary” were added; (2) Definitions for “Clean
Lumber,” “Director,” “Wood Waste,” and “Yard Waste” were
removed; and (3) Definitions for “Incinerator,” “ Incinerator
Capacity,” “Opacity,” “Open Burning,” “Pathological
Waste,” and “Refuse” were amended.

This SIP revision has new provisions for open burning or incineration of
animal or poultry carcasses during a declared state of emergency
involving highly contagious animal or poultry disease, and a new
provision for prescribed burning as approved by the West Virginia
Division of Forestry.  The SIP revision has also a revised language and
a new definition for pathological waste incinerators burning at least 90
percent pathological waste, which are exempted from 45CSR18.

Other revisions to the rule include a revised title, addition of new
language for posted incinerator operating instructions, a new exemption
section, and general language clarification and correction.

III.  Final Action

EPA is approving the amendments of Rule 45CSR6 – Control of Air
Pollution from Combustion of Refuse, as a revision to the West Virginia
SIP.  This SIP revision was submitted by WVDEP on April 25, 2008.

EPA is publishing this rule without prior proposal because the Agency
views this as a noncontroversial amendment and anticipates no adverse
comment.  However, in the (Proposed Rules( section of today(s Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on [Insert date 60 days from date of
publication in the Federal Register] without further notice unless EPA
receives adverse comment by [Insert date 30 days from date of
publication in the Federal Register].  If EPA receives adverse comment,
EPA will publish a timely withdrawal in the Federal Register informing
the public that the rule will not take effect.  EPA will address all
public comments in a subsequent final rule based on the proposed rule.
EPA will not institute a second comment period on this action.  Any
parties interested in commenting must do so at this time.  Please note
that if EPA receives adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment.

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 (Public Law 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 [Insert date 60 days from date of publication of
this document in the Federal Register].  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 Federal
Register, rather than file an immediate petition for judicial review of
this direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking.

This action pertaining to the amendments of West Virginia’s regulation
to control air pollution from combustion of refuse, 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, Particulate matter, Recordkeeping and reporting.

                William T. Wisniewski, Acting

                 Regional Administrator

__March 4, 2009_____
___________/s/_______________

Dated:                                				William T. Wisniewski,

                                      				Acting Regional Administrator,

                                      				Region III.

40 CFR Part 52 is amended as follows:

PART 52 - [AMENDED]

1.  The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart XX ( West Virginia

2.  In ( 52.2520, the table in paragraph (c) is amended by revising the
entries for 45CSR6, Sections 45-6-1 through 45-6-11 and adding an entry
for 45CSR6, Section 45-6-12.  The amendments read as follows:

( 52.2520  	Identification of plan.

*	*	*	*	*

(c) * * *

	EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP

State citation

[Chapter 16(20 or 45CSR]	Title/subject	State effective date	EPA approval
date	Additional explanation

*    *    *    *    *    *    *

[45CSR]  Series 6	Control of Air Pollution From Combustion of Refuse

Section 45-6-1	General	6/1/08	[Insert Federal Register publication date]
[Insert page number where the document begins]	Added subsection 1.1.a.

Section 45-6-2	Definitions	6/1/08	[Insert Federal Register publication
date] [Insert page number where the document begins]	Terms added:
“Agency Administrator,” “CFR,” “Prescribed Burning,” and
“Secretary.”

Terms removed: “Clean Lumber,” “Director,” “Wood Waste,” and
“Yard Waste.”

Terms amended: “Incinerator,” “Incinerator Capacity,”
“Opacity,” “Open Burning,” “Pathological Waste,” and
“Refuse.”

Section 45-6-3	Open Burning Prohibited	6/1/08	[Insert Federal Register
publication date] [Insert page number where the document begins]	Added
subsection 3.1.e. (3.1.e.1 through 3.1.e.6).

Revised subsections 3.1, 3.1.b, 3.1.c.3, and 3.2.a.

Section 45-6-4	Emission Standards for Incinerators	6/1/08	[Insert
Federal Register publication date] [Insert page number where the
document begins]	Deleted subsections 4.8, and 4.8.a through 4.8.d.

Revised subsections 4.1, 4.2, 4.3, 4.5, 4.7 and 4.8.e.

Added subsections 4.9 and 4.10.

Section 45-6-5	Registration	6/1/08	[Insert Federal Register publication
date] [Insert page number where the document begins]	Revised subsection
5.1.

Section 45-6-6	Permits	6/1/08	[Insert Federal Register publication date]
[Insert page number where the document begins]	Revised subsections 6.1,
6.1.a.3, 6.1.a.4, 6.1.b.3, 6.1.b.5, 6.1.b.6, and 6.1.b.7.

Added subsection 6.2.

Section 45-6-7	Reports and Testing	6/1/08	[Insert Federal Register
publication date] [Insert page number where the document begins]	Revised
subsections 7.1 and 7.2.

Section 45-6-8	Variances	6/1/08	[Insert Federal Register publication
date] [Insert page number where the document begins]	Revised subsections
8.1 and 8.2.

Section 45-6-9	Emergencies and Natural Disasters	6/1/08	[Insert Federal
Register publication date] [Insert page number where the document
begins]	Revised subsection 9.1.

Added subsections 9.1.c, 9.2, and 9.2.a through 9.2.c.

Section 45-6-10	Exemptions	6/1/08	[Insert Federal Register publication
date] [Insert page number where the document begins]	New Section

Section 45-6-11	Effect of the Rule	6/1/08	[Insert Federal Register
publication date] [Insert page number where the document begins]
Recodified – formerly section 45-6-10.

Section 45-6-12	Inconsistency Between Rules	6/1/08	[Insert Federal
Register publication date] [Insert page number where the document
begins]	Recodified – formerly section 45-6-11.

Revised subsection 12.1.

*    *    *    *     *     *     *

 PAGE

 PAGE   2

 PAGE  13


[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Rules and Regulations]
[Pages 10995-10998]
[FR Doc No: 2014-04168]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0645; FRL-9907-08-Region 5]

Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Transportation Conformity Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Wisconsin
on August 1, 2013, for the purpose of establishing transportation
conformity ``Conformity'' criteria and procedures related to
interagency consultation, and enforceability of certain transportation
related control and mitigation measures. This revision replaces
Wisconsin's

Conformity SIP that was approved on August 27, 1996.

DATES: This direct final rule will be effective April 28, 2014, unless
EPA receives adverse comments by March 31, 2014. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0645, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0645. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Michael Leslie, Environmental Engineer,
at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for this action?
II. What is EPA's analysis of Wisconsin's SIP revision?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    Transportation conformity is required under section 176(c) of the
Clean Air Act (Act) to ensure that transportation planning activities
are consistent (``conform to'') with air quality planning goals in
nonattainment/maintenance areas. The transportation conformity
regulation is found in 40 CFR part 93 and provisions related to
transportation conformity SIPs are found in 40 CFR 51.390.
Transportation conformity applies to areas that are designated
nonattainment or maintenance for the following transportation related
criteria pollutants: Ozone, particulate matter (PM2.5 and
PM10), carbon monoxide, and nitrogen dioxide.
    EPA originally promulgated the Federal transportation conformity
criteria and procedures (``Transportation Conformity Rule'') on
November 24, 1993 (58 FR 62188). On August 10, 2005, the ``Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users'' (SAFETEA-LU) was signed into law. SAFETEA-LU revised
section 176(c) of the Act which contains transportation conformity
provisions. SAFETEA-LU streamlined the requirements for conformity
SIPs. Under SAFETEA-LU, states are required to address and tailor only
three sections of the rules in their conformity SIPs: 40 CFR 93.105, 40
CFR 93.122(a)(4)(ii), and, 40 CFR 93.125(c). States are no longer
required to submit conformity SIP revisions that address the other
sections of the conformity rule. Wisconsin's SIP revision updates the
state's transportation conformity provisions, to be consistent with the
Act as amended by SAFETEA-LU and EPA regulations (40 CFR part 93 and 40
CFR 51.390).

II. What is EPA's analysis of Wisconsin's SIP revision?

    A conformity SIP can be adopted as a state rule, as a memorandum of
understanding (MOU), or memorandum of agreement (MOA). The appropriate
form of the state conformity procedures depends upon the requirements
of local or state law, as long as the selected form complies with all
Act requirements for adoption, submission to EPA, and implementation of
SIPs. EPA will accept state conformity SIPs in any form provided the
state can demonstrate to EPA's satisfaction that, as a matter of state
law, the state has adequate authority to compel compliance with the
requirements of the conformity SIP.
    Wisconsin concluded that this SIP revision in the form of a MOA
will be enforceable through a number of Wisconsin Statutes, as with
their original conformity SIP. These statutes authorize state agencies
to enter into legally binding cooperative contracts for the receipt or
furnishing of services. Wisconsin collaborated with the Wisconsin
Department of Transportation (WisDOT), EPA, Federal Highway
Administration (FHWA), Federal Transit Administration, the Southeast
Regional Planning Commission (SEWRPC), Bay-Lake Regional Planning
Commission (BLRPC), to develop the Transportation Conformity MOA. This
MOA was agreed upon and signed by all of the above consultation
parties.

    EPA has evaluated this SIP submission and finds that the state has
addressed the requirements of the Federal transportation conformity
rule as described in 40 CFR part 51, subpart T and 40 CFR part 93,
subpart A. The transportation conformity rule requires the states to
develop their own processes and procedures for interagency consultation
and resolution of conflicts meeting the criteria in 40 CFR 93.105. The
SIP revision did include processes and procedures to be followed by the
MPO, state DOT, and U.S. DOT in consulting with the state and local air
quality agencies and EPA before making transportation conformity
determinations. Their transportation conformity SIP also included
processes and procedures for the state and local air quality agencies
and EPA to coordinate the development of applicable SIPs with MPOs,
state DOTs, and U.S. DOT, and requires written commitments to control
measures and mitigation measures (40 CFR 93.122(a)(4)(ii) and
93.125(c)).
    EPA's review of the Wisconsin SIP revision indicates that is
consistent with the Act as amended by SAFETEA-LU and EPA regulations
(40 CFR part 93 and 40 CFR 51.390) governing state procedures for
transportation conformity and interagency consultation and has
concluded that the submittal is approvable.

III. What action is EPA taking?

    EPA is approving a SIP revision submitted by the State of
Wisconsin, for the purpose of establishing transportation conformity
criteria and procedures related to interagency consultation, and
enforceability of certain transportation related control and mitigation
measures.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective April 28, 2014
without further notice unless we receive relevant adverse written
comments by March 31, 2014. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective April
28, 2014.

IV. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act 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 Act. 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 Act; 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 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).
    Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 28, 2014. 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 Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action 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, Intergovernmental relations, Ozone, Particulate matter,
Volatile organic compounds.

    Dated: February 10, 2014.
Susan Hedman,
Regional Administrator, Region 5.

    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.

0
2. Section 52.2584 is amended by adding paragraph (c) to read as
follows:

Sec.  52.2584  Control strategy; Particulate matter.

* * * * *
    (c) Approval--On August 1, 2013, the State of Wisconsin submitted a
revision to their Particulate Matter State Implementation Plan. The
submittal established transportation conformity ``Conformity'' criteria
and procedures related to interagency consultation, and enforceability
of certain transportation related control and mitigation measures.

0
3. Section 52.2585 is amended by adding paragraph (bb) to read as
follows:

Sec.  52.2585  Control strategy; Ozone.

* * * * *
    (bb) Approval--On August 1, 2013, the State of Wisconsin submitted
a revision to their Ozone State Implementation Plan. The submittal
established transportation conformity ``Conformity'' criteria and
procedures related to interagency consultation, and enforceability of
certain transportation related control and mitigation measures.

[FR Doc. 2014-04168 Filed 2-26-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Rules and Regulations]
[Page 49510]
[FR Doc No: 2017-23320]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0936]
RIN 1625-AA09

Drawbridge Operation Regulation; Snake Creek; Islamorada, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Snake Creek Bridge across Snake
Creek, at Islamorada, FL. The deviation is necessary to alleviate the
increased traffic congestion on US 1 Highway resulting from relief
efforts after the passing of Hurricane Irma. This deviation allows the
bridge to open once every two hours verses the current operating
regulation. Local officials are requesting this action to assist in
reducing the long line of traffic backups caused by the bridge
openings.

DATES: This deviation is effective without actual notice from October
26, 2017, through 7 a.m. on November 1, 2017. For the purposes of
enforcement, actual notice will be used from 7 a.m. on September 29,
2017, until October 26, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-0936 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email LT Scott Ledee, Chief Waterways
Management Division, U.S. Coast Guard Sector Key West, Coast Guard;
telephone<PHONE_NUMBER>, email; [email protected].

SUPPLEMENTARY INFORMATION: The Village of Islamorada Florida with
concurrence of Florida Department of Transportation, the bridge owner,
has requested a temporary change in the operating regulation for the
Snake Creek Bridge on US Highway 1 crossing Snake Creek in Islamorada,
Florida. The bridge has a vertical clearance of 27 feet in the closed
position. With the passing of Hurricane Irma, the lower Keys have been
devastated. With this increased time between openings, this deviation
will allow a more uninterrupted flow of vehicle traffic carrying
restorative supplies into the lower Keys without severely hindering
vessel traffic. The Snake Creek Drawbridge currently operates under 33
CFR 117.331.
    The deviation period is from 7 a.m. on September 29, 2017 to 7 a.m.
on November 1, 2017. During this period, the bridge will open on
signal, except that from 7 a.m. to 7 p.m. the draw need only open every
two hours, on the hour.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterways through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so that vessel operators can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: October 2, 2017.
Barry L. Dragon,
Director, Bridge Branch, Seventh Coast Guard District.
[FR Doc. 2017-23320 Filed 10-25-17; 8:45 am]
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