  	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2006-0915; FRL-          ]

	Approval and Promulgation of Air Quality Implementation Plans;

	West Virginia; Amendments to the Minor New Source Review Program

AGENCY:     Environmental Protection Agency (EPA).

ACTION:     Direct final rule.

SUMMARY:  EPA is taking direct final action to approve revisions to the
West Virginia State Implementation Plan (SIP).  The revisions set forth
the procedures for stationary source reporting and the criteria for
obtaining a permit to construct and operate a new stationary source
which is not a major stationary source.  The rule establishes the
requirements for obtaining an administrative update to an existing
permit, temporary permit or a general permit, and for filling
notifications and maintaining records of changes not otherwise subject
to the permit requirements of this rule.  The rule establishes public
participation requirements as well as procedures for the transfer,
suspension and revocation of permits.  EPA is approving these revisions
to West Virginia’s SIP in accordance with the requirements of the
Clean Air Act.

             

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-2006-0915 by one of the following methods:

   HYPERLINK "http://www.regulations.gov"  www.regulations.gov .  Follow
the on-line instructions for submitting comments.

     B.    E-mail:  campbell.dave@epa.gov

     C.    Mail:   EPA-R03-OAR-2006-0915, David Campbell, Chief,
Permits and Technical Assessment Branch, Mailcode 3AP11, 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-2006-0915.  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:  Rosemarie Nino, (215) 814-3377, or by
e-

mail at nino.rose@epa.gov. 

SUPPLEMENTARY INFORMATION:  

I.	Background 

 On September 10, 2003, the West Virginia Department of the
Environmental Protection (WVDEP) submitted a formal revision to its
State Implementation Plan (SIP).  The SIP revision consists of
amendments to West Virginia Legislative Rule 45 CSR 13 issued by the
State of West Virginia on March 6, 2003, and effective June 1, 2003. 
The State amended the regulations in order to (1) set forth the
procedures for stationary source reporting and the criteria for
obtaining a permit to construct and operate a new stationary source
which is not a major stationary source and to modify a non-major
stationary source; (2) establishes the requirements for obtaining an
administrative update to an existing permit, temporary permit or a
general permit, and for filling notification and maintaining records of
changes not otherwise subject to the permit requirements of this rule;
and (3) establishes public participation requirements as well as
procedures for the transfer, suspension and revocation of permits.  West
Virginia is seeking approval of these amendments to this rule pursuant
to Sections 110(a)(2)(C) and 112(l) of the Clean Air Act, and 40 CFR
51.160 through 51.164.  

II.	Summary of SIP Revision and Program Review

What is being addressed in this document?

West Virginia Legislative Rule 45 CSR 13 is part of the West Virginia
SIP approved by the USEPA to assure attainment and maintenance of
attainment with the national ambient air quality standards (NAAQS).  The
proposed revision were initiated by the West Virginia Department of the
Environment Protection (WVDEP) as part of an effort to streamline the
permitting program by eliminating unnecessary permitting requirements
for insignificant sources, broadening the general permit mechanism,
reducing agency review timeframes for permit action, modifying
applicability thresholds and reducing application fees for general
permits. 

B.	What are the program changes that EPA is approving?

The amendments are summarized as follows:

1.	Permitting thresholds for modification and stationary sources have
been revised from six (6) pounds per hour (pph) or more or ten (10) tons
per year (tpy) or more to six (6) pph and ten (10) tpy or more, or more
than 144 pounds per calendar day (ppd) in any regulated air pollutant
(Section 2.17.a) and (Section 2.24.b). WVDEP recognizes that both
thresholds, the 6 pph and l0 tpy and the 144 ppd have the potential to
allow some sources to emit up to 26 tons a year without obtaining a
permit, but WVDEP believes the 144 ppd threshold and the Department’s
authority to prevent “statutory air pollution” will serve as useful
backstops in those relatively uncommon situations.

2.	The de minimis list in Table 45-13B has been expanded to include
additional

commercial and residential maintenance and upkeep activities. (Table
45-13B, Nos. 39 and 40).

3.	WVDEP review times have been shortened from 180 day to 90 days for
Class II

general permit registrations; 180 days to 60 days for temporary permits;
and, 180 days to 45 days for Class I general permits (Section 5.7). 
WVDEP will be able to meet the deadlines in this rule. 

4.	Revisions to general permit language to expand authority by removing
“facility-

wide” restriction.  Also, a provision for simpler general permits
(Class I) has been added which does not require public notice for each
Class I registration and requires a smaller fee.  WVDEP has added
general permit requirements to Section 5.12.

5.	A revision to provide authority to revise general permit
registrations through 

administrative updates. (Section 4.)   

6.	A revision to public notice requirements, from a 45-day notice at
draft permit

stage, to a 30-day notice and restored 30-day notice by applicant at
application stage. (Section 8.4.)  

7.	A reduction of registration application fees for general permits from
$1,000 to 

$250 for Class I and $500 for Class II general permits, with an
exception for “small businesses” applying for Class I general
permits.  Also, an exemption for Class I general permits from the
additional fees for NSPS, NESHAPs, etc. (Section 12.1.) 

8.	Revised language which clarifies that commercial display ad and sign

requirements occur contemporaneously with the WVDEP’s legal ad (at
draft permit stage), unless the applicant wishes to place the ad/sign
earlier.  (Section 8.4.a and 8.5.a.)

9.	Various technical revisions to the rule, i.e., changed Director to
Secretary.  

III.	Final Action

EPA is approving these amendments to West Virginia 45 CSR 13 – Permits
for Construction, Modification, Relocation and Operation of Stationary
sources of Air Pollutants, Notification Requirements, Administrative
Updates, Temporary Permits, General Permits and Procedures for
Evaluation as a revision to the state’s minor new source review
program.  The amendments are consistent with 40 CFR 51.160 through
51.164 and sections 110 and 112(l) of the Clean Air Act.

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 Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is not a "significant regulatory action" and therefore is 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).  This action merely approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).  Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it 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).   This rule also does not have tribal implications
because it will 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).  This action also
does not have Federalism implications because it does not 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 government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999).  This
action merely approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.  This rule also is
not subject to Executive Order 13045 (Protection of Children from
Environmental Health Risks and Safety Risks( (62 FR 19885, April 23,
1997), because it is not economically significant.  

In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS.  It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act.  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.  This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 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 rule 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 Clean Air Act, 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 rule 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 may not be challenged later in proceedings
to enforce its requirements.  (See section 307(b)(2).)  EPA is approving
these amendments to West Virginia 45 CSR 13 – Permits for
Construction, Modification, Relocation and Operation of Stationary
sources of Air Pollutants, Notification Requirements, Administrative
Updates, Temporary Permits, General Permits and Procedures for
Evaluation as a revision to the state’s minor new source review
program.

List of Subjects in 40 CFR Part 52 

Environmental protection, Air pollution control, Carbon monoxide,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

January 31, 2007

_________________                   		         
__________________________

Dated:                                				James W. Newsom,

                                      				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
entry 45 CSR 13 to read as follows:

( 52.2520  	Identification of plan.

*	*	*	*	*	

(c) * * * 

	EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP

State citation

[Chapter 16(20 or 45 CSR ]	

Title/subject	

State effective date	

EPA approval date	

Additional explanation/

citation at 40 CFR ( 52.2565



*    *    *    *    *    *    *



45 CSR 13	Permits for Construction, Modification, Relocation and
Operation of Stationary Sources of Air Pollutants, Notification
Requirements, Administrative Updates, Temporary Permits, General
Permits, and Procedures for Evaluation

Section 45-13-1

	General	6/01/03	[Insert Federal Register publication date] [Insert page
number where the document begins]

	Section 45-13-2	Definitions	6/01/03	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Section 45-13-3	Reporting Requirements for Stationary Sources	6/01/03
[Insert Federal Register publication date] [Insert page number where the
document begins]

	Section 45-13-4	Administrative Updates to Existing Permits and General
Permit Registrations	6/01/03	[Insert Federal Register publication date]
[Insert page number where the document begins]	Section Title Changed

Section 45-13-5	Permit Application and Reporting Requirements for
Construction of and Modifications to Stationary Sources.	6/01/03	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	Section 45-13-6	Determination of Compliance of Stationary Sources
6/01/03	[Insert Federal Register publication date] [Insert page number
where the document begins]

	Section 45-13-7	Modeling	6/01/03	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Section 45-13-8	Public Review Procedures	6/01/03	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Section 45-13-9	Public Meetings	6/01/03	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Section 45-13-10	Permit Transfer, Suspension, Revocation and
Responsibility	6/01/03	[Insert Federal Register publication date]
[Insert page number where the document begins]

	Section 45-13-11	Temporary Construction or Modification Permits	6/01/03
[Insert Federal Register publication date] [Insert page number where the
document begins]

	Section 45-13-12	Permit Application Fees	6/01/03	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Section 45-13-13	Inconsistency Between Rules	6/01/03	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Section 45-13-14	Statutory Air Pollution	6/01/03	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Section 45-13-15	Hazardous Air Pollutants	6/01/03	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Table 45-13A	Potential Emission Rate

	6/01/00	2/28/03

68 FR 9559	(c)(52)

Table 45-13B	De Minimis Sources	6/01/03	[Insert Federal Register
publication date] [Insert page number where the document begins]	Table
Title Change



*   *   *   *    *    *    *	



*      *      *      *     *	

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