
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29972-29975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12486]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0792; FRL-9928-02-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Permits for Construction and Major Modification of Major 
Stationary Sources Which Cause or Contribute to Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of four State Implementation Plan (SIP) revisions submitted by 
the West Virginia Department of Environmental Protection for the State 
of West Virginia on June 29, 2010, July 8, 2011, July 6, 2012, and July 
1, 2014 with the exception of certain revisions related to ethanol 
production facilities on which the EPA is taking no action at this 
time. These revisions pertain to West Virginia's nonattainment New 
Source Review (NSR) program, notably provisions for preconstruction 
permitting requirements for major sources of fine particulate matter 
(PM2.5) and NSR reform. This action is being taken under the 
Clean Air Act (CAA).

DATES: This final rule is effective on June 25, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R03-OAR-2014-0792. All documents in the docket are 
listed in the www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (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 through 
www.regulations.gov or in hard copy for public inspection 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, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Gordon, (215) 814-2039, or by 
email at gordon.mike@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 5, 2015 (80 FR 6491), the EPA published a notice of 
proposed rulemaking (NPR) for the State of West Virginia. In the NPR, 
the EPA proposed approval of revisions to West Virginia's nonattainment 
NSR program, notably provisions for preconstruction permitting 
requirements for major sources of PM2.5 and for NSR reform, 
with the exception of certain revisions related to ethanol production 
facilities on which the EPA proposed taking no action. The formal SIP 
revisions were submitted by West Virginia on June 29, 2010, July 8, 
2011, July 6, 2012, and July 1, 2014.
    While each of the SIP revisions was submitted individually, the EPA 
is finalizing approval of these submittals as a whole. As described in 
the proposal, there are some instances where specific language was 
added in a West Virginia regulation included in one of the earlier SIP 
submittals but the language was subsequently removed from that same 
regulation included in a later SIP submittal such that the EPA 
therefore only assessed the approvability of that portion of the 
regulation included in the later SIP submittal. It should be noted that 
the most recent version of West Virginia's nonattainment NSR 
regulations is the version included for SIP approval in the 2014 
submittal, and this submittal reflects the sum of the changes made from 
the 2010, 2011, and 2012 submittals as well.\1\
---------------------------------------------------------------------------

    \1\ The EPA, however, is acting on all four SIP submittals in 
this notice because each submittal contains necessary procedural 
information related to West Virginia's revisions to its 
nonattainment NSR regulations and development of its SIP submittals, 
which are required for SIP revisions by 40 CFR parts 51 and 52.
---------------------------------------------------------------------------

    In this final action, the EPA is revising 40 CFR part 52, subpart 
XX to reflect approval of revisions to West Virginia's nonattainment 
NSR program in Series 19 under Title 45 of West Virginia Code of State 
Rules (45CSR19), with the exception of certain provisions related to 
ethanol production facilities on which the EPA proposed taking no 
action. A full description of the revisions submitted by West Virginia 
is available in the proposed approval and in the docket for this 
rulemaking action. No comments were received during the public comment 
period for the proposed rule.

II. Summary of SIP Revision

    The revisions submitted by WVDEP which the EPA is approving in this 
action involve amendments to 45CSR19 (Permits for Construction and 
Major Modification of Major Stationary Sources Which Cause or 
Contribute to Nonattainment Areas) as a result of Federal regulatory 
actions discussed in the proposal for this final rule. A summary of the 
changes made in the 2010, 2011, 2012, and 2014 submittals are available 
in the docket under ``Summary of West Virginia NSR Changes.''
    As discussed in the proposal to this final rule, West Virginia's 
SIP revisions include provisions that exclude facilities that produce 
ethanol through a natural fermentation process from the

[[Page 29973]]

definition of ``chemical process plants'' in the major NSR source 
permitting program as amended in the 2007 Ethanol Rule. The 2010 
submittal added provisions at 45CSR19-2.35.e.20 and 3.7.a.20 that 
remove certain ethanol production facilities from the definition of 
``chemical process plants.'' These provisions are also included in the 
subsequent 2011, 2012, and 2014 submittals. In this final rulemaking, 
the EPA is taking no action on the submitted regulation revisions at 
45CSR19-2.35.e.20 and 3.7.a.20 that address the 2007 Ethanol Rule.

III. Final Action

    The EPA's review of this material indicates that the 2010, 2011, 
2012 and 2014 SIP submittals collectively meet the federal counterpart 
requirements in 40 CFR parts 51 and 52 for a nonattainment NSR 
permitting program. For the reasons stated previously, the EPA is 
approving these WV SIP submissions with the exception of the revisions 
to 45CSR19-2.35.e.20 and 3.7.a.20. The EPA is taking no action on the 
45CSR19 regulations relating to the definition of ``chemical process 
plants'' which are at 45CSR19-2.35.e.20 and 3.7.a.20.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of 45CSR19, with the exception of certain provisions related 
to ethanol production facilities on which the EPA proposed taking no 
action. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

V. 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, the 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 (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 the 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 the 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. The 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 July 27, 2015. 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. This action approving revisions to West Virginia's 
nonattainment NSR program 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: May 7, 2015.
William C. Early,
Acting 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.  52.2520, the table in paragraph (c) is amended by revising 
the table heading and the entries for [45 CSR] Series 19, to read as 
follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

[[Page 29974]]



                                                    Epa-Approved Regulations in the West Virginia Sip
--------------------------------------------------------------------------------------------------------------------------------------------------------
 State citation [Chapter 16-20 or                               State                                              Additional explanation/citation at 40
             45 CSR ]                   Title/Subject      effective date             EPA Approval date                         CFR 52.2565
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
      [45 CSR] Series 19 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to
                                                                      Nonattainment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 45-19-1...................  General..............        6/1/2013  5/26/2015 Insert Federal
                                                                            Registercitation].
Section 45-19-2...................  Definitions..........        6/1/2013  5/26/2015 [Insert Federal Register      EPA is taking no action on revisions
(Except: 45CSR19-2.35.e.20).......                                          citation].                              related to remove certain ethanol
                                                                                                                    production facilities from the
                                                                                                                    definition of ``chemical process
                                                                                                                    plants.''
Section 45-19-3...................  Applicability........        6/1/2013  5/26/2015 [Insert Federal Register      EPA is taking no action on revisions
(Except: 45CSR19-3.7.a.20)........                                          citation].                              related to remove certain ethanol
                                                                                                                    production facilities from the
                                                                                                                    definition of ``chemical process
                                                                                                                    plants.''
Section 45-19-4...................  Conditions for a             6/1/2013  5/26/2015 [Insert Federal Register
                                     Permit Approval for                    citation].
                                     Proposed Major
                                     Sources that would
                                     Contribute to a
                                     Violation of NAAQS.
Section 45-19-5...................  Conditions for Permit        6/1/2013  5/26/2015 [Insert Federal Register
                                     Approval for Sources                   citation].
                                     Locating in
                                     Attainment of
                                     Unclassifiable Areas
                                     That Would Cause a
                                     New Violation of a
                                     NAAQS.
Section 45-19-6...................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-7...................  Baseline for                 6/1/2013  5/26/2015 [Insert Federal Register
                                     Determining Credit                     citation].
                                     for Emission Offsets.
Section 45-19-8...................  Location of Emissions        6/1/2013  5/26/2015 [Insert Federal Register
                                     Offsets.                               citation].
Section 45-19-9...................  Administrative               6/1/2013  5/26/2015 [Insert Federal Register
                                     Procedures for                         citation].
                                     Emission Offset
                                     Proposals.
Section 45-19-10..................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-11..................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-12..................  Reasonable Further           6/1/2013  5/26/2015 [Insert Federal Register
                                     Progress.                              citation].
Section 45-19-13..................  Source Impact                6/1/2013  5/26/2015 [Insert Federal Register
                                     Analysis.                              citation].
Section 45-19-14..................  Permit Requirements          6/1/2013  5/26/2015 [Insert Federal Register
                                     for Major Stationary                   citation].
                                     Sources and Major
                                     Modifications.
Section 45-19-15..................  Public Review                6/1/2013  5/26/2015 [Insert Federal Register
                                     Procedures.                            citation].
Section 45-19-16..................  Public Meetings......        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-17..................  Permit Transfer,             6/1/2013  5/26/2015 [Insert Federal Register
                                     Cancellation and                       citation].
                                     Responsibility.
Section 45-19-18..................  Disposition of               6/1/2013  5/26/2015 [Insert Federal Register
                                     Permits.                               citation].
Section 45-19-19..................  Requirements of Air          6/1/2013  5/26/2015 [Insert Federal Register
                                     Quality Models.                        citation].
Section 45-19-20..................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-21..................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-22..................  [Reserved]...........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-23..................  Actuals PAL..........        6/1/2013  5/26/2015 [Insert Federal Register
                                                                            citation].
Section 45-19-24..................  Conflict with Other          6/1/2013  5/26/2015 [Insert Federal Register
                                     Permitting Rules.                      citation].
Section 45-19-25..................  Inconsistency Between        6/1/2013  5/26/2015 [Insert Federal Register
                                     Rules.                                 citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 29975]]

 
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-12486 Filed 5-22-15; 8:45 am]
 BILLING CODE 6560-50-P


