[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Rules and Regulations]
[Pages 50264-50266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21668]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0373; FRL-9984-96-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Interstate Transport Requirements for the 2012 Fine 
Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
implementation plan (SIP) revision submitted by the State of West 
Virginia. This revision pertains to the infrastructure requirement for 
interstate transport of pollution with respect to the 2012 fine 
particulate matter (PM2.5) national ambient air quality 
standards (NAAQS). EPA is approving this revision in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on November 5, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0373. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., 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 through 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 17, 2015, the State of West Virginia, through the West 
Virginia Department of Environmental Protection (WVDEP), submitted a 
SIP revision addressing all required infrastructure elements under CAA 
section 110(a) for the 2012 PM2.5 NAAQS. As stated in the 
notice of proposed rulemaking (NPRM) published on August 3, 2018, EPA 
has previously taken action on other portions of the November 17, 2015 
submittal addressing requirements in CAA section 110(a)(2) for the 2012 
PM2.5 NAAQS, and EPA is taking rulemaking action herein on 
only the portion of the November 12, 2015 submittal addressing 
requirements in CAA section 110(a)(2)(D)(i)(I) (prongs 1 and 2). See 83 
FR 38112. In addition, EPA stated in the NPRM that the Agency had 
proposed separate action on the portion of the November 12, 2015 
submittal addressing requirements in CAA section 110(a)(2)(D)(i)(II) 
(prong 4). See 83 FR 27734 (June 14, 2018) (proposing approval of the 
November 12, 2015 submittal for prong 4). EPA is not at this time 
taking final action on the 2015 SIP submittal addressing prong 4. For 
more information on particulate pollution, EPA's infrastructure 
requirements, and interstate transport requirements, see Section I of 
the August 3, 2018 NPRM.

II. Summary of SIP Revision and EPA Analysis

    West Virginia's November 17, 2015 SIP submittal stated that the 
current West Virginia SIP contains adequate measures to ensure that the 
State will not cause significant contribution to nonattainment in, or 
interfere with the maintenance of, any other State with respect to the 
2012 PM2.5 NAAQS. West Virginia refers to the measures 
detailed in the section pertaining to requirements in CAA section 
110(a)(2)(A), which included numerous SIP-approved measures and other 
federally enforceable measures, under the CAA, that apply to sources of 
PM2.5 and its precursors within West Virginia.
    In evaluating whether the measures identified by West Virginia 
addressed CAA section 110(a)(2)(D)(i), EPA used the information in the 
memorandum dated March 17, 2016, entitled, ``Information on the 
Interstate Transport ``Good Neighbor'' Provision for the 2012 Fine 
Particulate Matter National Ambient Air Quality Standards under Clean 
Air Act Section 110(a)(2)(D)(i)(I),'' Memorandum from Stephen D. Page, 
Director, EPA Office of Air Quality Planning and Standards, https://www.epa.gov/sites/production/files/2016-08/documents/good-neighbor-memo_implementation.pdf (the 2016 PM2.5 Memorandum). This 
2016 PM2.5 Memorandum is included in the docket for this 
rulemaking action. After considering the 2016 PM2.5 
Memorandum and additional information, EPA came to the same conclusion 
as West Virginia and proposed in the NPRM that West Virginia's 
emissions do not significantly contribute to nonattainment or interfere 
with maintenance in another State with respect to the 2012 
PM2.5 NAAQS.
    A detailed summary of West Virginia's submittal, EPA's review, and 
the rationale for EPA's conclusion approving the November 17, 2015 
submittal as addressing requirements of prongs 1 and 2 are explained in 
the NPRM and the technical support document (TSD) that accompanied the 
NPRM and will not be restated here. The TSD is available online at 
www.regulations.gov, Docket number EPA-R03-OAR-2016-0373.

III. Response to Comments

    EPA received a total of three comments on the August 3, 2018 NPRM. 
Two comments generally discussed matters irrelevant to this rulemaking. 
As these two comments did not concern any of the specific issues raised 
in the NPRM or address EPA's rationale for the proposed approval of 
West Virginia's submittal, EPA provides no response to these comments. 
EPA did receive one relevant comment; that comment, and EPA's response 
is discussed in this Section of this rulemaking action.
    Comment: The commenter first stated that EPA did not need to 
analyze interstate transport of PM2.5 emissions from West 
Virginia to California, Idaho, or Florida, and further questioned the 
likelihood of West Virginia's PM2.5 emissions impacting 
those three States. The commenter then stated that EPA's time and 
limited resources would be better spent on other more meaningful 
issues, especially since it took three years to develop the analysis 
EPA presented.
    Response: First, with respect to the period of time for EPA's 
analysis, CAA section 110(a)(1) requires all States to submit a SIP 
addressing the elements of CAA section 110(a)(2), including CAA section 
110(a)(2)(D)(i)(I) on interstate transport, within three years of EPA 
promulgating a new or revised NAAQS. Further, CAA section 110(k)(2) and 
(3) requires EPA action on the SIP submission within twelve months of 
EPA finding the SIP submission complete. Therefore, the submission of a 
SIP addressing interstate transport requirements for the 2012 
PM2.5 NAAQS

[[Page 50265]]

in CAA section 110(a)(2)(D)(i)(I) is required by the CAA as is EPA's 
action on such SIP submittal. In addition, the requirement for a new 
infrastructure SIP submission provides an opportunity for the air 
agency, the public, and EPA to review the basics of the air quality 
management program in light of each new or revised NAAQS. In the case 
of CAA section 110(a)(2)(D)(i)(I), this review is specifically focused 
on whether a State's SIP will prevent interference with attainment or 
maintenance of the NAAQS in a nearby State, and meets requirements for 
prevention of significant deterioration and visibility in another 
State, as well as international pollution.
    Second, with regards to EPA's analysis of West Virginia's impact on 
California, Idaho, or Florida, EPA disagrees that such an analysis is 
not necessary. As discussed in the TSD and in EPA's 2016 
PM2.5 Memorandum, most of the potential areas of concern 
with nonattainment or maintenance issues for the 2012 PM2.5 
NAAQS were located in California, Shoshone County, Idaho, and in 
Allegheny County, Pennsylvania. In addition, the 2016 PM2.5 
Memorandum noted air quality monitoring data quality problems in all or 
portions of Florida, Illinois, Idaho (outside of Shoshone County), 
Tennessee, and Kentucky. Subsequent to the 2016 PM2.5 
Memorandum's release, data quality problems were resolved for Idaho 
(outside of Shoshone County), Tennessee, Kentucky, and portions of 
Florida. Therefore, the remaining potential receptors of interest 
included 17 receptors in California, one receptor in Shoshone County, 
Idaho, one receptor in Allegheny County, Pennsylvania, four counties in 
Florida, and all of Illinois.\1\ Based on this information from the 
2016 PM2.5 Memorandum and the resolution of the monitoring 
quality issues, EPA narrowed the scope of analysis down to these 
remaining potential receptors and did not evaluate the entire 
continental United States for potential contribution to downwind 
PM2.5 nonattainment and maintenance receptors. While EPA 
agrees that the likelihood of West Virginia's sources of 
PM2.5 emissions contributing to attainment or maintenance 
air quality issues in geographically distant areas in California, 
Florida, and Idaho is unlikely, EPA and the State are still obligated 
to analyze whether the State's sources will significantly contribute to 
nonattainment or interfere in the maintenance of, the NAAQS at those 
receptors and at receptors in other States. In addressing this 
obligation, EPA relied upon the information in the TSD and on the 2016 
PM2.5 Memorandum to conclude West Virginia's SIP was 
adequate to prevent West Virginia sources from significantly 
contributing to nonattainment or interfering with maintenance in other 
States.
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    \1\ A receptor is a monitor within the photochemical modeling 
domain that is modeled as ``receiving'' emissions.
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IV. Final Action

    EPA is approving the November 17, 2015 SIP revision as it addresses 
the interstate transport requirements for the 2012 PM2.5 
NAAQS in CAA section 110(a)(2)(D)(i)(I).

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, 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 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 December 4, 2018. 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, addressing West Virginia's interstate transport 
obligations with respect to the 2012 PM2.5 NAAQS, may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

[[Page 50266]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

    Dated: September 25, 2018.
Cecil Rodrigues,
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 (e) is amended by:
0
a. Revising the entry for ``Section 110(a)(2) Infrastructure 
Requirements for the 2012 PM2.5 NAAQS''; and
0
b. Adding a second entry entitled ``Section 110(a)(2) Infrastructure 
Requirements for the 2012 PM2.5 NAAQS'' at the end of the 
table.
    The revision and addition read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

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                                                                         State
 Name of non-regulatory SIP revision    Applicable geographic area  submittal date             EPA approval date               Additional explanation
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                                                                      * * * * * * *
Section 110(a)(2) Infrastructure       Statewide..................        11/17/15  5/12/17, 82 FR 22078..................  Docket #2016-0373. This
 Requirements for the 2012 PM2.5                                                                                             action addresses the
 NAAQS.                                                                                                                      following CAA elements of
                                                                                                                             section 110(a)(2): A, B, C,
                                                                                                                             D(i)(II) (prong 3), D(ii),
                                                                                                                             E, F, G, H, J, K, L, and M,
                                                                                                                             or portions thereof.
Section 110(a)(2) Infrastructure       Statewide..................        11/17/15  10/5/18 [Insert Federal Register        Docket #2016-0373. This
 Requirements for the 2012 PM2.5                                                     citation].                              action addresses CAA
 NAAQS.                                                                                                                      section 110(a)(2)(D)(i)(I)
                                                                                                                             (prongs 1 and 2).
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[FR Doc. 2018-21668 Filed 10-4-18; 8:45 am]
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