[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Proposed Rules]
[Pages 64243-64244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25166]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0553; FRL-10002-39-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; 2019 Amendments to West Virginia's Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of West Virginia. This revision updates the effective date of the 
national ambient air quality standards (NAAQS) and the associated 
monitoring reference and equivalent methods for those NAAQS that West 
Virginia incorporates by reference into its state regulations. This 
action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before December 23, 
2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0553, at https://www.regulations.gov, or via email to 
spielberger.susan@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2021. Mr. Schulingkamp can also be reached via electronic mail at 
schulingkamp.joseph@epa.gov.

SUPPLEMENTARY INFORMATION: On May 6, 2019, the West Virginia Department 
of Environmental Protection (WVDEP) submitted a formal revision to its 
SIP pertaining to amendments of Legislative Rule, 45CSR8--Ambient Air 
Quality Standards. The SIP submittal updates the version of the federal 
NAAQS and the associated monitoring reference and equivalent methods 
for those NAAQS that West Virginia incorporates by reference into West 
Virginia's legislative rules.

I. Summary of SIP Revision

    WVDEP has historically chosen to incorporate by reference the 
federal NAAQS, found at 40 CFR part 50, and the associated federal 
ambient air monitoring reference methods and equivalent methods for 
these NAAQS found at 40 CFR part 53. When incorporating by reference 
these federal regulations, WVDEP has specified that it is incorporating 
by reference these regulations as they existed on a certain date. The 
incorporation by reference of the NAAQS that is currently SIP-approved 
by EPA incorporates by reference 40 CFR parts 50 and 53 as they existed 
on June 1, 2017. This SIP revision updates the State's incorporation by 
reference of the primary and secondary NAAQS and the ambient air 
monitoring reference and equivalent methods, found in 40 CFR parts 50 
and 53, respectively. Since the last West Virginia incorporation by 
reference of June 1, 2017, EPA reviewed the primary standards for 
oxides of nitrogen (NOX), as required by CAA section 109(d), 
and retained the current 1-hour and annual nitrogen dioxide 
(NO2) standards without revision. See 83 FR 17226. EPA has 
not made any changes to the ambient air monitoring reference methods or 
any ambient air monitoring equivalent methods since the last effective 
date of the West Virginia rule.
    The amendments to the legislative rule include the following 
changes: To section 45-8-1 (General), the filing, effective, and 
incorporation by reference dates are changed to reflect the update of 
the legislative rule, subsection 1.5 was renumbered to subsection 1.6, 
and a new subsection 1.5 (Sunset Provision) was added; to section 45-8-
3 (Adoption of Standards), the dates of the primary and secondary NAAQS 
and the ambient air monitoring reference and equivalent methods that 
are to be incorporated by reference are changed. The filing and 
effective dates of the legislative rule were updated to April 24, 2019 
and June 1, 2019 respectively. The date of the federal rules in 40 CFR 
parts 50 and 53 that are being incorporated by reference into 45-8-3 
are changed from June 1, 2017 to June 1, 2018.

II. Proposed Action

    EPA is proposing to approve the West Virginia SIP revision updating 
the date of incorporation by reference, which was submitted on May 6, 
2019. EPA is soliciting public comments on the update to West 
Virginia's incorporation by reference. Please note that EPA is not 
seeking public comment on the level of the NAAQS being incorporated by 
reference into the West Virginia regulations. An opportunity for public 
comment on the level of each individual NAAQS was given when EPA 
proposed each such NAAQS. Relevant comments will be considered before 
taking final action.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference 45CSR8, as effective on June 1, 2019. EPA has made, and will 
continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

IV. Statutory and Executive Order Reviews

    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

[[Page 64244]]

Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this proposed 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 (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 proposed rule, revising the incorporation by 
reference date of 45CSR8, 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.

List of Subjects in 40 CFR Part 52

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

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

    Dated: October 28, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-25166 Filed 11-20-19; 8:45 am]
 BILLING CODE 6560-50-P


