[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Proposed Rules]
[Pages 50593-50594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17407]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0528; FRL-10113-01-R3]


Air Plan Approval; West Virginia; 2021 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 West Virginia's 
incorporation by reference of EPA's national ambient air quality 
standards (NAAQS) and the associated monitoring reference and 
equivalent methods. This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before September 16, 
2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0528 at www.regulations.gov, or via email to 
[email protected]. 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 www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1600 John F. Kennedy 
Boulevard, Philadelphia, Pennsylvania 19103-2852. The telephone number 
is (215) 814-2053. Ms. Nichols can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION: On May 11, 2021 the West Virginia Department 
of Environmental Protection (WVDEP) submitted a revision to its SIP 
pertaining to the amendments of Legislative Rule, 45CSR8--Ambient Air 
Quality Standards. The SIP submittal updates West Virginia's 
incorporation by reference of the NAAQS promulgated by EPA and found at 
40 Code of Federal Regulations (CFR) part 50 and ambient air monitoring 
reference methods and equivalent methods promulgated by EPA and found 
at 40 CFR part 53 into West Virginia's legislative rules.

I. Summary of SIP Revision and EPA Analysis

    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 approved in 
the West Virginia SIP incorporates by reference 40 CFR parts 50 and 53 
as they existed on June 1, 2019. West Virginia's May 11, 2021 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, as 
of June 1, 2020. Since the last West Virginia incorporation by 
reference of June 1, 2019, EPA: (1) designated one new equivalent 
method for measuring concentrations of ozone in ambient air; (2) 
designated one new reference method for measuring concentrations of

[[Page 50594]]

nitrogen dioxide; (3) amended an existing reference method for 
measuring particulate matter (PM10) in ambient air; (4) 
designated on new reference method for measuring concentrations of 
sulfur dioxide in ambient air; (5) designated one new equivalent method 
for measuring concentrations of nitrogen dioxide in ambient air. See 84 
FR 44299 (August 23, 2019), 84 FR 50833 (September 26, 2019), 85 FR 
5958 (February 2, 2020), 85 FR 27221 (May 7, 2020).
    The amendments to the legislative rule include changes to section 
45-8-1 (General), 45-8-2 (Definitions), and 45-8-3 (Adoption of 
Standards). The amendments update West Virginia's incorporation by 
reference of the primary and secondary NAAQS and the ambient air 
monitoring reference and equivalent methods from June 1, 2019 to June 
1, 2020. West Virginia is incorporating the Federal rules in 40 CFR 
parts 50 and 53 as they existed on June 1, 2020 into 45-8-1 and 45-8-3. 
The amendment to section 45-8-2 changes the wording of the definition 
of both the CAA and ``Secretary.''

II. Proposed Action

    EPA is proposing to approve the West Virginia SIP revision of May 
11, 2021, updating the incorporation by reference of EPA's NAAQS and 
associated ambient air monitoring reference methods and equivalent 
methods. 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 which West Virginia 
incorporated by reference into its 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, 2021, discussed in section I. 
Summary of SIP Revision and EPA Analysis, of this preamble. EPA has 
made, and will continue to make, these materials generally available 
through 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 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);
     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 proposed rule, proposing to approve the West 
Virginia SIP revision updating its incorporation by reference of EPA's 
NAAQS and associated ambient air monitoring reference methods and 
equivalent methods, 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, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-17407 Filed 8-16-22; 8:45 am]
BILLING CODE 6560-50-P


