[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67789-67791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24339]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0528; FRL-10357-02-R3]


Air Plan Approval; West Virginia; 2021 Amendments to West 
Virginia's Ambient Air Quality Standards

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. The 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. EPA is 
approving these revisions to the West Virginia SIP in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on December 12, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2022-0528. All documents in the docket are listed on 
the 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 
www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1617 John F Kennedy Blvd., 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 17, 2022 (87 FR 50593), EPA published a notice of 
proposed rulemaking (NPRM) for the State of West Virginia. In the NPRM, 
EPA proposed approval of a formal SIP revision submitted on May 11, 
2021. The formal SIP revision 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 found at 40 CFR part 
53 into West Virginia's legislative rules.

II. Summary of SIP Revision and EPA Analysis

    West Virginia Department of Environmental Protection (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

[[Page 67790]]

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 
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.''
    No comments were received on the August 17, 2022 NPRM.

III. Final Action

    EPA is approving 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.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of 45CSR8--
Ambient Air Quality Standards, as effective June 1, 2021, as discussed 
in Section II. of this preamble. 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). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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);
     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 January 9, 2023. 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 the West Virginia SIP revision updating its 
incorporation by reference of EPA's NAAQS and associated ambient air 
monitoring reference methods and equivalent methods, 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, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping

[[Page 67791]]

requirements, Sulfur oxides, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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) entitled ``EPA-Approved 
Regulations in the West Virginia SIP'' is amended by revising the 
entries for ``Section 45-8-1'', ``Section 45-8-2'', ``Section 45-8-3'', 
and ``Section 45-8-4'' under the heading ``[45 CSR] Series 8 Ambient 
Air Quality Standards'' to read as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
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 State citation [Chapter                            State                             Additional explanation/
     16-20 or 45 CSR]         Title/subject    effective date   EPA approval date    citation at 40 CFR 52.2565
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                                 [45 CSR] Series 8 Ambient Air Quality Standards
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Section 45-8-1...........  General...........          6/1/21  11/10/2022,         Docket #2022-0528.
                                                                [Insert Federal
                                                                Register
                                                                citation].
Section 45-8-2...........  Definitions.......          6/1/21  11/10/2022,         Docket #2022-0528.
                                                                [Insert Federal
                                                                Register
                                                                citation].
Section 45-8-3...........  Adoption of                 6/1/21  11/10/2022,         Docket #2022-0528.
                            Standards.                          [Insert Federal
                                                                Register
                                                                citation].
Section 45-8-4...........  Inconsistency               6/1/21  11/10/2022,         Docket #2022-0528.
                            Between Rules.                      [Insert Federal
                                                                Register
                                                                citation].
 
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[FR Doc. 2022-24339 Filed 11-9-22; 8:45 am]
BILLING CODE 6560-50-P


