[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29616-29617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09296]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0656; FRL-10083-01-R3]


Air Plan Approval; West Virginia; 2022 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 (IBR) 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 June 7, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0656 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: Om P. Devkota, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, Four Penn Center, 1600 
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The 
telephone number is (215) 814-2172. Mr. Devkota can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:  On July 1, 2022, the West Virginia 
Department of Environmental Protection (WVDEP) submitted a revision to 
its SIP pertaining to the amendments of Legislative Rule, 45 Code of 
State Rule (CSR) Ambient Air Quality Standards. The SIP submittal 
updates West Virginia's IBR 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 
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 IBR 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, 2020. 
West Virginia's July 1, 2022, SIP revision updates the State's IBR 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, 2021. Primary NAAQS establish air quality 
standards which the administrator of EPA determines are necessary, with 
an adequate margin of safety, to protect the public health. Secondary 
NAAQS establish air quality standards which the administrator of EPA 
determines necessary to protect the public welfare from any known or 
anticipated adverse effects of a pollutant. This revision also 
incorporates by reference the ambient air monitoring reference methods 
and equivalent methods promulgated by EPA under 40 CFR part 53.
    Since the last West Virginia IBR of June 1, 2020, EPA: (1) updated 
method 201A of Appendix M of Part 51; (2) completed the review of the 
NAAQS for particulate matter; (3) completed the review of the NAAQS for 
ozone; and (4) designated one new reference method for measuring 
concentrations of sulfur dioxide and one new equivalent method for 
measuring concentrations of particulate matter (PM10) in 
ambient air. See 85 FR 63394 (October 7, 2020--corrected in 86 FR 9470 
(February 16, 2021)), 85 FR 82684 (December 18, 2020), 85 FR 87256 
(December 31, 2020), and 86 FR 12682 (March 4, 2021).
    The amendments to the legislative rule include changes to section 
45-8-1 (General) and 45-8-3 (Adoption of Standards). The amendments 
alphabetize the criteria pollutants list in

[[Page 29617]]

the scope (1.1), update the filing and effective dates (1.3, 1.4) and 
update West Virginia's IBR of the primary and secondary NAAQS and the 
ambient air monitoring reference and equivalent methods from June 1, 
2020 to June 1, 2021 (1.6, 3.1, 3.2). West Virginia is incorporating 
the Federal rules in 40 CFR parts 50 and 53 as they existed on June 1, 
2021, into sections 45-8-1 and 45-8-3.

II. Proposed Action

    EPA is proposing to approve the West Virginia SIP revision of July 
1, 2022 updating the IBR 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 IBR. 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 IBR. In accordance with requirements of 1 
CFR 51.5, EPA is proposing to incorporate by reference 45CSR8, as 
effective on April 1, 2022, as discussed in Sections I and II of this 
document. 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); and,
     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.
    In addition, this proposed rulemaking, proposing to approve the 
West Virginia SIP revision updating its IBR 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.
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    WVDEP did not evaluate environmental justice considerations as part 
of its SIP submittal; the CAA and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this action. Consideration of EJ 
is not required as part of this action, and there is no information in 
the record inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.

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. 2023-09296 Filed 5-5-23; 8:45 am]
 BILLING CODE 6560-50-P


