[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Rules and Regulations]
[Pages 52772-52775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22653]



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ENVIRONMENTAL PROTECTION AGENCY



40 CFR Part 52



[WV106-6044; FRL-9983-55-Region 3]




Approval and Promulgation of Air Quality Implementation Plans; 

West Virginia; Update to Materials Incorporated by Reference



AGENCY: Environmental Protection Agency (EPA).



ACTION: Final rule; administrative change.



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SUMMARY: The Environmental Protection Agency (EPA) is updating the 

materials that are incorporated by reference (IBR) into the West 

Virginia state implementation plan (SIP). The regulations affected by 

this update have been previously submitted by the West Virginia 

Department of Environmental Protection (WV DEP) and approved by EPA. 

This update affects the SIP materials that are available for public 

inspection at the National Archives and Records Administration (NARA) 

and the EPA Regional Office.



DATES: This action is effective October 18, 2018.



ADDRESSES: SIP materials which are incorporated by reference into 40 

CFR part 52 are available for inspection at the following locations: 

Air Protection Division, U.S. Environmental Protection Agency, Region 

III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and the 

National Archives and Records Administration (NARA). For information on 

the availability of this material at NARA, call 202-741-6030, or go to: 

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. EPA requests that you email the contact listed in 

the FOR FURTHER INFORMATION CONTACT section.



FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814-2023 or by 

email at [email protected].



SUPPLEMENTARY INFORMATION: 



I. Background



    Each state has a SIP containing the control measures and strategies 

used to attain and maintain the national ambient air quality standards 

(NAAQS). The SIP is extensive, containing such elements as air 

pollution control regulations, emission inventories, monitoring 

networks, attainment demonstrations, and enforcement mechanisms.

    Each state must formally adopt the control measures and strategies 

in the SIP after the public has had an opportunity to comment on them 

and then submit the proposed SIP revisions to EPA. Once these control 

measures and strategies are approved by EPA, and after notice and 

comment, they are incorporated into the federally-approved SIP and are 

identified in part 52 ``Approval and Promulgation of Implementation 

Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52). 

The full text of the state regulation approved by EPA is not reproduced 

in its entirety in 40 CFR part 52, but is ``incorporated by 

reference.'' This means that EPA has approved a given state regulation 

with a specific effective date. The public is referred to the location 

of the full text version should they want to know which measures are 

contained in a given SIP. The information provided allows EPA and the 

public to monitor the extent to which a state implements a SIP to 

attain and maintain the NAAQS and to take enforcement action if 

necessary.

    The SIP is a living document which a state revises as necessary to 

address its unique air pollution problems. Therefore, EPA, from time to 

time, must take action on SIP revisions containing new and/or revised 

regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), 

EPA revised the procedures for incorporating by reference federally-

approved SIPs, as a result of consultations between EPA and the Office 

of the Federal Register (OFR). The description of the revised SIP 

document, IBR procedures and ``Identification of plan'' format are 

discussed in further detail in the May 22, 1997, Federal Register 

document. On February 10, 2005 (70 FR 7024), EPA published a Federal 

Register beginning the new IBR procedure for West Virginia. On February 

28, 2007 (72 FR 8903), February 10, 2009 (74 FR 6542), December 28, 

2010 (75 FR 81474), July 25, 2013 (78 FR 44884), and June 14, 2017 (82 

FR 27118) EPA published updates to the IBR material for West Virginia. 

Since the publication of the last IBR update, EPA has approved into the 

SIP the following regulatory changes to the following West Virginia 

regulations:



A. Added Regulations



    None.



B. Revised Regulations



1. 45 CSR 8 (Ambient Air Quality Standards)

2. 45 CSR 14 (Permits for Construction and Major Modification of Major 

Stationary Sources of Air Pollution for the Prevention of Significant 

Deterioration)



C. Removed Regulations



1. 45 CSR 39 (Control of Annual Nitrogen Oxide Emissions to Mitigate 

Interstate Transport of Fine Particulate Matter and Nitrogen Oxides)

2. 45 CSR 41 (Control of Annual Sulfur Dioxides Emissions)

3. In 52.2520 paragraph (d) Source Specific Requirements for West 

Virginia, there was a removal of source-specific SIP requirements for 

the following five facilities in West Virginia that had permanently 

shutdown: Mountaineer Carbon Company; Standard Lafarge; Follansbee 

Steel Corporation; International Mill Service, Inc.; and Columbian 

Chemicals Company.



II. EPA Action



    In this action, EPA is announcing the update to the IBR material as 

of May 1, 2018 and revising the text within 40 CFR 52.2520(b). In 

addition, notice is provided of correcting Federal Register citations 

listed in the Table (c) paragraph of 40 CFR 52.2520, as described: A. 

Under the ``EPA approval date'' EPA is correcting numerous Federal 

Register citation locations to reflect the first page of the preamble 

opposed to the regulatory text page for West Virginia regulations 45 

CSR Series 8 and 45 CSR Series 14.



III. Good Cause Exemption



    EPA has determined that this rule falls under the ``good cause'' 

exemption in section 553(b)(3)(B) of the Administrative Procedures Act 

(APA) which, upon finding ``good cause,'' authorizes agencies to 

dispense with public participation and section 553(d)(3) which allows 

an agency to make a rule effective immediately (thereby avoiding the 

30-day delayed effective date otherwise provided for in the APA). This 

rule simply codifies provisions which are already in effect as a matter 

of law in federal and approved state programs. Under section 553 of the 

APA, an agency may find good cause where procedures are ``impractical, 

unnecessary, or contrary to the public interest.'' Public comment is 

``unnecessary'' and ``contrary to the public interest'' since the 

codification only reflects existing law. Immediate notice in the CFR 

benefits the public by



[[Page 52773]]



removing outdated citations and incorrect table entries.



IV. Incorporation by Reference



    In this rule, 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 previously 

EPA approved regulations promulgated by the State of West Virginia and 

federally effective prior to May 1, 2018. 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).



V. Statutory and Executive Order Reviews



A. General Requirements



    Under the Clean Air Act (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 rule 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. This rule is not a 

``major rule'' as defined by 5 U.S.C. 804(2).



C. Petitions for Judicial Review



    EPA has also determined that the provisions of section 307(b)(1) of 

the CAA pertaining to petitions for judicial review are not applicable 

to this action. Prior EPA rulemaking actions for each individual 

component of the West Virginia SIP compilations had previously afforded 

interested parties the opportunity to file a petition for judicial 

review in the United States Court of Appeals for the appropriate 

circuit within 60 days of such rulemaking action. Thus, EPA sees no 

need in this action to reopen the 60-day period for filing such 

petitions for judicial review for this ``Identification of plan'' 

update action for West Virginia.



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 record keeping 

requirements, Sulfur oxides, Volatile organic compounds.



    Dated: August 27, 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 for citation for part 52 continues to read as follows:



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



Subpart XX--West Virginia



0

2. Section 52.2520 is amended by:

0

a. Revising paragraph (b).

0

b. Revising paragraph (c) table entries for 45 CSR 8 (Ambient Air 

Quality Standards) and 45 CSR 14 (Permits for Construction and Major 

Modification of Major Stationary Sources of Air Pollution for the 

Prevention of Significant Deterioration).

    The revisions read as follows:





Sec.  52.2520  Identification of plan.



* * * * *

    (b) Incorporation by reference. (1) Material listed in paragraphs 

(c) and (d) of this section with an EPA approval date prior to May 1, 

2018, was approved for incorporation by reference by the Director of 

the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 

51. Entries in paragraphs (c) and (d) of this section with the EPA 

approval dates after May 1, 2018 for the State of West Virginia have 

been approved by EPA for inclusion in the State implementation plan and 

for incorporation by reference into the plan as it is contained in this 

section, and will be considered by the Director of the Federal Register 

for approval in the next update to the SIP compilation.

    (2) EPA Region III certifies that the materials provided by EPA at 

the addresses in paragraph (b)(3) of this section are an exact 

duplicate of the officially promulgated state rules/regulations which 

have been approved as part of the state implementation plan as of the 

dates referenced in paragraph (b)(1) of this section.

    (3) Copies of the materials incorporated by reference into the 

state implementation plan may be inspected at the Environmental 

Protection Agency,



[[Page 52774]]



Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. To 

obtain the material, please call the Regional Office at (215) 814-3376. 

You may also inspect the material with an EPA approval date prior to 

May 1, 2018 for the State of West Virginia at the National Archives and 

Records Administration (NARA). For information on the availability of 

this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    (c) EPA-Approved Regulations and Statutes.



                                EPA-Approved Regulations in the West Virginia SIP

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                                                                                          Additional explanation/

State citation [Chapter 16-       Title/subject            State       EPA approval date     citation at 40 CFR

       20 or 45 CSR]                                  effective date                              52.2565

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[45 CSR] Series 8..........                             Ambient Air Quality Standards

----------------------------------------------------------------------------------------------------------------

Section 45-8-1.............  General................          6/1/17  3/23/18, 83 FR      Filing and effective

                                                                       12677.              dates are revised.

Section 45-8-2.............  Definitions............          6/1/17  3/23/18, 83 FR      Previous Approval 9/22/

                                                                       12677.              2014.

Section 45-8-3.............  Adoption of Standards..          6/1/17  3/23/18, 83 FR      Effective date is

                                                                       12677.              revised.

Section 45-8-4.............  Inconsistency Between            6/1/17  3/23/18, 83 FR      Replaced ``West

                              Rules.                                   12677.              Virginia Department

                                                                                           of Environmental

                                                                                           Protection'' with

                                                                                           ``Division of Air

                                                                                           Quality.''

 

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[45 CSR] Series 14.........   Permits for Construction and Major Modification of Major Stationary Sources of Air

                                                        Pollution for the Prevention of

                                                          Significant Deterioration

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Section 45-14-1............  General................      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-2............  Definitions............      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-3............  Applicability..........      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-4............  Ambient Air Quality          06/01/2015  08/11/2016, 81 FR   ......................

                              Increments and                           53008.

                              Ceilings.

Section 45-14-5............  Area Classification....      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-6............  Prohibition of               06/01/2015  08/11/2016, 81 FR   ......................

                              Dispersion Enhancement                   53008.

                              Techniques.

Section 45-14-7............  Registration, Report         06/01/2015  08/11/2016, 81 FR   ......................

                              and Permit                               53008.

                              Requirements for Major

                              Stationary Sources and

                              Major Modifications.

Section 45-14-8............  Requirements Relating        06/01/2015  08/11/2016, 81 FR   ......................

                              to Control Technology.                   53008.

Section 45-14-9............  Requirements Relating        06/01/2015  08/11/2016, 81 FR   ......................

                              to the Source's Impact                   53008.

                              on Air Quality.

Section 45-14-10...........  Modeling Requirements..      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-11...........  Air Quality Monitoring       06/01/2015  08/11/2016, 81 FR   ......................

                              Requirements.                            53008.

Section 45-14-12...........  Additional Impacts           06/01/2015  08/11/2016, 81 FR   ......................

                              Analysis Requirements.                   53008.

Section 45-14-13...........  Additional Requirements      06/01/2015  08/11/2016, 81 FR   ......................

                              and Variances for                        53008.

                              Source Impacting

                              Federal Class 1 Areas.

Section 45-14-14...........  Procedures for Sources       06/01/2015  08/11/2016, 81 FR   ......................

                              Employing Innovative                     53008.

                              Control Technology.

Section 45-14-15...........  Exclusions From              06/01/2015  08/11/2016, 81 FR   ......................

                              Increment Consumption.                   53008.

Section 45-14-16...........  Specific Exemptions....      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-17...........  Public Review                06/01/2015  08/11/2016, 81 FR   ......................

                              Procedures.                              53008.

Section 45-14-18...........  Public Meetings........      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-19...........  Permit Transfer,             06/01/2015  08/11/2016, 81 FR   ......................

                              Cancellation and                         53008.

                              Responsibility.

Section 45-14-20...........  Disposition of Permits.      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-21...........  Conflict with Other          06/01/2015  08/11/2016, 81 FR   ......................

                              Permitting Rules.                        53008.



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Section 45-14-25...........  Actual PALs............      06/01/2015  08/11/2016, 81 FR   ......................

                                                                       53008.

Section 45-14-26...........  Inconsistency Between        06/01/2015  08/11/2016,81 FR    ......................

                              Rules.                                   53008.

 

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[FR Doc. 2018-22653 Filed 10-17-18; 8:45 am]

 BILLING CODE 6560-50-P




