80 FR 29972 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 100 (May 26, 2015)
Federal Register Volume 80, Issue 100 (May 26, 2015)
| Page Range | 29972-29975 | |
| FR Document | 2015-12486 |
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)] [Rules and Regulations] [Pages 29972-29975] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12486] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0792; FRL-9928-02-Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing approval of four State Implementation Plan (SIP) revisions submitted by the West Virginia Department of Environmental Protection for the State of West Virginia on June 29, 2010, July 8, 2011, July 6, 2012, and July 1, 2014 with the exception of certain revisions related to ethanol production facilities on which the EPA is taking no action at this time. These revisions pertain to West Virginia's nonattainment New Source Review (NSR) program, notably provisions for preconstruction permitting requirements for major sources of fine particulate matter (PM2.5 ) and NSR reform. This action is being taken under the Clean Air Act (CAA). DATES: This final rule is effective on June 25, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2014-0792. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street SE., Charleston, West Virginia 25304. FOR FURTHER INFORMATION CONTACT: Mr. Mike Gordon, (215) 814-2039, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On February 5, 2015 (80 FR 6491), the EPA published a notice of proposed rulemaking (NPR) for the State of West Virginia. In the NPR, the EPA proposed approval of revisions to West Virginia's nonattainment NSR program, notably provisions for preconstruction permitting requirements for major sources of PM2.5 and for NSR reform, with the exception of certain revisions related to ethanol production facilities on which the EPA proposed taking no action. The formal SIP revisions were submitted by West Virginia on June 29, 2010, July 8, 2011, July 6, 2012, and July 1, 2014. While each of the SIP revisions was submitted individually, the EPA is finalizing approval of these submittals as a whole. As described in the proposal, there are some instances where specific language was added in a West Virginia regulation included in one of the earlier SIP submittals but the language was subsequently removed from that same regulation included in a later SIP submittal such that the EPA therefore only assessed the approvability of that portion of the regulation included in the later SIP submittal. It should be noted that the most recent version of West Virginia's nonattainment NSR regulations is the version included for SIP approval in the 2014 submittal, and this submittal reflects the sum of the changes made from the 2010, 2011, and 2012 submittals as well.\1\ --------------------------------------------------------------------------- \1\ The EPA, however, is acting on all four SIP submittals in this notice because each submittal contains necessary procedural information related to West Virginia's revisions to its nonattainment NSR regulations and development of its SIP submittals, which are required for SIP revisions by 40 CFR parts 51 and 52. --------------------------------------------------------------------------- In this final action, the EPA is revising 40 CFR part 52, subpart XX to reflect approval of revisions to West Virginia's nonattainment NSR program in Series 19 under Title 45 of West Virginia Code of State Rules (45CSR19), with the exception of certain provisions related to ethanol production facilities on which the EPA proposed taking no action. A full description of the revisions submitted by West Virginia is available in the proposed approval and in the docket for this rulemaking action. No comments were received during the public comment period for the proposed rule. II. Summary of SIP Revision The revisions submitted by WVDEP which the EPA is approving in this action involve amendments to 45CSR19 (Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas) as a result of Federal regulatory actions discussed in the proposal for this final rule. A summary of the changes made in the 2010, 2011, 2012, and 2014 submittals are available in the docket under ``Summary of West Virginia NSR Changes.'' As discussed in the proposal to this final rule, West Virginia's SIP revisions include provisions that exclude facilities that produce ethanol through a natural fermentation process from the [[Page 29973]] definition of ``chemical process plants'' in the major NSR source permitting program as amended in the 2007 Ethanol Rule. The 2010 submittal added provisions at 45CSR19-2.35.e.20 and 3.7.a.20 that remove certain ethanol production facilities from the definition of ``chemical process plants.'' These provisions are also included in the subsequent 2011, 2012, and 2014 submittals. In this final rulemaking, the EPA is taking no action on the submitted regulation revisions at 45CSR19-2.35.e.20 and 3.7.a.20 that address the 2007 Ethanol Rule. III. Final Action The EPA's review of this material indicates that the 2010, 2011, 2012 and 2014 SIP submittals collectively meet the federal counterpart requirements in 40 CFR parts 51 and 52 for a nonattainment NSR permitting program. For the reasons stated previously, the EPA is approving these WV SIP submissions with the exception of the revisions to 45CSR19-2.35.e.20 and 3.7.a.20. The EPA is taking no action on the 45CSR19 regulations relating to the definition of ``chemical process plants'' which are at 45CSR19-2.35.e.20 and 3.7.a.20. IV. Incorporation by Reference In this rulemaking action, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of 45CSR19, with the exception of certain provisions related to ethanol production facilities on which the EPA proposed taking no action. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). 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, the 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 Order 12866 (58 FR 51735, October 4, 1993); 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 the 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 the 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. The 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 July 27, 2015. 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 revisions to West Virginia's nonattainment NSR program 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 7, 2015. William C. Early, 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 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) is amended by revising the table heading and the entries for [45 CSR] Series 19, to read as follows: Sec. 52.2520 Identification of plan. * * * * * (c) * * * [[Page 29974]] Epa-Approved Regulations in the West Virginia Sip -------------------------------------------------------------------------------------------------------------------------------------------------------- State citation [Chapter 16-20 or State Additional explanation/citation at 40 45 CSR ] Title/Subject effective date EPA Approval date CFR 52.2565 -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [45 CSR] Series 19 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 45-19-1................... General.............. 6/1/2013 5/26/2015 Insert Federal Registercitation]. Section 45-19-2................... Definitions.......... 6/1/2013 5/26/2015 [Insert Federal Register EPA is taking no action on revisions (Except: 45CSR19-2.35.e.20)....... citation]. related to remove certain ethanol production facilities from the definition of ``chemical process plants.'' Section 45-19-3................... Applicability........ 6/1/2013 5/26/2015 [Insert Federal Register EPA is taking no action on revisions (Except: 45CSR19-3.7.a.20)........ citation]. related to remove certain ethanol production facilities from the definition of ``chemical process plants.'' Section 45-19-4................... Conditions for a 6/1/2013 5/26/2015 [Insert Federal Register Permit Approval for citation]. Proposed Major Sources that would Contribute to a Violation of NAAQS. Section 45-19-5................... Conditions for Permit 6/1/2013 5/26/2015 [Insert Federal Register Approval for Sources citation]. Locating in Attainment of Unclassifiable Areas That Would Cause a New Violation of a NAAQS. Section 45-19-6................... [Reserved]........... 6/1/2013 5/26/2015 [Insert Federal Register citation]. Section 45-19-7................... Baseline for 6/1/2013 5/26/2015 [Insert Federal Register Determining Credit citation]. for Emission Offsets. Section 45-19-8................... Location of Emissions 6/1/2013 5/26/2015 [Insert Federal Register Offsets. citation]. Section 45-19-9................... Administrative 6/1/2013 5/26/2015 [Insert Federal Register Procedures for citation]. Emission Offset Proposals. Section 45-19-10.................. [Reserved]........... 6/1/2013 5/26/2015 [Insert Federal Register citation]. Section 45-19-11.................. [Reserved]........... 6/1/2013 5/26/2015 [Insert Federal Register citation]. Section 45-19-12.................. Reasonable Further 6/1/2013 5/26/2015 [Insert Federal Register Progress. citation]. Section 45-19-13.................. Source Impact 6/1/2013 5/26/2015 [Insert Federal Register Analysis. citation]. Section 45-19-14.................. Permit Requirements 6/1/2013 5/26/2015 [Insert Federal Register for Major Stationary citation]. Sources and Major Modifications. Section 45-19-15.................. Public Review 6/1/2013 5/26/2015 [Insert Federal Register Procedures. citation]. Section 45-19-16.................. Public Meetings...... 6/1/2013 5/26/2015 [Insert Federal Register citation]. Section 45-19-17.................. Permit Transfer, 6/1/2013 5/26/2015 [Insert Federal Register Cancellation and citation]. Responsibility. Section 45-19-18.................. Disposition of 6/1/2013 5/26/2015 [Insert Federal Register Permits. citation]. Section 45-19-19.................. Requirements of Air 6/1/2013 5/26/2015 [Insert Federal Register Quality Models. citation]. Section 45-19-20.................. [Reserved]........... 6/1/2013 5/26/2015 [Insert Federal Register citation]. Section 45-19-21.................. [Reserved]........... 6/1/2013 5/26/2015 [Insert Federal Register citation]. Section 45-19-22.................. [Reserved]........... 6/1/2013 5/26/2015 [Insert Federal Register citation]. Section 45-19-23.................. Actuals PAL.......... 6/1/2013 5/26/2015 [Insert Federal Register citation]. Section 45-19-24.................. Conflict with Other 6/1/2013 5/26/2015 [Insert Federal Register Permitting Rules. citation]. Section 45-19-25.................. Inconsistency Between 6/1/2013 5/26/2015 [Insert Federal Register Rules. citation]. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 29975]] * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-12486 Filed 5-22-15; 8:45 am] BILLING CODE 6560-50-P
![29972 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
challenged later in proceedings to SUMMARY: The Environmental Protection submitted by West Virginia on June 29,
enforce its requirements. (See section Agency (EPA) is finalizing approval of 2010, July 8, 2011, July 6, 2012, and July
307(b)(2).) four State Implementation Plan (SIP) 1, 2014.
revisions submitted by the West While each of the SIP revisions was
List of Subjects in 40 CFR Part 52 submitted individually, the EPA is
Virginia Department of Environmental
Environmental protection, Air Protection for the State of West Virginia finalizing approval of these submittals
pollution control, Incorporation by on June 29, 2010, July 8, 2011, July 6, as a whole. As described in the
reference, Intergovernmental relations, 2012, and July 1, 2014 with the proposal, there are some instances
Nitrogen dioxide, Ozone, Reporting and exception of certain revisions related to where specific language was added in a
recordkeeping requirements, Volatile ethanol production facilities on which West Virginia regulation included in
organic compounds. the EPA is taking no action at this time. one of the earlier SIP submittals but the
Dated: May 13, 2015. These revisions pertain to West language was subsequently removed
Virginia’s nonattainment New Source from that same regulation included in a
William C. Early,
Review (NSR) program, notably later SIP submittal such that the EPA
Acting Regional Administrator, Region III.
provisions for preconstruction therefore only assessed the
40 CFR part 52 is amended as follows: permitting requirements for major approvability of that portion of the
sources of fine particulate matter (PM2.5) regulation included in the later SIP
PART 52—APPROVAL AND and NSR reform. This action is being submittal. It should be noted that the
PROMULGATION OF taken under the Clean Air Act (CAA). most recent version of West Virginia’s
IMPLEMENTATION PLANS DATES: This final rule is effective on nonattainment NSR regulations is the
June 25, 2015. version included for SIP approval in the
■ 1. The authority citation for part 52 2014 submittal, and this submittal
continues to read as follows: ADDRESSES: The EPA has established a
docket for this action under Docket ID reflects the sum of the changes made
Authority: 42 U.S.C. 7401 et seq. Number EPA–R03–OAR–2014–0792. All from the 2010, 2011, and 2012
documents in the docket are listed in submittals as well.1
Subpart V—Maryland the www.regulations.gov Web site. In this final action, the EPA is
Although listed in the electronic docket, revising 40 CFR part 52, subpart XX to
■ 2. In § 52.1082, paragraph (h) is added some information is not publicly reflect approval of revisions to West
to read as follows: available, i.e., confidential business Virginia’s nonattainment NSR program
information (CBI) or other information in Series 19 under Title 45 of West
§ 52.1082 Determinations of attainment. Virginia Code of State Rules (45CSR19),
* * * * * whose disclosure is restricted by statute.
Certain other material, such as with the exception of certain provisions
(h) EPA has determined, as of May 26, related to ethanol production facilities
2015, that based on 2012 to 2014 copyrighted material, is not placed on
the Internet and will be publicly on which the EPA proposed taking no
ambient air quality data, the Baltimore action. A full description of the
nonattainment area has attained the available only in hard copy form.
Publicly available docket materials are revisions submitted by West Virginia is
1997 8-hour ozone NAAQS. This available in the proposed approval and
determination, in accordance with 40 available either electronically through
www.regulations.gov or in hard copy for in the docket for this rulemaking action.
CFR 51.1118, suspends the requirement No comments were received during the
for this area to submit an attainment public inspection during normal
business hours at the Air Protection public comment period for the proposed
demonstration, associated reasonably rule.
available control measures, a reasonable Division, U.S. Environmental Protection
further progress plan, contingency Agency, Region III, 1650 Arch Street, II. Summary of SIP Revision
measures, and other planning SIPs Philadelphia, Pennsylvania 19103. The revisions submitted by WVDEP
related to attainment of the standard for Copies of the State submittal are which the EPA is approving in this
as long as this area continues to meet available at the West Virginia action involve amendments to 45CSR19
the 1997 8-hour ozone NAAQS. Department of Environmental (Permits for Construction and Major
Protection, Division of Air Quality, 601 Modification of Major Stationary
[FR Doc. 2015–12488 Filed 5–22–15; 8:45 am]
57th Street SE., Charleston, West Sources Which Cause or Contribute to
BILLING CODE 6560–50–P Virginia 25304. Nonattainment Areas) as a result of
FOR FURTHER INFORMATION CONTACT: Mr. Federal regulatory actions discussed in
Mike Gordon, (215) 814–2039, or by the proposal for this final rule. A
ENVIRONMENTAL PROTECTION
email at gordon.mike@epa.gov. summary of the changes made in the
AGENCY
SUPPLEMENTARY INFORMATION: 2010, 2011, 2012, and 2014 submittals
40 CFR Part 52 I. Background are available in the docket under
‘‘Summary of West Virginia NSR
[EPA–R03–OAR–2014–0792; FRL–9928–02– On February 5, 2015 (80 FR 6491), the Changes.’’
Region 3] EPA published a notice of proposed As discussed in the proposal to this
rulemaking (NPR) for the State of West final rule, West Virginia’s SIP revisions
Approval and Promulgation of Air Virginia. In the NPR, the EPA proposed
Quality Implementation Plans; West include provisions that exclude
approval of revisions to West Virginia’s facilities that produce ethanol through a
Virginia; Permits for Construction and nonattainment NSR program, notably
wreier-aviles on DSK5TPTVN1PROD with RULES
Major Modification of Major Stationary natural fermentation process from the
provisions for preconstruction
Sources Which Cause or Contribute to permitting requirements for major 1 The EPA, however, is acting on all four SIP
Nonattainment Areas sources of PM2.5 and for NSR reform, submittals in this notice because each submittal
with the exception of certain revisions contains necessary procedural information related
AGENCY: Environmental Protection to West Virginia’s revisions to its nonattainment
Agency (EPA). related to ethanol production facilities NSR regulations and development of its SIP
on which the EPA proposed taking no submittals, which are required for SIP revisions by
ACTION: Final rule.
action. The formal SIP revisions were 40 CFR parts 51 and 52.
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![Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 29973
definition of ‘‘chemical process plants’’ those imposed by state law. For that submit a report containing this action
in the major NSR source permitting reason, this action: and other required information to the
program as amended in the 2007 • Is not a ‘‘significant regulatory U.S. Senate, the U.S. House of
Ethanol Rule. The 2010 submittal added action’’ subject to review by the Office Representatives, and the Comptroller
provisions at 45CSR19–2.35.e.20 and of Management and Budget under General of the United States prior to
3.7.a.20 that remove certain ethanol Executive Order 12866 (58 FR 51735, publication of the rule in the Federal
production facilities from the definition October 4, 1993); Register. A major rule cannot take effect
of ‘‘chemical process plants.’’ These • does not impose an information until 60 days after it is published in the
provisions are also included in the collection burden under the provisions Federal Register. This action is not a
subsequent 2011, 2012, and 2014 of the Paperwork Reduction Act (44 ‘‘major rule’’ as defined by 5 U.S.C.
submittals. In this final rulemaking, the U.S.C. 3501 et seq.); 804(2).
EPA is taking no action on the • is certified as not having a
significant economic impact on a C. Petitions for Judicial Review
submitted regulation revisions at
45CSR19–2.35.e.20 and 3.7.a.20 that substantial number of small entities Under section 307(b)(1) of the CAA,
address the 2007 Ethanol Rule. under the Regulatory Flexibility Act (5 petitions for judicial review of this
U.S.C. 601 et seq.); action must be filed in the United States
III. Final Action • does not contain any unfunded Court of Appeals for the appropriate
The EPA’s review of this material mandate or significantly or uniquely circuit by July 27, 2015. Filing a petition
indicates that the 2010, 2011, 2012 and affect small governments, as described for reconsideration by the Administrator
2014 SIP submittals collectively meet in the Unfunded Mandates Reform Act of this final rule does not affect the
the federal counterpart requirements in of 1995 (Pub. L. 104–4); finality of this action for the purposes of
40 CFR parts 51 and 52 for a • does not have Federalism judicial review nor does it extend the
nonattainment NSR permitting program. implications as specified in Executive time within which a petition for judicial
For the reasons stated previously, the Order 13132 (64 FR 43255, August 10, review may be filed, and shall not
EPA is approving these WV SIP 1999); postpone the effectiveness of such rule
submissions with the exception of the • is not an economically significant or action. This action approving
revisions to 45CSR19–2.35.e.20 and regulatory action based on health or revisions to West Virginia’s
3.7.a.20. The EPA is taking no action on safety risks subject to Executive Order nonattainment NSR program may not be
the 45CSR19 regulations relating to the 13045 (62 FR 19885, April 23, 1997); challenged later in proceedings to
definition of ‘‘chemical process plants’’ • is not a significant regulatory action
enforce its requirements. (See section
which are at 45CSR19–2.35.e.20 and subject to Executive Order 13211 (66 FR
307(b)(2).)
3.7.a.20. 28355, May 22, 2001);
• is not subject to requirements of List of Subjects in 40 CFR Part 52
IV. Incorporation by Reference Section 12(d) of the National
Technology Transfer and Advancement Environmental protection, Air
In this rulemaking action, the EPA is pollution control, Carbon monoxide,
finalizing regulatory text that includes Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would Incorporation by reference,
incorporation by reference. In Intergovernmental relations, Lead,
accordance with requirements of 1 CFR be inconsistent with the CAA; and
• does not provide the EPA with the Nitrogen dioxide, Ozone, Particulate
51.5, the EPA is finalizing the matter, Reporting and recordkeeping
incorporation by reference of 45CSR19, discretionary authority to address, as
appropriate, disproportionate human requirements, Sulfur oxides, Volatile
with the exception of certain provisions organic compounds.
related to ethanol production facilities health or environmental effects, using
on which the EPA proposed taking no practicable and legally permissible Authority: 42 U.S.C. 7401 et seq.
action. The EPA has made, and will methods, under Executive Order 12898 Dated: May 7, 2015.
continue to make, these documents (59 FR 7629, February 16, 1994). William C. Early,
In addition, this rule does not have
generally available electronically Acting Regional Administrator, Region III.
tribal implications as specified by
through www.regulations.gov and/or in 40 CFR part 52 is amended as follows:
Executive Order 13175 (65 FR 67249,
hard copy at the appropriate EPA office
November 9, 2000), because the SIP is
(see the ADDRESSES section of this PART 52—APPROVAL AND
not approved to apply in Indian country
preamble for more information). PROMULGATION OF
located in the state, and the EPA notes
V. Statutory and Executive Order that it will not impose substantial direct IMPLEMENTATION PLANS
Reviews costs on tribal governments or preempt
■ 1. The authority citation for part 52
tribal law.
A. General Requirements continues to read as follows:
Under the CAA, the Administrator is B. Submission to Congress and the Authority: 42 U.S.C. 7401 et seq.
required to approve a SIP submission Comptroller General
that complies with the provisions of the The Congressional Review Act, 5 Subpart XX—West Virginia
CAA and applicable Federal regulations. U.S.C. 801 et seq., as added by the Small
42 U.S.C. 7410(k); 40 CFR 52.02(a). Business Regulatory Enforcement ■ 2. In § 52.2520, the table in paragraph
Thus, in reviewing SIP submissions, the Fairness Act of 1996, generally provides (c) is amended by revising the table
EPA’s role is to approve state choices, that before a rule may take effect, the
wreier-aviles on DSK5TPTVN1PROD with RULES
heading and the entries for [45 CSR]
provided that they meet the criteria of agency promulgating the rule must Series 19, to read as follows:
the CAA. Accordingly, this action submit a rule report, which includes a
merely approves state law as meeting copy of the rule, to each House of the § 52.2520 Identification of plan.
Federal requirements and does not Congress and to the Comptroller General * * * * *
impose additional requirements beyond of the United States. The EPA will (c) * * *
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State citation [Chapter 16–20 or State effective Additional explanation/cita-
Title/Subject EPA Approval date
45 CSR ] date tion at 40 CFR 52.2565
* * * * * * *
[45 CSR] Series 19 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or
Contribute to Nonattainment
Section 45–19–1 .......................... General ........................................ 6/1/2013 5/26/2015 Insert Fed-
eral Registercitation].
Section 45–19–2 .......................... Definitions .................................... 6/1/2013 5/26/2015 [Insert Fed- EPA is taking no action on
(Except: 45CSR19–2.35.e.20) ..... eral Register citation]. revisions related to re-
move certain ethanol
production facilities from
the definition of ‘‘chem-
ical process plants.’’
Section 45–19–3 .......................... Applicability .................................. 6/1/2013 5/26/2015 [Insert Fed- EPA is taking no action on
(Except: 45CSR19–3.7.a.20) ....... eral Register citation]. revisions related to re-
move certain ethanol
production facilities from
the definition of ‘‘chem-
ical process plants.’’
Section 45–19–4 .......................... Conditions for a Permit Approval 6/1/2013 5/26/2015 [Insert Fed-
for Proposed Major Sources eral Register citation].
that would Contribute to a Vio-
lation of NAAQS.
Section 45–19–5 .......................... Conditions for Permit Approval 6/1/2013 5/26/2015 [Insert Fed-
for Sources Locating in Attain- eral Register citation].
ment of Unclassifiable Areas
That Would Cause a New Vio-
lation of a NAAQS.
Section 45–19–6 .......................... [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–7 .......................... Baseline for Determining Credit 6/1/2013 5/26/2015 [Insert Fed-
for Emission Offsets. eral Register citation].
Section 45–19–8 .......................... Location of Emissions Offsets ..... 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–9 .......................... Administrative Procedures for 6/1/2013 5/26/2015 [Insert Fed-
Emission Offset Proposals. eral Register citation].
Section 45–19–10 ........................ [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–11 ........................ [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–12 ........................ Reasonable Further Progress ..... 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–13 ........................ Source Impact Analysis ............... 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–14 ........................ Permit Requirements for Major 6/1/2013 5/26/2015 [Insert Fed-
Stationary Sources and Major eral Register citation].
Modifications.
Section 45–19–15 ........................ Public Review Procedures .......... 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–16 ........................ Public Meetings ........................... 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–17 ........................ Permit Transfer, Cancellation and 6/1/2013 5/26/2015 [Insert Fed-
Responsibility. eral Register citation].
Section 45–19–18 ........................ Disposition of Permits .................. 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–19 ........................ Requirements of Air Quality Mod- 6/1/2013 5/26/2015 [Insert Fed-
els. eral Register citation].
Section 45–19–20 ........................ [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–21 ........................ [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–22 ........................ [Reserved] ................................... 6/1/2013 5/26/2015 [Insert Fed-
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eral Register citation].
Section 45–19–23 ........................ Actuals PAL ................................. 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
Section 45–19–24 ........................ Conflict with Other Permitting 6/1/2013 5/26/2015 [Insert Fed-
Rules. eral Register citation].
Section 45–19–25 ........................ Inconsistency Between Rules ..... 6/1/2013 5/26/2015 [Insert Fed-
eral Register citation].
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![Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 29975
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State citation [Chapter 16–20 or State effective Additional explanation/cita-
Title/Subject EPA Approval date
45 CSR ] date tion at 40 CFR 52.2565
* * * * * * *
* * * * * I. Abbreviations Lawrence Seaway and the Great Lakes
[FR Doc. 2015–12486 Filed 5–22–15; 8:45 am]
CFR Code of Federal Regulations system.7 The Act requires the Secretary
BILLING CODE 6560–50–P E.O. Executive Order to ‘‘prescribe by regulation rates and
FR Federal Register charges for pilotage services, giving
MISLE Marine Information for Safety and consideration to the public interest and
Law Enforcement the costs of providing the services.’’ 8
DEPARTMENT OF HOMELAND NAICS North American Industry
SECURITY Rates must be established or reviewed
Classification System and adjusted each year, not later than
NPRM Notice of proposed rulemaking
Coast Guard OMB Office of Management and Budget
March 1. Base rates must be established
§ Section symbol by a full ratemaking at least once every
46 CFR Part 401 U.S.C. United States Code 5 years, and in years when base rates are
not established, they must be reviewed
[Docket No. USCG–2014–0481] II. Regulatory History and, if necessary, adjusted.9 The
On September 4, 2014, we published Secretary’s duties and authority under
RIN 1625–AC22 a notice of proposed rulemaking the Act have been delegated to the Coast
(NPRM) titled ‘‘Great Lakes Pilotage Guard.10 Coast Guard regulations
Great Lakes Pilotage Rates—2015
Rates—2015 Annual Review and implementing the Act appear in parts
Annual Review and Adjustment
Adjustment’’ in the Federal Register.1 401 through 404 of Title 46, Code of
AGENCY: Coast Guard, DHS. On December 1, 2014, we published Federal Regulations (CFR). Procedures
ACTION: Final rule; change in effective revenue audits of the pilot associations for use in establishing base rates appear
date. and reopened the public comment in 46 CFR part 404, appendix A, and
period in the Federal Register.2 On procedures for annual review and
SUMMARY: The Coast Guard is advancing February 26, 2015, we published a final adjustment of existing base rates appear
the effective date for the 2015 final rule rule entitled ‘‘Great Lakes Pilotage in 46 CFR part 404, appendix C.
which published on February 26, 2015, Rates—2015 Annual Review and This final rule advances the effective
adjusting rates for pilotage services on Adjustment.’’ 3 date of the 2015 final rule published on
the Great Lakes in accordance with a III. Background February 26, 2015, which established
full ratemaking procedure. The rate new base pilotage rates, using the
adjustments made by the February 2015 The vessels affected by this methodology found in 46 CFR part 404,
final rule are unchanged, but instead of rulemaking are those engaged in foreign appendix A.
taking effect on August 1, 2015, the rates trade upon the U.S. waters of the Great
Lakes. United States and Canadian IV. 2014 Litigation
will take effect June 2, 2015. This
rulemaking rule promotes the Coast ‘‘lakers,’’ 4 which account for most The Coast Guard published its ‘‘Great
Guard’s strategic goal of maritime safety. commercial shipping on the Great Lakes Pilotage Rates—2014 Annual
Lakes, are not affected.5 For further Review and Adjustment’’ final rule on
DATES: The effective date for the final
background information, please see the March 4, 2014. Rates set in that rule
rule published February 26, 2015 (80 FR February 26, 2015 final rule at 80 FR
10365), is changed from August 1, 2015, took effect on August 1, 2014, and have
10365 at 10366. For further information remained in effect since then.11 Shortly
to June 2, 2015. summarizing the February final rule, see after publication, the three Great Lakes
FOR FURTHER INFORMATION CONTACT: If pages 10368 through 10383 of that pilot associations filed suit 12 under the
you have questions on this rule, call or document. Administrative Procedure Act (APA),13
email Mr. Todd Haviland, Director, The basis of this rule is the Great challenging the manner in which the
Great Lakes Pilotage, Commandant (CG– Lakes Pilotage Act of 1960 (‘‘the Act’’) Coast Guard applied American Maritime
WWM–2), Coast Guard; telephone 202– (46 U.S.C. Chapter 93), which requires
Officers Union wage and benefit data.
372–2037, email U.S. vessels operating ‘‘on register’’ 6
Under the Coast Guard ratemaking
Todd.A.Haviland@uscg.mil, or fax 202– and foreign vessels to use U.S. or
methodology, that data significantly
372–1914. Canadian registered pilots while
affects rate adjustments. On March 27,
SUPPLEMENTARY INFORMATION: transiting the U.S. waters of the St.
2015, the court issued a memorandum
Table of Contents for Preamble 1 79
opinion holding that the Coast Guard
FR 52602 (Sept. 4, 2014).
2 79
FR 71082 (Dec. 1, 2014).
I. Abbreviations 7 46 U.S.C. 9302(a)(1).
3 80 FR 10365 (Feb. 26, 2015).
II. Regulatory History 8 46 U.S.C. 9303(f).
4 A ‘‘laker’’ is a commercial cargo vessel
III. Background
wreier-aviles on DSK5TPTVN1PROD with RULES
9 Id.
IV. 2014 Litigation especially designed for and generally limited to use
10 Department of Homeland Security Delegation
on the Great Lakes.
V. Good Cause 5 46 U.S.C. 9302. No. 0170.1, paragraph (92)(f).
VI. Regulatory Analyses 6 ‘‘On register’’ means that the vessel’s certificate 11 79 FR 12084 (Mar. 4, 2014).
A. Regulatory Planning and Review of documentation has been endorsed with a registry 12 The case is St. Lawrence Seaway Pilots
B. Small Entities endorsement, and therefore, may be employed in Association, Inc., et al., v. United States Coast
C. Assistance for Small Entities foreign trade or trade with Guam, American Samoa, Guard, Civil Action No. 14–cv–392 (TSC), (D.D.C.
D. Collection of Information Wake, Midway, or Kingman Reef. 46 U.S.C. 12105, March 27, 2015).
E. Federalism 46 CFR 67.17. 13 5 U.S.C. 551 et seq.
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Document Created: 2018-02-21 10:31:32
Document Modified: 2018-02-21 10:31:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on June 25, 2015. | |
| Contact | Mr. Mike Gordon, (215) 814-2039, or by email at [email protected] | |
| FR Citation | 80 FR 29972 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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