81_FR_53163 81 FR 53008 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Prevention of Significant Deterioration and Approval of Infrastructure State Implementation Plans for Specific National Ambient Air Quality Standards

81 FR 53008 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Prevention of Significant Deterioration and Approval of Infrastructure State Implementation Plans for Specific National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 155 (August 11, 2016)

Page Range53008-53012
FR Document2016-18518

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the West Virginia Department of Environmental Protection (WVDEP) for the State of West Virginia on June 3, 2015. This revision pertains to West Virginia's Prevention of Significant Deterioration (PSD) permit program regulations for preconstruction permitting requirements for major sources. The revision includes a change in West Virginia's PSD regulations related to emissions of fine particulate matter (PM<INF>2.5</INF>). The State's June 3, 2015 submittal satisfies its obligations pursuant to an earlier rulemaking in which EPA granted final conditional approval of West Virginia's PSD implementing regulations. This action also addresses specific infrastructure program elements specified in Clean Air Act (CAA) section 110(a)(2) necessary to implement, maintain, and enforce several national ambient air quality standards (NAAQS). This action is being taken under the CAA.

Federal Register, Volume 81 Issue 155 (Thursday, August 11, 2016)
[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 53008-53012]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18518]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0539; FRL-9950-29-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Prevention of Significant Deterioration and Approval of 
Infrastructure State Implementation Plans for Specific National Ambient 
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the West Virginia 
Department of Environmental Protection (WVDEP) for the State of West 
Virginia on June 3, 2015. This revision pertains to West Virginia's 
Prevention of Significant Deterioration (PSD) permit program 
regulations for preconstruction permitting requirements for major 
sources. The revision includes a change in West Virginia's PSD 
regulations related to emissions of fine particulate matter 
(PM2.5). The State's June 3, 2015 submittal satisfies its 
obligations pursuant to an earlier rulemaking in which EPA granted 
final conditional approval of West Virginia's PSD implementing 
regulations. This action also addresses specific infrastructure program 
elements specified in Clean Air Act (CAA) section 110(a)(2) necessary 
to implement, maintain, and enforce several national ambient air 
quality standards (NAAQS). This action is being taken under the CAA.

DATES: This final rule is effective on September 12, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0539. 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 through www.regulations.gov or may be viewed 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. Paul Wentworth, (215) 814-2183, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 11, 2016 (81 FR 1133), EPA published a notice of 
proposed rulemaking (NPR) for the State of West Virginia. In the NPR, 
EPA proposed approval of a revision to West Virginia's PSD permit 
program regulations for preconstruction permitting requirements for 
major sources. The revision includes revised West Virginia PSD 
regulations related to emissions of PM2.5. The formal SIP 
revision was submitted by the State of West Virginia on June 3, 2015.

II. Summary of SIP Revision

    The SIP revision submitted by WVDEP on June 3, 2015 pertains to 
revisions to its PSD permit program regulations at 45CSR14-16.7.c that 
establish a significant monitoring concentration (SMC) value of zero 
micrograms per cubic meter for PM2.5. The submission of this 
revision allows EPA to change its conditional approval of 45CSR14 to a 
full approval. Because this submission fulfills the commitment made by 
West Virginia in the final conditional approval of West Virginia's 
earlier submittals of revisions to 45CSR14 as discussed in the NPR, EPA 
is now fully approving West Virginia's PSD regulations at 45CSR14 in 
its entirety as 45CSR14 meets requirements in the CAA and its 
implementing regulations and removing the prior conditional approval. 
See 80 FR 36483 (final conditional approval of prior SIP submissions of 
revisions to 45CSR14).
    With its submittal, West Virginia has made all of the changes to 
its PSD implementing regulations necessary to address PM2.5 
as prescribed by the CAA, 40 CFR 51.166, and the May 16, 2008 new 
source review implementation rule for PM2.5 at 73 FR 28321. 
Because West Virginia's regulations at 45CSR14 fully meet the federal 
requirements for PSD in the CAA, EPA also found that West Virginia's 
PSD program now addresses specific PSD-related portions of the 
infrastructure program elements in section 110(a)(2) of the CAA for the 
1997 ozone and PM2.5 NAAQS, the 2006 PM2.5 NAAQS, 
the 2008 lead and ozone NAAQS, and the 2010 nitrogen dioxide 
(NO2) and sulfur dioxide (SO2) NAAQS. Other 
specific requirements of and the rationale for EPA's approval action of 
West Virginia's revised PSD regulations and relevant infrastructure SIP 
revisions for several NAAQS are explained in the NPR and will not be 
restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving this SIP revision submitted by WVDEP as a revision 
to the West Virginia SIP for its PSD program and removing a prior 
conditional approval on the PSD program. In this action, EPA is also 
approving several of West Virginia's infrastructure SIP revisions as 
meeting the PSD elements of section 110(a)(2) of the CAA for the 1997 
ozone and PM2.5 NAAQS, the 2006 PM2.5 NAAQS, the 
2008 lead and ozone NAAQS, and the 2010 NO2 and 
SO2 NAAQS.

[[Page 53009]]

IV. Incorporation by Reference

    In this rule 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 45CSR14-
16.7.c, described in the amendments to 40 CFR part 52 set forth below. 
The EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or may be 
viewed 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, 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 October 11, 2016. 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 which revises West Virginia's PSD regulations 
related to emissions of PM2.5 and which approves portions of 
several infrastructure SIPs as addressing PSD elements in CAA section 
110(a)(2) 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, Incorporation by 
reference, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 25, 2016.
Shawn M. Garvin,
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:
0
a. The table in paragraph (c) is amended by revising the entries for 
45CSR Series 14.
0
b. The table in paragraph (e) is amended by revising the entries for:
0
i. Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour 
Ozone NAAQS,
0
ii. Section 110(a)(2) Infrastructure Requirements for the 1997 
PM2.5 NAAQS,
0
iii. Section 110(a)(2) Infrastructure Requirements for the 2006 
PM2.5 NAAQS,
0
iv. Section 110(a)(2) Infrastructure Requirements for the 2008 Lead 
NAAQS,
0
v. Section 110(a)(2) Infrastructure Requirements for the 2008 8-Hour 
Ozone NAAQS,
0
vi. Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen 
Dioxide NAAQS, and
0
vii. Section 110(a)(2) Infrastructure Requirements for the 2010 1-Hour 
Sulfur Dioxide NAAQS.
    The revised text reads as follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

[[Page 53010]]



                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                   Additional
 State citation [Chapter 16-20                             State effective                        explanation/
          or 45 CSR ]                 Title/Subject             date        EPA Approval date    Citation at 40
                                                                                                  CFR 52.2565
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 [45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
                                 for the Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Section 45-14-1................  General................        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-2................  Definitions............        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-3................  Applicability..........        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-4................  Ambient Air Quality            06/01/2015  08/11/2016,        .................
                                  Increments and                             [Insert Federal
                                  Ceilings.                                  Register
                                                                             citation].
Section 45-14-5................  Area Classification....        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-6................  Prohibition of                 06/01/2015  08/11/2016,        .................
                                  Dispersion Enhancement                     [Insert Federal
                                  Techniques.                                Register
                                                                             citation].
Section 45-14-7................  Registration, Report           06/01/2015  08/11/2016,        .................
                                  and Permit                                 [Insert Federal
                                  Requirements for Major                     Register
                                  Stationary Sources and                     citation].
                                  Major Modifications.
Section 45-14-8................  Requirements Relating          06/01/2015  08/11/2016,        .................
                                  to Control Technology.                     [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-9................  Requirements Relating          06/01/2015  08/11/2016,        .................
                                  to the Source's Impact                     [Insert Federal
                                  on Air Quality.                            Register
                                                                             citation].
Section 45-14-10...............  Modeling Requirements..        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-11...............  Air Quality Monitoring         06/01/2015  08/11/2016,        .................
                                  Requirements.                              [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-12...............  Additional Impacts             06/01/2015  08/11/2016,        .................
                                  Analysis Requirements.                     [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-13...............  Additional Requirements        06/01/2015  08/11/2016,        .................
                                  and Variances for                          [Insert Federal
                                  Source Impacting                           Register
                                  Federal Class 1 Areas.                     citation].
Section 45-14-14...............  Procedures for Sources         06/01/2015  08/11/2016,        .................
                                  Employing Innovative                       [Insert Federal
                                  Control Technology.                        Register
                                                                             citation].
Section 45-14-15...............  Exclusions From                06/01/2015  08/11/2016,        .................
                                  Increment Consumption.                     [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-16...............  Specific Exemptions....        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-17...............  Public Review                  06/01/2015  08/11/2016,        .................
                                  Procedures.                                [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-18...............  Public Meetings........        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-19...............  Permit Transfer,               06/01/2015  08/11/2016,        .................
                                  Cancellation and                           [Insert Federal
                                  Responsibility.                            Register
                                                                             citation].
Section 45-14-20...............  Disposition of Permits.        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-21...............  Conflict with Other            06/01/2015  08/11/2016,        .................
                                  Permitting Rules.                          [Insert Federal
                                                                             Register
                                                                             citation].

[[Page 53011]]

 
Section 45-14-25...............  Actual PALs............        06/01/2015  08/11/2016,        .................
                                                                             [Insert Federal
                                                                             Register
                                                                             citation].
Section 45-14-26...............  Inconsistency Between          06/01/2015  08/11/2016,        .................
                                  Rules.                                     [Insert Federal
                                                                             Register
                                                                             citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable      State submittal
            revision              geographic area          date        EPA Approval date  Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2)                Statewide........  12/3/07, 5/21/08.  8/4/11, 76 FR      This action addresses
 Infrastructure Requirements                                            47062.             the following CAA
 for the 1997 8-Hour Ozone                                                                 elements or portions
 NAAQS.                                                                                    thereof:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D)(ii), (E),
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L), and (M).
                                                    12/3/07, 12/11/    10/17/12, 77 FR    Approval of the
                                                     07, 8/31/11.       63736.             following PSD-related
                                                                                           elements or portions
                                                                                           thereof:
                                                                                           110(a)(2)(D)(i)(II),
                                                                                           except taking no
                                                                                           action on the
                                                                                           definition of
                                                                                           ``regulated NSR
                                                                                           pollutant'' found at
                                                                                           45CSR14 section 2.66
                                                                                           only as it relates to
                                                                                           the requirement to
                                                                                           include condensable
                                                                                           emissions of
                                                                                           particulate matter in
                                                                                           that definition. See
                                                                                           Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(D)(i)(II).
                                                                        citation].         See Sec.   52.2520.
Section 110(a)(2)                Statewide........  4/3/08, 5/21/08,   8/4/11, 76 FR      This action addresses
 Infrastructure Requirements                         7/9/08, 3/18/10.   47062.             the following CAA
 for the 1997 PM2.5 NAAQS.                                                                 elements or portions
                                                                                           thereof:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D)(ii), (E),
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L), and (M).
                                                    12/11/07, 4/3/08,  10/17/12, 77 FR    Approval of the
                                                     8/31/11.           63736.             following PSD-related
                                                                                           elements or portions
                                                                                           thereof: 110(a)(2)(D)
                                                                                           (i)(II), except
                                                                                           taking no action on
                                                                                           the definition of
                                                                                           ``regulated NSR
                                                                                           pollutant'' found at
                                                                                           45CSR14 section 2.66
                                                                                           only as it relates to
                                                                                           the requirement to
                                                                                           include condensable
                                                                                           emissions of
                                                                                           particulate matter in
                                                                                           that definition. See
                                                                                           Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(D)(i)(II).
                                                                        citation].         See Sec.   52.2520.
Section 110(a)(2)                Statewide........  10/1/09, 3/18/10.  8/4/11, 76 FR      This action addresses
 Infrastructure Requirements                                            47062.             the following CAA
 for the 2006 PM2.5 NAAQS.                                                                 elements or portions
                                                                                           thereof:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D)(ii), (E),
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L), and (M).
                                                    10/1/09, 8/31/11.  10/17/12, 77 FR    Approval of the
                                                                        63736.             following PSD-related
                                                                                           elements or portions
                                                                                           thereof: 110(a)(2)(D)
                                                                                           (i)(II), except
                                                                                           taking no action on
                                                                                           the definition of
                                                                                           ``regulated NSR
                                                                                           pollutant'' found at
                                                                                           45CSR14 section 2.66
                                                                                           only as it relates to
                                                                                           the requirement to
                                                                                           include condensable
                                                                                           emissions of
                                                                                           particulate matter in
                                                                                           that definition. See
                                                                                           Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(D)(i)(II).
                                                                        citation].         See Sec.   52.2520.
 

[[Page 53012]]

 
                                                  * * * * * * *
Section 110(a)(2)                Statewide........  10/26/11.........  9/10/12, 77 FR     This action addresses
 Infrastructure Requirements                                            55417.             the following CAA
 for the 2008 Lead NAAQS.                                                                  elements:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M), or
                                                                                           portions thereof.
                                                    8/31/11, 10/26/11  10/17/12, 77 FR    Approval of the
                                                                        63736.             following elements or
                                                                                           portions thereof:
                                                                                           110(a)(2)(C),
                                                                                           (D)(i)(II), and (J),
                                                                                           except taking no
                                                                                           action on the
                                                                                           definition of
                                                                                           ``regulated NSR
                                                                                           pollutant'' found at
                                                                                           45CSR14 section 2.66
                                                                                           only as it relates to
                                                                                           the requirement to
                                                                                           include condensable
                                                                                           emissions of
                                                                                           particulate matter in
                                                                                           that definition. See
                                                                                           Sec.   52.2522(i).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                           See Sec.   52.2520.
Section 110(a)(2)                Statewide........  8/31/11, 2/17/12.  10/17/12, 77 FR    Approval of the
 Infrastructure Requirements                                            63736.             following PSD-related
 for the 2008 8-Hour Ozone                                                                 elements or portions
 NAAQS.                                                                                    thereof:
                                                                                           110(a)(2)(C),
                                                                                           (D)(i)(II), and (J),
                                                                                           except taking no
                                                                                           action on the
                                                                                           definition of
                                                                                           ``regulated NSR
                                                                                           pollutant'' found at
                                                                                           45CSR14 section 2.66
                                                                                           only as it relates to
                                                                                           the requirement to
                                                                                           include condensable
                                                                                           emissions of
                                                                                           particulate matter in
                                                                                           that definition. See
                                                                                           Sec.   52.2522(i).
                                                    2/17/12..........  4/7/2014,........  This action addresses
                                                                       79 FR 19001......   the following CAA
                                                                                           elements, or portions
                                                                                           thereof:
                                                                                           110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M).
                                                    7/24/14..........  3/9/15,..........  Addresses CAA element
                                                                       80 FR 12348......   110(a)(2)(E)(ii).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                           See Sec.   52.2520.
 
                                                  * * * * * * *
Section 110(a)(2)                Statewide........  12/13/12.........  1/22/14, 78 FR     This action addresses
 Infrastructure Requirements                                            3504.              the following CAA
 for the 2010 Nitrogen Dioxide                                                             elements:
 NAAQS.                                                                                    110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M), or
                                                                                           portions thereof.
                                                    7/24/14..........  3/9/15, 80 FR      Addresses CAA element
                                                                        12348.             110(a)(2)(E)(ii).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                           See Sec.   52.2520.
 
                                                  * * * * * * *
Section 110(a)(2)                Statewide........  6/25/13..........  10/16/14, 79 FR    This action addresses
 Infrastructure Requirements                                            62035.             the following CAA
 for the 2010 1-Hour Sulfur                                                                elements:
 Dioxide NAAQS.                                                                            110(a)(2)(A), (B),
                                                                                           (C) (enforcement and
                                                                                           minor new source
                                                                                           review), (D)(ii),
                                                                                           (E)(i) and (iii),
                                                                                           (F), (G), (H), (J)
                                                                                           (consultation, public
                                                                                           notification, and
                                                                                           visibility
                                                                                           protection), (K),
                                                                                           (L), and (M).
                                                    7/24/14..........  3/9/15, 80 FR      Addresses CAA element
                                                                        12348.             110(a)(2)(E)(ii).
                                                    6/1/2015.........  8/11/2016,.......  Approval of PSD-
                                                                       [Insert Federal     related element
                                                                        Register           110(a)(2)(C),
                                                                        citation].         (D)(i)(II), and (J).
                                                                                           See Sec.   52.2520.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-18518 Filed 8-10-16; 8:45 am]
 BILLING CODE 6560-50-P



                                              53008             Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations

                                              PART 50—NATIONAL PRIMARY AND                             Significant Deterioration (PSD) permit                II. Summary of SIP Revision
                                              SECONDARY AMBIENT AIR QUALITY                            program regulations for preconstruction
                                              STANDARDS                                                permitting requirements for major                        The SIP revision submitted by
                                                                                                       sources. The revision includes a change               WVDEP on June 3, 2015 pertains to
                                              ■ 1. The authority citation for part 50                  in West Virginia’s PSD regulations                    revisions to its PSD permit program
                                              continues to read as follows:                            related to emissions of fine particulate              regulations at 45CSR14–16.7.c that
                                                  Authority: 42 U.S.C. 7401 et seq.                    matter (PM2.5). The State’s June 3, 2015              establish a significant monitoring
                                                                                                       submittal satisfies its obligations                   concentration (SMC) value of zero
                                              ■ 2. In appendix N to part 50, in section                pursuant to an earlier rulemaking in                  micrograms per cubic meter for PM2.5.
                                              4.4, Equation 2 is revised to read as                    which EPA granted final conditional                   The submission of this revision allows
                                              follows:                                                 approval of West Virginia’s PSD                       EPA to change its conditional approval
                                              Appendix N to Part 50—Interpretation                     implementing regulations. This action                 of 45CSR14 to a full approval. Because
                                              of the National Ambient Air Quality                      also addresses specific infrastructure                this submission fulfills the commitment
                                              Standards for PM2.5                                      program elements specified in Clean Air               made by West Virginia in the final
                                                                                                       Act (CAA) section 110(a)(2) necessary to              conditional approval of West Virginia’s
                                              *     *    *  *      *
                                                                                                       implement, maintain, and enforce                      earlier submittals of revisions to
                                                4.4 Equations for the Annual PM2.5
                                                                                                       several national ambient air quality                  45CSR14 as discussed in the NPR, EPA
                                              NAAQS
                                                                                                       standards (NAAQS). This action is being               is now fully approving West Virginia’s
                                              *     *    *  *      *                                   taken under the CAA.
                                                (b) * * *                                                                                                    PSD regulations at 45CSR14 in its
                                                                                                       DATES: This final rule is effective on                entirety as 45CSR14 meets requirements
                                                                                                       September 12, 2016.                                   in the CAA and its implementing
                                                                                                       ADDRESSES: EPA has established a                      regulations and removing the prior
                                                                                                       docket for this action under Docket ID                conditional approval. See 80 FR 36483
                                                                                                       Number EPA–R03–OAR–2015–0539. All                     (final conditional approval of prior SIP
                                                                                                       documents in the docket are listed in                 submissions of revisions to 45CSR14).
                                                                                                       the www.regulations.gov Web site.                        With its submittal, West Virginia has
                                                                                                       Although listed in the electronic docket,             made all of the changes to its PSD
                                                                                                       some information is not publicly                      implementing regulations necessary to
                                                                                                       available, i.e., confidential business                address PM2.5 as prescribed by the CAA,
                                              Where:                                                   information (CBI) or other information                40 CFR 51.166, and the May 16, 2008
                                                                                                       whose disclosure is restricted by statute.            new source review implementation rule
                                              Xy = the annual mean concentration for year              Certain other material, such as
                                                  y (y = 1, 2, or 3);                                                                                        for PM2.5 at 73 FR 28321. Because West
                                              nQy = the number of complete quarters Q in
                                                                                                       copyrighted material, is not placed on                Virginia’s regulations at 45CSR14 fully
                                                  year y; and                                          the Internet and will be publicly                     meet the federal requirements for PSD
                                              Xqy = the mean for quarter q of year y (result           available only in hard copy form.
                                                                                                                                                             in the CAA, EPA also found that West
                                                  of equation 1).                                      Publicly available docket materials are
                                                                                                                                                             Virginia’s PSD program now addresses
                                              *       *     *       *      *                           available through www.regulations.gov
                                                                                                                                                             specific PSD-related portions of the
                                              [FR Doc. 2016–19034 Filed 8–10–16; 8:45 am]              or may be viewed during normal
                                                                                                                                                             infrastructure program elements in
                                              BILLING CODE 6560–50–P
                                                                                                       business hours at the Air Protection
                                                                                                       Division, U.S. Environmental Protection               section 110(a)(2) of the CAA for the
                                                                                                       Agency, Region III, 1650 Arch Street,                 1997 ozone and PM2.5 NAAQS, the 2006
                                                                                                       Philadelphia, Pennsylvania 19103.                     PM2.5 NAAQS, the 2008 lead and ozone
                                              ENVIRONMENTAL PROTECTION
                                                                                                       Copies of the State submittal are                     NAAQS, and the 2010 nitrogen dioxide
                                              AGENCY
                                                                                                       available at the West Virginia                        (NO2) and sulfur dioxide (SO2) NAAQS.
                                              40 CFR Part 52                                           Department of Environmental                           Other specific requirements of and the
                                                                                                       Protection, Division of Air Quality, 601              rationale for EPA’s approval action of
                                              [EPA–R03–OAR–2015–0539; FRL–9950–29–
                                                                                                       57th Street SE., Charleston, West                     West Virginia’s revised PSD regulations
                                              Region 3]
                                                                                                       Virginia 25304.                                       and relevant infrastructure SIP revisions
                                              Approval and Promulgation of Air                                                                               for several NAAQS are explained in the
                                                                                                       FOR FURTHER INFORMATION CONTACT: Mr.
                                              Quality Implementation Plans; West                       Paul Wentworth, (215) 814–2183, or by                 NPR and will not be restated here. No
                                              Virginia; Prevention of Significant                      email at Wentworth.paul@epa.gov.                      public comments were received on the
                                              Deterioration and Approval of                                                                                  NPR.
                                                                                                       SUPPLEMENTARY INFORMATION:
                                              Infrastructure State Implementation                                                                            III. Final Action
                                              Plans for Specific National Ambient Air                  I. Background
                                              Quality Standards                                                                                                EPA is approving this SIP revision
                                                                                                         On January 11, 2016 (81 FR 1133),
                                              AGENCY:  Environmental Protection                        EPA published a notice of proposed                    submitted by WVDEP as a revision to
                                              Agency (EPA).                                            rulemaking (NPR) for the State of West                the West Virginia SIP for its PSD
                                                                                                       Virginia. In the NPR, EPA proposed                    program and removing a prior
                                              ACTION: Final rule.
                                                                                                       approval of a revision to West Virginia’s             conditional approval on the PSD
                                              SUMMARY:  The Environmental Protection                   PSD permit program regulations for                    program. In this action, EPA is also
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                                              Agency (EPA) is approving a State                        preconstruction permitting                            approving several of West Virginia’s
                                              Implementation Plan (SIP) revision                       requirements for major sources. The                   infrastructure SIP revisions as meeting
                                              submitted by the West Virginia                           revision includes revised West Virginia               the PSD elements of section 110(a)(2) of
                                              Department of Environmental Protection                   PSD regulations related to emissions of               the CAA for the 1997 ozone and PM2.5
                                              (WVDEP) for the State of West Virginia                   PM2.5. The formal SIP revision was                    NAAQS, the 2006 PM2.5 NAAQS, the
                                              on June 3, 2015. This revision pertains                  submitted by the State of West Virginia               2008 lead and ozone NAAQS, and the
                                                                                                                                                                                                         ER11AU16.002</GPH>




                                              to West Virginia’s Prevention of                         on June 3, 2015.                                      2010 NO2 and SO2 NAAQS.


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                                                               Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations                                              53009

                                              IV. Incorporation by Reference                             • is not a significant regulatory action           approves portions of several
                                                                                                      subject to Executive Order 13211 (66 FR               infrastructure SIPs as addressing PSD
                                                In this rule the EPA is finalizing                    28355, May 22, 2001);                                 elements in CAA section 110(a)(2) may
                                              regulatory text that includes                              • is not subject to requirements of                not be challenged later in proceedings to
                                              incorporation by reference. In                          Section 12(d) of the National                         enforce its requirements. (See section
                                              accordance with requirements of 1 CFR                   Technology Transfer and Advancement                   307(b)(2).)
                                              51.5, the EPA is finalizing the                         Act of 1995 (15 U.S.C. 272 note) because
                                              incorporation by reference of 45CSR14–                  application of those requirements would               List of Subjects in 40 CFR Part 52
                                              16.7.c, described in the amendments to                  be inconsistent with the CAA; and                       Environmental protection, Air
                                              40 CFR part 52 set forth below. The EPA                    • does not provide EPA with the                    pollution control, Incorporation by
                                              has made, and will continue to make,                    discretionary authority to address, as                reference, Carbon monoxide,
                                              these documents generally available                     appropriate, disproportionate human                   Intergovernmental relations, Lead,
                                              electronically through                                  health or environmental effects, using                Nitrogen dioxide, Ozone, Particulate
                                              www.regulations.gov and/or may be                       practicable and legally permissible                   matter, Reporting and recordkeeping
                                              viewed at the appropriate EPA office                    methods, under Executive Order 12898                  requirements, Sulfur oxides, Volatile
                                              (see the ADDRESSES section of this                      (59 FR 7629, February 16, 1994).                      organic compounds.
                                              preamble for more information).                            In addition, this rule does not have
                                                                                                                                                              Dated: July 25, 2016.
                                              V. Statutory and Executive Order                        tribal implications as specified by
                                                                                                      Executive Order 13175 (65 FR 67249,                   Shawn M. Garvin,
                                              Reviews
                                                                                                      November 9, 2000), because the SIP is                 Regional Administrator, Region III.
                                              A. General Requirements                                 not approved to apply in Indian country                   40 CFR part 52 is amended as follows:
                                                 Under the CAA, the Administrator is                  located in the state, and EPA notes that
                                              required to approve a SIP submission                    it will not impose substantial direct                 PART 52—APPROVAL AND
                                              that complies with the provisions of the                costs on tribal governments or preempt                PROMULGATION OF
                                              CAA and applicable federal regulations.                 tribal law.                                           IMPLEMENTATION PLANS
                                              42 U.S.C. 7410(k); 40 CFR 52.02(a).                     B. Submission to Congress and the                     ■ 1. The authority citation for part 52
                                              Thus, in reviewing SIP submissions,                     Comptroller General                                   continues to read as follows:
                                              EPA’s role is to approve state choices,                    The Congressional Review Act, 5
                                              provided that they meet the criteria of                                                                           Authority: 42 U.S.C. 7401 et seq.
                                                                                                      U.S.C. 801 et seq., as added by the Small
                                              the CAA. Accordingly, this action                       Business Regulatory Enforcement
                                              merely approves state law as meeting                                                                          Subpart XX—West Virginia
                                                                                                      Fairness Act of 1996, generally provides
                                              federal requirements and does not                       that before a rule may take effect, the               ■ 2. In § 52.2520:
                                              impose additional requirements beyond                   agency promulgating the rule must                     ■ a. The table in paragraph (c) is
                                              those imposed by state law. For that                    submit a rule report, which includes a                amended by revising the entries for
                                              reason, this action:                                    copy of the rule, to each House of the                45CSR Series 14.
                                                 • Is not a ‘‘significant regulatory                  Congress and to the Comptroller General               ■ b. The table in paragraph (e) is
                                              action’’ subject to review by the Office                of the United States. EPA will submit a               amended by revising the entries for:
                                              of Management and Budget under                          report containing this action and other               ■ i. Section 110(a)(2) Infrastructure
                                              Executive Orders 12866 (58 FR 51735,                    required information to the U.S. Senate,              Requirements for the 1997 8-Hour
                                              October 4, 1993) and 13563 (76 FR 3821,                 the U.S. House of Representatives, and                Ozone NAAQS,
                                              January 21, 2011);                                      the Comptroller General of the United                 ■ ii. Section 110(a)(2) Infrastructure
                                                 • does not impose an information                     States prior to publication of the rule in
                                                                                                                                                            Requirements for the 1997 PM2.5
                                              collection burden under the provisions                  the Federal Register. A major rule
                                                                                                                                                            NAAQS,
                                              of the Paperwork Reduction Act (44                      cannot take effect until 60 days after it
                                                                                                                                                            ■ iii. Section 110(a)(2) Infrastructure
                                              U.S.C. 3501 et seq.);                                   is published in the Federal Register.
                                                                                                                                                            Requirements for the 2006 PM2.5
                                                 • is certified as not having a                       This action is not a ‘‘major rule’’ as
                                                                                                      defined by 5 U.S.C. 804(2).                           NAAQS,
                                              significant economic impact on a                                                                              ■ iv. Section 110(a)(2) Infrastructure
                                              substantial number of small entities                    C. Petitions for Judicial Review                      Requirements for the 2008 Lead
                                              under the Regulatory Flexibility Act (5                                                                       NAAQS,
                                              U.S.C. 601 et seq.);                                       Under section 307(b)(1) of the CAA,
                                                                                                      petitions for judicial review of this                 ■ v. Section 110(a)(2) Infrastructure
                                                 • does not contain any unfunded                      action must be filed in the United States             Requirements for the 2008 8-Hour
                                              mandate or significantly or uniquely                    Court of Appeals for the appropriate                  Ozone NAAQS,
                                              affect small governments, as described                  circuit by October 11, 2016. Filing a                 ■ vi. Section 110(a)(2) Infrastructure
                                              in the Unfunded Mandates Reform Act                     petition for reconsideration by the                   Requirements for the 2010 Nitrogen
                                              of 1995 (Pub. L. 104–4);                                Administrator of this final rule does not             Dioxide NAAQS, and
                                                 • does not have federalism                           affect the finality of this action for the            ■ vii. Section 110(a)(2) Infrastructure
                                              implications as specified in Executive                  purposes of judicial review nor does it               Requirements for the 2010 1-Hour
                                              Order 13132 (64 FR 43255, August 10,                    extend the time within which a petition               Sulfur Dioxide NAAQS.
                                              1999);                                                  for judicial review may be filed, and                   The revised text reads as follows:
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                                                 • is not an economically significant                 shall not postpone the effectiveness of
                                              regulatory action based on health or                    such rule or action. This action which                § 52.2520    Identification of plan.
                                              safety risks subject to Executive Order                 revises West Virginia’s PSD regulations               *       *    *      *     *
                                              13045 (62 FR 19885, April 23, 1997);                    related to emissions of PM2.5 and which                   (c) * * *




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                                              53010            Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations

                                                                                           EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
                                                   State citation                                                                                                                                         Additional explanation/
                                                                                                                                                       State effective
                                               [Chapter 16–20 or 45                                 Title/Subject                                                              EPA Approval date           Citation at 40 CFR
                                                                                                                                                            date
                                                      CSR ]                                                                                                                                                      52.2565


                                                        *                        *                              *                              *                         *                      *                      *

                                                [45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of
                                                                                                    Significant Deterioration

                                              Section 45–14–1 ..........   General ..............................................................           06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–2 ..........   Definitions ..........................................................           06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–3 ..........   Applicability ........................................................           06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–4 ..........   Ambient Air Quality Increments and Ceilings ...                                  06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–5 ..........   Area Classification .............................................                06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–6 ..........   Prohibition of Dispersion Enhancement Tech-                                      06/01/2015       08/11/2016, [Insert
                                                                             niques.                                                                                           Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–7 ..........   Registration, Report and Permit Requirements                                     06/01/2015       08/11/2016, [Insert
                                                                             for Major Stationary Sources and Major                                                            Federal Register     ci-
                                                                             Modifications.                                                                                    tation].
                                              Section 45–14–8 ..........   Requirements Relating to Control Technology                                      06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–9 ..........   Requirements Relating to the Source’s Impact                                     06/01/2015       08/11/2016, [Insert
                                                                            on Air Quality.                                                                                    Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–10 ........    Modeling Requirements .....................................                      06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–11 ........    Air Quality Monitoring Requirements ................                             06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–12 ........    Additional Impacts Analysis Requirements .......                                 06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–13 ........    Additional Requirements and Variances for                                        06/01/2015       08/11/2016, [Insert
                                                                             Source Impacting Federal Class 1 Areas.                                                           Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–14 ........    Procedures for Sources Employing Innovative                                      06/01/2015       08/11/2016, [Insert
                                                                             Control Technology.                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–15 ........    Exclusions From Increment Consumption ........                                   06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–16 ........    Specific Exemptions ..........................................                   06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–17 ........    Public Review Procedures ................................                        06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–18 ........    Public Meetings .................................................                06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–19 ........    Permit Transfer, Cancellation and Responsi-                                      06/01/2015       08/11/2016, [Insert
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                                                                             bility.                                                                                           Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–20 ........    Disposition of Permits ........................................                  06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].
                                              Section 45–14–21 ........    Conflict with Other Permitting Rules .................                           06/01/2015       08/11/2016, [Insert
                                                                                                                                                                               Federal Register     ci-
                                                                                                                                                                               tation].



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                                                                 Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations                                                                        53011

                                                                                  EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
                                                   State citation                                                                                                                                             Additional explanation/
                                                                                                                                                      State effective
                                               [Chapter 16–20 or 45                                  Title/Subject                                                                  EPA Approval date          Citation at 40 CFR
                                                                                                                                                           date
                                                      CSR ]                                                                                                                                                          52.2565

                                              Section 45–14–25 ........      Actual PALs .......................................................            06/01/2015        08/11/2016, [Insert
                                                                                                                                                                                Federal Register ci-
                                                                                                                                                                                tation].
                                              Section 45–14–26 ........      Inconsistency Between Rules ...........................                        06/01/2015        08/11/2016, [Insert
                                                                                                                                                                                Federal Register ci-
                                                                                                                                                                                tation].

                                                         *                        *                             *                             *                           *                          *                      *



                                              *      *       *       *      *                                    (e) * * *

                                                                                            Applicable
                                                    Name of non-regulatory                  geographic           State submittal date                 EPA Approval date                           Additional explanation
                                                        SIP revision                           area


                                                         *                        *                             *                             *                           *                          *                      *

                                              Section 110(a)(2) Infrastructure             Statewide           12/3/07, 5/21/08 .........           8/4/11, 76 FR 47062               This action addresses the following CAA ele-
                                                Requirements for the 1997 8-                                                                                                            ments or portions thereof: 110(a)(2)(A),
                                                Hour Ozone NAAQS.                                                                                                                       (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K),
                                                                                                                                                                                        (L), and (M).
                                                                                                               12/3/07, 12/11/07, 8/                10/17/12, 77 FR                   Approval of the following PSD-related ele-
                                                                                                                 31/11.                               63736.                            ments         or        portions       thereof:
                                                                                                                                                                                        110(a)(2)(D)(i)(II), except taking no action
                                                                                                                                                                                        on the definition of ‘‘regulated NSR pollut-
                                                                                                                                                                                        ant’’ found at 45CSR14 section 2.66 only
                                                                                                                                                                                        as it relates to the requirement to include
                                                                                                                                                                                        condensable emissions of particulate mat-
                                                                                                                                                                                        ter in that definition. See § 52.2522(i).
                                                                                                               6/1/2015 .....................       8/11/2016, ..................     Approval       of      PSD-related       element
                                                                                                                                                    [Insert Federal Reg-                110(a)(2)(D)(i)(II). See § 52.2520.
                                                                                                                                                       ister citation].
                                              Section 110(a)(2) Infrastructure             Statewide           4/3/08, 5/21/08, 7/9/                8/4/11, 76 FR 47062               This action addresses the following CAA ele-
                                                Requirements for the 1997                                        08, 3/18/10.                                                           ments or portions thereof: 110(a)(2)(A),
                                                PM2.5 NAAQS.                                                                                                                            (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K),
                                                                                                                                                                                        (L), and (M).
                                                                                                               12/11/07, 4/3/08, 8/31/              10/17/12, 77 FR                   Approval of the following PSD-related ele-
                                                                                                                 11.                                  63736.                            ments or portions thereof: 110(a)(2)(D)
                                                                                                                                                                                        (i)(II), except taking no action on the defi-
                                                                                                                                                                                        nition of ‘‘regulated NSR pollutant’’ found
                                                                                                                                                                                        at 45CSR14 section 2.66 only as it relates
                                                                                                                                                                                        to the requirement to include condensable
                                                                                                                                                                                        emissions of particulate matter in that defi-
                                                                                                                                                                                        nition. See § 52.2522(i).
                                                                                                               6/1/2015 .....................       8/11/2016, ..................     Approval       of      PSD-related       element
                                                                                                                                                    [Insert Federal Reg-                110(a)(2)(D)(i)(II). See § 52.2520.
                                                                                                                                                       ister citation].
                                              Section 110(a)(2) Infrastructure             Statewide           10/1/09, 3/18/10 .........           8/4/11, 76 FR 47062               This action addresses the following CAA ele-
                                                Requirements for the 2006                                                                                                               ments or portions thereof: 110(a)(2)(A),
                                                PM2.5 NAAQS.                                                                                                                            (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K),
                                                                                                                                                                                        (L), and (M).
                                                                                                               10/1/09, 8/31/11 .........           10/17/12, 77 FR                   Approval of the following PSD-related ele-
                                                                                                                                                      63736.                            ments or portions thereof: 110(a)(2)(D)
                                                                                                                                                                                        (i)(II), except taking no action on the defi-
                                                                                                                                                                                        nition of ‘‘regulated NSR pollutant’’ found
                                                                                                                                                                                        at 45CSR14 section 2.66 only as it relates
                                                                                                                                                                                        to the requirement to include condensable
                                                                                                                                                                                        emissions of particulate matter in that defi-
                                                                                                                                                                                        nition. See § 52.2522(i).
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                                                                                                               6/1/2015 .....................       8/11/2016, ..................     Approval       of      PSD-related       element
                                                                                                                                                    [Insert Federal Reg-                110(a)(2)(D)(i)(II). See § 52.2520.
                                                                                                                                                       ister citation].




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                                              53012            Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations

                                                                                        Applicable
                                                    Name of non-regulatory              geographic      State submittal date                EPA Approval date                              Additional explanation
                                                        SIP revision                       area

                                                       *                  *                             *                           *                  *                                      *                      *
                                              Section 110(a)(2) Infrastructure          Statewide      10/26/11 ..................... 9/10/12, 77 FR 55417                    This action addresses the following CAA ele-
                                                Requirements for the 2008                                                                                                       ments: 110(a)(2)(A), (B), (C), (D), (E), (F),
                                                Lead NAAQS.                                                                                                                     (G), (H), (J), (K), (L), and (M), or portions
                                                                                                                                                                                thereof.
                                                                                                       8/31/11, 10/26/11 .......          10/17/12, 77 FR                     Approval of the following elements or por-
                                                                                                                                            63736.                              tions thereof: 110(a)(2)(C), (D)(i)(II), and
                                                                                                                                                                                (J), except taking no action on the defini-
                                                                                                                                                                                tion of ‘‘regulated NSR pollutant’’ found at
                                                                                                                                                                                45CSR14 section 2.66 only as it relates to
                                                                                                                                                                                the requirement to include condensable
                                                                                                                                                                                emissions of particulate matter in that defi-
                                                                                                                                                                                nition. See § 52.2522(i).
                                                                                                       6/1/2015 .....................     8/11/2016, ..................       Approval        of     PSD-related        element
                                                                                                                                          [Insert Federal Reg-                  110(a)(2)(C), (D)(i)(II), and (J). See
                                                                                                                                             ister citation].                   § 52.2520.
                                              Section 110(a)(2) Infrastructure          Statewide      8/31/11, 2/17/12 .........         10/17/12, 77 FR                     Approval of the following PSD-related ele-
                                                Requirements for the 2008 8-                                                                 63736.                             ments or portions thereof: 110(a)(2)(C),
                                                Hour Ozone NAAQS.                                                                                                               (D)(i)(II), and (J), except taking no action
                                                                                                                                                                                on the definition of ‘‘regulated NSR pollut-
                                                                                                                                                                                ant’’ found at 45CSR14 section 2.66 only
                                                                                                                                                                                as it relates to the requirement to include
                                                                                                                                                                                condensable emissions of particulate mat-
                                                                                                                                                                                ter in that definition. See § 52.2522(i).
                                                                                                       2/17/12 .......................    4/7/2014, ....................      This action addresses the following CAA ele-
                                                                                                                                          79 FR 19001 ..............            ments, or portions thereof: 110(a)(2)(A),
                                                                                                                                                                                (B), (C), (D), (E), (F), (G), (H), (J), (K), (L),
                                                                                                                                                                                and (M).
                                                                                                       7/24/14 .......................    3/9/15, ........................    Addresses CAA element 110(a)(2)(E)(ii).
                                                                                                                                          80 FR 12348 ..............
                                                                                                       6/1/2015 .....................     8/11/2016, ..................       Approval     of       PSD-related        element
                                                                                                                                          [Insert Federal Reg-                  110(a)(2)(C),     (D)(i)(II), and    (J). See
                                                                                                                                             ister citation].                   § 52.2520.

                                                       *                  *                             *                           *                  *                                    *                     *
                                              Section 110(a)(2) Infrastructure          Statewide      12/13/12 ..................... 1/22/14, 78 FR 3504                     This action addresses the following CAA ele-
                                                Requirements for the 2010 Ni-                                                                                                   ments: 110(a)(2)(A), (B), (C), (D), (E), (F),
                                                trogen Dioxide NAAQS.                                                                                                           (G), (H), (J), (K), (L), and (M), or portions
                                                                                                                                                                                thereof.
                                                                                                       7/24/14 .......................    3/9/15, 80 FR 12348                 Addresses CAA element 110(a)(2)(E)(ii).
                                                                                                       6/1/2015 .....................     8/11/2016, ..................       Approval      of      PSD-related      element
                                                                                                                                          [Insert Federal Reg-                  110(a)(2)(C), (D)(i)(II), and (J). See
                                                                                                                                             ister citation].                   § 52.2520.

                                                       *                  *                             *                            *                 *                                     *                      *
                                              Section 110(a)(2) Infrastructure          Statewide      6/25/13 ....................... 10/16/14, 79 FR                        This action addresses the following CAA ele-
                                                Requirements for the 2010 1-                                                             62035.                                 ments: 110(a)(2)(A), (B), (C) (enforcement
                                                Hour Sulfur Dioxide NAAQS.                                                                                                      and minor new source review), (D)(ii),
                                                                                                                                                                                (E)(i) and (iii), (F), (G), (H), (J) (consulta-
                                                                                                                                                                                tion, public notification, and visibility pro-
                                                                                                                                                                                tection), (K), (L), and (M).
                                                                                                       7/24/14 .......................    3/9/15, 80 FR 12348                 Addresses CAA element 110(a)(2)(E)(ii).
                                                                                                       6/1/2015 .....................     8/11/2016, ..................       Approval       of      PSD-related       element
                                                                                                                                          [Insert Federal Reg-                  110(a)(2)(C), (D)(i)(II), and (J). See
                                                                                                                                             ister citation].                   § 52.2520.

                                                        *                       *                       *                            *                             *                         *                       *



                                              [FR Doc. 2016–18518 Filed 8–10–16; 8:45 am]             ENVIRONMENTAL PROTECTION                                               ACTION:   Final rule.
                                              BILLING CODE 6560–50–P                                  AGENCY
                                                                                                                                                                             SUMMARY:   This regulation establishes
                                                                                                      40 CFR Part 180                                                        tolerances for residues of
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      [EPA–HQ–OPP–2011–0144; FRL–9944–48]                                    aminocyclopyrachlor in or on milk and
                                                                                                                                                                             livestock commodities imported into the
                                                                                                      Aminocyclopyrachlor; Pesticide                                         United States, which are identified and
                                                                                                      Tolerances                                                             discussed later in this document. E.I. du
                                                                                                                                                                             Pont de Nemours and Company
                                                                                                      AGENCY: Environmental Protection                                       requested these tolerances under the
                                                                                                      Agency (EPA).


                                         VerDate Sep<11>2014   15:58 Aug 10, 2016   Jkt 238001   PO 00000   Frm 00044     Fmt 4700       Sfmt 4700     E:\FR\FM\11AUR1.SGM          11AUR1



Document Created: 2018-02-09 11:27:33
Document Modified: 2018-02-09 11:27:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on September 12, 2016.
ContactMr. Paul Wentworth, (215) 814-2183, or by email at [email protected]
FR Citation81 FR 53008 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Carbon Monoxide; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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