82 FR 22076 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Infrastructure Requirements for the 2012 Fine Particulate Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 91 (May 12, 2017)
Federal Register Volume 82, Issue 91 (May 12, 2017)
| Page Range | 22076-22079 | |
| FR Document | 2017-09504 |
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)] [Rules and Regulations] [Pages 22076-22079] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09504] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0373; FRL-9961-87-Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Infrastructure Requirements for the 2012 Fine Particulate Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving portions of a state implementation plan (SIP) revision submitted by the State of West Virginia. Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the Clean Air Act (CAA) requires states to submit a plan to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure implementation, maintenance, and enforcement of the NAAQS. These elements are referred to as infrastructure requirements. The State of West Virginia made a submittal addressing the infrastructure requirements for the 2012 fine particulate matter (PM2.5 ) NAAQS, and EPA is approving portions of this SIP revision in accordance with the requirements of the CAA. DATES: This final rule is effective on June 12, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2016-0373. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On July 16, 1997, the EPA promulgated a new 24-hour and a new annual NAAQS for PM2.5 . See 62 FR 38652 (July 18, 1997). Subsequently, on December 14, 2012, the EPA revised the level of the health based (primary) annual PM2.5 standard to 12 micrograms per cubic meter ([micro]g/m\3\). See 78 FR 3086 (January 15, 2013).\1\ --------------------------------------------------------------------------- \1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left unchanged the existing welfare (secondary) standards for PM2.5 to address PM related effects such as visibility impairment, ecological effects, damage to materials and climate impacts. This includes a secondary annual standard of 15 [mu]g/m\3\ and a 24-hour standard of 35 [mu]g/m\3\. --------------------------------------------------------------------------- Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the NAAQS. Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and [[Page 22077]] circumstances. In particular, the data and analytical tools available at the time the state develops and submits the SIP for a new or revised NAAQS affect the content of the submission. The content of such SIP submission may also vary depending upon what provisions the state's existing SIP already contains. II. Summary of SIP Revision On November 17, 2015, the State of West Virginia, through the West Virginia Department of Environmental Protection (WVDEP), submitted a revision to its SIP to satisfy the requirements of section 110(a)(2) of the CAA for the 2012 PM2.5 NAAQS. On December 23, 2016 (81 FR 94281), EPA published a notice of proposed rulemaking (NPR) proposing approval of portions of the West Virginia November 17, 2015 SIP submittal. In the NPR, EPA proposed approval of the following infrastructure elements: Section 110(a)(2)(A), (B), (C), (D)(i)(II) (relating to prevention of significant deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA. At this time, EPA is not taking action on the portions of West Virginia's November 17, 2015 SIP submission which addressed section 110(a)(2)(D)(i)(I) of the CAA relating to interstate transport of emissions, nor is the Agency taking action on the portion of the November 17, 2015 SIP submission which addressed section 110(a)(2)(D)(i)(II) relating to visibility protection. EPA intends to take later separate action on these portions of West Virginia's submittal as explained in the NPR and the Technical Support Document (TSD), which accompanied the NPR. The TSD is available in the docket for this rulemaking which is also available online at www.regulations.gov. Finally, West Virginia did not address in its submittal section 110(a)(2)(I) which pertains to the nonattainment requirements of part D, title I of the CAA, because this element is not required to be submitted by the 3-year submission deadline of section 110(a)(1) and will be addressed in a separate process if necessary. The rationale supporting EPA's proposed rulemaking action, including the scope of infrastructure SIPs in general, is explained in the published NPR and the TSD and will not be restated here. The NPR and TSD are available in the docket for this rulemaking at www.regulations.gov, Docket ID Number EPA-R03-OAR-2016-0373. III. Public Comments and EPA's Responses EPA received two anonymous comments on the December 23, 2016 proposed approval of portions of the West Virginia's 2012 PM2.5 infrastructure SIP. Comment 1: One commenter asked why West Virginia is any different than other states and stated that how particulate matter is measured and ``the standard'' for particulate matter should be the same for all states. The commenter stated that ``[w]hat is safe in one State, should not be different than another.'' Response 1: EPA thanks the commenter for the submitted statements. To clarify, West Virginia is not treated any differently than any other state in the United States under the CAA's NAAQS. Indeed, the ``standard'' for particulate matter and how particulate matter is ``measured'' (i.e., monitored) is the same for all states. Sections 108 and 109 of the CAA require EPA to promulgate primary NAAQS to protect public health and secondary NAAQS to protect public welfare. The NAAQS apply equally throughout all states. Once EPA sets a new or revised NAAQS, EPA must designate areas in every state as either attainment, unclassifiable, or nonattainment pursuant to section 107(d)(1)(B) and states must develop, adopt, and submit to EPA for approval a SIP that contains emissions limitations and other control measures to attain and maintain the relevant NAAQS in accordance with section 110(a). Pursuant to sections 108 and 109 of the CAA, EPA has promulgated NAAQS for two sizes of particulate matter: PM10 and PM2.5 .\2\ Because this action concerns the 2012 PM2.5 NAAQS, EPA's response addresses the relevant NAAQS. On December 14, 2012, EPA revised the health based (primary) annual PM2.5 NAAQS to 12 [mu]g/m\3\, and this standard applies equally throughout all states. See 78 FR 3086 (January 15, 2013). Two years later, on December 14, 2014, EPA designated all areas in West Virginia as ``unclassifiable/attainment'' for the primary 2012 PM2.5 NAAQS. See 80 FR 2206, 2278-2279 (January 15, 2015).\3\ Finally, on November 17, 2015, West Virginia submitted a SIP revision to EPA to address the requirements of section 110(a)(2) of the CAA for the 2012 PM2.5 NAAQS and identified West Virginia's measures to attain and maintain that NAAQS. --------------------------------------------------------------------------- \2\ Coarse particulate matter (PM10 ) are generally 10 micrometers and smaller, while fine particulate matter (or PM2.5 ) consist of fine inhalable particles, with diameters that are generally 2.5 micrometers and smaller. \3\ The rule explains that ``EPA is designating areas as nonattainment, unclassifiable, or unclassifiable/attainment.'' --------------------------------------------------------------------------- Regarding measurement of particulate matter, state and, where applicable, local and/or tribal, agencies (referred to herein as ``monitoring agencies'') are responsible for providing an air quality surveillance system in order to, among other goals, assess the extent of pollution, provide information on air quality trends, and support the implementation of air quality goals or standards (i.e., the NAAQS). Monitoring agencies are required to submit to EPA an annual monitoring network plan which provides for the documentation of the establishment and maintenance of their air quality surveillance system.\4\ These annual monitoring network plans require that ambient particulate matter data are collected through an approved network of specified ambient monitoring stations. Data from the approved monitoring stations are used to compare an area's air pollution levels against the NAAQS to make sure air quality is protective of public health and the environment. Monitoring agencies provide all ambient air quality data, including those related to PM2.5 , to EPA through the Agency's Air Quality Management System (AQS). --------------------------------------------------------------------------- \4\ Each monitoring agency must submit to EPA for approval an annual monitoring network plan that is in accordance with the monitoring requirements contained in 40 CFR parts 50, 53, and 58. --------------------------------------------------------------------------- As discussed in the TSD for this action, WVDEP has the authority under state law ``to develop ways and means for the regulation and control of pollution of the air of the state'' and ``conduct such studies and research relating to air pollution and its control and abatement.'' EPA-R03-OAR-2016-0373-0006, p. 10. WVDEP currently operates and maintains an established network of ambient air monitors in West Virginia for the purpose of assessing compliance with the 2012 PM2.5 NAAQS, and submits to EPA for approval, on an annual basis, a monitoring network plan, which describes how West Virginia is complying with monitoring requirements and explains any changes to the monitoring network. Id.; see also EPA-R03-OAR-2016-0373-0007 (Approval letter regarding WVDEP's 2015 annual monitoring network plan). In summary, the NAAQS apply to all states in the country, all states monitor (or measure) particulate matter in accordance with CAA statutory and regulatory requirements, and West Virginia is not treated any differently for such purposes. [[Page 22078]] Comment 2: The commenter stated that ``[A]ir quality is important for our environment and our health. Infrastructure improvements can provide jobs as well.'' Response 2: EPA thanks the commenter for the support for air quality and health. The commenter's statement regarding ``infrastructure improvements'' likely reflects the commenter's concern for improvements to bridges and roads which are more traditionally understood as ``infrastructure'' in the United States. Thus, EPA believes the comment related to ``infrastructure improvements'' is likely unrelated to EPA's approval of West Virginia's ``infrastructure'' SIP submittal which addresses requirements in CAA section 110(a)(2) to provide the necessary structural requirements such as emission limitations and monitoring requirements for attaining and maintaining the 2012 PM2.5 NAAQS in West Virginia. EPA described in detail in the NPR and in the TSD, which accompanied the NPR, how West Virginia's SIP provides the basic structural requirements. As the comment is not germane to EPA's rulemaking, no further response is provided. IV. Final Action EPA is approving portions of the West Virginia's SIP revision regarding the infrastructure program elements specified in section 110(a)(2)(A), (B), (C), (D)(i)(II) (relating to prevention of significant deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA, or portions thereof, necessary to implement, maintain, and enforce the 2012 PM2.5 NAAQS. EPA will conduct separate rulemaking action on the portions of West Virginia's November 17, 2015 SIP submission addressing section 110(a)(2)(D)(i)(I) of the CAA relating to interstate transport of emissions and addressing section 110(a)(2)(D)(i)(II) relating to visibility protection. This rulemaking action does not include any action addressing section 110(a)(2)(I) of the CAA for the 2012 PM2.5 NAAQS which pertains to the nonattainment requirements of part D, Title I of the CAA, because this element is not required to be submitted by the 3-year submission deadline of section 110(a)(1), and will be addressed in a separate process, if necessary. 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 July 11, 2017. 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 approves portions of the West Virginia SIP submittal to address the CAA section 110(a)(2) infrastructure requirements for the 2012 PM 2.5 NAAQS, may not be challenged later in proceedings to enforce its requirements. See CAA section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements. Dated: April 12, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart XX--West Virginia 0 2. In Sec. 52.2520, the table in paragraph (e) is amended by adding the entry ``Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS'' at the end of the table to read as follows: [[Page 22079]] Sec. 52.2520 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State Additional revision area submittal date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) Statewide............. 11/17/15 5/12/17, [insert This action addresses Infrastructure Requirements Federal Register the following CAA for the 2012 PM2.5 NAAQS. citation]. elements: 110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-09504 Filed 5-11-17; 8:45 am] BILLING CODE 6560-50-P
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complying with the National Captain of the Port Lake Michigan or a made a submittal addressing the
Environmental Policy Act of 1969 (42 designated on-scene representative. infrastructure requirements for the 2012
U.S.C. 4321–4370f), and have (2) This safety zone is closed to all fine particulate matter (PM2.5) NAAQS,
determined that this action is one of a vessel traffic, except as may be and EPA is approving portions of this
category of actions that do not permitted by the Captain of the Port SIP revision in accordance with the
individually or cumulatively have a Lake Michigan or a designated on-scene requirements of the CAA.
significant effect on the human representative. DATES: This final rule is effective on
environment. This rule involves the (3) The ‘‘on-scene representative’’ of June 12, 2017.
establishment of a safety zone for a the Captain of the Port Lake Michigan ADDRESSES: EPA has established a
bridge based pyrotechnics display on is any Coast Guard commissioned, docket for this action under Docket ID
the Main Branch of the Chicago River in warrant or petty officer who has been Number EPA–R03–OAR–2016–0373. All
Chicago, IL. It is categorically excluded designated by the Captain of the Port documents in the docket are listed on
from further review under paragraph Lake Michigan to act on his or her the www.regulations.gov Web site.
34(g) of Figure 2–1 of the Commandant behalf. Although listed in the index, some
Instruction. A Record of Environmental (4) Vessel operators desiring to enter information is not publicly available,
Consideration (REC) supporting this or operate within the safety zone shall e.g., confidential business information
determination is available in the docket contact the Captain of the Port Lake (CBI) or other information whose
where indicated in the ADDRESSES Michigan or an on-scene representative disclosure is restricted by statute.
section of this preamble. We seek any to obtain permission to do so. The Certain other material, such as
comments or information that may lead Captain of the Port Lake Michigan or an copyrighted material, is not placed on
to the discovery of a significant on-scene representative may be the Internet and will be publicly
environmental impact from this rule. contacted via VHF Channel 16. Vessel available only in hard copy form.
operators given permission to enter or Publicly available docket materials are
G. Protest Activities
operate in the safety zone must comply available through http://
The Coast Guard respects the First with all directions given to them by the www.regulations.gov, or please contact
Amendment rights of protesters. Captain of the Port Lake Michigan, or an the person identified in the FOR FURTHER
Protesters are asked to contact the on-scene representative. INFORMATION CONTACT section for
person listed in the FOR FURTHER
Dated: May 5, 2017. additional availability information.
INFORMATION CONTACT section to
A.B. Cocanour, FOR FURTHER INFORMATION CONTACT:
coordinate protest activities so that your
message can be received without Captain, U.S. Coast Guard, Captain of the Ellen Schmitt, (215) 814–5787, or by
jeopardizing the safety or security of Port, Lake Michigan. email at schmitt.ellen@epa.gov.
people, places or vessels. [FR Doc. 2017–09633 Filed 5–11–17; 8:45 am] SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165 I. Background
Harbors, Marine safety, Navigation On July 16, 1997, the EPA
(water), Reporting and record keeping ENVIRONMENTAL PROTECTION promulgated a new 24-hour and a new
requirements, Security measures, AGENCY annual NAAQS for PM2.5. See 62 FR
Waterways. 38652 (July 18, 1997). Subsequently, on
For the reasons discussed in the 40 CFR Part 52 December 14, 2012, the EPA revised the
preamble, the Coast Guard amends 33 level of the health based (primary)
[EPA–R03–OAR–2016–0373; FRL–9961–87–
CFR part 165 as follows: Region 3] annual PM2.5 standard to 12 micrograms
per cubic meter (mg/m3). See 78 FR 3086
PART 165—REGULATED NAVIGATION Approval and Promulgation of Air (January 15, 2013).1
AREAS AND LIMITED ACCESS AREAS Quality Implementation Plans; West Pursuant to section 110(a)(1) of the
Virginia; Infrastructure Requirements CAA, states are required to submit SIPs
■ 1. The authority citation for part 165 for the 2012 Fine Particulate Standard meeting the applicable requirements of
continues to read as follows: section 110(a)(2) within three years after
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; AGENCY: Environmental Protection promulgation of a new or revised
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Agency (EPA). NAAQS or within such shorter period
Department of Homeland Security Delegation ACTION: Final rule. as EPA may prescribe. Section 110(a)(2)
No. 0170.1. requires states to address basic SIP
SUMMARY: The Environmental Protection elements such as requirements for
■ 2. Add § 165.T09–0196 to read as
Agency (EPA) is approving portions of monitoring, basic program
follows:
a state implementation plan (SIP) requirements, and legal authority that
§ 165.T09–0196 Safety Zone; Main Branch revision submitted by the State of West are designed to assure attainment and
of the Chicago River, Chicago, IL. Virginia. Whenever new or revised maintenance of the NAAQS. Section
(a) Location. All U.S. navigable waters national ambient air quality standards 110(a) imposes the obligation upon
of the Main Branch of the Chicago River, (NAAQS) are promulgated, the Clean states to make a SIP submission to EPA
between the Wells Street Bridge and Air Act (CAA) requires states to submit for a new or revised NAAQS, but the
Dearborn Street Bridge in Chicago, IL. a plan to address basic program contents of that submission may vary
(b) Enforcement period. This rule will elements, including, but not limited to, depending upon the facts and
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be enforced on May 20, 2017 from 7:45 regulatory structure, monitoring,
p.m. to 8:15 p.m. modeling, legal authority, and adequate 1 In EPA’s 2012 PM
2.5 NAAQS revision, EPA left
(c) Regulations. (1) In accordance with resources necessary to assure unchanged the existing welfare (secondary)
the general regulations in § 165.23 of implementation, maintenance, and standards for PM2.5 to address PM related effects
such as visibility impairment, ecological effects,
this part, entry into, transiting, or enforcement of the NAAQS. These damage to materials and climate impacts. This
anchoring within this safety zone is elements are referred to as infrastructure includes a secondary annual standard of 15 mg/m3
prohibited unless authorized by the requirements. The State of West Virginia and a 24-hour standard of 35 mg/m3.
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circumstances. In particular, the data III. Public Comments and EPA’s section 110(a)(2) of the CAA for the
and analytical tools available at the time Responses 2012 PM2.5 NAAQS and identified West
the state develops and submits the SIP EPA received two anonymous Virginia’s measures to attain and
for a new or revised NAAQS affect the comments on the December 23, 2016 maintain that NAAQS.
content of the submission. The content proposed approval of portions of the Regarding measurement of particulate
of such SIP submission may also vary West Virginia’s 2012 PM2.5 matter, state and, where applicable,
depending upon what provisions the infrastructure SIP. local and/or tribal, agencies (referred to
state’s existing SIP already contains. Comment 1: One commenter asked herein as ‘‘monitoring agencies’’) are
why West Virginia is any different than responsible for providing an air quality
II. Summary of SIP Revision other states and stated that how surveillance system in order to, among
particulate matter is measured and ‘‘the other goals, assess the extent of
On November 17, 2015, the State of pollution, provide information on air
standard’’ for particulate matter should
West Virginia, through the West quality trends, and support the
be the same for all states. The
Virginia Department of Environmental implementation of air quality goals or
commenter stated that ‘‘[w]hat is safe in
Protection (WVDEP), submitted a one State, should not be different than standards (i.e., the NAAQS). Monitoring
revision to its SIP to satisfy the another.’’ agencies are required to submit to EPA
requirements of section 110(a)(2) of the Response 1: EPA thanks the an annual monitoring network plan
CAA for the 2012 PM2.5 NAAQS. On commenter for the submitted which provides for the documentation
December 23, 2016 (81 FR 94281), EPA statements. To clarify, West Virginia is of the establishment and maintenance of
published a notice of proposed not treated any differently than any their air quality surveillance system.4
rulemaking (NPR) proposing approval of other state in the United States under These annual monitoring network plans
portions of the West Virginia November the CAA’s NAAQS. Indeed, the require that ambient particulate matter
17, 2015 SIP submittal. In the NPR, EPA ‘‘standard’’ for particulate matter and data are collected through an approved
proposed approval of the following how particulate matter is ‘‘measured’’ network of specified ambient
infrastructure elements: Section (i.e., monitored) is the same for all monitoring stations. Data from the
110(a)(2)(A), (B), (C), (D)(i)(II) (relating states. approved monitoring stations are used
to prevention of significant Sections 108 and 109 of the CAA to compare an area’s air pollution levels
deterioration), (D)(ii), (E), (F), (G), (H), require EPA to promulgate primary against the NAAQS to make sure air
(J), (K), (L), and (M) of the CAA. NAAQS to protect public health and quality is protective of public health
secondary NAAQS to protect public and the environment. Monitoring
At this time, EPA is not taking action welfare. The NAAQS apply equally agencies provide all ambient air quality
on the portions of West Virginia’s throughout all states. Once EPA sets a data, including those related to PM2.5, to
November 17, 2015 SIP submission new or revised NAAQS, EPA must EPA through the Agency’s Air Quality
which addressed section designate areas in every state as either Management System (AQS).
110(a)(2)(D)(i)(I) of the CAA relating to attainment, unclassifiable, or As discussed in the TSD for this
interstate transport of emissions, nor is nonattainment pursuant to section action, WVDEP has the authority under
the Agency taking action on the portion 107(d)(1)(B) and states must develop, state law ‘‘to develop ways and means
of the November 17, 2015 SIP adopt, and submit to EPA for approval for the regulation and control of
submission which addressed section a SIP that contains emissions limitations pollution of the air of the state’’ and
110(a)(2)(D)(i)(II) relating to visibility and other control measures to attain and ‘‘conduct such studies and research
protection. EPA intends to take later maintain the relevant NAAQS in relating to air pollution and its control
separate action on these portions of accordance with section 110(a). and abatement.’’ EPA–R03–OAR–2016–
West Virginia’s submittal as explained Pursuant to sections 108 and 109 of 0373–0006, p. 10. WVDEP currently
the CAA, EPA has promulgated NAAQS operates and maintains an established
in the NPR and the Technical Support
for two sizes of particulate matter: PM10 network of ambient air monitors in West
Document (TSD), which accompanied and PM2.5.2 Because this action
the NPR. The TSD is available in the Virginia for the purpose of assessing
concerns the 2012 PM2.5 NAAQS, EPA’s compliance with the 2012 PM2.5
docket for this rulemaking which is also response addresses the relevant
available online at www.regulations.gov. NAAQS, and submits to EPA for
NAAQS. On December 14, 2012, EPA approval, on an annual basis, a
Finally, West Virginia did not address revised the health based (primary) monitoring network plan, which
in its submittal section 110(a)(2)(I) annual PM2.5 NAAQS to 12 mg/m3, and describes how West Virginia is
which pertains to the nonattainment this standard applies equally throughout complying with monitoring
requirements of part D, title I of the all states. See 78 FR 3086 (January 15, requirements and explains any changes
CAA, because this element is not 2013). Two years later, on December 14, to the monitoring network. Id.; see also
required to be submitted by the 3-year 2014, EPA designated all areas in West EPA–R03–OAR–2016–0373–0007
submission deadline of section 110(a)(1) Virginia as ‘‘unclassifiable/attainment’’ (Approval letter regarding WVDEP’s
and will be addressed in a separate for the primary 2012 PM2.5 NAAQS. See 2015 annual monitoring network plan).
process if necessary. 80 FR 2206, 2278–2279 (January 15, In summary, the NAAQS apply to all
The rationale supporting EPA’s 2015).3 Finally, on November 17, 2015, states in the country, all states monitor
proposed rulemaking action, including West Virginia submitted a SIP revision (or measure) particulate matter in
to EPA to address the requirements of accordance with CAA statutory and
the scope of infrastructure SIPs in
regulatory requirements, and West
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general, is explained in the published 2 Coarse particulate matter (PM ) are generally 10
NPR and the TSD and will not be
10
micrometers and smaller, while fine particulate
Virginia is not treated any differently for
restated here. The NPR and TSD are matter (or PM2.5) consist of fine inhalable particles, such purposes.
available in the docket for this with diameters that are generally 2.5 micrometers
and smaller. 4 Each monitoring agency must submit to EPA for
rulemaking at www.regulations.gov, 3 The rule explains that ‘‘EPA is designating areas approval an annual monitoring network plan that
Docket ID Number EPA–R03–OAR– as nonattainment, unclassifiable, or unclassifiable/ is in accordance with the monitoring requirements
2016–0373. attainment.’’ contained in 40 CFR parts 50, 53, and 58.
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![22078 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
Comment 2: The commenter stated CAA and applicable federal regulations. Business Regulatory Enforcement
that ‘‘[A]ir quality is important for our 42 U.S.C. 7410(k); 40 CFR 52.02(a). Fairness Act of 1996, generally provides
environment and our health. Thus, in reviewing SIP submissions, that before a rule may take effect, the
Infrastructure improvements can EPA’s role is to approve state choices, agency promulgating the rule must
provide jobs as well.’’ provided that they meet the criteria of submit a rule report, which includes a
Response 2: EPA thanks the the CAA. Accordingly, this action copy of the rule, to each House of the
commenter for the support for air merely approves state law as meeting Congress and to the Comptroller General
quality and health. The commenter’s federal requirements and does not of the United States. EPA will submit a
statement regarding ‘‘infrastructure impose additional requirements beyond report containing this action and other
improvements’’ likely reflects the those imposed by state law. For that required information to the U.S. Senate,
commenter’s concern for improvements reason, this action: the U.S. House of Representatives, and
to bridges and roads which are more • Is not a ‘‘significant regulatory the Comptroller General of the United
traditionally understood as action’’ subject to review by the Office States prior to publication of the rule in
‘‘infrastructure’’ in the United States. of Management and Budget under the Federal Register. A major rule
Thus, EPA believes the comment related Executive Orders 12866 (58 FR 51735, cannot take effect until 60 days after it
to ‘‘infrastructure improvements’’ is October 4, 1993) and 13563 (76 FR 3821, is published in the Federal Register.
likely unrelated to EPA’s approval of January 21, 2011); This action is not a ‘‘major rule’’ as
West Virginia’s ‘‘infrastructure’’ SIP • Does not impose an information defined by 5 U.S.C. 804(2).
submittal which addresses requirements collection burden under the provisions
of the Paperwork Reduction Act (44 C. Petitions for Judicial Review
in CAA section 110(a)(2) to provide the
necessary structural requirements such U.S.C. 3501 et seq.); Under section 307(b)(1) of the CAA,
as emission limitations and monitoring • Is certified as not having a petitions for judicial review of this
requirements for attaining and significant economic impact on a action must be filed in the United States
maintaining the 2012 PM2.5 NAAQS in substantial number of small entities Court of Appeals for the appropriate
West Virginia. EPA described in detail under the Regulatory Flexibility Act (5 circuit by July 11, 2017. Filing a petition
in the NPR and in the TSD, which U.S.C. 601 et seq.); for reconsideration by the Administrator
accompanied the NPR, how West • Does not contain any unfunded of this final rule does not affect the
Virginia’s SIP provides the basic mandate or significantly or uniquely finality of this action for the purposes of
structural requirements. As the affect small governments, as described judicial review nor does it extend the
comment is not germane to EPA’s in the Unfunded Mandates Reform Act time within which a petition for judicial
rulemaking, no further response is of 1995 (Pub. L. 104–4); review may be filed, and shall not
provided. • Does not have federalism postpone the effectiveness of such rule
implications as specified in Executive or action. This action which approves
IV. Final Action Order 13132 (64 FR 43255, August 10, portions of the West Virginia SIP
EPA is approving portions of the West 1999); submittal to address the CAA section
Virginia’s SIP revision regarding the • Is not an economically significant
110(a)(2) infrastructure requirements for
infrastructure program elements regulatory action based on health or
the 2012 PM2.5 NAAQS, may not be
specified in section 110(a)(2)(A), (B), safety risks subject to Executive Order
challenged later in proceedings to
(C), (D)(i)(II) (relating to prevention of 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action enforce its requirements. See CAA
significant deterioration), (D)(ii), (E), (F), section 307(b)(2).
(G), (H), (J), (K), (L), and (M) of the CAA, subject to Executive Order 13211 (66 FR
or portions thereof, necessary to 28355, May 22, 2001); List of Subjects in 40 CFR Part 52
implement, maintain, and enforce the • Is not subject to requirements of
section 12(d) of the National Environmental protection, Air
2012 PM2.5 NAAQS. EPA will conduct pollution control, Incorporation by
separate rulemaking action on the Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because reference, Particulate matter, Reporting
portions of West Virginia’s November and recordkeeping requirements.
17, 2015 SIP submission addressing application of those requirements would
section 110(a)(2)(D)(i)(I) of the CAA be inconsistent with the CAA; and Dated: April 12, 2017.
relating to interstate transport of • Does not provide EPA with the Cecil Rodrigues,
emissions and addressing section discretionary authority to address, as Acting Regional Administrator, Region III.
110(a)(2)(D)(i)(II) relating to visibility appropriate, disproportionate human
health or environmental effects, using 40 CFR part 52 is amended as follows:
protection. This rulemaking action does
not include any action addressing practicable and legally permissible
methods, under Executive Order 12898 PART 52—APPROVAL AND
section 110(a)(2)(I) of the CAA for the PROMULGATION OF
2012 PM2.5 NAAQS which pertains to (59 FR 7629, February 16, 1994).
In addition, this rule does not have IMPLEMENTATION PLANS
the nonattainment requirements of part
tribal implications as specified by
D, Title I of the CAA, because this ■ 1. The authority citation for part 52
Executive Order 13175 (65 FR 67249,
element is not required to be submitted continues to read as follows:
November 9, 2000), because the SIP is
by the 3-year submission deadline of
not approved to apply in Indian country Authority: 42 U.S.C. 7401 et seq.
section 110(a)(1), and will be addressed
located in the state, and EPA notes that
in a separate process, if necessary. Subpart XX—West Virginia
it will not impose substantial direct
mstockstill on DSK30JT082PROD with RULES
V. Statutory and Executive Order costs on tribal governments or preempt
Reviews tribal law. ■ 2. In § 52.2520, the table in paragraph
(e) is amended by adding the entry
A. General Requirements B. Submission to Congress and the ‘‘Section 110(a)(2) Infrastructure
Under the CAA, the Administrator is Comptroller General Requirements for the 2012 PM2.5
required to approve a SIP submission The Congressional Review Act, 5 NAAQS’’ at the end of the table to read
that complies with the provisions of the U.S.C. 801 et seq., as added by the Small as follows:
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![Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations 22079
§ 52.2520 Identification of plan. (e) * * *
* * * * *
Name of non-regulatory Applicable State EPA approval date Additional explanation
SIP revision geographic area submittal date
* * * * * * *
Section 110(a)(2) Infra- Statewide .......... 11/17/15 5/12/17, [insert Federal This action addresses the following CAA elements:
structure Requirements Register citation]. 110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of sig-
for the 2012 PM2.5 nificant deterioration), (D)(ii), (E), (F), (G), (H),
NAAQS. (J), (K), (L), and (M), or portions thereof.
[FR Doc. 2017–09504 Filed 5–11–17; 8:45 am] electronically any information you on-road vehicle standards that differ
BILLING CODE 6560–50–P consider to be Confidential Business from the federal standards as long as
Information (CBI) or other information they are as protective in the aggregate as
whose disclosure is restricted by statute. federal standards. Later amendments to
ENVIRONMENTAL PROTECTION Multimedia submissions (audio, video, section 209 granted California the
AGENCY etc.) must be accompanied by a written authority to set emissions standards and
comment. The written comment is regulations for some nonroad engines,
40 CFR Part 52 considered the official comment and and section 177 was added to allow
[EPA–R04–OAR–2016–0116; FRL–9961–44– should include discussion of all points other states to adopt California
Region 4] you wish to make. EPA will generally standards. See CAA section 209(b), 42
not consider comments or comment U.S.C. 7543(b). Section 177 of the CAA
Air Plan Approval; Georgia: Heavy contents located outside of the primary allows other states to adopt standards
Duty Diesel Requirements submission (i.e. on the Web, cloud, or and test procedures identical to
other file sharing system). For California’s. However, regardless of
AGENCY: Environmental Protection additional submission methods, the full whether a manufacturer receives CARB
Agency (EPA). EPA public comment policy, approval, all new motor vehicles and
ACTION: Direct final rule. information about CBI or multimedia engines must still receive certification
submissions, and general guidance on from EPA before the vehicle is
SUMMARY: The Environmental Protection making effective comments, please visit introduced into commerce. If a state
Agency (EPA) is approving changes to a https://www2.epa.gov/dockets/ adopts CARB standards in lieu of the
State Implementation Plan (SIP) commenting-epa-dockets. federal standards and then later removes
revision submitted by the State of FOR FURTHER INFORMATION CONTACT: the requirement for the CARB standards,
Georgia on January 25, 2016, for the Kelly Sheckler, Air Regulatory the Federal CAA vehicle standards will
purpose of removing the requirements Management Section, Air Planning and apply in that state.
for heavy duty diesel engines (HDDE), Implementation Branch, Air, Pesticides In 1994, the CARB approved a plan
which bar the sale/lease or import in the and Toxics Management Division, U.S. that called for emission standards for
State of Georgia of any new HDDE that Environmental Protection Agency, highway heavy-duty diesel vehicles
were not certified by the California Air Region 4, 61 Forsyth Street SW., beginning in 2004. In June of 1995,
Resources Board (CARB) to meet the Atlanta, Georgia 30303–8960. The CARB, EPA, and the manufacturers of
emission standards of the California telephone number is (404) 562–9222, heavy-duty vehicle engines signed a
HDDE rules. The removal of this rule Ms. Sheckler can also be reached via statement of principles (SOP) calling for
will prevent regulatory confusion and electronic mail at sheckler.kelly@ the harmonization of CARB and EPA
make it clear that the more stringent epa.gov. heavy-duty vehicle regulations.
EPA emission standards for HDDE are In 1998, the federal government and
applicable. EPA is approving this SIP SUPPLEMENTARY INFORMATION:
seven HDDE manufacturers entered into
revision because the State has I. Background consent decrees as a result of
demonstrated that it is consistent with enforcement actions that were brought
The federal Clean Air Act (CAA)
the Clean Air Act (CAA or Act). establishes the framework for against the manufacturers because a
DATES: This direct final rule is effective controlling mobile-source emissions in majority of the diesel engine
July 11, 2017 without further notice, the United States. During the manufacturers had programmed their
unless EPA receives adverse comment development of the CAA in 1967, engines to defeat federal test procedures
by June 12, 2017. If EPA receives such Congress recognized that the imposition (FTP) through the use of a ‘‘defeat
comments, it will publish a timely of many different state standards could device.’’ As a part of the consent decree,
withdrawal of the direct final rule in the result in inefficiencies in vehicle the majority of the settling
Federal Register and inform the public markets. Therefore, state-established manufacturers agreed to produce by
that the rule will not take effect. emissions standards were preempted by October 1, 2002, engines that would
ADDRESSES: Submit your comments, federal emissions standards in what is meet supplemental test procedures
identified by Docket ID No. EPA–R04– now section 209 of the CAA. A special including the Not-To-Exceed (NTE) test
mstockstill on DSK30JT082PROD with RULES
OAR–2016–0116 at https:// exemption to this federal preemption and the EURO III European Stationary
www.regulations.gov. Follow the online was made in section 209 for California Cycle (ESC) test. These requirements
instructions for submitting comments. because of the state’s special air quality were to be met for a period of two years.
Once submitted, comments cannot be problems and pioneering efforts in the Recognizing the effectiveness of the
edited or removed from Regulations.gov. control of air pollutants. This supplemental tests, EPA published a
EPA may publish any comment received exemption, still in existence, gives the notice of proposed rulemaking on
to its public docket. Do not submit State of California the authority to set October 29, 1999, see 64 FR 58472,
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Document Created: 2017-05-12 01:09:38
Document Modified: 2017-05-12 01:09:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on June 12, 2017. | |
| Contact | Ellen Schmitt, (215) 814-5787, or by email at [email protected] | |
| FR Citation | 82 FR 22076 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements |
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