82_FR_27231 82 FR 27118 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Update to Materials Incorporated by Reference

82 FR 27118 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Update to Materials Incorporated by Reference

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 113 (June 14, 2017)

Page Range27118-27120
FR Document2017-12236

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the West Virginia state implementation plan (SIP). The regulations affected by this update have been previously submitted by the West Virginia Department of Environmental Protection (WV DEP) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

Federal Register, Volume 82 Issue 113 (Wednesday, June 14, 2017)
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27118-27120]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12236]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WV105-6043; FRL-9961-19-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the 
materials that are incorporated by reference (IBR) into the West 
Virginia state implementation plan (SIP). The regulations affected by 
this update have been previously submitted by the West Virginia 
Department of Environmental Protection (WV DEP) and approved by EPA. 
This update affects the SIP materials that are available for public 
inspection at the National Archives and Records Administration (NARA) 
and the EPA Regional Office.

DATES: This action is effective June 14, 2017.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; or the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Sheila K. Martinez, (215) 814-2035 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The SIP is a living document which a state revises as necessary to 
address its unique air pollution problems. Therefore, EPA, from time to 
time, must take action on SIP revisions containing new and/or revised 
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), 
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office 
of the Federal Register (OFR). The description of the revised SIP 
document, IBR procedures and ``Identification of plan'' format are 
discussed in further detail in the May 22, 1997 Federal Register 
document. On February 10, 2005 (70 FR 7024), EPA published a Federal 
Register document beginning the new IBR procedure for West Virginia. On 
February 28, 2007 (72 FR 8903), February 10, 2009 (74 FR 6542), 
December 28, 2010 (75 FR 81474) and July 25, 2013 (78 FR 44884), EPA 
published updates to the IBR material for West Virginia.
    Since the publication of the last IBR update, EPA has approved into 
the SIP the following regulatory changes to the following West Virginia 
regulations:

A. Added Regulations

    1. EPA-Approved Regulations and Statutes 6B-1-3 (West Virginia Code 
6B-Ethics Standards and Financial Disclosure), sections 6B-1-3, 6B-2-6 
and 6B-2-7.

[[Page 27119]]

B. Revised Regulations

    1. 45 CSR 8 (Ambient Air Quality Standards), sections 45-8-1 
through 45-8-4.
    2. 45 CSR 13 (Permits for Construction, Modification, Relocation 
and Operation of Stationary Sources of Air Pollutants, Notification 
Requirements, Temporary Permits, General Permits, and Procedures for 
Evaluation), section 45-13-1 through 45-13B.
    3. 45 CSR 14 (Permits for Construction and Major Modification of 
Major Stationary Sources of Air Pollution for the Prevention of 
Significant Deterioration), section 45-14-1 through 45-14-26.
    4. 45 CSR 19 (Permits for Construction and Major Modification of 
Major Stationary Sources of Air Pollution which Cause or Contribute to 
Nonattainment), section 45-19-1 through 45-19B.

C. Removed Regulations

    1. 45 CSR 8, sections 45-8-5 through 45-8-7.

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as 
of July 1, 2016 and revising the text within 40 CFR 52.2520(b).
    EPA is revising our 40 CFR part 52 ``Identification of Plan'' for 
the State of West Virginia regarding incorporation by reference, Sec.  
52.2520(b). EPA is revising Sec.  52.2520(b)(1) to clarify that all SIP 
revisions listed in paragraphs (c) and (d), regardless of inclusion in 
the most recent ``update to the SIP compilation,'' are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking in which EPA approved the SIP revision, 
consistent with following our ``Approval and Promulgations of Air 
Quality Implementation Plans; Revised Format of 40 CFR part 52 for 
Materials Being Incorporated by Reference,'' effective May 22, 1997 (62 
FR 27968). EPA is revising Sec.  52.2520(b)(2) to clarify references to 
other portions of paragraph (b) with paragraph (b)(2). EPA is revising 
paragraph (b)(3) to update address and contact information.
    EPA is also revising entries at 40 CFR 52.2520(c) in the ``State 
Citation'' column for Regulation 45 CSR 8 (Ambient Air Quality 
Standards) to read ``Section 45-8-1,'' ``Section 45-8-2,'' ``Section 
45-8-3,'' and ``Section 45-8-4.''

III. Good Cause Exemption

    EPA has determined that this rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). This 
rule simply codifies provisions which are already in effect as a matter 
of law in federal and approved state programs. Under section 553 of the 
APA, an agency may find good cause where procedures are ``impractical, 
unnecessary, or contrary to the public interest.'' Public comment is 
``unnecessary'' and ``contrary to the public interest'' since the 
codification only reflects existing law. Immediate notice in the CFR 
benefits the public by removing outdated citations and incorrect table 
entries.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of previously 
EPA approved regulations promulgated by the State of West Virginia and 
federally effective prior to July 1, 2016. Therefore, these materials 
have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\1\ EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region III Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the CAA 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide 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

[[Page 27120]]

report containing this rule and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the United States prior to publication of the rule in the Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the CAA pertaining to petitions for judicial review are not applicable 
to this action. Prior EPA rulemaking actions for each individual 
component of the West Virginia SIP compilations had previously afforded 
interested parties the opportunity to file a petition for judicial 
review in the United States Court of Appeals for the appropriate 
circuit within 60 days of such rulemaking action. Thus, EPA sees no 
need in this action to reopen the 60-day period for filing such 
petitions for judicial review for this ``Identification of plan'' 
update action for West Virginia.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 21, 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 for citation for part 52 continues to read as follows:

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

Subpart XX--West Virginia

0
2. Section 52.2520 is amended by:
0
a. Revising paragraph (b); and
0
b. In paragraph (c), in the table titled ``EPA-Approved Regulations in 
the West Virginia SIP'':
0
i. Revising the entries under ``[45 CSR] Series 8 Ambient Air Quality 
Standards''; and
0
ii. Removing the entries for sections 45-19-6, 45-19-10, 45-19-11, 45-
19-20, 45-19-21, and 45-19-22 under ``[45 CSR] Series 19 Permits for 
Construction and Major Modification of Major Stationary Sources of Air 
Pollution which Cause or Contribute to Nonattainment''.
    The revisions reads as follows:


Sec.  52.2520   Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to July 1, 
2016, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Entries in paragraphs (c) and (d) of this section with the EPA 
approval dates after July 1, 2016 for the State of West Virginia have 
been approved by EPA for inclusion in the State implementation plan and 
for incorporation by reference into the plan as it is contained in this 
section, and will be considered by the Director of the Federal Register 
for approval in the next update to the SIP compilation.
    (2) EPA Region III certifies that the materials provided by EPA at 
the addresses in paragraph (b)(3) of this section are an exact 
duplicate of the officially promulgated state rules/regulations which 
have been approved as part of the state implementation plan as of the 
dates referenced in paragraph (b)(1) of this section. No additional 
revisions were made to paragraph (d) of this section between April 1, 
2013 and July 1, 2016.
    (3) Copies of the materials incorporated by reference into the 
state implementation plan may be inspected at the Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. To obtain the material, please call the Regional 
Office at (215) 814-3376. You may also inspect the material with an EPA 
approval date prior to July 1, 2016 for the State of West Virginia at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
State citation [chapter 16-20 or                       State effective                           explanation/
             45 CSR]                 Title/subject           date        EPA approval date    citation at 40 CFR
                                                                                                   52.2565
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 [45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1..................  General............          6/1/14   9/22/14, 79 FR       Filing and
                                                                         56514.               effective dates
                                                                                              are revised.
Section 45-8-2..................  Definitions........          6/1/14   9/22/14, 79 FR
                                                                         56514.
Section 45-8-3..................  Adoption of                  6/1/14   9/22/14, 79 FR       Effective date is
                                   Standards.                            56514.               revised.
Section 45-8-4..................  Inconsistency                6/1/14   9/22/14, 79 FR
                                   Between Rules.                        56514.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2017-12236 Filed 6-13-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                27118            Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations

                                                determination is available in the docket                vessels underway within this safety                    regulations affected by this update have
                                                where indicated under ADDRESSES.                        zone at the time it is implemented are                 been previously submitted by the West
                                                                                                        to depart the zone.                                    Virginia Department of Environmental
                                                G. Protest Activities
                                                                                                           (3) Persons desiring to enter or transit            Protection (WV DEP) and approved by
                                                  The Coast Guard respects the First                    through the safety zone must first obtain              EPA. This update affects the SIP
                                                Amendment rights of protesters.                         authorization from the Captain of the                  materials that are available for public
                                                Protesters are asked to contact the                     Port Maryland-National Capital Region                  inspection at the National Archives and
                                                person listed in the FOR FURTHER                        or designated representative. To request               Records Administration (NARA) and the
                                                INFORMATION CONTACT section to                          permission to enter or transit the area,               EPA Regional Office.
                                                coordinate protest activities so that your              the Captain of the Port Maryland-                      DATES: This action is effective June 14,
                                                message can be received without                         National Capital Region or designated                  2017.
                                                jeopardizing the safety or security of                  representatives can be contacted at                    ADDRESSES: SIP materials which are
                                                people, places, or vessels.                             telephone number 410–576–2693 or on                    incorporated by reference into 40 CFR
                                                List of Subjects in 33 CFR Part 165                     Marine Band Radio VHF–FM channel                       part 52 are available for inspection at
                                                                                                        16 (156.8 MHz). The Coast Guard                        the following locations: Air Protection
                                                  Harbors, Marine safety, Navigation                    vessels enforcing this section can be
                                                (water), Reporting and recordkeeping                                                                           Division, U.S. Environmental Protection
                                                                                                        contacted on Marine Band Radio VHF–                    Agency, Region III, 1650 Arch Street,
                                                requirements, Security measures,                        FM channel 16 (156.8 MHz). Upon
                                                Waterways.                                                                                                     Philadelphia, Pennsylvania 19103; or
                                                                                                        being hailed by a U.S. Coast Guard                     the National Archives and Records
                                                  For the reasons discussed in the                      vessel, or other Federal, State, or local              Administration (NARA). For
                                                preamble, the Coast Guard amends 33                     agency vessel, by siren, radio, flashing               information on the availability of this
                                                CFR part 165 as follows:                                light, or other means, the operator of a               material at NARA, call 202–741–6030,
                                                                                                        vessel shall proceed as directed. If                   or go to: http://www.archives.gov/
                                                PART 165—REGULATED NAVIGATION                           permission is granted, all persons and
                                                AREAS AND LIMITED ACCESS AREAS                                                                                 federal_register/code_of_federal_
                                                                                                        vessels must comply with the                           regulations/ibr_locations.html.
                                                ■ 1. The authority citation for part 165                instructions of the Captain of the Port                FOR FURTHER INFORMATION CONTACT:
                                                continues to read as follows:                           Maryland-National Capital Region or                    Sheila K. Martinez, (215) 814–2035 or
                                                                                                        designated representative and proceed                  by email at martinez.sheila@epa.gov.
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             as directed while within the zone.
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                           (4) Enforcement officials. The U.S.
                                                Department of Homeland Security Delegation
                                                No. 0170.1.
                                                                                                        Coast Guard may be assisted in the                     I. Background
                                                                                                        patrol and enforcement of the zone by                     The SIP is a living document which
                                                ■ 2. Add § 165.T05–0357 to read as                      Federal, State, and local agencies.
                                                follows:                                                                                                       a state revises as necessary to address its
                                                                                                           (d) Enforcement period. This section                unique air pollution problems.
                                                § 165.T05–0357 Safety Zone; Potomac
                                                                                                        will be enforced from 8:30 p.m. through                Therefore, EPA, from time to time, must
                                                River, Charles County, MD.                              10 p.m. on June 17, 2017, and if                       take action on SIP revisions containing
                                                                                                        necessary due to inclement weather,                    new and/or revised regulations as being
                                                   (a) Definitions. As used in this
                                                                                                        from 8:30 p.m. through 10 p.m. on June                 part of the SIP. On May 22, 1997 (62 FR
                                                section:
                                                   Captain of the Port Maryland-                        24, 2017.                                              27968), EPA revised the procedures for
                                                National Capital Region means the                         Dated: June 9, 2017.                                 incorporating by reference federally-
                                                Commander, U.S. Coast Guard Sector                      L.P. Harrison, Jr.,                                    approved SIPs, as a result of
                                                Maryland-National Capital Region.                       Captain, U.S. Coast Guard, Captain of the              consultations between EPA and the
                                                   Designated representative means any                  Port Maryland-National Capital Region.                 Office of the Federal Register (OFR). The
                                                Coast Guard commissioned, warrant, or                   [FR Doc. 2017–12285 Filed 6–13–17; 8:45 am]            description of the revised SIP
                                                petty officer who has been authorized                   BILLING CODE 9110–04–P                                 document, IBR procedures and
                                                by the Captain of the Port Maryland-                                                                           ‘‘Identification of plan’’ format are
                                                National Capital Region to assist in                                                                           discussed in further detail in the May
                                                enforcing the safety zone described in                  ENVIRONMENTAL PROTECTION                               22, 1997 Federal Register document. On
                                                paragraph (a) of this section.                          AGENCY                                                 February 10, 2005 (70 FR 7024), EPA
                                                   (b) Location. The following area is a                                                                       published a Federal Register document
                                                safety zone: all waters of the Potomac                  40 CFR Part 52                                         beginning the new IBR procedure for
                                                River, within 200 yards radius of a                                                                            West Virginia. On February 28, 2007 (72
                                                                                                        [WV105–6043; FRL–9961–19–Region 3]
                                                fireworks barge in approximate position                                                                        FR 8903), February 10, 2009 (74 FR
                                                latitude 38°23′45.2″ N., longitude                      Approval and Promulgation of Air                       6542), December 28, 2010 (75 FR 81474)
                                                076°59′31.8″ W., located near Newburg,                  Quality Implementation Plans; West                     and July 25, 2013 (78 FR 44884), EPA
                                                MD. All coordinates refer to datum NAD                  Virginia; Update to Materials                          published updates to the IBR material
                                                1983.                                                   Incorporated by Reference                              for West Virginia.
                                                   (c) Regulations. The general safety                                                                            Since the publication of the last IBR
                                                zone regulations found in subpart C of                  AGENCY:  Environmental Protection                      update, EPA has approved into the SIP
                                                this part apply to the safety zone created              Agency (EPA).                                          the following regulatory changes to the
                                                by this section.                                        ACTION: Final rule; administrative                     following West Virginia regulations:
mstockstill on DSK30JT082PROD with RULES




                                                   (1) All persons are required to comply               change.
                                                with the general regulations governing                                                                         A. Added Regulations
                                                safety zones found in § 165.23.                         SUMMARY:   The Environmental Protection                  1. EPA-Approved Regulations and
                                                   (2) Entry into or remaining in this                  Agency (EPA) is updating the materials                 Statutes 6B–1–3 (West Virginia Code
                                                zone is prohibited unless authorized by                 that are incorporated by reference (IBR)               6B-Ethics Standards and Financial
                                                the Coast Guard Captain of the Port                     into the West Virginia state                           Disclosure), sections 6B–1–3, 6B–2–6
                                                Maryland-National Capital Region. All                   implementation plan (SIP). The                         and 6B–2–7.


                                           VerDate Sep<11>2014   16:55 Jun 13, 2017   Jkt 241001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\14JNR1.SGM   14JNR1


                                                                 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations                                           27119

                                                B. Revised Regulations                                  in section 553(b)(3)(B) of the                         meeting federal requirements and does
                                                  1. 45 CSR 8 (Ambient Air Quality                      Administrative Procedures Act (APA)                    not impose additional requirements
                                                Standards), sections 45–8–1 through 45–                 which, upon finding ‘‘good cause,’’                    beyond those imposed by state law. For
                                                8–4.                                                    authorizes agencies to dispense with                   that reason, this action:
                                                  2. 45 CSR 13 (Permits for                             public participation and section                          • Is not a ‘‘significant regulatory
                                                Construction, Modification, Relocation                  553(d)(3) which allows an agency to                    action’’ subject to review by the Office
                                                and Operation of Stationary Sources of                  make a rule effective immediately                      of Management and Budget under
                                                Air Pollutants, Notification                            (thereby avoiding the 30-day delayed                   Executive Order 12866 (58 FR 51735,
                                                Requirements, Temporary Permits,                        effective date otherwise provided for in               October 4, 1993);
                                                General Permits, and Procedures for                     the APA). This rule simply codifies                       • does not impose an information
                                                Evaluation), section 45–13–1 through                    provisions which are already in effect as              collection burden under the provisions
                                                45–13B.                                                 a matter of law in federal and approved                of the Paperwork Reduction Act (44
                                                  3. 45 CSR 14 (Permits for                             state programs. Under section 553 of the               U.S.C. 3501 et seq.);
                                                Construction and Major Modification of                  APA, an agency may find good cause                        • is certified as not having a
                                                Major Stationary Sources of Air                         where procedures are ‘‘impractical,                    significant economic impact on a
                                                Pollution for the Prevention of                         unnecessary, or contrary to the public                 substantial number of small entities
                                                Significant Deterioration), section 45–                 interest.’’ Public comment is                          under the Regulatory Flexibility Act (5
                                                14–1 through 45–14–26.                                  ‘‘unnecessary’’ and ‘‘contrary to the                  U.S.C. 601 et seq.);
                                                  4. 45 CSR 19 (Permits for                             public interest’’ since the codification                  • does not contain any unfunded
                                                Construction and Major Modification of                  only reflects existing law. Immediate                  mandate or significantly or uniquely
                                                Major Stationary Sources of Air                         notice in the CFR benefits the public by               affect small governments, as described
                                                Pollution which Cause or Contribute to                  removing outdated citations and                        in the Unfunded Mandates Reform Act
                                                Nonattainment), section 45–19–1                         incorrect table entries.                               of 1995 (Pub. L. 104–4);
                                                through 45–19B.                                                                                                   • does not have federalism
                                                                                                        IV. Incorporation by Reference                         implications as specified in Executive
                                                C. Removed Regulations                                                                                         Order 13132 (64 FR 43255, August 10,
                                                                                                           In this rule, EPA is finalizing
                                                  1. 45 CSR 8, sections 45–8–5 through                  regulatory text that includes                          1999);
                                                45–8–7.                                                 incorporation by reference. In                            • is not an economically significant
                                                                                                        accordance with requirements of 1 CFR                  regulatory action based on health or
                                                II. EPA Action                                                                                                 safety risks subject to Executive Order
                                                                                                        51.5, EPA is finalizing the incorporation
                                                   In this action, EPA is announcing the                by reference of previously EPA                         13045 (62 FR 19885, April 23, 1997);
                                                update to the IBR material as of July 1,                approved regulations promulgated by                       • is not a significant regulatory action
                                                2016 and revising the text within 40                    the State of West Virginia and federally               subject to Executive Order 13211 (66 FR
                                                CFR 52.2520(b).                                         effective prior to July 1, 2016. Therefore,            28355, May 22, 2001);
                                                   EPA is revising our 40 CFR part 52                   these materials have been approved by                     • is not subject to requirements of
                                                ‘‘Identification of Plan’’ for the State of             EPA for inclusion in the SIP, have been                Section 12(d) of the National
                                                West Virginia regarding incorporation                   incorporated by reference by EPA into                  Technology Transfer and Advancement
                                                by reference, § 52.2520(b). EPA is                      that plan, are fully federally enforceable             Act of 1995 (15 U.S.C. 272 note) because
                                                revising § 52.2520(b)(1) to clarify that all            under sections 110 and 113 of the CAA                  application of those requirements would
                                                SIP revisions listed in paragraphs (c)                  as of the effective date of the final                  be inconsistent with the CAA; and
                                                and (d), regardless of inclusion in the                                                                           • does not provide EPA with the
                                                                                                        rulemaking of EPA’s approval, and will
                                                most recent ‘‘update to the SIP                                                                                discretionary authority to address, as
                                                                                                        be incorporated by reference by the
                                                compilation,’’ are fully federally                                                                             appropriate, disproportionate human
                                                                                                        Director of the Federal Register in the
                                                enforceable under sections 110 and 113                                                                         health or environmental effects, using
                                                                                                        next update to the SIP compilation.1
                                                of the CAA as of the effective date of the                                                                     practicable and legally permissible
                                                                                                        EPA has made, and will continue to
                                                final rulemaking in which EPA                                                                                  methods, under Executive Order 12898
                                                                                                        make, these materials generally
                                                approved the SIP revision, consistent                                                                          (59 FR 7629, February 16, 1994).
                                                                                                        available through www.regulations.gov
                                                with following our ‘‘Approval and                                                                                 In addition, this rule does not have
                                                                                                        and/or at the EPA Region III Office
                                                Promulgations of Air Quality                                                                                   tribal implications as specified by
                                                                                                        (please contact the person identified in
                                                Implementation Plans; Revised Format                                                                           Executive Order 13175 (65 FR 67249,
                                                                                                        the ‘‘For Further Information Contact’’
                                                of 40 CFR part 52 for Materials Being                                                                          November 9, 2000), because the SIP is
                                                                                                        section of this preamble for more
                                                Incorporated by Reference,’’ effective                                                                         not approved to apply in Indian country
                                                                                                        information).
                                                May 22, 1997 (62 FR 27968). EPA is                                                                             located in the state, and EPA notes that
                                                revising § 52.2520(b)(2) to clarify                     V. Statutory and Executive Order                       it will not impose substantial direct
                                                references to other portions of paragraph               Reviews                                                costs on tribal governments or preempt
                                                (b) with paragraph (b)(2). EPA is                                                                              tribal law.
                                                                                                        A. General Requirements
                                                revising paragraph (b)(3) to update                                                                            B. Submission to Congress and the
                                                address and contact information.                          Under the Clean Air Act (CAA), the
                                                                                                        Administrator is required to approve a                 Comptroller General
                                                   EPA is also revising entries at 40 CFR
                                                52.2520(c) in the ‘‘State Citation’’                    SIP submission that complies with the                    The Congressional Review Act, 5
                                                column for Regulation 45 CSR 8                          provisions of the CAA and applicable                   U.S.C. 801 et seq., as added by the Small
                                                (Ambient Air Quality Standards) to read                 Federal regulations. 42 U.S.C. 7410(k);                Business Regulatory Enforcement
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                                                ‘‘Section 45–8–1,’’ ‘‘Section 45–8–2,’’                 40 CFR 52.02(a). Thus, in reviewing SIP                Fairness Act of 1996, generally provides
                                                ‘‘Section 45–8–3,’’ and ‘‘Section 45–8–                 submissions, EPA’s role is to approve                  that before a rule may take effect, the
                                                4.’’                                                    state choices, provided that they meet                 agency promulgating the rule must
                                                                                                        the criteria of the CAA. Accordingly,                  submit a rule report, which includes a
                                                III. Good Cause Exemption                               this action merely approves state law as               copy of the rule, to each House of the
                                                   EPA has determined that this rule                                                                           Congress and to the Comptroller General
                                                falls under the ‘‘good cause’’ exemption                  1 62   FR 27968 (May 22, 1997).                      of the United States. EPA will submit a


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                                                27120               Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations

                                                report containing this rule and other                          PART 52—APPROVAL AND                                               State implementation plan and for
                                                required information to the U.S. Senate,                       PROMULGATION OF                                                    incorporation by reference into the plan
                                                the U.S. House of Representatives, and                         IMPLEMENTATION PLANS                                               as it is contained in this section, and
                                                the Comptroller General of the United                                                                                             will be considered by the Director of the
                                                States prior to publication of the rule in                     ■ 1. The authority for citation for part 52                        Federal Register for approval in the next
                                                the Federal Register. This rule is not a                       continues to read as follows:                                      update to the SIP compilation.
                                                ‘‘major rule’’ as defined by 5 U.S.C.                              Authority: 42 U.S.C. 7401 et seq.
                                                804(2).                                                                                                                              (2) EPA Region III certifies that the
                                                                                                               Subpart XX—West Virginia                                           materials provided by EPA at the
                                                C. Petitions for Judicial Review                                                                                                  addresses in paragraph (b)(3) of this
                                                  EPA has also determined that the                             ■  2. Section 52.2520 is amended by:                               section are an exact duplicate of the
                                                provisions of section 307(b)(1) of the                         ■  a. Revising paragraph (b); and                                  officially promulgated state rules/
                                                CAA pertaining to petitions for judicial                       ■  b. In paragraph (c), in the table titled                        regulations which have been approved
                                                review are not applicable to this action.                      ‘‘EPA-Approved Regulations in the West                             as part of the state implementation plan
                                                Prior EPA rulemaking actions for each                          Virginia SIP’’:                                                    as of the dates referenced in paragraph
                                                                                                               ■ i. Revising the entries under ‘‘[45 CSR]
                                                individual component of the West                                                                                                  (b)(1) of this section. No additional
                                                Virginia SIP compilations had                                  Series 8 Ambient Air Quality
                                                                                                               Standards’’; and                                                   revisions were made to paragraph (d) of
                                                previously afforded interested parties                                                                                            this section between April 1, 2013 and
                                                                                                               ■ ii. Removing the entries for sections
                                                the opportunity to file a petition for                                                                                            July 1, 2016.
                                                judicial review in the United States                           45–19–6, 45–19–10, 45–19–11, 45–19–
                                                Court of Appeals for the appropriate                           20, 45–19–21, and 45–19–22 under ‘‘[45                                (3) Copies of the materials
                                                circuit within 60 days of such                                 CSR] Series 19 Permits for Construction                            incorporated by reference into the state
                                                rulemaking action. Thus, EPA sees no                           and Major Modification of Major                                    implementation plan may be inspected
                                                need in this action to reopen the 60-day                       Stationary Sources of Air Pollution                                at the Environmental Protection Agency,
                                                period for filing such petitions for                           which Cause or Contribute to                                       Region III, 1650 Arch Street,
                                                judicial review for this ‘‘Identification of                   Nonattainment’’.                                                   Philadelphia, Pennsylvania 19103. To
                                                                                                                  The revisions reads as follows:                                 obtain the material, please call the
                                                plan’’ update action for West Virginia.
                                                                                                               § 52.2520        Identification of plan.                           Regional Office at (215) 814–3376. You
                                                List of Subjects in 40 CFR Part 52
                                                                                                               *     *     *     *     *                                          may also inspect the material with an
                                                  Environmental protection, Air                                  (b) Incorporation by reference. (1)                              EPA approval date prior to July 1, 2016
                                                pollution control, Carbon monoxide,                            Material listed in paragraphs (c) and (d)                          for the State of West Virginia at the
                                                Incorporation by reference,                                    of this section with an EPA approval                               National Archives and Records
                                                Intergovernmental relations, Lead,                                                                                                Administration (NARA). For
                                                                                                               date prior to July 1, 2016, was approved
                                                Nitrogen dioxide, Ozone, Particulate
                                                                                                               for incorporation by reference by the                              information on the availability of this
                                                matter, Reporting and recordkeeping
                                                                                                               Director of the Federal Register in                                material at NARA, go to: http://
                                                requirements, Sulfur oxides, Volatile
                                                                                                               accordance with 5 U.S.C. 552(a) and 1                              www.archives.gov/federal-register/cfr/
                                                organic compounds.
                                                                                                               CFR part 51. Entries in paragraphs (c)                             ibr-locations.html.
                                                  Dated: March 21, 2017.                                       and (d) of this section with the EPA                                  (c) * * *
                                                Cecil Rodrigues,                                               approval dates after July 1, 2016 for the
                                                Acting Regional Administrator, Region III.                     State of West Virginia have been
                                                    40 CFR part 52 is amended as follows:                      approved by EPA for inclusion in the

                                                                                               EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
                                                           State citation                                                              State effective                                                       Additional explanation/
                                                                                                      Title/subject                                                    EPA approval date
                                                    [chapter 16–20 or 45 CSR]                                                               date                                                          citation at 40 CFR 52.2565


                                                            *                        *                             *                             *                          *                        *                       *

                                                                                                           [45 CSR] Series 8 Ambient Air Quality Standards

                                                Section 45–8–1 .......................   General ..................................        6/1/14                9/22/14, 79 FR 56514 ............       Filing and effective dates are
                                                                                                                                                                                                            revised.
                                                Section 45–8–2 .......................   Definitions ..............................        6/1/14                9/22/14, 79 FR 56514.
                                                Section 45–8–3 .......................   Adoption of Standards ...........                 6/1/14                9/22/14, 79 FR 56514 ............       Effective date is revised.
                                                Section 45–8–4 .......................   Inconsistency Between Rules                       6/1/14                9/22/14, 79 FR 56514.

                                                            *                        *                             *                             *                          *                        *                       *



                                                *       *       *       *      *
                                                [FR Doc. 2017–12236 Filed 6–13–17; 8:45 am]
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                                                BILLING CODE 6560–50–P




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Document Created: 2017-06-14 01:23:52
Document Modified: 2017-06-14 01:23:52
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; administrative change.
DatesThis action is effective June 14, 2017.
ContactSheila K. Martinez, (215) 814-2035 or by email at [email protected]
FR Citation82 FR 27118 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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