82 FR 44525 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Clean Air Interstate Rule Trading Programs Replaced by Cross-State Air Pollution Rule Trading Programs
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 184 (September 25, 2017)
Federal Register Volume 82, Issue 184 (September 25, 2017)
| Page Range | 44525-44527 | |
| FR Document | 2017-20341 |
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)] [Rules and Regulations] [Pages 44525-44527] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20341] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0574; FRL-9968-15-Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Clean Air Interstate Rule Trading Programs Replaced by Cross-State Air Pollution Rule Trading Programs AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve two state implementation plan (SIP) revisions submitted by the State of West Virginia. These revisions pertain to two West Virginia regulations that established trading programs under the Clean Air Interstate Rule (CAIR). The EPA-administered trading programs under CAIR were discontinued on December 31, 2014 upon the implementation of the Cross-State Air Pollution Rule (CSAPR), which was promulgated by EPA to replace CAIR. CSAPR established federal implementation plans (FIPs) for 23 states, including West Virginia. The submitted SIP revisions request removal of regulations that implemented the CAIR annual nitrogen oxide (NOX ) and annual sulfur dioxide (SO2 ) trading programs from the West Virginia SIP (as CSAPR has supplanted CAIR). West Virginia's SIP revision submittal requesting removal of a regulation that implemented the CAIR ozone season trading program will be addressed in a separate action. EPA is approving these SIP revisions in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on December 26, 2017 without further notice, unless EPA receives adverse written comment by October 25, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2016-0574 at https://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On July 13, 2016, the State of West Virginia, through the West Virginia Department of Environmental Protection (WVDEP), submitted three SIP revisions requesting EPA remove from its SIP three regulations that implemented the CAIR (70 FR 25162, May 12, 2005) trading programs: Regulation 45CSR39--Control of Annual Nitrogen Oxides Emissions, Regulation 45CSR40--Control of Ozone Season Nitrogen Oxides Emissions, and Regulation 45CSR41--Control of Annual Sulfur Dioxide Emissions. This action pertains to the two submittals that remove 45CSR39 and 45CSR41, the CAIR annual NOX and annual SO2 trading programs, respectively, from the West Virginia SIP. The submittal pertaining to removal of the CAIR ozone season NOX trading program is not a part of this action and will be addressed in a separate action. I. Background In 2005, EPA promulgated CAIR (70 FR 25162, May 12, 2005) to address transported emissions that significantly contributed to downwind states' nonattainment and interfered with maintenance of the 1997 ozone and fine particulate matter (PM2.5 ) national ambient air quality standards (NAAQS). CAIR required 28 states, including West Virginia, to reduce emissions of NOX and SO2 , precursors to the formation of ambient ozone and PM2.5 . Under CAIR, EPA established federal implementation plans (FIPs) comprised of separate cap and trade programs for annual NOX , ozone season NOX , and annual SO2 . States could comply with the requirements of CAIR by remaining on the FIP, which applied only to electric generating units (EGUs), or by submitting a CAIR SIP revision that included as trading sources EGUs and certain non-EGUs \1\ that formerly traded in the NOX Budget Trading Program under the NOX SIP Call.\2\ West Virginia submitted, and EPA approved, a CAIR SIP revision that included EGUs and certain non-EGUs as part of the State's regulation for the CAIR ozone season trading program as well as EGUs in the CAIR annual trading program for NOX and SO2 . See 74 FR 38536 (August 4, 2009). --------------------------------------------------------------------------- \1\ These non-EGUs are defined in the NOX SIP Call as stationary, fossil fuel-fired boilers, combustion turbines, or combined cycle systems with a maximum design heat input greater than 250 million British thermal units per hour (MMBtu/hr). \2\ In October 1998, EPA finalized the ``Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone''--commonly called the NOX SIP Call. See 63 FR 57356 (October 27, 1998). --------------------------------------------------------------------------- The United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) initially vacated CAIR in 2008,\3\ but ultimately remanded the rule to EPA without vacatur to preserve the environmental benefits provided by CAIR.\4\ The ruling allowed CAIR to remain in effect temporarily until a replacement rule consistent with the Court's opinion was developed. While EPA worked on developing a replacement rule, the CAIR program continued as planned with the NOX annual and ozone season programs [[Page 44526]] beginning in 2009 and the SO2 annual program beginning in 2010. --------------------------------------------------------------------------- \3\ North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008). \4\ North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008). --------------------------------------------------------------------------- On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA promulgated the CSAPR to replace CAIR to address the interstate transport of emissions contributing to nonattainment and interfering with maintenance of the two air quality standards covered by CAIR as well as the 2006 PM2.5 NAAQS. The rule also contained provisions that would sunset CAIR-related obligations on a schedule coordinated with the implementation of CSAPR compliance requirements. CSAPR was to become effective January 1, 2012; however, the timing of CSAPR's implementation was impacted by a number of court actions. Numerous parties filed petitions for review of CSAPR in the D.C. Circuit, and on December 30, 2011, the D.C. Circuit stayed CSAPR prior to its implementation and ordered EPA to continue administering CAIR on an interim basis.\5\ On August 21, 2012, the court issued its ruling, vacating and remanding CSAPR to EPA and ordering continued implementation of CAIR. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit's vacatur of CSAPR was reversed by the United States Supreme Court on April 29, 2014, and the case was remanded to the D.C. Circuit to resolve remaining issues in accordance with the Supreme Court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most respects. --------------------------------------------------------------------------- \5\ Order of Dec. 30, 2011, in EME Homer City Generation, L.P. v. EPA, D.C. Cir. No. 11-1302. --------------------------------------------------------------------------- Throughout the initial round of D.C. Circuit proceedings and the ensuing Supreme Court proceedings, the stay on CSAPR remained in place, and EPA continued to implement CAIR. Following the April 2014 Supreme Court decision, EPA filed a motion asking the D.C. Circuit to lift the stay in order to allow CSAPR to replace CAIR in an equitable and orderly manner while further D.C. Circuit proceedings were held to resolve remaining claims from petitioners. Additionally, EPA's motion requested delay, by three years, of all CSAPR compliance deadlines that had not passed as of the approval date of the stay. On October 23, 2014, the D.C. Circuit granted EPA's request,\6\ and on December 3, 2014 (79 FR 71663), in an interim final rule, EPA set the updated effective date of CSAPR as January 1, 2015 and delayed the implementation of CSAPR Phase I to 2015 and CSAPR Phase 2 to 2017. In accordance with the interim final rule, the sunset date for CAIR was December 31, 2014, and EPA began implementing CSAPR on January 1, 2015. --------------------------------------------------------------------------- \6\ Order, Document #1518738, EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. issued Oct. 23, 2014). --------------------------------------------------------------------------- Starting in January 2015, the CSAPR FIP trading programs for annual NOX , ozone season NOX and annual SO2 were applicable in West Virginia. Thus, since January 1, 2015, the West Virginia regulations, 45CSR39 and 45CSR41, that implemented the CAIR trading programs became obsolete with none of these obsolete programs providing any emission reductions.\7\ --------------------------------------------------------------------------- \7\ EPA notes that 45CSR40--Control of Ozone Season Nitrogen Oxides Emissions is also obsolete and not affecting emission reductions. However, EPA will act on West Virginia's request to remove 45CSR40 from the SIP in a separate action. --------------------------------------------------------------------------- II. Summary of SIP Revisions and EPA Analysis WVDEP submitted two SIP revisions on July 13, 2016 that requested the removal from the West Virginia SIP of the State's regulations (45CSR39 and 45CSR41) which implemented respectively the CAIR annual NOX and annual SO2 trading programs. As noted previously, the annual NOX and SO2 reduction programs to address interstate transport of emissions from EGUs for the 1997 and 2006 PM2.5 NAAQS have been replaced by the CSAPR FIP. Because the removal of 45CSR39 and 41 remove moot CAIR provisions which have been replaced by CSAPR which is at least as stringent as CAIR, the removal of 45CSR39 and 41 from the West Virginia SIP has no expected emissions impact on any pollutant and thus is not expected to interfere with reasonable further progress, any NAAQS or any other CAA requirement. The removal of 45CSR39 and 41 from the West Virginia SIP is in accordance with section 110(l) of the CAA. Therefore, EPA determines it is appropriate for these two regulations to be removed in their entirety from the West Virginia SIP as the regulations contain obsolete provisions which no longer provide any emission limitations on, or reductions of, any pollutant. III. Final Action EPA is approving the two July 13, 2016 West Virginia SIP revision submissions which seek removal from the West Virginia SIP of Regulation 45CSR39 that implemented the CAIR annual NOX trading program and Regulation 45CSR41 that implemented the CAIR annual SO2 trading program. Removal of these two regulations from the West Virginia SIP is in accordance with section 110 of the CAA. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of this issue of the Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on December 26, 2017 without further notice unless EPA receives adverse comment by October 25, 2017. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. 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); [[Page 44527]] 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 removing West Virginia regulations 45CSR39 and 45CSR41 from the West Virginia SIP 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. 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 November 24, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this issue of the Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action approving West Virginia SIP revision submittals to remove obsolete CAIR annual trading program provisions may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: September 11, 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 Sec. 52.2520 [Amended] 0 2. In Sec. 52.2520, the first table in paragraph (c) is amended by: 0 a. Removing the table heading and the entries for ``[45 CSR] Series 39''. 0 b. Removing the table heading and the entries for ``[45 CSR] Series 41''. [FR Doc. 2017-20341 Filed 9-22-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44525
2011 base year emissions inventory for approving these SIP revisions in trading programs, respectively, from the
the Maryland portion of the accordance with the requirements of the West Virginia SIP. The submittal
Philadelphia-Wilmington-Atlantic City Clean Air Act (CAA). pertaining to removal of the CAIR ozone
marginal nonattainment area for the DATES: This rule is effective on season NOX trading program is not a
2008 8-hour ozone national ambient air December 26, 2017 without further part of this action and will be addressed
quality standards submitted by the notice, unless EPA receives adverse in a separate action.
Maryland Department of the written comment by October 25, 2017. I. Background
Environment on January 19, 2017, as If EPA receives such comments, it will
amended July 20, 2017. The 2011 base publish a timely withdrawal of the In 2005, EPA promulgated CAIR (70
year emissions inventory includes direct final rule in the Federal Register FR 25162, May 12, 2005) to address
emissions estimates that cover the and inform the public that the rule will transported emissions that significantly
general source categories of stationary not take effect. contributed to downwind states’
point, area (nonpoint), nonroad mobile, ADDRESSES: Submit your comments, nonattainment and interfered with
onroad mobile, and Marine-Air-Rail (M– identified by Docket ID No. EPA–R03– maintenance of the 1997 ozone and fine
A–R). The inventory included actual OAR–2016–0574 at https:// particulate matter (PM2.5) national
annual emissions and typical summer www.regulations.gov, or via email to ambient air quality standards (NAAQS).
day emissions for the months of May stahl.cynthia@epa.gov. For comments CAIR required 28 states, including West
through September for the ozone submitted at Regulations.gov, follow the Virginia, to reduce emissions of NOX
precursors, VOC and NOX. online instructions for submitting and SO2, precursors to the formation of
[FR Doc. 2017–20324 Filed 9–22–17; 8:45 am] comments. Once submitted, comments ambient ozone and PM2.5. Under CAIR,
BILLING CODE 6560–50–P cannot be edited or removed from EPA established federal implementation
Regulations.gov. For either manner of plans (FIPs) comprised of separate cap
submission, EPA may publish any and trade programs for annual NOX,
ENVIRONMENTAL PROTECTION comment received to its public docket. ozone season NOX, and annual SO2.
AGENCY Do not submit electronically any States could comply with the
information you consider to be requirements of CAIR by remaining on
40 CFR Part 52 confidential business information (CBI) the FIP, which applied only to electric
or other information whose disclosure is generating units (EGUs), or by
[EPA–R03–OAR–2016–0574; FRL–9968–15–
Region 3] restricted by statute. Multimedia submitting a CAIR SIP revision that
submissions (audio, video, etc.) must be included as trading sources EGUs and
Approval and Promulgation of Air accompanied by a written comment. certain non-EGUs 1 that formerly traded
Quality Implementation Plans; West The written comment is considered the in the NOX Budget Trading Program
Virginia; Removal of Clean Air official comment and should include under the NOX SIP Call.2 West Virginia
Interstate Rule Trading Programs discussion of all points you wish to submitted, and EPA approved, a CAIR
Replaced by Cross-State Air Pollution make. EPA will generally not consider SIP revision that included EGUs and
Rule Trading Programs comments or comment contents located certain non-EGUs as part of the State’s
outside of the primary submission (i.e. regulation for the CAIR ozone season
AGENCY: Environmental Protection trading program as well as EGUs in the
on the web, cloud, or other file sharing
Agency (EPA). CAIR annual trading program for NOX
system). For additional submission
ACTION: Direct final rule. and SO2. See 74 FR 38536 (August 4,
methods, please contact the person
SUMMARY: The Environmental Protection identified in the FOR FURTHER 2009).
INFORMATION CONTACT section. For the The United States Court of Appeals
Agency (EPA) is taking direct final
full EPA public comment policy, for the District of Columbia Circuit (D.C.
action to approve two state
information about CBI or multimedia Circuit) initially vacated CAIR in 2008,3
implementation plan (SIP) revisions
submitted by the State of West Virginia. submissions, and general guidance on but ultimately remanded the rule to EPA
These revisions pertain to two West making effective comments, please visit without vacatur to preserve the
Virginia regulations that established http://www2.epa.gov/dockets/ environmental benefits provided by
trading programs under the Clean Air commenting-epa-dockets. CAIR.4 The ruling allowed CAIR to
Interstate Rule (CAIR). The EPA- FOR FURTHER INFORMATION CONTACT: remain in effect temporarily until a
administered trading programs under Marilyn Powers, (215) 814–2308, or by replacement rule consistent with the
CAIR were discontinued on December email at powers.marilyn@epa.gov. Court’s opinion was developed. While
31, 2014 upon the implementation of EPA worked on developing a
SUPPLEMENTARY INFORMATION: On July
the Cross-State Air Pollution Rule replacement rule, the CAIR program
13, 2016, the State of West Virginia,
(CSAPR), which was promulgated by continued as planned with the NOX
through the West Virginia Department
EPA to replace CAIR. CSAPR of Environmental Protection (WVDEP), annual and ozone season programs
established federal implementation submitted three SIP revisions requesting 1 These non-EGUs are defined in the NO SIP Call
X
plans (FIPs) for 23 states, including EPA remove from its SIP three as stationary, fossil fuel-fired boilers, combustion
West Virginia. The submitted SIP regulations that implemented the CAIR turbines, or combined cycle systems with a
revisions request removal of regulations (70 FR 25162, May 12, 2005) trading maximum design heat input greater than 250
that implemented the CAIR annual programs: Regulation 45CSR39—Control million British thermal units per hour (MMBtu/hr).
asabaliauskas on DSKBBXCHB2PROD with RULES
2 In October 1998, EPA finalized the ‘‘Finding of
nitrogen oxide (NOX) and annual sulfur of Annual Nitrogen Oxides Emissions, Significant Contribution and Rulemaking for
dioxide (SO2) trading programs from the Regulation 45CSR40—Control of Ozone Certain States in the Ozone Transport Assessment
West Virginia SIP (as CSAPR has Season Nitrogen Oxides Emissions, and Group Region for Purposes of Reducing Regional
supplanted CAIR). West Virginia’s SIP Regulation 45CSR41—Control of Transport of Ozone’’—commonly called the NOX
SIP Call. See 63 FR 57356 (October 27, 1998).
revision submittal requesting removal of Annual Sulfur Dioxide Emissions. This 3 North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.
a regulation that implemented the CAIR action pertains to the two submittals 2008).
ozone season trading program will be that remove 45CSR39 and 45CSR41, the 4 North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir.
addressed in a separate action. EPA is CAIR annual NOX and annual SO2 2008).
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![Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44527
• Does not have federalism extend the time within which a petition ACTION: Final rule.
implications as specified in Executive for judicial review may be filed, and
Order 13132 (64 FR 43255, August 10, shall not postpone the effectiveness of SUMMARY: The Environmental Protection
1999); such rule or action. Parties with Agency (EPA) is approving a request
• Is not an economically significant objections to this direct final rule are from the New Jersey Department of
regulatory action based on health or encouraged to file a comment in Environmental Protection (NJDEP) for
safety risks subject to Executive Order response to the parallel notice of delegation of authority to implement
13045 (62 FR 19885, April 23, 1997); proposed rulemaking for this action and enforce the Federal plan for Sewage
• Is not a significant regulatory action published in the proposed rules section Sludge Incineration (SSI) units. On
subject to Executive Order 13211 (66 FR of this issue of the Federal Register, April 29, 2016, the EPA promulgated
28355, May 22, 2001); rather than file an immediate petition the Federal plan for SSI units to fulfill
• Is not subject to requirements of for judicial review of this direct final the requirements of the Clean Air Act.
section 12(d) of the National rule, so that EPA can withdraw this The Federal plan addresses the
Technology Transfer and Advancement direct final rule and address the implementation and enforcement of the
Act of 1995 (15 U.S.C. 272 note) because comment in the proposed rulemaking emission guidelines applicable to
application of those requirements would action. existing SSI units located in areas not
be inconsistent with the CAA; and This action approving West Virginia covered by an approved and currently
• Does not provide EPA with the SIP revision submittals to remove effective state plan. The Federal plan
discretionary authority to address, as obsolete CAIR annual trading program imposes emission limits and other
appropriate, disproportionate human provisions may not be challenged later control requirements for existing
health or environmental effects, using in proceedings to enforce its affected SSI facilities which will reduce
practicable and legally permissible requirements. (See section 307(b)(2)). designated pollutants.
methods, under Executive Order 12898 On January 24, 2017, the NJDEP
(59 FR 7629, February 16, 1994). List of Subjects in 40 CFR Part 52 signed a Memorandum of Agreement
In addition, this rule removing West Environmental protection, Air which is intended to be the mechanism
Virginia regulations 45CSR39 and pollution control, Incorporation by for the transfer of authority between the
45CSR41 from the West Virginia SIP reference, Nitrogen dioxide, Ozone, EPA and the NJDEP and defines the
does not have tribal implications as Particulate matter, Reporting and policies, responsibilities and procedures
specified by Executive Order 13175 (65 recordkeeping requirements, Sulfur pursuant to the Federal plan for existing
FR 67249, November 9, 2000), because oxides. SSI units.
the SIP is not approved to apply in Dated: September 11, 2017. DATES: This rule will be effective
Indian country located in the state, and Cecil Rodrigues, October 25, 2017.
EPA notes that it will not impose ADDRESSES: The EPA has established a
Acting Regional Administrator, Region III.
substantial direct costs on tribal docket for this action under Docket ID
governments or preempt tribal law. 40 CFR part 52 is amended as follows:
No. EPA–R02–OAR–2017–0132. All
B. Submission to Congress and the PART 52—APPROVAL AND documents in the docket are listed on
Comptroller General PROMULGATION OF the www.regulations.gov Web site.
The Congressional Review Act, 5 IMPLEMENTATION PLANS Although listed in the index, some
U.S.C. 801 et seq., as added by the Small information is not publicly available,
■ 1. The authority citation for part 52 e.g., Confidential Business Information
Business Regulatory Enforcement
continues to read as follows: or other information whose disclosure is
Fairness Act of 1996, generally provides
that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq. restricted by statute. Certain other
agency promulgating the rule must material, such as copyrighted material,
submit a rule report, which includes a Subpart XX—West Virginia is not placed on the Internet and will be
copy of the rule, to each House of the publicly available only in hard copy
§ 52.2520 [Amended]
Congress and to the Comptroller General form. Publicly available docket
■ 2. In § 52.2520, the first table in materials are available either
of the United States. EPA will submit a
paragraph (c) is amended by: electronically through
report containing this action and other ■ a. Removing the table heading and the
required information to the U.S. Senate, www.regulations.gov, or please contact
entries for ‘‘[45 CSR] Series 39’’. the person identified in the FOR FURTHER
the U.S. House of Representatives, and ■ b. Removing the table heading and the INFORMATION CONTACT section for
the Comptroller General of the United entries for ‘‘[45 CSR] Series 41’’.
States prior to publication of the rule in additional availability information.
[FR Doc. 2017–20341 Filed 9–22–17; 8:45 am] FOR FURTHER INFORMATION CONTACT:
the Federal Register. A major rule
cannot take effect until 60 days after it BILLING CODE 6560–50–P Anthony (Ted) Gardella, Environmental
is published in the Federal Register. Protection Agency, 290 Broadway, New
This action is not a ‘‘major rule’’ as York, New York 10007–1866, at (212)
ENVIRONMENTAL PROTECTION 637–3892, or by email at
defined by 5 U.S.C. 804. AGENCY gardella.anthony@epa.gov.
C. Petitions for Judicial Review
40 CFR Part 62 SUPPLEMENTARY INFORMATION:
Under section 307(b)(1) of the CAA,
asabaliauskas on DSKBBXCHB2PROD with RULES
petitions for judicial review of this [EPA–R02–OAR–2017–0132; FRL–9968–13– I. What action is the EPA taking today?
action must be filed in the United States Region 2] The EPA is approving the NJDEP’s
Court of Appeals for the appropriate request for delegation of authority to
Approval and Promulgation of Plans
circuit by November 24, 2017. Filing a implement and enforce a Federal plan
for Designated Facilities; New Jersey;
petition for reconsideration by the and to adhere to the terms and
Delegation of Authority
Administrator of this final rule does not conditions prescribed in the
affect the finality of this action for the AGENCY: Environmental Protection Memorandum of Agreement (MOA)
purposes of judicial review nor does it Agency. signed between the EPA and the NJDEP,
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Document Created: 2018-10-24 14:43:18
Document Modified: 2018-10-24 14:43:18
| 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 | Direct final rule. | |
| Dates | This rule is effective on December 26, 2017 without further notice, unless EPA receives adverse written comment by October 25, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Marilyn Powers, (215) 814-2308, or by email at [email protected] | |
| FR Citation | 82 FR 44525 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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